(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.)