(a) No person, partnership, corporation, or other entity shall operate or conduct a sweepstakes/internet cafe without first obtaining a license from the City. Every person, partnership, corporation, organization or other entity shall make an application in writing to the City, which application shall set forth:
(1) The name under which the business is to be conducted;
(2) The location where the business is conducted, with a description of the premises, including a scaled diagram;
(3) The name, address, and date of birth of any manager or supervisor;
(4) The name, address, and date of birth of the owner or owners of the entertainment devices;
(5) The name, address, date of birth, and principal occupation of every person with an interest in the business;
If the business is conducted by:
A. A sole proprietorship: the name, home address, date of birth and principal occupation of the individual.
B. A firm or partnership: the names, home addresses, dates of birth, and principal occupations of each member of the firm or partnership.
C. A corporation: the names, home addresses, dates of birth and principal occupations of all directors, officers and shareholders 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 prize that may be given out and each separate dollar amount that may be given; and the odds of winning any offered prize or dollar amount awarded for the participation in any game, activity, program, scheme or play, use or participation in any way in a computerized sweepstakes device or participation 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 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 entertainment devices, whether any such provisions are sold, leased, or licensed.
(9) The tax account number of the business from the City of Heath Income Tax Division.
(10) Applicant shall provide a detailed narrative with supporting documents of how their sweepstakes functions, to include:
A. Company name, location and address of all companies involved in the sweepstakes and their role.
B. Rules of sweepstakes - odds involved in sweepstakes.
C. No purchase necessary provision.
D. Entries shall be drawn from a pre-created finite static pool of entries with assigned values.
E. Prior to granting applications and upon request of the city, applicant must demonstrate the operation of the sweepstakes to city officials or their designees.
(b) The person, partnership, corporation, or other entity operating or conducting the business shall have a continuing duty to inform the City as to changes in the information required in this section. No person, partnership, corporation, or other entity shall operate or conduct a sweepstakes/internet cafe at any time unless the information on file with the City is current and accurately reports the licensing information at the time of operation.
(c) If an application is not approved, the City shall notify the applicant in writing, with reasons for rejection.
(d) After the effective date of this chapter, for any business not already in operation within the city of Heath, the city shall not issue a license to any person, partnership, corporation, or other 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 or state statute, or of any local ordinance pertaining to gambling or other crime of moral turpitude within five years preceding the application. All owners, employees and persons having an interest in the business, as set forth in Section 782.03(a)(5), shall consent to a criminal history check by the Heath Police Department.
(e) As a prerequisite to the issuance of such license, an inspection shall be made of the premises by the Fire Department 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 and fire department personnel at all times of operation. No operator shall fail to immediately permit entry to any such City officials.
(f) Failure to register or pay a license fee for a computerized sweepstakes device shall be grounds for suspension or revocation of the license for the establishment and said device shall be seized and forfeited to the City.
(Ord. 63-2011. Passed 8-15-11.)
(Ord. 63-2011. Passed 8-15-11.)