(a) Creation of Review Board A Sweepstake Terminal Café License Review Board is hereby created to hear complaints concerning Sweepstake terminal café licenses. The Board shall consist of the Director of Law, the Safety Director, the Director of Inspection, the Finance Director, and the Plan Commissioner or their respective designees.
(b) Revocation or suspension of license. A license may be suspended or revoked at any time by the Board on satisfactory proof that violation of the laws of the State of Ohio, the Codified Ordinances of the City of Toledo or this Chapter occurs at a Sweepstake Terminal Cafe. In addition to any license suspension, the Board may assess the licensee a penalty fee of not less than $500.00 or more than $1000.00 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 by the Board is in addition to and separate from any criminal liability and does not preclude criminal prosecution for any violation of this article or other County, State of Ohio or federal laws. Penalty fees shall be disposed of in the same manner as license fees as set forth in Section 736.04(c).
(c) Submission of complaint; regular inspection. Any resident of the City of Toledo may submit a written notice of complaint to the City of Toledo Department of Finance, Division of Taxation and Treasury any Sweepstake Terminal Café located within the city of Toledo. The notice of complaint will include the name, phone number and address of the resident, the address of the location, the OCA device number, if applicable, and the specific reasons why the resident is complaining. 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.
(d) Interview of complainant. The City of Toledo Department of Finance, Division of Taxation and Treasury may interview the complainant and inquire as to the specific reasons for the complaint. The City of Toledo Department of Finance, Division of Taxation and Treasury may dismiss the complaint if it is determined that:
(1) The specific reasons listed in the complaint are not proper grounds for suspension or revocation of the license; or
(2) There are not substantial credible facts to support the complaint by the township resident.
(e) No appeal from dismissal of complaint. No appeal shall lie from the decision of the City of Toledo Department of Finance, Division of Taxation and Treasury to dismiss a complaint.
(f) Fact-finding conference. If the complaint is not dismissed by the City of Toledo Department of Finance, Division of Taxation and Treasury, the Office will then notify the licensee and the owner of the devices on the premises, as listed on the license application, that a complaint has been filed and will set a date for a fact-finding conference on the matter. Extensions will be granted and necessary investigations will be conducted at the discretion of the City of Toledo Department of Finance, Division of Taxation and Treasury and the Office may request the assistance of the law enforcement agency to assist in the investigation. The City of Toledo Department of Finance, Division of Taxation and Treasury and any assisting law enforcement agency officer shall have access to the Sweepstake Terminal Cafe and the records of the licensee during all times that the computerized sweepstake terminals are available for play.
(g) Resolution of complaint. At the time of the conference, the resident, the licensee, and the owner of the devices will meet and attempt to amicably resolve the situation. If the resident, licensee, and the owner can reach an amicable solution, the City of Toledo Department of Finance, Division of Taxation and Treasury will issue a written notice directing the licensee to comply with the agreed resolution of the complaint.
(h) Referral to the Board. If the parties cannot agree upon an amicable solution to the problem, the City of Toledo Department of Finance, Division of Taxation and Treasury, will transmit the complaint, together with its recommendation thereon, to the Sweepstake Terminal Café Review Board. The Office's recommendation may be for dismissal of the complaint, suspension of the license and assessment of penalty fees, or revocation of the license.
(i) Hearing. The Board may accept, reject, or modify the recommendation of the City of Toledo Department of Finance, Division of Taxation and Treasury. The resident, the licensee and the owner of the devices, as listed on the license application, shall be notified in advance by any method or combination of methods consistent with the Ohio Rules of Civil Procedure regarding service of a complaint. Notice shall include the day, time and location of the hearing to consider the complaint; and shall advise the licensee, if they so choose, be present during consideration of the complaint. The licensee shall be advised of its right to have the right to be represented by counsel, and have the right to examine and cross-examine witnesses and to call witnesses on its behalf. Consideration of the complaint before the Board shall be a public hearing which shall be held within 30 days after said notice is given. The Board shall enter its decision the day of hearing. 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 a court of competent jurisdiction under authority of and pursuant to the provisions of Chapter 2506 of the Ohio Revised Code.
(j) Other enforcement actions. The complaint process set forth in this section is separate and distinct from any law enforcement action taken to enforce the laws of the State of Ohio or the Codified Ordinances of the City of Toledo and this Chapter, and is not a condition precedent or otherwise an impediment to enforcement of said laws by criminal prosecution.
(Ord. 272-12. Passed 6-5-12.)