(a) Application for Licenses. All applications for licenses under this Chapter shall be in writing on a form approved by and filed with the Mayor/Safety Service Director. The application shall be signed by the owner or owners and shall contain information required by this section supplied in detail as to each such person, including general and limited partners, or partnership, shareholders of corporations and principals or members of any other type of business entity or organization. All applications shall contain a statement that the information contained therein is complete, accurate and truthful. Every owner and operator of the Internet Gaming/Sweepstakes Café shall be fingerprinted by an agency approved by the Mayor/Safety Service Director and such person shall pay for the costs associated with obtaining said fingerprints.
(b) Contents of Applications. The application shall contain the following information as to all owners:
(1) True name and all names used in the past five (5) years;
(2) Date of birth;
(3) Permanent home address and all home addresses used in the past five (5) years;
(4) Business, home, cell telephone numbers and email address;
(5) Employment history for the past five (5) years;
(6) A statement as to whether or not the owner has been convicted of any crime other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the penalty imposed;
(7) A statement as to whether or not the owner has ever conducted an Internet Gaming/Sweepstakes Café and, if so, when, where and for how long;
(8) A description of the nature and operation of the main type of business activity to be conducted upon the premises;
(9) A description of the nature and operation of any business to be conducted in conjunction with the Internet Gaming/Sweepstakes Café, and the anticipated percentage of gross revenue to be derived from each respective business;
(10) The address and telephone numbers of the premises and of the business, if different from that of the premises;
(11) The name under which the business and premises will be operated;
(12) A statement as to whether or not the owner will directly operate the Internet/Gaming Sweepstakes Café, or whether or not an operator who is not an owner will operate it, and if the latter, the application shall contain information required by this section supplied in detail as to each such operator;
(13) A floor plan of the premises and the immediate vicinity drawn to scale, showing the square footage and placement of the Internet Gaming/Sweepstakes Café devices, exits, windows, storage spaces, bicycle storage racks and off-street parking.
(14) A map showing all schools, playgrounds, and churches within a radius of 500 feet of the premises;
(16) The name, address and telephone numbers of the agent of the business upon whom service of process can effectively and validly be made;
(17) The number, type, name, model and manufacturer’s serial number of each Internet Gaming/Sweepstakes Café device requested to be licensed;
(18) The name and address of the owner, distributor and manufacturer of each Internet Gaming/Sweepstakes Café requested to be licensed;
(19) Specifications of terms of agreement governing the acquisition and installation of each Internet Gaming/Sweepstakes Café device requested to be licensed;
(20) A description as to the nature and type of property or services which will be sold or supplied upon the premises;
(21) A copy of the title or lease to the premises;
(22) A copy of the Articles of Incorporation, if the owner is a corporation;
(23) A copy of the Operating Agreement, if the owner is a limited liability corporation;
(24) A copy of the Partnership Agreement, if the owner is a partnership;
(25) Specifications of the days of the week and the hours of the day during which the licensed activity will be conducted;
(26) Supporting documentation from a Certified Independent Regulatory Compliance Test Laboratory that the software performs in a similar fashion as other permitted Internet Gaming/Sweepstakes Cafes commercially offered to the public to and that the entries are drawn from a pre-created finite static pool of entries with assigned values. To be certified and the Independent Regulatory Compliance Testing Laboratory must be authorized to test regulatory Internet Gaming/Sweepstakes Café equipment by at least one state government gaming regulatory agency; and
(27) Any other information which the Mayor/Safety Service Director may deem reasonably necessary for the full interest of the public in the application.
(c) Reports of Village Officials. Upon receipt of an application for a license under this Chapter, the Mayor/Safety Service Director shall request the following reports, which shall be rendered to him within thirty (30) days of the date of filing of the application.
(1) A written report from the Fire Chief shall be submitted to the Mayor/Safety Service Director as to whether the premises and Internet Gaming/Sweepstakes Café devices thereon will create a fire hazard; and
(2) A written report from the Police Chief shall be submitted to the Mayor/Safety Service Director specifying, with regard to all owners and operators, any convictions for any felony or for any misdemeanor involving the operation of an Internet Gaming/Sweepstakes Café device business or involving physical violence, gambling activity, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude.
(3) A written report from the Village Administrator shall be submitted to the Mayor/Safety Service Director as to whether all building and zoning laws have been satisfied.
(d) Determination Process.
(1) Mayor/Safety Service Director. All applications for licenses under this Chapter shall be considered by the Mayor/Safety Service Director, who shall, within ten (10) days after receiving the written reports, either issue such licenses or deny issuance of such licenses.
(2) Appeal to Board. In the event of the denial of issuance of such a license, the applicant shall be notified of such denial and the specific reasons therefore in writing. Such notice shall be mailed or delivered to the applicant at the address specified in the application.
The applicant shall have ten (10) days after receipt of such notice within which to appeal such denial, by filing a written notice of appeal with the Board of Zoning Appeals. Thereupon, the applicant shall have not less than ten (10) days notice of the date and place of the hearing. The appeal shall be heard by the Board of Zoning Appeals, which Board shall have the power after such hearing to confirm the denial, order the license to be issued, or, at its discretion, to issue a conditional or probationary license. In rendering its decision, the Board may, for good cause shown, modify or waive any of the provisions of this Chapter in the interest of justice.
(3) Appeal to Court. The decision of the Board, may, within thirty (30) days thereof, be appealed to a court of competent jurisdiction under Ohio R.C. Chapter 2506.
(e) License Renewal. Each Internet Gaming/Sweepstakes Café device license and Internet Gaming/Sweepstakes Café license must be renewed annually. At the time of renewal, a statement shall be filed with the Mayor/Safety Service Director that the information listed on the original application for the license is still complete, accurate and truthful to the best knowledge of all applicants, or a statement shall be filed with the Mayor/Safety Service Director listing each and every item of information which has changed since the original application. Such statement shall be signed by the same person who signed the original application. The Mayor/Safety Service Director may determine to accept such statement and issue the license requested, or he may determine to enforce the procedure required for an original license. (Ord. 2272. Passed 4-11-11.)