(a) No license shall be granted to a billiard room, game room, poolroom or an arcade that will conduct its business at a location that is within five hundred feet from the boundaries of a parcel of real estate having situated thereupon a school, public library, public playground, or any establishment that has been issued a liquor permit by the State of Ohio. However, any duly issued license for a billiard room, game room, poolroom or an arcade in force as of the effective date of this section will be continued from year to year upon payment to the Chief of Police of the annual license application fee and compliance with the other sections of this Chapter. However, any change in ownership of the subject billiard room, game room, poolroom or an arcade or change in its location will remove same from this exception. "Change in ownership" in the case of a partnership, limited liability company or corporation for the purpose of this section means more than a fifty percent change in partners, members or shareholders from the partners, members or shareholders owning the partnership, limited liability company or corporation as of the effective date of this section.
(b) This section shall not apply to establishments that have been issued a liquor permit by the State of Ohio, except that it shall apply to any establishment that only has a permit to sell beer, malt liquor, distilled spirits, and/or wine in original containers for carryout.
(c) This section shall not apply to a duly licensed billiard room, games room, poolroom or arcade locations in existence at the time a school, public library, public playground, or any establishment that has been issued a liquor permit by the State of Ohio moves within five hundred feet of billiard room, games room, poolroom or arcade. However, any change in ownership of same, or change in its location will remove said billiard room, games room, poolroom or arcade from this exception.
(d) "Change in ownership" in the case of a partnership, limited liability company or corporation for the purpose of this section means more than fifty percent change in partners, members or shareholders from the partners, members or shareholders owning the partnership, limited liability company or corporation as of the date the school, public library, or public playground moves within five hundred feet of said billiard room, games room, poolroom or arcade. (Ord. 2004-078. Passed 8-10-04.)