753.08 PROCEDURE FOR OBTAINING LICENSES.
   (a)    Applications for Licenses. All applications for licenses under this chapter shall be in writing on a form approved by and filed with the Safety Director. The application shall be signed by the owner or owners and shall contain information required by this section supplied in detail as to each such person, including general and limited partners, or partnerships, shareholders of corporations and principals of any other type of business entity. In the event that no person owns twenty-five percent or more of the entertainment device arcade, such application shall be signed by an authorized representative. All applications shall contain a statement that the information contained therein is complete, accurate and truthful to the best knowledge of all applicants. Every owner and operator of the entertainment device or arcades therefore, as a condition precedent, shall be required to consent to confidential criminal background investigation, including fingerprint identification by the City of Hubbard Police Department and said persons shall pay for the costs associated with obtaining said fingerprints.
   (b)    Contents of Applications. The application shall contain the following information as to all owners:
      (1)   True name and all names used in the past five years;
      (2)    Date of birth;
      (3)   Permanent home address and all home addresses used in the past five years;
      (4)   Business and home telephone numbers;
      (5)   Employment history for the past five years;
      (6)   A statement as to whether or not the owner has been convicted of any crime other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the penalty imposed;
      (7)    A statement as to whether or not the owner has ever conducted a game room, entertainment or sweepstakes terminal arcade and, if so, when, where and for how long;
      (8)    A description of the nature and operation of the main type of business activity to be conducted upon the premises;
      (9)   A description of the nature and operation of any business to be conducted in conjunction with the entertainment device arcade, and the anticipated percentage of gross revenue to be derived from each respective business;
      (10)    The address and telephone number of the premises and of the business, if different from that of the premises;
      (11)    The name under which the business and premises will be operated;
      (12)    A statement as to whether or not the owner will directly operate the entertainment device arcade, or whether or not an operator who is not an owner will operate it, and if the latter, the application shall contain information required by this section supplied in detail as to each such operator.
      (13)   Building and utility drawings of the premises meeting all requirements of the City of Hubbard Building and Zoning codes including floor plans of the premises showing devices, equipment and computers, internet distribution routing and the immediate vicinity drawn to scale (24 x 36) showing the square footage and placement of the entertainment devices, exits, windows, storage spaces, bicycle storage racks and off-street parking.
      (14)   A map showing all public or private school, playground, park, library, place of worship, public building, or residentially zoned property within a radius of 500 feet of the premises and any entertainment device arcade
         closer than 1,000 feet of the premises.
      (15)   The name, and address and telephone number of the agent of the business upon whom service of process can effectively and validly be made;
      (16)   The number, type, name, model and manufacturer's serial number of each entertainment device requested to be licensed;
      (17)   The name and address of the owner, distributor and manufacturer of each entertainment device requested to be licensed;
      (18)   Specification of terms of agreement governing the acquisition and installation of each entertainment device requested to be licensed;
      (19)   A description as to the nature and type of property or services which will be sold or supplied upon the premises;
      (20)   A copy of the title or lease to the premises;
      (21)    A copy of the Articles of Incorporation, if the owner is a corporation;
      (22)   A copy of the Operating Agreement, if the owner is a limited liability corporation;
      (23)   A copy of the Partnership Agreement, if the owner is a partnership;
      (24)   Specification of the days of the week and the hours of the day during which the licensed activity will be conducted;
      (25)   A copy of employer identification number, business registration form and other evidence that the owner is in full compliance with Regional Income Tax Agency for corporate and/or payroll tax collections;
      (26)   Consent of applicant and owner, together with release forms, enabling the City of Hubbard and City Police Department to conduct criminal background investigation;
      (27)   Confirmation that real property tax collections are current, not delinquent, or are otherwise subject to payment plan in accordance with law, and subject to verification in conjunction with building and/or occupancy permits;
      (28)   Certificate of Insurance for general and premises liability in an amount not less than one million dollars ($1,000,000); and
      (29)   Any other information which the Safety Director may deem reasonably
         necessary for the full interest of the public in the application.
   (c)    Reports of City Officials. Upon receipt of an application for a license under this chapter, the Safety Director shall request the following reports, which shall be rendered to him with copies to the applicant within thirty (30) days of the date of filing of the application.
      (1)   A written report from the Chairman of the Fire District shall be submitted to the Safety Director as to whether the premises and computerized sweepstakes devices thereon will create a fire hazard; and
      (2)   A written report from the Police Chief shall be submitted to the Safety Director specifying, with regard to all owners and operators, any convictions for any felony or for any misdemeanor involving the operation of an amusement device business or involving physical violence, gambling activity, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude.
      (3)   A written report from the City Engineer shall be submitted to the Safety Director as to whether all building codes have been satisfied. The report shall include a formal accredited plans review report verifying proper code compliance of the facility and operations, including any building or occupancy permits.
      (4)   A written report from the Director of Planning shall be submitted to the Safety Director as to whether all zoning regulations have been satisfied. The report shall include a description of the status of any conditional use permit application and clearly indicate whether final administrative approval has been issued.
   (d)    Determination Process.
      (1)   Safety Director. All applications for licenses under this chapter shall be considered by the Safety Director, who shall, within ten days after receiving the written reports, either issue such licenses or deny issuance of such licenses. In the event that zoning or building permits or final approvals remain pending, the Safety Director may issue license conditioned upon said administrative determination. No license shall be issued nor entertainment device operated in violation of zoning and building code requirements.
      (2)   Appeal to Board. In the event of the denial of issuance of such a license,    the applicant shall be notified of such denial and the specific reasons therefore in writing. Such notice shall be mailed or delivered to the applicant at the address specified in the application. The applicant shall have thirty (30) days after issuance and delivery of such notice within which to appeal such denial, by filing a written notice of appeal with the Board of Zoning Appeals. Thereupon, the applicant shall have an opportunity to be heard in accordance with ordinances and rules governing matters before Board of Zoning Appeals. The appeal shall be heard by the Board of Zoning Appeals, which Board shall have the power after such hearing to confirm the denial, order the license to be issued, or, at its discretion, to issue a conditional or probationary license. In rendering its decision, the Board may, for good cause shown, modify or waive any of the provisions of this chapter in the interest of justice.
      (3)   Appeal to court. The decision of the Board may, within thirty days hereof, be appealed to a court of competent jurisdiction under Ohio R.C. Chapter 506.
    (e)    License Renewal. Each entertainment device license and entertainment device
arcade license must be renewed annually. At the time of renewal, a statement shall be filed with the Safety Director that the information listed on the original application for the license is still complete, accurate and truthful to the best knowledge of all applicants, or a statement shall be filed with the Safety Director listing each and every item of information which has changed since the original application. Such renewal request and updated statement shall be signed by the owner, operator and license applicant, subject to the same process as the original application. The Safety Director shall refer or circulate the renewal request for review and comment by Police, Fire, Planning and Building prior to any determination by Safety Director to accept such statement and issue the renewal license. The renewal shall be governed by the standards and procedures for an original license, except as modified for renewal herein.
(Ord. 1-12. Passed 3-19-12.)