(a) No person, partnership, corporation, or other entity shall operate or conduct a Sweepstake Terminal Café without first obtaining an annual license to operate therefor from the City of Toledo Department of Finance, Division of Taxation and Treasury. The license to operate shall first be obtained prior to the initial operation of the Sweepstake Terminal Café and annually thereafter, with the subsequent annual application and associated fee due prior to the 1st day of August of each calendar year. For calendar year 2012, all applicants must file by August 1st and all license fees must be paid by September 30th, 2012.
(b) Every person, partnership, corporation, organization or other entity shall make an application in writing to the City of Toledo Department of Finance, Division of Taxation and Treasury. The application shall set forth:
(1) The name and federal tax identification number under which the business is to be conducted;
(2) The location where the business is conducted, with a description of the premises, including a scaled diagram;
(3) The name, address, and government issued photo identification of any manager, supervisor, and all other employees;
(4) The name, address, and government issued photo identification of the owner or owners of the sweepstake terminals; and
(5) The name, address, government issued photo identification and principal occupation of every person with an interest in the business. If the business is conducted by:
A. A sole proprietorship, the name, home address, government issued photo identification and principal occupation of that individual.
B. A firm, Limited Liability Company or partnership, the names, home addresses, government issued photo identification and principal occupations of each member of the firm or partnership.
Corporation, the names, home addresses, government issued photo identifications and principal occupations of all officers and shareholders and the statutory agent;
(6) If a corporation or limited liability company, a certificate of good standing from the Ohio Secretary of State.
(7) The name, description, model number and serial number of each entertainment device on the premises and any other device on the premises that is necessary to the operation of the entertainment device;
(8) A. A list of each separate prize that may be given out and each separate dollar amount that may be given; and
B. The odds of winning any offered prize or dollar amount awarded for the participation in any game, activity, program, scheme or play, use or participation in any way in an entertainment device or participating in any other activity or promotion in the Sweepstake Terminal Café, whether or not the determination of the giving of the thing of value or the delivery of the thing of value occurs totally within the confines of the premises or requires some event, occurrence or happening at another location;
(9) The name and address of any and all persons, businesses or organizations that provide games, computer software, equipment, or services or operate devices linked to the licensee's computerized sweepstake terminal or to devices necessary to operate the computerized sweepstake terminals, whether any such provisions are sold, leased or licensed; and
(c) Duty to keep information current. The person, partnership, corporation, or other entity operating or conducting the business shall have a continuing duty to inform the City of Toledo Department of Finance, Division of Taxation and Treasury to changes in the information required in this section. No person, partnership, corporation, or other entity shall operate or conduct an entertainment device arcade at any time unless the information on file with the City of Toledo Department of Finance, Division of Taxation and Treasury is current and accurately reports the licensing information at the time of operation.
(d) Rejection or approval of application. City of Toledo Department of Finance, Division of Taxation and Treasury shall reject or preliminarily approve an application within twenty-one (21) business days of receipt. If an application is rejected, the City of Toledo Department of Treasury and Taxation shall notify the applicant in writing, with reasons for rejection. If the application is preliminarily approved, the City of Toledo Department of Finance, Division of Taxation and Treasury shall notify the applicant in writing of said preliminary approval. Upon notification of preliminary approval, applicant shall pay to the City of Toledo Department of Finance, Division of Taxation and Treasury the annual license fee due in conjunction with the initial or annual application for each entertainment device that will be located on the premises during the following annual period. Upon receipt of said annual license fee, the City of Toledo Department of Finance, Division of Taxation and Treasury shall grant final approval of the application and shall issue a license to operate. No person shall operate an entertainment device arcade, until such final approval is granted and said license to operate is issued, unless otherwise permitted herein.
(e) Prohibition as a result of conviction; fire inspection. City of Toledo Department of Finance, Division of Taxation and Treasury shall not issue a license to any person, partnership, corporation, or other entity if any of the persons with an interest in the business or if any of the employees of the business have been convicted of a violation of a federal or state statute or of any local ordinance pertaining to gambling or other crime of moral turpitude within five years preceding the application. Also, as a prerequisite to the issuance of such license, an inspection shall be made of the premises by the township's fire department to seek and obtain the approval of said department.
(f) The Director of Inspection, the Commissioner of Building Inspection, or the Certified Building Official, or their designated representative, are authorized to enter a structure or premises at reasonable times to inspect or to perform the duties imposed by this code provided that credentials are presented to the occupant and that entry is required and obtained. Where permission to enter has not been obtained, is denied, or the Department of Inspection has probable cause to believe that there exists in a structure or upon a premises a condition which is a serious hazard, the Division of Building Inspection shall have recourse to the remedies provided by law to secure entry.
(g) Suspension or revocation of license. Failure to register or pay a license fee for a Computerized Sweepstake Terminal shall be grounds for suspension or revocation of the license for the Sweepstake Terminal Café and said device shall, subject to seizure and forfeiture to the City.
(Ord. 272-12. Passed 6-5-12.)