(a) The license may be suspended or revoked at any time by the Chief of Police on satisfactory proof that violation of the laws of the State, ordinances of the Village, or of this Chapter occur on the premises. In addition to any license suspension, the Village may assess the licensee a penalty fee of not less than $100.00 nor more than $250.00 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 Village are in addition to and separate from any criminal liability and do not preclude criminal prosecution for any violation of this Chapter or other Village, state or federal laws.
(b) Any property owner or resident of the Village may submit a written notice of complaint to the Chief of Police in regard to any entertainment device arcade location. The notice of complaint will include the name and address of the property owner or resident, the address of the location, and the specific reasons why the property owner or resident is complaining. The Chief of Police shall regularly inspect the premises, the operation, the entertainment devices and the licensee's records and may issue a notice of complaint to the licensee for any violations.
(c) The Chief of Police shall meet with the complainant and inquire as to the specific reasons for the complaint. The Chief of Police 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;
(2) There are not substantial credible facts to support the complaint by.
(d) No appeal shall lie from the decision of the Chief of Police to dismiss a complaint.
(e) If the complaint is not dismissed by the Chief of Police, the Chief 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 Chief of Police and the Chief may request the assistance of another officer to assist in the investigation. The Chief of Police and any other law enforcement officer shall have access to the premises and the records of the licensee during all times that the entertainment devices are available for play.
(f) At the time of the conference, the property owner or resident, the licensee, and the owner of the devices will meet and attempt to amicably resolve the situation. If the property owner or resident, licensee, and the owner can reach an amicable solution, the Chief of Police will direct the licensee to comply with the solution in his notice of reconciliation.
(g) If the parties cannot agree upon an amicable solution to the problem, the Chief of Police will transmit the complaint, together with its recommendation thereon, to the Mayor. The Mayor's recommendation may be for dismissal of the complaint, suspension of the license and assessment of penalty fees, or revocation of the license.
(h) The Mayor may accept, reject, or modify the recommendation of the Chief of Police. The property owner or resident, the licensee and the owner of the devices, as listed on the license application, shall be notified in advance by regular mail, with certificate of mailing, of the day on which the Mayor is to consider the complaint; and they may, if they so choose, be present during consideration of the complaint. Consideration of the complaint before the Mayor shall be a public hearing which shall be held within thirty days after said notice is given. The licensee shall have the right to be represented by counsel, and have the right to examine and cross-examine witnesses. The Mayor shall enter his or her 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 Ohio R.C. Chapter 2506.
(j) The complaint process is separate and distinct from any law enforcement action taken to enforce the laws of the State or the Village and this chapter, and is not a condition precedent or otherwise an impediment to enforcement of said laws by criminal prosecution.
(k) The Mayor shall be the final decision maker for the Village and additional appeals shall be made to a court of competent jurisdiction.
(Ord. 2012-0-2. Passed 4-9-12.)