1174.07 PROCEDURE FOR OBTAINING LICENSES.

   (a)   General Requirements. All applications for the issuance of licenses, duplicate licenses or renewal of licenses under this Chapter shall be in writing upon forms approved by the Safety/Service Director. Each application shall contain the information and be accompanied by the documentation required by Sections 1174.07(b) and 1174.07(c). Each application shall be signed by the owner or owners of the business and shall be under penalty of perjury as to the truthfulness of the matters contained in the application. Each application shall be filed in the office of the Safety/Service Director and shall be accompanied by the fees required by Section 1174.12.

   (b)   Applications for Internet Sweepstakes Café License. Each application for an Internet Sweepstakes Café License shall contain the following information as to    each owner:

      (1)   True name and all names and aliases used in the last five years;

      (2)   Date and place of birth;

      (3)   Current permanent residential address and all residential addresses used in the last five years;

      (4)   Business and home telephone numbers;

      (5)   A statement as to whether the owner has ever been convicted of any felony or has been convicted of any misdemeanor offense, other than a traffic offense, of moral turpitude within the last five years;

      (6)   A statement as to whether the owner, either individually or in conjunction with any other person or entity, has ever operated an internet sweepstakes café and, if so, the dates and location of such operation;

      (7)   A statement as to whether the owner, either individually or in conjunction with any other person or entity, has ever been denied an Internet Sweepstakes Café` License under this Chapter or the equivalent under the law of any other jurisdiction and, if so, the date and location of such application and denial;

      (8)   The address of the premises at which the internet sweepstakes café will be operated;

      (9)   A statement as to whether the premises at which the internet sweepstakes café will be operated is owned or leased by the owner and if leased, the name and address of the owner of record together with a written statement of said owner of record granting permission to the owner to operate an internet sweepstakes café at the location;

      (10)   A description of the nature and operation of the main type of business activity to be conducted upon the premises of the internet sweepstakes café;

      (11)   A description of the nature and operation of any business to be conducted in conjunction with the internet sweepstakes café, including a description of the property or services to be sold on the premises, and the anticipated percentage of gross revenue to be derived from each respective business;

      (12)   The telephone number of the premises at which the internet sweepstakes café will be operated;

      (13)   A floor plan of the premises at which the internet sweepstakes café will be operated and the immediate vicinity, drawn to scale, showing the square     footage and placement of the computerized sweepstakes devices, exits, windows, restroom facilities, storage spaces and off-street parking;

      (14)   The name under which the business premises will be operated;

      (15)   The name, address and telephone number of the statutory agent of the business upon whom service of process can effectively and validly be made;

      (16)   The name, address and telephone number of the operator of the business premises if different than the licensee;

      (17)   A copy of the owner's articles of incorporation, if a corporation;

      (18)   A copy of the owner's operating agreement, if a limited liability corporation;

      (19)   A copy of the owner's partnership agreement, if a partnership;

      (20)   A specification of the days of the week and hours of the day during which the licensed activity will be conducted;

      (21)   A plan detailing the measures which will be taken to block viewing of adult oriented or pornographic material;

      (22)   Any other information deemed necessary by the Safety/Service Director to complete the application and insure compliance with this Chapter.

   (c)   Applications for Computerized Sweepstakes Device License. Each application for a Computerized Sweepstakes Device License shall contain the following information as to each computerized sweepstakes device:

      (1)   The make and model of the device together with the manufacturer's serial number;

      (2)   The name and address of the owner, manufacturer and distributor;

      (3)   A statement as to whether the device will be owned or leased by the licensee and, if leased, the terms of the lease;

       (4)   Supporting documentation from a certified independent regulatory compliance test laboratory establishing that the software of the device performs in similar fashion as other permitted sweepstakes commerciall yoffered to the public and that 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 on state government gaming regulatory agency.

   (d)   Reports of City Officials. Upon receipt of a completed application for a license under this Chapter, the Safety/Service Director shall request the following written reports to be submitted within thirty (30) days:

      (1)   A report from the Fire Chief as to whether the premises and the computerized sweepstakes devices therein constitute or will create a fire hazard;

      (2)   A report from the Code Compliance Officer as to whether the location of the premises at which the computerized sweepstakes devices will be located is in compliance with the City Zoning Ordinance.

   (e)   Criminal Background Checks. Each application for a license under this Chapter shall be accompanied by a written criminal background check, performed by a certified Ohio law enforcement agency within the thirty (30) day period immediately prior to the submission of the application, on each operator, licensee and owner of the business and premises. In the event any of the foregoing is a business entity, the background check shall be submitted for each partner and each shareholder or member owning a twenty percent (20%) or greater interest in the entity.

   (f)   Issuance of License. The Safety/Service Director shall review and consider all completed applications and all reports received under Section 1174.07 (c) - (e). Within thirty (30) days of the receipt of the completed application and all reports, the Safety/Service Director shall issue the license for which the application was submitted if all of the following are met:

      (1)   The application is complete;

      (2)   The report from the Fire Chief establishes that the premises and the computerized sweepstakes devices do not constitute and will not create a fire hazard;

      (3)   The report from the Code Enforcement Officer establishes that the business premises and the operation of the internet sweepstakes café will be in compliance with the Zoning Ordinance; and

      (4)   All provisions of this Chapter are met.

   Otherwise, the Safety/Service Director shall deny the application.

   (g)   Renewal of License. Each license issued under this Chapter shall be valid for a period of one (1) year from the date of issue indicated on the license. At the expiration of said period, the license shall expire and be void unless renewed. Applications for renewal shall be submitted together with the renewal fee to the Safety/Service Director no less than forty-five (45) days prior to the expiration of the license. The application for renewal shall state, under penalty of perjury, that all information submitted with the original application for the license is still accurate and true or shall set forth with specificity the information that has changed. The Safety/Service Director shall issue the renewal license prior to the expiration date of the license if all of the following are met:

      (1)   The application for renewal is complete;

      (2)   The information provided with the renewal applications establishes that          the requirements of this Chapter and the Zoning Ordinance are still met;          and

      (3)   Grounds for revocation of the license pursuant to Section 1174.09 do not exist.

   Otherwise, the Safety/Service Director shall deny the renewal application.

   (h)   Transmittal of Information to Finance Department. Immediately upon issuing any license under this Chapter, the Safety Service Director shall forward a copy of the completed application to the City Finance Department. The submission of an application under this Chapter constitutes consent to the transmittal of the application as provided herein and to the use by the City of the information contained therein for the purposes of enforcing the tax and other ordinances of the City. (Ord. 2011-021. Passed 5-17-11.)