756.03 LICENSE APPLICATION AND REQUIREMENTS.

   (a)    No operator shall operate or conduct a sweepstakes/internet cafe without first obtaining a license from the Director of Finance or their designee. Every operator shall make an application in writing to the Director of Finance or their designee, which application shall set forth the following:

      (1)    The legal name under which the business is to be conducted;

      (2)    The location where the business is to be conducted, with a description of the premises, including a scaled diagram;

      (3)    The name, address, and date of birth of all managers, supervisors, and other employees;

      (4)    The name, address, and date of birth (if applicable) of the owner(s) of the computerized sweepstakes devices; and

      (5)    The name, address, date of birth, and principal occupation of every person with an interest in the sweepstakes/internet cafe. The following persons are deemed to have an interest in the sweepstakes/internet cafe:

         A.    In a sole proprietorship, each individual owner(s).

         B.    In firm or partnership, each member of the firm or partnership.

         C.    In a corporation, each director, officer and shareholder owning more than twenty-five percent (25%) of the outstanding shares.

      (6)    The name, description, model number and serial number of each computerized sweepstakes device on the premises and any other device on the premises that is necessary to the operation of the computerized sweepstakes device.

      (7)    A list of each separate thing of value that may be given out, with an estimated cash value, and each separate cash amount that may be given out, and the odds of winning the same for the participation in any game, activity, program, scheme or play, use or participation in any way in a computerized sweepstakes device or participating in any other activity or promotion in the sweepstakes/internet cafe, whether or not the determination of the giving of the thing of value or the delivery of the thing of value occurs totally within the confines of the sweepstakes/internet café premises or requires some event, occurrence or happening at another location.

      (8)    The name and address of any and all persons, businesses or organizations that provide games, computer software, equipment, or services or operate devices linked to the computerized sweepstakes devices or to devices necessary to operate the devices, whether any such devices are sold, leased or licensed.

      (9)    The tax account number of the business from the City of Hamilton Income Tax Division.

   (b)    No person, organization or entity shall make a false or incorrect statement in an application for a license. The operator shall have a continuing duty to inform the Director of Finance or their designee as to changes in the information required in this section. No operator shall operate or conduct a sweepstakes/internet cafe at any time unless the information on file with the Director of Finance or their designee is current and accurate.

   (c)    If an application is not approved, the City shall notify the applicant in writing with reason(s) for rejection.

   (d)    The Director of Finance or their designee shall not issue a license to any person, organization or entity if any of the persons with an interest in the business or if any of the employees of the business have been convicted of a violation of a federal, state, or local law pertaining to gambling or other crimes of moral turpitude within five years preceding the application. All owners, employees and persons having an interest in the sweepstakes/internet cafe, as set forth in Section 756.03(a)(5), shall, at the applicant's expense, present a certified copy of his/her criminal record and that of each employee from each court of record in Butler County, Ohio and if the applicant, person having an interest in the sweepstakes/internet cafe, or an employee does not reside in Butler County, Ohio, a certified copy of his/her criminal record from each court of record in the county in which he/she resides in addition to the records of Butler County. The Director of Finance shall refuse to issue or renew the license until this information is received.

   (e)    As a prerequisite to the issuance of such license, an inspection shall be made of the premises by the City and the premises must be in compliance with all applicable fire regulations. The sweepstakes/internet cafe shall be open to inspection and viewing of operations by law enforcement officers, the City Manager or his designee, and by Division of Fire personnel at all times of operation. No operator shall fail to immediately permit entry to any such City officials.

   (f)    Failure of any operator to pay a license fee or a device fee for a computerized sweepstakes device, as set forth in Section 756.05, shall be grounds for suspension or revocation of the license for the establishment. Any computerized sweepstakes devices being operated without a valid license for the premises may be seized and forfeited to the City.

(Ord. 2011-12-119. Passed 12-21-11.)