(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 City of Sylvania Safety Director.
(b) All applications for permits under this Chapter shall be in writing on a form approved by and filed with the Safety 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 partnerships, shareholders of corporations and principals of any other type of business entity. All applications shall contain a statement that the information contained therein is complete, accurate and truthful to the best knowledge of all applicants, and such statement shall be signed before a Notary Public of the State of Ohio.
(c) 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.
(d) 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 skill 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 café, 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 café machine and/or computer, sweepstakes machine and/or computer, and adult oriented arcade machine and/or computer.
(e) 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 five percent (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 City of Sylvania 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.
(f) Any permit holder under this chapter shall be required to give written notice to the Safety Director of this City within fourteen (14) days of any change in any of the information required in paragraph (d) or (e) above. Failure of any permit holder to give the written notice required by this paragraph 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.
(g) Contents of Applications. The application shall contain the following information as to all owners:
(1) True names 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 and home telephone numbers;
(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 a sweepstake terminal cafe 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 sweepstake terminal cafe, and the anticipated percentage of gross revenue to be derived from each respective business;
(10) The address and telephone number 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 sweepstake terminal cafe, 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) The name, and address and telephone number of the agent of the business upon whom service of process can effectively and validly be made;
(14) The name and address of the owner, distributor and manufacturer of each computerized sweepstake device requested to be licensed;
(15) A description as to the nature and type of property or services which will be sold or supplied upon the premises:
(16) A copy of the title or lease to the premises;
(17) A copy of the Articles of Incorporation, if the owner is a corporation;
(18) A copy of the Operating Agreement, if the owner is a limited liability corporation;
(19) A copy of the Partnership Agreement, if the owner is a partnership;
(20) Any other information which the Safety Director may deem reasonably necessary for the full interest of the public in the application.
(21) Federal tax identification number.
(h) Applicants must apply for permits issued under this section no later than November 1st prior to the year in which the applicant desires to operate any of the devices, computers or machines enumerated in paragraph (c) above.
(i) Permits, unless revoked, shall be good for one year and shall be effective from January 1st through December 31st of the calendar year following the applicant's application.
(i) License Renewal. Each computerized sweepstake device license and sweepstake terminal cafe license must be renewed annually. At the time of renewal, a statement shall be filed with the Safety Director listing each and every item of information which has changed since the original application. Such statement shall be signed by the same persons who signed the original application, and shall be notarized. The Safety 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.
(k) The following permit fees are required of each applicant and must accompany the application for each permit:
(1) A general permit fee of one hundred thousand dollars ($100,000.00) to be paid annually with the application for permit and/or renewal.
(2) An application and processing fee of one thousand dollars ($1,000.00) 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 to be paid annually with the application for permit and/or renewal.
(3) A non-refundable application fee of one thousand dollars ($1,000.00) to be paid annually with the application for permit and/or renewal.
(1) The decision to grant, deny or revoke a permit issued under this section shall be in the sole discretion of the Mayor.
(m) 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 and Chapter 2915 of the Ohio Revised Code. Failure of the permit holder to allow inspection during normal business hours shall result in immediate revocation of the permit holder's permit.
(n) Violation and/or conviction by the permit holder of any provision of this chapter 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 765.05. 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.
(o) Skill game businesses, adult oriented arcades, internet gaming cafes, and sweepstakes businesses shall be conditionally permitted only in B-2 and B-4 designated districts as established in Chapter 1137 and 1141 of the Codified Ordinances and only if in full compliance with Ohio Law and Chapter 2915 of the Ohio Revised Code. No skill based game, adult oriented arcades, internet gaming cafes, and sweepstakes businesses shall be located within 1,500 feet of another business licensed under this law, within 750 feet of any church, public or private school, park or playground, or 500 feet of any residential district.
(p) Criminal penalties for any violation of the provisions of this section are governed by Section 767.99.
(Ord. 108-2020. Passed 12-7-20.)