756.05 LICENSE FEE; TRANSFER AND DISPLAY.
(a) For the year 2012, the licensing requirements of this section shall take effect March 1, 2012. Therefore, the annual license fee, payable to the City at the time of application, shall be Five thousand dollars ($5,000.00) for each sweepstakes/internet location per year, commencing March 1 of 2012 and ending on December 31, 2012. The annual license fee shall be paid on or before March 1, 2012. In this first partial year an applicant applies for an initial license under this chapter where the license goes into effect after March 1, 2012, the five thousand dollar application fee shall be prorated on a per diem basis from the date the license goes into effect through December 31, 2012. In the event that an application is denied under this chapter, one-half of the license fee shall be returned to the applicant and the remainder shall be retained by the City as a nonrefundable application fee. In the event that a license is revoked or suspended hereunder, no portion of the license fee shall be returned. In the event the State of Ohio law explicitly pre-empts the City's authority to license under this chapter, the applicant shall be entitled upon request to a refund of the license fee which refund shall be prorated on a per diem basis from the effective date of the State of Ohio's pre-emption of the City's authority to license under this chapter through December 31 of that year. In the event that a sweepstakes/internet cafe is operating without first obtaining a license from the Director of Finance or their designee and fails to obtain a license before May 31, 2012, the licensee shall pay a late penalty of one thousand dollars ($1,000.00) in addition to the annual license fee. Any licensee who renews a license between the first day of March and the thirty-first day of December is not relieved from complying with this section. The Director of Finance may refuse to issue the license of any licensee who violates this section.
(b) Commencing January 1, 2013, and continuing thereafter, the annual license fee, payable to the City at the time of application and annually thereafter, shall be five thousand dollars ($5,000.00) for each sweepstakes/internet location per year, commencing on January 1 of each year and ending on December 31 of each year. The annual license fee shall be paid before January 1 of each year. In the event an applicant applies for an initial license under this chapter where the license goes into effect after January 1 of a given year, the five thousand dollar application fee shall be prorated on a per diem basis from the date the license goes into effect through December 31 of that year. In the event that an application is denied under this chapter, one-half of the license fee shall be returned to the applicant and the remainder shall be retained by the City as a nonrefundable application fee. In the event that a license is revoked or suspended hereunder, no portion of the license fee shall be returned. In the event the State of Ohio law explicitly pre-empts the City's authority to license under this chapter, the applicant shall be entitled upon request to a refund of the license fee which refund shall be prorated on a per diem basis from the effective date of the State of Ohio's pre-emption of the City's authority to license under this chapter through December 31 of that year.
(c) For the year 2012, the provisions of this section shall take effect March 1, 2012. Therefore, in addition to the annual license fee, each computerized sweepstakes device shall be registered with the City and subject to a device fee of five hundred dollars ($500.00) for each device on the premises for the year. Device fees shall be paid initially upon preliminary approval of the license application and as a prerequisite to receiving the license by March 1, 2012 for this first partial year, ending on December 31, 2012. In this first partial year, in the event an applicant applies for an initial license under this chapter where the license goes into effect after March 1, 2012, the device fee for each device shall be prorated on a per diem basis from the date the license goes into effect through December 31, 2012. Device fees shall not be refundable, except that in the event the State of Ohio explicitly pre-empts the City's authority to impose the device fee of this subsection, the applicant upon request shall receive a refund of the device fee which refund shall be prorated on a per diem basis from the effective date of the State of Ohio's pre-emption of the City's authority to charge the device fee under this subsection through December 31 of that year. In the event that a sweepstakes/internet cafe is operating without first obtaining a license from the Director of Finance or their designee and fails to obtain a license before May 31, 2012, the licensee shall pay a late penalty of one hundred dollars ($100.00) in addition to the annual license fee. Any licensee who renews a license between the first day of March and the thirty-first day of December is not relieved from complying with this section. The Director of Finance may refuse to issue the license of any licensee who violates this section.
(d) Commencing January 1, 2013, and continuing thereafter, in addition to the annual license fee, each computerized sweepstakes device shall be registered with the City and subject to a device fee of five hundred dollars ($500.00) for each device on the premises for each year. Device fees shall be paid initially upon preliminary approval of the license application and as a prerequisite to receiving the license, and then annually before January 1 for each subsequent year ending on December 31 of each year. In the event an applicant applies for an initial license under this chapter where the license goes into effect after January 1 of a given year, the device fee for each device shall be prorated on a per diem basis from the date the license goes into effect through December 31 of that year. Device fees shall not be refundable, except that in the event the State of Ohio explicitly pre-empts the City's authority to impose the device fee of this subsection, the applicant upon request shall receive a refund of the device fee which refund shall be prorated on a per diem basis from the effective date of the State of Ohio's pre-emption of the City's authority to charge the device fee under this subsection through December 31 of that year.
(e) Effective January 1, 2013 any licensee who wishes to renew the sweepstakes/internet cafe's license but who fails to do so on or before the thirty-first day of January of each calendar year shall reapply for licensure in the same manner and pursuant to the same requirements as for initial licensures, unless the licensee, on or before the twenty-eighth day of February of the calendar year pays a late renewal penalty of one thousand dollars ($1,000.00) in addition to the annual license fee.
(f) Effective January 1, 2013 any licensee who fails to renew the license on or before the twenty-eighth day of February of the calendar year is prohibited from acting as a sweepstakes/internet cafe until the license is renewed or a new license is issued under this section. Any licensee who renews a license between the first day of March and the thirty-first day of December is not relieved from complying with this section. The Director of Finance may refuse to issue to or renew the license of any licensee who violates this section.
(g) After the initial device fees are paid pursuant to subsection (b) of this section, the device fee shall be paid for each computerized sweepstakes device brought to the facility before the device is put into use. For purposes of determining device fees, each device that is operable by one or more persons is a separate device.
(h) Licenses issued under this chapter shall not be transferable to any other person, partnership, corporation, or other entity and the business may be conducted only at the location for which the license is issued. The license must be so placed as to be made conspicuously visible and shall list each sweepstakes/internet device with serial number.
(i) Failure to register any computerized sweepstakes device before placement on the premises is an unclassified misdemeanor and the operators shall each be liable for a mandatory fine of one hundred fifty dollars ($150.00) for each day the device is not registered, and said fine shall not be reduced or suspended.
(j) The renewal procedure shall be the same as that for the original licensure.
(Ord. 2011-12-119. Passed 12-21-11.)