(a) Applications for Licenses. All applications for licenses under this Chapter shall be in writing on a form approved by and filed with the Safety Service Director. The application shall be signed by the owner or owners and shall contain information required by this section supplied in detail as to each such person, including general and limited partners, or partnerships, shareholders of corporations and principals of any other type of business entity. All applications shall contain a statement that the information contained therein is complete, accurate and truthful to the best knowledge of all applicants, and such statement shall be signed before a notary public of the State of Ohio. Every owner and operator of the sweepstake terminal café shall be fingerprinted by the City of Fostoria Police Division and said persons shall pay for the costs associated with obtaining said fingerprints.
(b) Contents of Applications. The application shall contain the following information as to all owners:
(1) True name and all names used in the past five years;
(2) Date of birth;
(3) Permanent home address and all home address used in the past five years;
(4) Business and home telephone numbers;
(5) Employment history for the past five years;
(6) A statement as to whether or not the owner has been convicted of any felony and, if so, the date and place of conviction, the nature of the offense and the penalty imposed;
(7) A statement as to whether or not the owner has ever operated a sweepstake terminal café and, if so, when, where and for how long.
(8) A description of the nature and operation of the main type of business activity to be conducted upon the premises;
(9) A description of the nature and operation of any business to be conducted in conjunction with the sweepstake terminal café;
(10) The address and telephone number of the premises and of the business, if different from that of the premises;
(11) The name under which the business and premises will be operated;
(12) A statement as to whether or not the owner will directly operate the sweepstake terminal café, or whether or not an operator who is not an owner will operate it, and if the latter, the application shall contain information required by this section supplied in detail as to each such operator;
(13) The name, and address and telephone number of the agent of the business upon whom service of process can effectively and validly be made;
(14) The name and address of the manufacturer of each computerized sweepstake device requested to be licensed;
(15) A description as to the nature and type of property or services which will be sold or supplied upon the premises;
(16) A copy of the title or lease to the premises;
(17) A copy of the Articles of Incorporation, if the owner is a corporation;
(18) A copy of the Operating Agreement, if the owner is a limited liability corporation;
(19) A copy of the Partnership Agreement, if the owner is a partnership;
(20) Federal tax identification number for the Operator.
(c) Reports of City Officials. Upon receipt of an application for a license under this Chapter, the Safety Service Director shall request the following reports, which shall be rendered to him/her within thirty days of the date of filing of the application. Should no information be received by the Safety Service Director within thirty days, no negative action should be taken by the Safety Service Director.
(1) A written report from the Police Chief shall be submitted to the Safety Service Director specifying, with regard to all owners and operators, any convictions for any felony.
(d) Determination Process:
(1) Safety Service Director. Each application for a license under this Chapter shall be considered by the Safety Service Director, who shall, within ten days after receiving the written reports, either issue such license or deny issuance of such license.
(2) Appeal to Board. In the event of the denial of issuance of such a license, the applicant shall be notified of such denial and the specific reasons, therefore in writing. Such notice shall be mailed or personally delivered to the applicant at the address specified in the application. The applicant shall have ten days after the mailing or personal delivery of such notice within which to appeal such denial, by filing a written notice of appeal with the Board of Internet Café Gaming Appeals ("Board".) The Board shall consist of the Director of Law as Chairman, the Clerk of City Council as Secretary, and the President of Council. The Board shall fix a time and place for hearing such appeal, and shall give a minimum of ten days notice in writing of the date and place of the hearing to such applicant at the address specified in the application. The appeal shall be heard by the Board, which shall have the power after such hearing to confirm the denial, order the license to be issued, or, at its discretion, to issue a conditional or probationary license. In rendering its decision, the Board may, for good cause shown, modify or waive any of the provisions of this Chapter in the interest of justice.
(3) Appeal to Court. The decision of the Board may within thirty days thereof, be appealed to a court of competent jurisdiction under Ohio R.C. Chapters 2505 and 2506.
(e) License Renewal. Each computerized sweepstake device license and sweepstake terminal café license must be renewed annually. At the time of renewal, a statement shall be filed with the Safety Service Director that the information listed on the original application for the license is still complete, accurate and truthful to the best knowledge of all applicants, or a statement shall be filed with the Safety Service Director listing each and every item of information which has changed since the original application. Such statement shall be signed by all owners, and shall be notarized.
(Ord. 2012-69. Passed 12-18-12.)