736.01 Applicability.
736.02 Definitions.
736.03 License application; requirements.
736.04 License fees; transfer and display; disposition of fees.
736.05 License revocation; hearing procedure.
736.06 Location.
736.07 Miscellaneous operating requirements.
736.08 Severability.
736.99 Penalties.
CROSS REFERENCES
Gambling - see GEN. OFF. 517.02 et seq.
General business licensing provisions - see BUS. REG. Ch. 701
This Chapter shall apply to the operation of computerized sweepstake terminals that are lawfully operated pursuant to the Ohio Revised Code and does not legalize or license any operation of a device that is unlawful to operate pursuant to the Ohio Revised Code. This Chapter shall apply immediately to all entertainment device arcades that commence operations after the date of the enactment of this Chapter. All Sweepstake Terminal cafes in operation at the time of enactment of this Chapter shall come into compliance with all Sections of this Chapter no later than thirty (30) days after enactment of this Chapter, unless otherwise stated herein.
(Ord. 272-12. Passed 6-5-12.)
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(a) "Sweepstake Terminal Cafe" means any business, establishment, room or place where four or more entertainment devices are kept for use by the public or by persons other than the owner of the devices, where persons give anything of value to access the use of the computerized sweepstake terminal or the premises, and the person may be given anything of value by the operator, whether the giving occurs on or off the premise or at the same time or a later time.
(b) "Computerized Sweepstake Terminal" means any mechanical, electronic, video or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a person, for the purpose of playing a game, including sweepstakes games, viewing a video display, hearing an audio transmission or reading entries or outcomes from any other kind of device. "Computerized Sweepstake Terminal" does not include any vending machine, juke box, audio book, video player or any device that gives anything of value where the only value given, directly or indirectly, is a video or audio transmission or the playing of a game. A "Computerized Sweepstakes Terminal" shall include devices for the playing of games with the following characteristics:
A. The ability to play sweepstakes games governed by official rules, which are clearly posted and available to customers.
B. Sweepstakes entries are provided to customers upon purchase of a good or service, for which consideration is paid, and no consideration is paid for the sweepstakes entry itself. Additionally, the sweepstakes game provides for a method of free entry upon request, and the chance of winning the sweepstakes game does not vary between free entries and entries received as a result of purchase.
C. The total number of entries, the number of winning and losing entries and the number and nature of prizes of the sweepstakes game are finite, predetermined and established prior to the start of the sweepstakes. Additionally, all winning and losing entries are predetermined prior to the start of the sweepstakes game and the entries cannot be changed or modified once the sweepstakes game begins.
D. The sweepstakes game contains no element of skill and the customer has no ability to alter or affect the outcome or results of the sweepstakes game.
(c) "Anything of value" means cash, cash equivalents, tangible objects, credits to play, sweepstakes entry points and any other tangibles or intangibles, no matter how slight. Anything of value includes playing a game, viewing a video display, hearing an audio transmission, and reading entries or outcomes from any other kind of device. A person who gives anything of value for a product or service, whether tangible or intangible, in any way, directly or indirectly, in association with being given access to the use of an entertainment device, is deemed to have given value for the access to the computerized sweepstake terminal.
(d) "Operator" means any person or organization that owns, controls, operates, promotes or maintains or knowingly engages in conduct that facilitates the operation of a Sweepstake Terminal Cafe or the computerized sweepstake terminal in an entertainment device arcade.
(e) "Law enforcement agency" means the law enforcement agency responsible for policing the City of Toledo, whether the Toledo police department, or the Lucas County Sheriff's Office or another law enforcement agency contracting with or working in cooperation with the City of Toledo to provide policing serves.
(Ord. 272-12. Passed 6-5-12.)
Loading...