(a) Application for License. All applications for licenses under this chapter shall be in writing on a form approved by and filed with the Building Commissioner. 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 of partnerships, shareholders of corporations, and principals of any other type of business entity. In the event that no person owns twenty-five percent (25%) or more of the amusement device business, such application shall be signed by an authorized representative of the amusement device business.
All applications shall contain a statement that the information contained therein is complete, accurate and truthful to the best knowledge of all applicants.
(b) Contents of Application. The application shall specify whether it is for an accessory amusement area license, and accompanying amusement device licenses, or for an arcade amusement center license, and accompanying amusement device licenses, and shall contain the following information as to all owners:
(l) 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 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) Whether the owner has ever conducted an amusement device business and, if so, when, where and for how long.
(8) Nature and description of operation of main type of business activity to be conducted upon the premises.
(9) Nature and description of operation of any business to be conducted in conjunction with the amusement device business and the anticipated percentage of gross revenue to be derived from each respective business.
(10) Address and telephone number of the premises and of the business, if different than that of the premises.
(11) Name under which the business and premises shall be operated.
(12) A statement as to whether the owner shall directly operate the amusement device business, or whether an operator who is not an owner shall operate it, and if the latter, the application shall contain information required by this section supplied in detail as to each such operator.
(13) A floor plan of the premises and immediate vicinity drawn to scale, showing the square footage and placement of amusement devices, exits, windows, storage spaces, bicycle storage racks and off-street parking.
(14) A map showing all schools, playgrounds, parks or other arcade amusement centers within a radius of 1,000 feet of the premises and all churches within a radius of 500 feet of the premises.
(15) Name, address and telephone number of agent of 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 amusement device requested to be licensed.
(17) The name and address of the owner, distributor and manufacturer of each amusement device requested to be licensed.
(18) Specification of terms of agreement governing the acquisition and installation of each amusement device requested to be licensed.
(19) A description as to the nature and type of property or services which shall be sold or supplied upon the premises.
(20) Copy of title or lease to the premises.
(21) Copy of Articles of Incorporation, if owner is a corporation.
(22) Specification of the days of the week and the hours of the day during which the licensed activity shall be conducted.
(23) Any other information which the Building Commissioner 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 Building Commissioner shall determine whether all building and zoning laws have been satisfied, and shall request the following reports, which shall be rendered to them within thirty days of the date of filing of the application:
(1) A written report from the Chief of Fire as to whether the premises and amusement devices thereon shall create a fire hazard.
(2) A written report from the Chief of Police specifying with regard to all owners and operators any convictions for any felony or of a 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.
(d) Determination Process.
(1) Building Commissioner. All applications for licenses under this chapter shall be considered by the Building' Commissioner who shall within ten days after receiving the written reports either issue such license or deny issuance of such license.
(2) Appeal to Board. In the event of the denial of issuance of such license, the applicant shall be notified of such denial and the specific reasons therefor in writing. Such notice shall be mailed or delivered to the applicant at the address specified in the application. The applicant shall have ten days after receipt of such notice within which to appeal such denial, by filing a written notice of appeal with the Mayor. Thereupon, the applicant shall have not less than ten days' notice of the date and place of the hearing. 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 thereof, be appealed to a court of competent jurisdiction under Ohio R. C. Chapter 2506.
(e) License Renewal. Each amusement device license and amusement device business license must be renewed annually. At time of renewal, a statement shall be filed with the Building Commissioner that the information listed on the original application for license is still complete, accurate and truthful to the best knowledge of all applicants, or a statement shall be filed with the Building Commissioner listing each and every item of information which has changed since the original application. Such statement shall be signed by the same persons who signed the original application. The Building Commissioner may determine to accept such statement and issue the license requested, or he may determine to enforce the procedure required for an original license.
(Ord. 98-82. Passed 12-20-
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82.)