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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.)
(a) In addition to any other condition or regulation contained in this Chapter or in state statutes, the following conditions and regulations shall be applicable to and shall govern and control all Permits and Licenses of Computerized Internet Sweepstake Terminal Cafés:
(1) Each Permit holder shall at all times open each and every portion of the premises for inspection by the Police department and other City personnel as necessary for the purposes of assuring compliance with, and/or enforcement of, any provisions of this Chapter.
(2) Each Permit holder shall have present on the premises at all times when the premises are open to the public at least one adult operator who has not been convicted of any felony or of any misdemeanor involving the operation of a business or involving gambling activities, minors or any crime involving moral turpitude.
(3) No Permit holder shall allow living quarters to exist with direct entry to the premises.
(4) No person under the age of twenty one years of age shall be Permitted to operate a Sweepstake Terminal Cafe.
(5) Any and all Sweepstake rules and odds of winning shall be posted in a conspicuous place at the premises and displayed on the Computerized Internet Sweepstake Device at the start of each game and/or activity. If results of a Sweepstake can be ascertained immediately upon receipt of the Sweepstake card, token code, or the like, such fact shall conspicuously placed at the premises and displayed on the Computerized Internet Sweepstake Device.
(6) 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, sweepstake or play, shall be conspicuously placed at the premises and displayed on the computerized Sweepstake device.
(7) Each Permit holder shall operate the Computerized Internet Sweepstake Terminal Café business in compliance with any and all pertinent Federal, State and local laws rules and regulations.
(8) No person under the age of twenty one years of age shall be Permitted within the Computerized Sweepstake Terminal Café.
(9) Permit the premises to become a gathering place for disorderly persons of any type;
(10) Permit gambling in any form or the possession of gambling paraphernalia upon the premises;
(11) Permit intoxication or Permit the possession, sale, use or consumption of alcoholic beverages upon the Premises unless properly Licensed through the State of Ohio;
(12) Permit the possession, use or consumption of any unlawful drug, narcotic or controlled substance upon the premises;
(13) Permit the premises or the activity conducted thereon to become a public nuisance to the surrounding environs;
(14) Permit the driveways or streets to become obstructed in any manner so that traffic is hindered;
(15) Permit any Computerized Internet Sweepstake Device thereon to be operated at any time the premises are not open for business, or Permit the entrance to be locked at any time that the premises are open for business;
(16) Permit any computerized Sweepstake device to be offered to be used for gambling of any sort.
(17) Permit the premises to be open for business without displaying the Licenses therefore in a conspicuous place thereon;
(18) Permit any violation of any ordinance of the City or statute of the State of Ohio to take place upon the premises.
(b) All Computerized Internet Sweepstake Devices upon the premises of a Computerized Internet Sweepstake Terminal Café shall be located thereon in conformity with the floor plan filed with the application for the License and in such a manner so as not to impair ingress or egress to the premises; not to interfere with free and unfettered passage through the premise; not Permit a clear and complete view of the interior of the premises immediately upon entry;
(c) The operator shall require a photo identification of every person to whom anything of value is given in connection with the Computerized Internet Sweepstake Terminal Café and shall record the person's name, date of birth, and home address and a description of the thing given, a stated dollar value of the thing given, the date and time of the giving and, if a Computerized Internet Sweepstake Device is involved in the circumstances of the giving, the serial number or other identifying description of the device. If the dollar value given for any single event is six hundred dollars or more, and the person receiving such sum is a resident of the City of Loveland, the operator shall also include in the record a copy of the person's social security number. By the second Tuesday of each month the operator shall cause to be delivered to the City of Loveland Finance Department, a copy of the record containing the information set forth above for the preceding month. The operator and the City shall not disclose the social security number of any person to anyone except as required by the laws of the State of Ohio and the United States.
(Ord. 2011-86. Passed 10-25-11.)
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