791.06 REVOCATION; HEARING PROCEDURE.
   (a)    The license may be suspended or revoked at any time by the Village on satisfactory proof that violation of the laws of the State, ordinances of the Village, or of this Chapter occur on the premises. In addition to any license suspension, the Village may assess the licensee a penalty fee of not less than five hundred dollars ($500.00) nor more than one thousand five hundred dollars ($1,500.00) 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 are in addition to and separate from any criminal liability and do not preclude criminal prosecution for any violation of this chapter or other Village, state or federal laws.
   (b)    Any person may submit a written complaint to the Village in regard to any sweepstakes/internet cafe location, which shall include the name and address of the complainant, the location of the sweepstakes/internet cafe, and the specific reasons why the resident is complaining. The designated Village official or a designee from law enforcement shall regularly inspect the premises, the operation, the computerized sweepstakes devices and the licensee's records and may issue a complaint to the licensee for any violations.
   (c)    The City Manager, or his/her designee from law enforcement, shall meet with the complainant and inquire as to the specific reasons for the complaint. The complaint may be dismissed if it is determined that:
      (1)   The specific reasons listed in the complaint are not proper grounds for suspension or revocation of the license.
      (2)   There are no substantial credible facts to support the complaint by the resident.
   (d)    No appeal shall lie from the decision to dismiss a complaint.
   (e)    If the complaint is not dismissed, the City Manager, or his/her designee 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 field and will set a date for a conference on the matter. Extensions will be granted and necessary investigations will be conducted at the discretion of the City Manager who may request the assistance of any person in law enforcement to assist in the investigation. The Village and its designee and any law enforcement officer shall have access to the premises and the records of the licensee during all times that the computerized sweepstakes devices are available for play.
   (f)    At the time of the conference, the complainant, the licensee, the City Manager, or his/her designee and the owner of the devices will meet and attempt to amicably resolve the situation. If the complainant, licensee, City Manager, his/her designee, and the owner of the devices can reach an amicable solution, the Village will direct the licensee to comply with the solution in his notice of reconciliation.
   (g)    If the parties cannot agree upon an amicable solution to the problem, the City Manager shall notify the licensee of the City Manager's decision to dismiss the complaint, suspend the license and assess penalty fees or revoke the license.
   (h)    Any licensee who receives notification of a license suspension, penalty or revocation, may appeal file a Notice of Appeal with the Clerk within ten (10) days after notification of the City Manager's decision. Such appeal shall be heard by Council within thirty (30) days after said notice of appeal is filed, the complainant, the licensee and the owner of the devices as license application, shall be notified at least fifteen (15) days in advance of the hearing by certified mail; and they may, if they so choose, be present during consideration of the complaint. The licensee shall have the right to be represented by counsel, present witnesses and introduce evidence. Council shall enter its decision the day of the hearing unless additional time is needed. 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 the Ohio Revised Code Chapter 2506 and Council will prepare a Findings of Fact and Conclusions of Law to be adopted at the next meeting.
   (i)   The complaint process is separate and distinct from any law enforcement action taken to enforce the laws of the State or the Village and is not a condition precedent or otherwise an impediment to enforcement of said laws.by criminal prosecution.
(Ord. 28-12. Passed 1-16-13.)