1174.09 SUSPENSION OR REVOCATION OF LICENSE.
(a) Internet Sweepstakes Café License. The Safety/Service Director may suspend or revoke an Internet Sweepstakes Café License issued under this Chapter for any of the following:
(1) A determination following the issuance of the license that any statement made in information provided in connection with the application is false;
(2) A determination following the issuance of the license that any of the conditions justifying denial of a license under Section 1174.08 has occurred or exists;
(3) Any non-compliance with or violation of the provisions of this Chapter;
(4) A conviction of any violation of Ohio R.C. Chapter 2915 where the violation occurred at the business premises.
(b) Computerized Sweepstakes Device License. The Safety/Service Director may suspend or revoke a Computerized Sweepstakes Device issued under this Chapter for any of the following:
(1) A determination following the issuance of the license that any statement made in information provided in connection with the application is false;
(2) A determination following the issuance of the license that any of the conditions justifying denial of a license under Section 1174.08 has occurred or exists;
(3) Any non-compliance with or violation of the provisions of this Chapter;
(4) A determination that the device no longer meets the requirements of Section 1174.07 (c)(4);
(5) A conviction of any violation of Ohio R.C. Chapter 2915 where the violation occurred at the business premises.
(c) Effect of Suspension or Revocation.
(1) Subject to Section 1174.09(c)(2), the Safety/Service Director may suspend any license issued under this Chapter for the reasons set forth above for a period of up to sixty (60) days if she/he finds that the basis for the suspension, as set forth in Section 1174.09(a) and (b), is an isolated incident, constitutes a first violation over the life of the license, and does not constitute a risk to the health, safety or welfare of the citizens of the City of Norwalk. During the period of any suspension of an Internet Sweepstakes Café license, the business shall not operate as an internet sweepstakes café and shall not operate or permit to be operated any computerized sweepstakes device on the premises. During the period of any suspension of any computerized sweepstakes device, the device shall be taken out of service, shall not be operated, and shall not be displayed in any internet sweepstakes café.
(2) The Safety/Service Director shall revoke any license issued under this Chapter if any of the following apply:
A. The licensee has previously had a license issued under this Chapter suspended or revoked;
B. The basis for the revocation is a conviction of any owner, operator or licensee of an offense under Chapter 2915 of the Ohio Revised Code which occurred at the license premises;
C. The basis for the revocation is a material violation of any provision of this Chapter or misrepresentation of any material fact which cannot be remedied during the period of a suspension of the license;
D. The basis for the revocation is an action or condition which poses a hazard to the health, safety or welfare of the citizens of the City of Norwalk.
(d) Hearing on Suspension or Revocation of License.
(1) The licensee shall be entitled to a hearing prior to the imposition of any suspension or revocation of any license issued under this Chapter.
(2) Prior to imposing a suspension or revocation, the Safety/Service Director shall give the licensee notice of the effective date of the suspension or revocation which notice shall inform the licensee of the date, time and place of the hearing and the basis of the suspension or revocation.
(3) The notice shall be sent by regular U.S. mail to the address of the statutory agent listed on the license application at least ten (10) days before the date of the hearing.
(4) The licensee shall be entitled to be present at the hearing, offer testimony and evidence, and examine any witnesses. The failure of the licensee to attend the hearing shall constitute a waiver thereof and consent to the imposition of the suspension or revocation.
(5) The Safety/Service Director shall conduct the hearing and hear and consider all evidence. The Safety/Service Director may base the decision to suspend or revoke the license solely upon any report or investigation provided, but shall also consider any evidence or testimony offered at the hearing. The rules of evidence shall not apply.
(6) The Safety/Service Director shall issue a written decision within seven (7) days of the end of the hearing.
(Ord. 2011-021. Passed 5-17-11.)