(a) Any person, organization, or business entity who owns or operates a skill game business, adult oriented arcade, internet gaming cafe, or sweepstakes business, or who desires to operate such a business, shall apply annually for a permit with the Village of Put-in-Bay office of the Mayor, or his or her authorized designee.
(b) Each applicant shall include with the application a certification from the State of Ohio or an authorized testing agency which indicates that the specific skill- based amusement game machines and/or computers, internet gaming cafe machines and/or computers, sweepstakes machines and/or computers, and adult oriented arcade machines and/or computers which will be operated by the applicant are legal to operate in the State of Ohio and are not slot machines or other games involving a scheme of chance. Failure by the applicant to complete the entire application shall cause the Mayor to deny the permit.
(c) Each applicant shall be required to list all skill-based amusement game machines and/or computers, internet gaming cafe machines and/or computers, sweepstakes machines and/or computers, and adult oriented arcade machines and/or computers being operated or to be operated by the applicant, such list to include the following items of information:
(1) The make, model and serial number of any skilled-based game machines and/or computers, internet gaming cafe machines and/or computers, sweepstakes machines and/or computers, and adult oriented arcade machines and/or computers.
(2) The hardware and/or circuit board switch settings for each machine and/or computer operated or to be operated as a skill-based, sweepstakes, internet cafe, and/or adult oriented arcade machine or computer.
(3) The software settings of each such machine and/or computer.
(4) In addition to the above items, the applicant shall provide with the permit application a copy of each manual for any such machine and/or computer used or to be used as a skill-based game machine and/or computer, internet gaming cafe machine and/or computer, sweepstakes machine and/or computer, and adult oriented arcade machine and/or computer.
(d) Each permit applicant shall designate a natural person or persons responsible for the applicant's compliance with the provisions contained in this chapter and Ohio R.C. Chapter 2915. The owner, principal 5% or greater shareholder, office manager, and person responsible for compliance with this chapter and Ohio R.C. Chapter 2915 shall submit fingerprints by the method required by the Village Police Department. No permit shall be issued to a convicted felon. Each applicant shall provide a copy of the lease or memorandum of lease identifying the name, address and phone number of the lessor and lessee of the business location or a copy of the deed if the business owner is the owner of the business location.
(e) Any permit holder under this chapter shall be required to give written notice to the Mayor within 14 days of any change in any of the information required in division (c) or (d) above. Failure of any permit holder to give the written notice required by this division shall cause the Mayor to revoke a permit issued under this chapter and shall be a violation of this chapter that allows the imposition of the penalties listed herein.
(f) Applicants must apply for permits issued under this section no later than November 1 prior to the year in which the applicant desires to operate any of the devices, computers or machines enumerated in division (c) above.
(g) Permits, unless revoked, shall be good for one year and shall be effective from January 1 through December 31 of the calendar year following the applicant's application.
(h) The following permit fees are required of each applicant and must accompany the application for each permit:
(1) A general permit fee of five thousand dollars ($5,000).
(2) An application and processing fee of two hundred dollars ($200.00) per skill game machine and/or computer, internet cafe machine and/or computer, sweepstakes machine and/or computer, and each adult oriented arcade machine and/or computer.
(3) A non-refundable application fee of five hundred dollars ($500.00).
(i) The decision to grant, deny or revoke a permit issued under this section shall be in the sole discretion of the Mayor, or his or her authorized designee.
(j) Each permit holder, in return for issuance of a permit under this chapter, is subject to inspection by the Department of Police during normal business hours to ensure the permit holder's compliance with the provisions of this chapter, Chapter 630 of the Codified Ordinances and Ohio R.C. Chapter 2915. Failure of the permit holder to allow inspection during normal business hours shall result in immediate revocation of the permit holder's permit.
(k) Violation and/or conviction by the permit holder of any provision of this chapter, Chapter 630 of the Codified Ordinances or of Ohio R.C. Chapter 2915 shall cause the Mayor to immediately revoke a permit holder's permit. Appeals from any permit revocation shall be conducted in accordance with Section 872.02. Under no circumstances, including permit revocation, is a permit holder entitled to reimbursement for permit fees, application fees, and processing fees, and such fees are not refundable, and are not prorated to the date of revocation or closure of a permit holder's business.
(l) No skill-based game, adult oriented arcades, internet gaming cafes, and sweepstakes businesses shall be located within 500 feet of another business licensed under this law, within 500 feet of any church, public or private school, park or playground, or 200 feet of any residential district.
(m) Criminal penalties for any violation of the provisions of this section are governed by Section 872.99.
(Ord. 1030-11. Passed 10-10-11.)