705.01 Title, purpose, and objective.
705.02 Construction, separability, and applicability of chapter.
705.03 Definitions.
705.04 Computerized sweepstakes device license required.
705.05 Sweepstakes terminal café license required.
705.06 Authority of Safety Director.
705.07 Nature of licenses.
705.08 Procedure for obtaining licenses.
705.09 Denial of sweepstakes terminal café license.
705.10 Conditions and regulations.
705.11 Prohibited conduct and conditions in sweepstakes terminal cafés.
705.12 License expiration, suspension or revocation.
705.13 Physical requirements of a sweepstakes terminal café or sweepstakes terminal area.
705.14 License fees.
705.15 Zoning compliance.
705.16 Equal opportunity.
705.99 Penalty.
(a) Title. This chapter shall be known and may be cited as Sweepstakes Terminal Cafés.
(b) Purpose and Objectives. It is the purpose of this chapter and the policy of the City to establish standards for licensing, regulation and control of computerized sweepstakes devices and sweepstakes terminal cafés and premises upon which they are located and operated for purpose of entertainment of the public. The objectives of this chapter are to prevent safety and fire hazards, disturbances, disruption of pedestrian traffic, disorderly assemblies, theft of personal property, gambling and truancy within the City.
(Ord. 171-2011. Passed 11-21-11.)
(a) Construction. This chapter shall be liberally construed and applied to promote its purpose and objectives.
(b) Separability. If any provision of this chapter or the application thereof to any person circumstance, is held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed separate, distinct and independent provision, and neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby.
(Ord. 171-2011. Passed 11-21-11.)
As used in this chapter:
(a) “Accessory use” has the same definition as Codified Ordinance Section 1321.21.
(b) “Board” means the City Planning and Zoning Commission.
(c) “Computerized sweepstakes device” means any computer, machine, game or apparatus which, upon the insertion of a coin, token or similar object, or upon payment of anything of value, wherein a product or service is provided, and may be operated by the public generally for use as a contest of skill, entertainment or amusement, whether or not registering a score, and which in no way tends to encourage gambling.
(d) “Licensee” means the person or persons who sign an application for a license hereunder and to whom such license is issued.
(e) “Main use of the premises” means the business purpose and the appropriate use group designation as defined in the Ohio Building Code.
(f) “Owner” means any person who possesses a pecuniary interest, either directly or indirectly, of 25% or more in an sweepstakes terminal café business.
(g) “Operator” means the person or persons having authority to control the premises of an arcade amusement center or an accessory amusement area.
(h) “Person” means any natural person, firm, partnership, association, corporation or any other form of business organization.
(i) “Premises” means the building or portion thereof used for conducting the operation of a sweepstakes terminal café business.
(j) “Quarterly gross/net revenue report” means a quarterly report from the licensee which may be by the sweepstakes software provider to the Tax Commissioner which shows by licensee the total sales less total payouts.
(k) “Safety Director” means the Ex officio Director of Public Safety.
(l) “School” means any educational institution, public, private, secular or parochial, which offers instruction of kindergarten through high school grades.
(m) “Sweepstakes software provider” means an entity which provides terminal operational software and support services.
(n) “Sweepstakes terminal café” means any individual premises upon which any computerized sweepstakes device is located generally throughout the establishment in compliance with the terms of the applicable license for the use or entertainment of the public, whether or not such premises have other business purposes of any nature whatsoever.
(Ord. 171-2011. Passed 11-21-11.)
No person shall use any computerized sweepstakes device in the City without having first obtained a license therefore as provided in this chapter, which license shall be designated as a computerized sweepstakes license. An individual certificate, to be developed by the ex officio Director of Public Safety, is required for each such computerized sweepstakes device.
(Ord. 171-2011. Passed 11-21-11.)
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