(a) The license may be suspended or revoked at any time by the City on satisfactory proof that violation of the laws of the state, ordinances of the City, or of this Chapter occur on the premises. In addition to any license suspension, the City may assess the license a penalty fee of not less than five hundred dollars ($500.00) nor more than one thousand five hundred dollars ($1,500.00) for any violation of this article. Each day a continuing violation exists shall constitute a separate violation for purpose of assessing penalty fees. Suspensions, revocations and assessments of penalty fees is in addition to and separate from any criminal liability and does not preclude criminal prosecution for any violation of this article or other village, state or federal laws.
(b) Any person may submit a written complaint to the City in regard to any sweepstakes/internet cafe location, which shall include the name and address of the complainant, the location of the sweepstakes/internet cafe, and the specific reasons why the resident is complaining. The designated City official or a designee from law enforcement shall regularly inspect the premises, the operation, the computerized sweepstakes devices and the licensee's records and may issue a complaint to the licensee for any violations.
(c) The Mayor, or his/her designee from law enforcement, shall meet with the complainant and inquire as to the specific reasons for the complaint. The complaint may be dismissed if it is determined that:
(1) The specific reasons listed in the complaint are not proper grounds for suspension or revocation of the license.
(2) There are not substantial credible facts to support the complaint by the resident.
(d) No appeal shall lie from the decision to dismiss a complaint.
(e) If the complaint is not dismissed, the Mayor, or his/her designee, will then notify the licensee and the owner of the devices on the premises, as listed on the license application, that a complaint has been filed and will set a date for a conference on the matter. Extensions will be granted and necessary investigations will be conducted at the discretion of the Mayor who may request the assistance of any person in law enforcement to assist in the investigation. The City and its designee and any law enforcement officer shall have access to the premises and the records of the licensee during all times that the computerized sweepstakes devices are available for play.
(f) At the time of the conference, the complainant, the licensee, the Mayor, or his/her designee, and the owner of the devices will meet and attempt to amicably resolve the situation. If the complainant, licensee, Mayor, or his/her designee, and the owner of the devices can reach an amicable solution, the City will direct the licensee to comply with the solution in his notice of reconciliation.
(g) If the parties cannot agree upon an amicable solution to the problem, the complaint shall be transmitted to an independent member of the local bar association for consideration. The hearing officer shall be selected by the Law Director and the applicant, or applicants counsel. If both parties are unable to agree, the decision of the Law Director shall be final. The recommendation of the hearing officer may be for dismissal of the complaint, suspension of the license and assessment of penalty fees, or revocation of the license.
(h) Consideration of the complaint shall be a public hearing which shall be held within thirty days after said notice is given. The complainant, the license and the owner of the devices, as listed on the license application, shall be notified at least fifteen (15) days in advance of the hearing by certified mail; and they may, if they so choose, be present during consideration of the complaint. The licensee shall have the right to be represented by counsel, and have the right to examine and cross-examine witnesses and introduce evidence. The hearing officer shall enter its decision the day of the hearing unless additional time is needed. In the event of a decision and ruling adverse to the license, the licensee shall have the right to appeal such decision and ruling to a court of competent jurisdiction under authority of and pursuant to the provisions of Ohio R.C. Chapter 2506.
(i) This complaint process is separate and distinct from any law enforcement action taken to enforce the laws of the State or the City and is not a condition precedent or otherwise an impediment to enforcement of said laws by criminal prosecution.
(Ord. 63-2011. Passed 8-15-11.)