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(a) In addition to any other condition or regulation contained in this Chapter or in state statutes, the following conditions and regulations shall be applicable to and shall govern and control all licenses of Computerized Internet Sweepstakes Terminal Cafés:
(1) Each licensee shall at all times open each and every portion of the premises for inspection by the Police Department and other City personnel as necessary for the purposes of assuring compliance with, and/or enforcement of, any provisions of this Chapter.
(2) Each licensee shall have present on the premises at all times when the premises are open to the public at least one adult operator who has not been convicted of any felony or of any misdemeanor involving the operation of a business or involving gambling activities, minors or any crime involving moral turpitude.
(3) No licensee shall allow living quarters to exist with direct entry to the premises.
(4) No person under the age of twenty one (21) years shall be permitted to operate a Sweepstakes Terminal Café.
(5) Any and all sweepstakes rules and odds of winning shall be posted in a conspicuous place at the premises and displayed on the Computerized Internet Sweepstakes Device at the start of each game and/or activity. If results of a sweepstakes can be ascertained immediately upon receipt of the sweepstakes card, token code, or the like, such fact shall conspicuously placed at the premises and displayed on the Computerized Internet Sweepstakes Device.
(6) A list of each separate prize that may be given out and each separate dollar amount that may be given and the odds of winning any offered prize or dollar amount awarded for the participation in any game, activity, program, scheme, sweepstake or play, shall be conspicuously placed at the premises and displayed on the computerized sweepstakes device.
(7) Each licensee shall operate the Computerized Internet Sweepstakes Terminal Café business in compliance with any and all pertinent Federal, State and local laws rules and regulations.
(8) No person under the age of twenty one (21) years shall be permitted within the Computerized Sweepstakes Terminal Café.
(b) All Computerized Internet Sweepstakes devices upon the premises of a Computerized Internet Sweepstakes Terminal Café shall be located thereon in conformity with the floor plan filed with the application for the license and in such a manner:
(1) So as not to impair ingress or egress to the premises;
(2) So as not to interfere with free and unfettered passage through the premise;
(3) So as to permit a clear and complete view of the interior of the premises immediately upon entry;
(c) The operator shall require a photo identification of every person to whom anything of value is given in connection with the sweepstakes/internet café and shall record the person's name, date of birth, and home address and a description of the thing given, a stated dollar value of the thing given, the date and time of the giving and, if a Computerized Internet Sweepstakes Device is involved in the circumstances of the giving, the serial number or other identifying description of the device. If the dollar value given for any single event is six hundred dollars ($600.00) or more, the operator shall also include in the record a copy of the person's social security number. By the second Tuesday of each month the operator shall cause to be delivered to the City of Fairborn Tax Department, a copy of the record containing the information set forth above for the preceding month. The operator and the City shall not disclose the social security number of any person to anyone except as required by the laws of the State of Ohio and the United States.
(d) Computerized Internet Sweepstakes Terminal Cafés shall be located only within a Highway Service District, as regulated by Chapter 1141 of the Planning and Zoning Code. No Computerized Sweepstakes Terminal Cafés shall be located upon a parcel that abuts residentially zoned property. No Computerized Sweepstakes Terminal Cafés shall be located closer than one thousand five hundred(l,500) feet from another Computerized Sweepstakes Terminal Café.
(Ord. 03-12. Passed 2-20-12.)
(Ord. 03-12. Passed 2-20-12.)