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It is the intent of the Council in enacting this Ordinance to insure the quality of life and economic vitality of the City of Loveland; enforce income tax regulations, prevent safety and fire hazards; disturbances, disruption of traffic, disorderly assemblies, and gambling within the City; to establish standards for licensing, regulation and control of Computerized Internet Sweepstake Terminal Cafés and premises upon which they are located and operated.
(Ord. 2011-86. Passed 10-25-11.)
As used in this Chapter:
(a) "Computerized Internet Sweepstake Device" means any computer, machine, or apparatus which, is capable of connection to the internet, regardless of whether such connection is utilized, through a wireless router telephone line, digital subscriber line, satellite, cellular telephone, cable connection or any other method, which is engaged or accessed upon the insertion of a coin, token, or similar object, or the sliding of a magnetic card or entry of a code, or similar process, or upon payment of anything of value, either directly or indirectly, and which may be operated by the public generally for use as entertainment, amusement or a contest of skill, whether or not generally for use as a contest of skill, entertainment of amusement, whether or not registering a score and which when so utilized produces, announces, reveals or discloses the eligibility, award or payment of a cash prize redeemable on or at the Computerized Sweepstake Terminal Café, whether or not said prize was in fact announced, revealed or disclosed through the usage of the Computerized Sweepstake Device. Computerized Sweepstake Device does not include machines designated for use by the State Lottery Commission.
(b) "Computerized Internet Sweepstake Terminal Café" means any premises upon which there are situated Computerized Internet Sweepstake Devices that are available for the use or entertainment of the public within such premises, whether or not such premises has any other business purpose.
(c) "Chief of Police" means the Police Chief of the City of Loveland or the Police Chief's designee.
(d) "City Manager" means the City Manager of the City of Loveland or the City Manager's designee.
(e) "Operator" means the person or persons having authority to control the premises of a Computerized Sweepstake Terminal Café.
(f) "Permit holder" means the person or persons who sign an application for Permit and Licenses hereunder and to whom such Permit and Licenses are issued.
(g) "Owner" means any person who possesses any interest, either directly or indirectly, in a Computerized Sweepstake Terminal Café.
(h) "Applicant" means the person or persons who sign an application for a Permit hereunder.
(i) "Person" means any natural person, firm partnership, association, corporation or any other form of business organization.
(j) "Premises" means the building or any portion thereof used for conducting the operation of a Computerized Internet Sweepstake Terminal Café.
(k) "Zoning Administrator" means the Zoning Administrator of the City of Loveland, as established in the Zoning Code, or the Zoning Administrator's designee.
(Ord. 2011-86. Passed 10-25-11.)
No person shall conduct or operate a Computerized Internet Sweepstake Terminal Café in the City without having first obtained a Computerized Internet Sweepstake Terminal Cafe Permit as provided in this Chapter.
(Ord. 2011-86. Passed 10-25-11.)
A Computerized Internet Sweepstake Terminal Café Permit shall be required for each premise occupied by a Computerized Internet Sweepstake Terminal Café and one Computerized Internet Sweepstake Device License shall be required for each individual Computerized Internet Sweepstake Device located in the premises of a Computerized Internet Sweepstake Terminal Café.
(Ord. 2011-86. Passed 10-25-11.)
Authority is hereby established and vested in the City Manager to consider any application for a Computerized Internet Sweepstake Terminal Café Permit under this Chapter as submitted by the Zoning Administrator, to conduct investigations therefore and thereon and issue or deny issuance of any such Permit based upon the criteria set forth in this Chapter.
(Ord. 2011-86. Passed 10-25-11.)
(a) Each Computerized Internet Sweepstake Terminal Café Permit shall be required to be displayed permanently in a conspicuous place upon the premises for which it is issued. Each Computerized Internet Sweepstake Terminal Café Permit shall be issued for only one business at only one premise.
(b) A Computerized Internet Sweepstake Device Permit shall become invalid if the Computerized Internet Sweepstake Device is replaced or moved to another location not specifically stated on the Permit.
(c) Any Permit issued under this Chapter shall be valid for a period of one year from and after the date of issuance unless suspended or revoked as provided in this Chapter. Each Permit shall vest a personal privilege but not any property rights in the Permit Holder. No Permit shall be assignable or transferable, either as to person or location.
(Ord. 2011-86. Passed 10-25-11.)
(a) Applications for Computerized Internet Sweepstake Terminal Cafe Permits and Computerized Internet Sweepstake Device Licenses. All applications for a Computerized Internet Sweepstake Terminal Cafe Permits and Licenses under this Chapter shall be in writing on a form approved by and filed with the Zoning Administrator. The application shall be sworn to under oath 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 or members of any other type of business entity or organization. All applications shall contain a statement that the information contained therein is complete, accurate and truthful. Every owner and operator of the Computerized Internet Sweepstake Terminal Café, shall at their sole cost and expense, be fingerprinted by the City of Loveland or an approved agency.
(b) Contents of Applications. The application for a Computerized Internet Sweepstake Terminal Café Permit and associated Licenses shall contain the following information as to all Owners:
(1) True name and all names used by owner(s) 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 felony or for any misdemeanor involving the operation of a business or involving gambling activity, minors or any crime involving moral turpitude 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 Computerized Sweepstake Terminal Café or similar business 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) The address and telephone number of the premises and of the business, if different from that of the premises;
(10) The name under which the business and premises will be operated;
(11) A statement as to whether or not the owner will directly operate the Computerized Internet Sweepstake Terminal Café, 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;
(12) A floor plan of the premises and the immediate vicinity drawn to scale, showing the square footage and placement of the computerized Sweepstake devices, exits, windows, storage spaces, and off-street parking;
(13) The name, and address and telephone number of the agent of the business upon whom service of process can effectively and validly be made;
(14) Specification of the days of the week and the hours of the day during which the licensed activity will be conducted;
(15) A list of all Computerized Internet Sweepstake Devices to be used at the Computerized Internet Sweepstake Terminal Café, specifying the manufacturer, model number and serial number of the Computer Internet Sweepstake Device for which it was issued;
(16) Supporting documentation from a Certified Independent Regulatory Compliance Test Laboratory that the software that will be used by the Computerized Internet Sweepstake Device performs in similar fashion as other Permitted Sweepstake commercially offered to the public and that the entries are drawn from a pre-created finite static pool of entries with assigned values. To be certified the Independent Regulatory Compliance Testing Laboratory must be authorized to test regulated gaming equipment by at least one state government gaming regulatory agency;
(17) A Computerized Internet Sweepstake Device License as specified by the then-current Revenue Ordinance for each separate Computerized Internet Sweepstake Device to be operated in the facility; and
(c) Reports of City Officials. Upon receipt of an application for a Computerized Internet Sweepstake Terminal Café Permit and Licenses under this Chapter, the Zoning Administrator shall submit to the City Manager the following reports, which shall be delivered to the Zoning Administrator within thirty (30) days of the date of filing of the application:
(1) A written report from the Fire Chief as to whether the premises and Computerized Internet Sweepstake Devices thereon will create a fire hazard;
(2) A written report from the police department specifying, with regard to all owners and operators, any convictions for any felony or for any misdemeanor involving the operation of a business or involving gambling activity, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude;
(3) A written report from the Zoning Administrator as to whether all applicable building laws have been satisfied.
(4) A written report from the Zoning Administrator as to whether all applicable zoning laws have been satisfied.
(d) Determination Process.
(1) All applications for Permits and Licenses and supporting documentation required under this Chapter shall be submitted to the City Manager by the Zoning Administrator upon receipt and shall be considered by the City Manager when all such reports and documentation have been provided; who shall either issue such Permits and Licenses or deny issuance of such Permits and Licenses via the Zoning Administrator. Unless a longer time is agreed upon by the Applicant and Zoning Administrator, all decisions by the City Manager shall be issued within 40 days of submittal of an Application.
(2) In the event of the denial of issuance of Permits and Licenses, 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 by certified U.S. mail, return receipt requested. 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 City Manager. Thereupon, the City Manager shall set a date and time for a hearing upon the appeal which date shall be no later than 30 days from the date of receipt by the City Manager of the written notice of appeal. Notice of hearing shall be sent to the Applicant not later than ten days prior to the date of hearing, by certified U.S. mail, return receipt requested. The appeal shall be heard by the City Manager, who shall within 14 days after such hearing confirm the denial, order the Permit and License to be issued or, at the City Manager's discretion, to issue a conditional or probationary License. The Applicant may present evidence, provide witnesses and testimony, cross exam witnesses and may be represented by legal counsel. If such appeal is denied, Applicant shall have the right to file an appeal with the Court of Common Pleas, Clermont County, Ohio within 30 days of being so notified.
(e) Permit and License Renewal. Each Computerized Internet Sweepstake Terminal Café Permit and each Computerized Internet Sweepstake Device License may be renewed annually. At the time of renewal, a statement shall be filed with the Zoning Administrator that the information listed on the original application for the Permit and License is still complete, accurate and truthful to the best knowledge of all applicants. Such statement shall be signed by the same persons who signed the original application. In the event of a change since the original application, a statement shall be filed with the Zoning Administrator listing each and every item of information which has changed since the original application which renewal Permit and License information shall be upon completion transmitted to the City Manager. The City Manager may determine to accept such statement and issue the renewal Permit and Licenses requested, or, in the event of a material change, may require updated information in which case the provisions associate with obtaining an original Permit and Licenses shall be followed. Once approved, an annual Permit renewal fee shall not be necessary, but each Computerized Internet Sweepstake Device shall have an annual License fee as set by the then-current Revenue Ordinance. In the event the City Manager does not accept such changes to the original application, the City Manager shall provide applicant with a written statement as to the reasons such changes were not accepted within 14 days after reviewing such information, and Applicant shall then have the right to appeal as set forth in Section 745.07
(d)(2).
(f) Expiration. Any Computerized Internet Sweepstake Terminal Café Permit issued under this Chapter shall expire upon the transfer or sale of a majority interest in the business, sale of substantially all the Assets of the business, or the discontinuation of the business for a continuous period of thirty days.
(g) Changes. Applicants for any Computerized Internet Sweepstake Terminal Café Permit or License issued under this Chapter shall have a continuing duty to promptly supplement application information required by this Chapter in the event that said information changes in any material way from what is stated on the application, including all information pertaining to Operators. This requirement applies even after a Permit or Licenses has been issued. The failure to comply with said continuing duty within twenty days from the date of such change, by supplementing the application on file with the City, shall be grounds for suspension of a Permit and Licenses. (Ord. 2011-86. Passed 10-25-11.)
(a) A Computerized Internet Sweepstake Terminal Café Permit and/or a Computerized Internet Sweepstake License or Licenses shall not be issued or renewed for any business:
(1) Where any of the owners or the operators have been convicted within the last five years of any felony or for any misdemeanor involving the operation of a business or involving gambling activity, minors or any crime involving moral turpitude;
(2) Where the premises do not provide a minimum of one (1) off-street parking space for every two (2) computerized internet sweepstake devices;
(3) Where it is determined that the premises or operation therein would be in violation of any provision of the Building Code, the Planning and Zoning Code or the Fire Prevention Code of the City or any other pertinent provisions of local, state or federal law;
(4) Where the applicant made a false statement as to a material matter upon the application or in a hearing concerning the License;
(5) Where the application failed to provide all of the required information; or
(6) Where there is not compliance with all terms and conditions under this Chapter and all other applicable ordinances and statutes.
(Ord. 2011-86. Passed 10-25-11.)
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