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(a) Creation of Commission. An Entertainment Device Arcade License Review Commission is hereby created to hear complaints concerning entertainment device arcade licenses. The Commission shall consist of five members which shall include the Mayor or their designee, the President of the Council or their designee, the Director of Finance or their designee, one resident member appointed by Council and one resident member appointed by the City Administration. The resident members of the Entertainment Device Arcade License Review Commission shall hold office for a term of three years. The resident members may not hold another Municipal office or be an owner or employee of an entertainment device arcade during their term on the Entertainment Device Arcade License Review Commission. Any vacancy of a resident member shall be filled for the unexpired term in the manner authorized for an original appointment.
(b) Revocation or Suspension of License. A license may be suspended or revoked at any time by the Commission on satisfactory proof that violation of the laws of the State of Ohio, the Codified Ordinances of the City or this chapter occurs at an entertainment device arcade. In addition to any license suspension, the Commission may assess the licensee a penalty fee of not less than five hundred dollars ($500.00) or more than one thousand dollars ($1,000) for any violation of this chapter. Each day a continuing violation exists shall constitute a separate violation for purpose of assessing penalty fees. Suspensions, revocations and assessments of penalty fees by the Commission is in addition to and separate from any criminal liability and does not preclude criminal prosecution for any violation of this chapter or other City, State of Ohio or Federal laws. Penalty fees shall be disposed of in the same manner as license fees as set forth in Section 858.03(c).
(c) Submission of Complaint; Regular Inspection. Any person may submit a written notice of complaint to the City Administrator concerning any entertainment device arcade. The notice of complaint will include the name, phone number and address of the person, the address of the location, the OAC device number, if applicable, and the specific reasons why the resident is complaining. The City Administrator and/or the Division of Police shall regularly inspect the premises, the operation, the entertainment devices and the licensee's records and may issue a notice of complaint to the licensee for any violations.
(d) Interview of Complainant. The City Administrator shall interview the complainant and inquire as to the specific reasons for the complaint. The City Administrator may dismiss the complaint if it is determined that:
(1) The specific reasons listed in the complaint are not proper grounds for suspension or revocation of the license; or
(2) There are not substantial credible facts to support the complaint by the person.
(e) No Appeal from Dismissal of Complaint. No appeal shall lie from the decision of the City Administrator to dismiss a complaint.
(f) Fact-finding Conference. If the complaint is not dismissed by the City Administrator, the City Administrator will then notify the licensee and the owner of the devices on the premises, as listed on the license application, that a complaint has been filed and will set a date for a fact-finding conference on the matter. Extensions will be granted and necessary investigations will be conducted at the discretion of the City Administrator and the City Administrator may request the assistance of the Division of Police to assist in the investigation. The City Administrator and any assisting officer from the Division of Police shall have access to the entertainment device arcade and the records of the licensee during all times that the entertainment devices are available for play.
(g) Resolution of Complaint. At the time of the conference, the resident, the licensee, and the owner of the devices will meet and attempt to amicably resolve the situation. If the resident, licensee, and the owner can reach an amicable solution, the City Administrator will issue a written notice directing the licensee to comply with the agreed resolution of the complaint.
(h) Referral to the Commission. If the parties cannot agree upon an amicable solution to the problem, the City Administrator will transmit the complaint, together with its recommendation thereon, to the Entertainment Device Arcade License Review Commission. The City Administrator's recommendation may be for dismissal of the complaint, suspension of the license and assessment of penalty fees, or revocation of the license.
(i) Hearing. The Commission may accept, reject, or modify the recommendation of the City Administrator. The resident, the licensee and the owner of the devices, as listed on the license application, shall be notified in advance by certified mail of the day on which the Commission is to consider the complaint; and they may, if they so choose, be present during consideration of the complaint. Consideration of the complaint before the Commission shall be a public hearing which shall be held within 30 days after said notice is given. The licensee shall have the right to be represented by counsel, and have the right to examine and cross-examine witnesses. The Commission shall enter its decision the day of hearing. In the event of a decision and ruling adverse to the licensee, the licensee shall have the right to appeal such decision and ruling to a court of competent jurisdiction under authority of and pursuant to the provisions of Ohio R.C. Chapter 2506.
(j) Other Enforcement Actions. The complaint process set forth in this section is separate and distinct from any law enforcement action taken to enforce the laws of the State of Ohio or the Codified Ordinances of the City and this chapter, and is not a condition precedent or otherwise an impediment to enforcement of said laws by criminal prosecution.
(Ord. 36-2011. Passed 4-4-11.)
(a) Limitation on Location. No license shall be granted to an entertainment device arcade that will conduct its business at a location that is within 1,000 feet from the boundaries of a parcel of real estate having situated on it a school, public library, public playground, or any establishment that has been issued a liquor permit by the State of Ohio.
(b) Exception; Change in Ownership. This section shall not apply to any entertainment device arcade locations in existence at the time of the passage of this chapter, and shall not apply to any duly licensed entertainment device arcade locations in existence at the time a school, public library, public playground, or any establishment that has been issued a liquor permit by the State of Ohio moves within 500 feet of said entertainment device arcade. However, any change in ownership of the entertainment device arcade or change in location will remove said entertainment device arcade from this exception. "Change in ownership" in the case of a partnership or corporation for the purpose of this section means more than 50 percent change in partners or shareholders from the partners or shareholders owning the partnership or corporation as of the date the school, public library, or public playground moves within 500 feet of said entertainment device arcade.
(Ord. 36-2011. Passed 4-4-11.)
(a) Entertainment device arcades shall operate only between the hours set forth below:
Sundays 1:00 p.m. to 10:00 p.m.
All Other Days 10:00 a.m. to 12:00 a.m.
No operator shall permit any person to operate any entertainment device during any time other than specified herein.
(b) Notwithstanding anything to the contrary in subsection (a) above, an operator shall be permitted to operate its entertainment device arcade on Friday and Saturday from 10:00 a.m. to 2:00 a.m. of the following day provided, that on any such Friday or Saturday, the operator provides security at the entertainment device arcade from 10:30 p.m. to 2:30 a.m. of the following day in accordance with a security plan approved by the Chief of Police (or his designee). All security plans shall be submitted by the operator to the Chief of Police in writing and all approvals of security plans by the Chief of Police (or his designee) shall be in writing.
(Ord. 37-2012. Passed 5-31-12.)
(a) Supervision of Entertainment Devices. Any entertainment device arcade shall have an adult who is 21 years of age or over on the premises and supervising at all times the entertainment devices during all hours of operation.
(b) Square-Footage. The interior of the entertainment device arcade shall provide a minimum area of 15 square feet per entertainment device in each room in which entertainment devices are located.
(c) No Alcoholic Beverages. No operator shall permit the sale, possession or consumption of alcoholic beverages on the premises of an entertainment device arcade.
(d) Public Peace. No operator shall fail to maintain order and quiet on the premises so as not to violate the public peace.
(e) No Minors. No persons under the age of 18 years shall be permitted on the premises of any entertainment device arcade.
(f) Photo Identification. The operator shall require a photo identification of every person to whom anything of value is given in connection with the entertainment device arcade and, if the dollar value of the thing given to a person is six hundred dollars ($600.00) or more, the operator shall make and maintain a copy of the person's photo identification and shall record the person's name 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 an entertainment device is involved in the circumstances of the giving, the serial number or other identifying description of the device. By the second Tuesday of each month the operator shall cause to be delivered to the City Administrator a copy of the record of things given to persons together with the above required information given during the preceding month. If the records pertaining to photo identification contain Social Security numbers or driver's license numbers, the operator and the City Administrator shall not disclose those numbers to anyone except as required by the laws of the State of Ohio and the United States government.
(g) Posting. The operator shall post in a conspicuous place on the premises in the room where the entertainment devices are located in no less than 20 point type:
(1) Each separate prize that may be given and each separate dollar amount that might be given.
(2) The odds as stated in the filing with the City Administrator, as required in Section 858.02(b)(7).
(3) A complete statement of the rules and conditions pertaining to the giving of any prizes or anything of value to any person, whether or not the determination the giving of the thing of value or the delivery of the thing of value occurs totally within the confines of the premises or requires some event, occurrence or happening at another location.
(4) On each machine, a sticker, if issued by the City Administrator, indicating that it has been registered by the operator with the City Administrator, and bearing a unique identification number for that machine.
(h) Records. The operator shall keep a complete set of all records of the operations at the premises at all times, including all Federal, State and local tax records, all records of payments and receipts, all records of expenses and revenues of the operation, all banking records, all contracts, leases and agreements affecting the premises, equipment and operation, all personnel records and all other records pertaining to the business, which shall be available for inspection and copying by any entity provided a right of entry under Section 858.02(f). Records more than ten years old are exempt from this requirement.
(i) Correct Information. No applicant shall make a false or incorrect statement in an application for an entertainment device arcade license and no operator shall fail to update the information supplied to the City Administrator to reflect existing operations as required in Section 858.02(b).
(j) Reporting of Internet Time. Any entertainment device arcade that engages in the sale of internet time or computer usage time in exchange for anything of value shall provide to the City Administrator, no later than the 15th day of each month a report detailing the daily amount of time sold in the preceding calendar month.
(k) Strict Liability for Violations. It is the intent of this chapter that operators are strictly liable for any violations of this chapter.
(Ord. 36-2011. Passed 4-4-11.)
In the event any provision of Sections 858.01 through 858.08 and Section 858.99 shall be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.
(Ord. 36-2011. Passed 4-4-11.)
(a) Minor Misdemeanor. Whoever violates or fails to comply with any of the provisions of this chapter, for which no penalty is otherwise provided, is guilty of a minor misdemeanor and shall be fined not more than one hundred fifty dollars ($150.00) for each offense, said fine shall not be reduced or suspended. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) Failure to Obtain or Operating Without a License. Whoever violates or fails to comply with the requirement to obtain a license for an entertainment device arcade or an entertainment device as provided in this chapter is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00), or imprisoned not more than 30 days or both, for each offense, provided said fine shall not be reduced or suspended. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 36-2011. Passed 4-4-11.)