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The Purpose of this Chapter is to regulate internet sweepstakes cafes as defined by Section 761.02 of the Harrison Codified Ordinances through the application of uniform zoning and licensing requirements to promote the health, safety, morals and general welfare of the patrons of such establishments and of all citizens of the City, and to establish reasonable and uniform regulations for the operation of such establishments.
(Ord. 18-12. Passed 8-21-12.)
(a) "Anything of Value" means cash, cash equivalents, tangible objects, credits to play, and other tangibles or intangibles no matter how slight in order to use an entertainment device, is deemed to have given value for the access to the entertainment device.
(b) "Applicant" means the person or persons who sign an application for permit pursuant to this Chapter.
(c) "Chief of Police" means the Chief of Police of the City of Harrison or his designee.
(d) "Computerized Sweepstakes Device" means any computer, machine, or apparatus which is capable of connection to the internet, regardless of whether such connection is utilized, through a wireless router, telephone line, digital subscriber line, satellite, cellular telephone, cable connection or any other method, which is engaged or accessed upon the insertion of a coin, token, or similar object, or the sliding of a magnetic card or entry of a code, or similar process, or upon payment of anything of value, either directly or indirectly, and which may be operated by the public generally for use as entertainment, amusement or a contest of skill, whether or not generally for use as a contest of skill, entertainment or amusement, whether or not registering a score and which when so utilized produces, announces, reveals or discloses the eligibility, award or payment of a cash prize redeemable on or at the Computerized Internet Sweepstakes Café, or any other location or method, whether or not said prize was in fact announced, revealed or disclosed through the usage of the Computerized Sweepstakes Device. Computerized Sweepstakes Device does not include machines designated for use by the State Lottery Commission. This definition shall not apply to any Coin-Operated Amusement Devices governed by Chapter 711 of the Codified Ordinances.
(e) "Internet Sweepstakes Café" means any premises upon which there are situated one (1) or more Computerized Sweepstakes Devices that are available for the use or entertainment of the public within such premises, whether or not such premises have any other business purpose.
(f) "Operator" means the person or persons having authority to control the premises of an internet sweepstakes café.
(g) "Owner" means any person who possesses any interest, either directly or indirectly, in an internet sweepstakes café.
(h) "Permittee" means the person or persons to whom a permit is issued pursuant to this Chapter.
(i) "Premises" means the building and lot upon which the building is situated or any portion thereof used for conducting the operation of an internet sweepstakes café.
(Ord. 18-12. Passed 8-21-12.)
(a) No person shall operate a computerized sweepstakes device or establish and operate an internet sweepstakes café without having first obtained a permit in accordance with this Chapter. Operation of such a business without a permit is a misdemeanor of the first degree.
(b) The Chief of Police, or his or her designee, is responsible for granting, denying, revoking, renewing, suspending and canceling permits for proposed or existing internet sweepstakes cafes. To be approved, applications must comply with all requirements of this Chapter and the zoning and building codes of the City.
(c) Applications must be made on a form provided by the City. Applicants must provide an original and two copies of a sworn application which must contain the following information and documents:
(1) Name under which the internet sweepstakes café will be operated;
(2) Address of the Internet Sweepstakes Café which is the subject of the application;
(3) Names, home address, and date of birth of any managers, owners and employees of the internet sweepstakes café which is the subject of the application;
(4) If separately owned, the name address and date of birth of any owner or owners of a computerized sweepstakes device which is to be operated in the internet sweepstakes café that is the subject of the application;
(5) If the internet sweepstakes café which is the subject of the application is owned by:
A. A sole proprietorship: the name, address and date of birth of that individual.
B. A firm or partnership: the name address, and date of birth of each member of the firm or partnership.
C. A corporation: the names, home addresses, and dates of birth of all directors and officers of the corporation as well as any shareholder owning more than twenty-five percent of the outstanding shares.
(6) Name, description, model number and serial number of each computerized sweepstakes device to be located or operated on the premises and any other device on the premises necessary to the operation of the computerized sweepstakes device(s);
(7) List of all prizes that may be given out and the odds of winning each prize;
(8) Name and address of any person who sells, leases, or owns licenses in the games, software, equipment, or services related to the computerized sweepstakes devices or devices necessary to operate the computerized sweepstakes devices;
(9) Certification by the applicant that the proposed location of the internet sweepstakes café complies with the location requirements of this Chapter.
(d) The person, partnership, corporation or other entity operating the internet sweepstakes café shall have a continuing duty to inform the City as to changes in the information required by this Section. Failure to do so within thirty days of the date of a change in application information shall be grounds for permit suspension.
(e) If the Chief of Police learns that an applicant improperly completed the permit application, the Chief of Police shall promptly notify the applicant and allow ten days for correction.
(f) A permit fee of five thousand dollars ($5,000.00) is due at the time the applicant files an application under this Section. In the event that the application is denied, half of the fee will be returned.
(g) A license fee of five hundred dollars ($500.00) per computerized sweepstakes device which shall be operated on the premises shall be paid at the time the permit is granted. The fee applies to any computerized sweepstakes device which is operated on the premises subject to the permit for all or any part of the permit year. The fee shall be paid annually. No more than (5) computerized sweepstakes devices may be operated at any one internet sweepstakes café.
(h) By filing an application under this Section, the applicant shall be deemed to have consented to the provisions of this Chapter and to the investigation of the application by the Chief of Police and his designees. Such investigation shall include, but not be limited to, a criminal background check of all owner(s) and operator(s) listed on the application.
(i) An internet sweepstakes café permit may be renewed annually upon written application, subject to the payment of a non-refundable five thousand dollars ($5,000.00) annual renewal fee, and a finding that the permit holder is still in conformance with the permit requirements. This fee is in addition to the annual device fee set forth in Section 761.03(g).
(Ord. 18-12. Passed 8-21-12.)
(a) Upon receipt of a completed application the City shall send photocopies of the application to all City agencies responsible for the enforcement of health, fire, building and zoning codes and laws. Each agency shall investigate the application for compliance with its respective code and approve or disapprove the application within sixty days of the receipt of the application by the City. An agency shall disapprove an application if it finds that the business would be in violation of a specific provision of a statute, code, ordinance, regulation or other law in effect in the City and the reason(s) for disapproval must be stated.
(b) An application shall be disapproved if a criminal background check reveals that any owner, operator, permittee has been convicted of or pleaded guilty to any of the following:
(1) Any felony gambling offense under Ohio R.C. Chapter 2915; any felony theft offense under the Ohio R.C. Chapter 2913; any crime of violence as defined in the Ohio Revised Code; any violation of Ohio R.C. Chapter 2907 (Sex Offenses); or any violation of Ohio R.C. Chapter 2925 (Drug Offenses) that is not a minor possession offense.
(2) A violation of an existing or former law of this state, any political subdivision of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in subsection (b)(1) hereof.
(Ord. 18-12. Passed 8-21-12.)
(a) Denial or Granting of Application. An application shall be granted or denied within sixty days from the date of the City's receipt of a completed application except as provided under subsection (d) hereof.
(b) Grant of Application for Permit:
(1) An application shall be granted unless one of the criteria of subsection (c) hereof is met.
(2) The permit shall state on its face the name of the person or persons to whom it is granted and the address of the internet sweepstakes cafe and the permit expiration date. The permit shall be posted in a conspicuous place at or near the entrance to the internet sweepstakes cafe so it can be read at any time.
(c) Denial of Application for Permit. An application may be denied for any of the following reasons:
(1) An applicant is under eighteen years of age;
(2) An applicant is overdue on the payment of taxes, fees, fines, or penalties assessed by the City in relation to a permitted business.
(3) An applicant's permit to operate an internet sweepstakes café has been denied or revoked within the preceding twelve months.
(4) The premises to be used are not in compliance with City Health, Fire, and/or Building Codes as determined by the City agency responsible for determining such compliance.
(5) An applicant has failed to provide information as requested in the application or has supplied false information.
(6) The five thousand dollars ($5,000.00) application fee or renewal fee has not been paid.
(7) To grant the application would violate a statute, ordinance or court order.
(8) The applicant has a permit under this Chapter which has been suspended or revoked.
(9) Any owner, operator, or permittee fails to pass the criminal background check as set forth in Section 761.04.
(10) The business for which a permit is sought, or for which renewal of a permit is sought, has been declared a nuisance as defined the Codified Ordinances.
(d) Applicants shall be promptly notified of an application denial and the reasons for denial. (Ord. 18-12. Passed 8-21-12.)
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