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(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.)
(a) Limitation on location. No license shall be granted to a Sweepstake Terminal Cafe that will conduct its business at a location that is within 500 feet from the boundaries of a parcel of real estate having situated on it a school, public library, public playground.
(b) Exception; change in ownership. This section shall not apply to any Sweepstake Terminal Café locations in existence at the time of the passage of this ordinance, and shall not apply to any duly licensed Sweepstake Terminal Café locations in existence at the time a school, public library, public playground, or any establishment that has been issued a liquor permit by the State of Ohio moves within 500 feet of said entertainment device arcade. However, closing of the business for a time period of one year or greater or change in location will remove said entertainment device arcade from this exception.
(Ord. 272-12. Passed 6-5-12.)
(a) Supervision of computerized sweepstake terminals. Any Sweepstake Terminal Cafe shall have an adult who is 21 years of age or over on the premises and supervising at all times the computerized sweepstake terminals during all hours of operation.
(b) Square-footage. The interior of the Sweepstake terminal cafe shall provide a minimum area of 30 square feet per computerized sweepstake terminal in each room in which computerized computer terminals are located.
(c) Public peace. No operator shall fail to maintain order and quiet on the premises so as not to violate the public peace.
(d) No minors. No persons under the age of eighteen years shall be permitted on the premises of any sweepstake terminal café.
(e) Photo identification. The operator shall require a photo identification of every person to whom anything of value is given in connection with the Sweepstake Terminal Cafe and, if the dollar value of the thing given to a person is $600.00 or more, the operator shall make and maintain a copy of the person's photo identification and shall record the person's name and home address and a description of the thing given, a stated dollar value of the thing given, the date and time of the giving and, if a computerized sweepstake terminal is involved in the circumstances of the giving, the serial number or other identifying description of the device. If the dollar value of the thing given to a person is more than ten dollars, the operator shall include in the record a copy of the person's photo identification. By the second Tuesday of each month the operator shall cause to be delivered to the City of Toledo Department of Finance, Division of Taxation and Treasury a copy of the record of things given to persons together with the above required information given during the preceding month. If the records pertaining to photo identification contain social security numbers or drivers license numbers, the operator and the City of Toledo Department of Finance, Division of Taxation and Treasury shall not disclose those numbers to anyone except as required by the laws of the State of Ohio and the United States government.
(f) Posting. The operator shall post in a conspicuous place on the premises in the room where the Computerized Sweepstake terminals are located in no less than twenty point type:
(1) Each separate prize that may be given and each separate dollar amount that might be given.
(2) The odds as stated in the filing with the City of Toledo Department of Finance, Division of Taxation and Treasury as required in Section 736.03(b)(7).
(3) A complete statement of the rules and conditions pertaining to the giving of any prizes or anything of value to any person, whether or not the determination 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.
(g) Records. The operator shall keep a complete set of all records of the operations at the premises at all times, including all federal, state and local tax records, all records of payments and receipts, all records of expenses and revenues of the operation, all banking records, all contracts, leases and agreements affecting the premises, equipment and operation, all personnel records and all other records pertaining to the business, which shall be available for inspection and copying by any entity provided a right of entry under subsection 736.03(f). Records more than 10 years old are exempt from this requirement.
(h) Correct information. No applicant shall make a false or incorrect statement in an application for a Sweepstake Terminal Café license and no operator shall fail to update the information supplied to the City of Toledo Department of Finance, Division of Taxation and Treasury to reflect existing operations as required in Section 736.03(b).
(i) Reporting of Internet Time. Any entertainment device arcade that engages in the sale of internet time or computer usage time in exchange for anything of value shall provide to the City of Toledo Department of Finance, Division of Taxation and Treasury no later than the 2nd Tuesday of each month a report detailing the daily amount of time sold in the preceding calendar month.
(j) Strict liability for violations. It is the intent of this Chapter that operators are strictly liable for any violations of this Chapter.
(Ord. 272-12. Passed 6-5-12.)
In the event any provision of Sections 736.01-736.99 shall be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this Chapter as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.
(Ord. 272-12. Passed 6-5-12.)
(a) Minor misdemeanor. Whoever violates or fails to comply with any of the provisions of this Chapter, for which no penalty is otherwise provided, is guilty of a minor misdemeanor and shall be fined not more than $100.00 for each offense, said fine shall not be reduced or suspended. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) Failure to obtain or operating without a license. Whoever violates or fails to comply with the requirement to obtain a license for a Sweepstake Terminal Café or a Computerized Sweepstake Terminal as provided in this Chapter is guilty of a misdemeanor of the fourth degree and shall be fined not more than $250.00, or imprisoned not more than 30 days or both, for each offense, provided said fine shall not be reduced or suspended. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 272-12. Passed 6-5-12.)