(a) Creation of Commission. An Entertainment Device Arcade License Review Commission is hereby created to hear complaints concerning Entertainment Device Arcade licenses. The Commission shall consist of the Village Administrator or their designee, the President of the Village Council or their designee and one additional member of Village Council that is appointed by the Mayor.
(b) Revocation or Suspension of License. A license may be suspended or revoked at any time by the Commission on satisfactory proof that violation of the laws of the State of Ohio, the Codified Ordinances of the Village or this Chapter occurs at an Entertainment Device Arcade. In addition to any license suspension, the Commission may assess the licensee a penalty fee of not less than $500.00 or more than $1,000.00 for any violation of this Chapter. Each day a continuing violation exists shall constitute a separate violation for purpose of assessing penalty fees. Suspensions, revocations and assessments of penalty fees by the Commission is in addition to and separate from any criminal liability and does not preclude criminal prosecution for any violation of this chapter or other County, State of Ohio or federal laws. Penalty fees shall be disposed of in the same manner as license fees as set forth in Section 725.04
(c).
(c) Submission of Complaint; Regular Inspection. Any resident or employee of the Village may submit a written notice of complaint to the Administrator or his designee concerning any Entertainment Device Arcade located within the Village. The notice of complaint will include the name, phone number and address of the resident, the address of the location, the device number, if applicable, and the specific reasons why the resident is complaining. The Administrator or his designee and/or the Village Police Department shall regularly inspect the premises, the operation, the Entertainment Devices and the licensee's records and may issue a notice of complaint to the licensee for any violations.
(d) Interview of Complainant. The Administrator or his designee shall interview the complainant and inquire as to the specific reasons for the complaint. The Administrator or his
designee may dismiss the complaint if it is determined that:
(1) The specific reasons listed in the complaint are not proper grounds for suspension or revocation of the license; or
(2) There are not substantial credible facts to support the complaint by the Village resident.
(e) No Appeal from Dismissal of Complaint. No appeal shall lie from the decision of the Administrator or his designee to dismiss a complaint.
(f) Fact-finding Conference. If the complaint is not dismissed by the Administrator or his designee, the Office will then notify the licensee and the owner of the devices on the premises, as listed on the license application, that a complaint has been filed and will set a date for a fact-finding conference on the matter. Extensions will be granted and necessary investigations will be conducted at the discretion of the Administrator or his designee and the Office may request the assistance of the law enforcement agency to assist in the investigation. The Office and any assisting law enforcement agency officer shall have access to the Entertainment Device Arcade and the records of the licensee during all times that the Entertainment Devices are available for play.
(g) Resolution of Complaint. 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 Office will issue a written notice directing the licensee to comply with the agreed resolution of the complaint.
(h) Referral to the Commission. If the parties cannot agree upon an amicable solution to the problem, the Administrator or his designee will transmit the complaint, together with its recommendation thereon, to the Entertainment Device Arcade License Review Commission. The Office's recommendation may be for dismissal of the complaint, suspension of the license and assessment of penalty fees, or revocation of the license.
(i) Hearing. The Commission may accept, reject, or modify the recommendation of the Administrator or his designee. The resident, the licensee and the owner of the devices, as listed on the license application, shall be notified in advance by certified mail of the day on which the Commission is to consider the complaint; and they may, if they so choose, be present during consideration of the complaint. Consideration of the complaint before the Commission shall be a public hearing which shall be held within 30 days after said notice is given. The licensee shall have the right to be represented by counsel, and have the right to examine and cross-examine witnesses. The Commission shall enter its decision the day of 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 Chapter 2506 of the Ohio Revised Code.
(j) Other Enforcement Actions. The complaint process set forth in this section is separate and distinct from any law enforcement action taken to enforce the laws of the State of Ohio or the Codified Ordinances of the Village of Fairport Harbor and this Chapter, and is not a condition precedent or otherwise an impediment to enforcement of said laws by criminal prosecution.
(Ord. 2012-028. Passed 5-1-12.)