(a) Applications for sweepstakes/internet café licenses. All applications for sweepstakes/internet café licenses under this chapter shall be in writing on a form approved by and filed with the Chief of Police. The application shall be sworn to under oath and signed by the owner or owners and shall contain information required by mis 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 sweepstakes/internet café, shall, at their sole cost and expense, be fingerprinted by an agency approved by the Chief of Police.
(b) Contents of applications. The application for an sweepstakes/internet café license 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 sweepstakes/internet 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 sweepstakes/internet 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 sweepstakes devices, exits, windows, storage spaces, and off-street parking;
(13) The name, address and telephone number of the agent of the business upon whom service of process can effectively and validly be made; and
(14) Specification of the days of the week and the hours of the day during which the licensed activity will be conducted.
(c) Reports of city officials. Upon receipt of an application for a sweepstakes/internet café license under this chapter, the Chief of Police shall request the following reports, which shall be rendered to him within 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 sweepstakes 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 Chief Building Official as to whether all applicable building code regulations have been satisfied;
(4) A written report from the Chief Zoning Official as to whether all applicable zoning laws have been satisfied.
(d) Applications for computerized sweepstakes device licenses. All applications for computerized sweepstakes device licenses under this chapter shall be in writing on a form approved by and filed with the Chief of Police. The application shall be signed by the owner or owners and shall contain information required by this section supplied in detail. All applications shall contain a statement that the information contained therein is complete, accurate and truthful. The application shall contain the following information:
(1) A list of all computerized sweepstakes devices to be used at the sweepstakes/ internet café, specifying the manufacturer, model number and serial number of the computer sweepstakes device for which it was issued.
(2) Supporting documentation from a certified independent regulatory compliance test laboratory that the software that will be used by the computerized sweepstakes device performs in similar fashion as other permitted sweepstakes 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.
(e) Determination process.
(1) All applications for licenses under this chapter shall be considered by the Chief of Police, who shall, within ten days after receiving the written reports, either issue such licenses or deny issuance of such licenses. Unless a longer time is agreed upon by the applicant and Chief of Police, all decisions shall be issued within 40 days of submittal of an application.
(2) In the event of the denial of issuance of such a 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 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 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. The applicant may present evidence, provide witnesses and testimony, cross-examine witnesses and may be represented by legal counsel.
(f) License renewal. Each sweepstakes/internet café license and each computerized sweepstakes device license must be renewed annually. At the time of renewal, a statement shall be filed with the Chief of Police that the information listed on the original application for the 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 Chief of Police listing each and every item of information which has changed since the original application. The Chief of Police may determine to accept such statement and issue the renewal license requested, or, in the event of a material change, may require updated information in which case the provisions associated with obtaining an original license shall be followed.
(g) Expiration. Any sweepstakes/internet café license 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 30 days.
(h) Changes. Applicants for any sweepstakes/ internet café license issued under this chapter shall have a continuing duty to promptly supplement application information required by this section 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 license has been issued. The failure to comply with said continuing duty within 20 days from the date of such change, by supplementing the application on file with the city, shall be grounds for suspension of a license.
(Ord. 2011-69, passed 8-8-2011)