(a) Any license issued pursuant to the provisions of this Chapter may be suspended or revoked at any time by the Chief of Police upon the presentation of satisfactory proof that a violation of any federal, state, county and/or Village statute, law, ordinance, resolution, code, regulation or rule occurred on the subject premises.
(b) Any resident of the Village may submit a written notice of complaint to the Chief of Police in regard to any billiard, poolroom, or arcade location. The notice of complaint will include the name and address of the resident, the address of the location, and the specific reasons why the resident is complaining.
(c) The Chief of Police shall meet with the complainant and inquire as to the specific reasons for the complaint, and the Chief may dismiss the complaint if he determines that:
(1) The specific reasons listed in the complaint are not proper grounds for suspension or revocation of the license; or
(2) No substantial credible facts exist to support the complaint by the resident.
(d) If the complaint is not dismissed by the Chief of Police, the Chief shall then notify the licensee and the owner of the devices located on the subject premises as listed on the license application, that a complaint has been filed, and shall set a date for a fact-finding conference on the matter. Extensions and necessary investigations will be granted and conducted at the discretion of the Chief.
(e) At the time of the conference, the resident, the licensee, and the owner of the devices will meet and attempt to amicably resolve the situation. If the resident, licensee, and the owner can reach an amicable solution, the Chief of Police will direct the licensee to comply with the solution in a notice of reconciliation.
(f) If the parties cannot decide upon an amicable solution to the problem, the Chief of Police shall transmit the complaint, together with his findings, evidence and recommendation thereon, to Village Council. Council shall conduct a hearing to review and consider said matter.
(g) Council may accept, reject, or modify the recommendation of the Chief of Police. The resident, the licensee and the owner of the devices, as listed on the license application, shall be notified, not less than ten (10) days in advance, by certified mail, of the day on which Council is to hear the complaint; and they may, if they so choose, be present during said hearing.
(h) Unless the licensee requests, in writing, that said hearing be held in executive session of Council, it shall be conducted during a public meeting that shall be held not later than thirty (30) days after said notice for a review and consideration hearing is received by the Fiscal Officer. At said hearing, the licensee shall have the right to be represented by counsel, and shall have the right to present evidence and examine and cross-examine witnesses. Council shall issue its findings and decision, in writing, no later than seven (7) days subsequent to said hearing. In the event of a decision and ruling adverse to the licensee, the licensee shall have the right to appeal such decision and ruling to a court of competent jurisdiction under authority of and pursuant to the provisions of Ohio R.C. Chapter 2506.
(Ord. 2004-078. Passed 8-10-04.)