(a) The license may be suspended or revoked at any time by the Director of Public Safety or his designee after a hearing and upon satisfactory proof that a violation of the federal, state or local laws or ordinances, including those of this chapter, has occurred on the premises of the sweepstakes/internet cafe. In addition to any license suspension, the City may assess the licensee a penalty fee of not less than five hundred dollars ($500.00) nor more than one thousand five hundred dollars ($1,500.00) 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 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 or federal laws.
(b) The Director of Public Safety or his designee shall investigate all complaints and potential violations of this chapter with the aid of law enforcement as needed. If the Director of Public Safety or his designee finds substantial evidence to support a violation of this chapter, he shall conduct a hearing.
(c) The Director of Public Safety or his designee shall provide the licensee and the owner of the computerized sweepstakes devices, as listed on the license application, with prior written notice of the hearing and a statement of the alleged violation at least ten (10) days in advance of the hearing. The licensee shall have the right to be represented by counsel and have the right to examine and cross-examine witnesses and introduce evidence. The Director of Public Safety or his designee shall render a decision the day of hearing unless additional time is needed. If additional time is needed, the decision shall be in writing to the licensee.
(d) 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 the Zoning Board of Appeals within twenty (20) days of the receipt of the decision of the Director of Public Safety or his designee. The Zoning Board of Appeals shall set the matter for a public hearing and provide written notice to the appellant at least ten (10) days in advance of the hearing. The decision of the Zoning Board of Appeals shall be the final decision of the City on the violation(s) and may be appealed to a court of competent jurisdiction under authority of, and pursuant to, the provisions of the Ohio Revised Code. (Ord. 35-2011. Passed 8-9-11.)