(a) Board of Zoning Appeals. All licenses issued under this chapter shall be suspended or revoked on recommendation of the Board of Zoning Appeals to Council and upon a finding of the occurrence of any of the following events: (1) a false statement by any licensee as to a material matter made in an application for license or in a hearing concerning this license; (2) a conviction of any licensee for any crime referenced in Section 761.03; and (3) two convictions within a one-year period of any licensee or operation for a violation of the provisions of this chapter.
(b) Revocation or Suspension of License. A license may be suspended or revoked at any time upon recommendation by the Board of Zoning Appeals and confirmation by Council on satisfactory proof that a violation of the laws of the State of Ohio, the Codified Ordinances of the City or this chapter occurs at any entertainment device arcade. In addition to any license suspension, the City may assess the licensee a penalty fee of not less than five hundred dollars ($500.00), or more than one thousand dollars ($1,000.00), 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 City is in addition to and separate from any criminal liability and does not preclude criminal prosecution for any violation of this chapter 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 Subsection 761.04(c).
(c) Submission of Complaint: Regular Inspection. Any resident or employee of the City may submit a written notice of complaint to the Building Department concerning any entertainment device arcade located within the City. The notice of complaint will include the name, phone number and address of the resident, the address of the location, the device number, if applicable, and the specific reasons why the resident is complaining. The Building Department 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.
(d) Interview of Complainant. The Building Department shall interview the complainant and inquire as to the specific reasons for the complaint. The Building Department 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 City resident.
(e) No Appeal from Dismissal of Complaint. No appeal shall lie from the decision of the Building Department to dismiss a complaint.
(f) Hearing. If the complaint is not dismissed by the Building Department, the Board of Zoning Appeals 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 hearing on the matter. Extensions will be granted and necessary investigations will be conducted at the discretion of the Building Department and the Board of Zoning Appeals may request the assistant of a law enforcement agency to assist in the investigation. The Board of Zoning Appeals and any assisting law enforcement agency officer shall have access to the entertainment device arcade and the records of the licensee during all times that the entertainment devices are available for play. The licensee shall be given at least ten days written notice of the intent to suspend or revoke the license, which shall set forth the date, time and place of the hearing and the specific reasons for such a suspension or revocation. The licensee shall have the right at that hearing to present testimony and other relevant evidence and to orally examine or cross-examine any person offering evidence as to the reasons for suspension or revocation. The Board of Zoning Appeals' recommendation may be for dismissal of the complaint, suspension of the license and assessment of penalty fines, or revocation of the license.
(g) Review by Council. The recommendation of the Board of Zoning Appeals shall be forwarded to City Council who may accept, reject, or modify the recommendation of the Board of Zoning Appeals. The resident, the licensee and the owner of the devices, as listed on the license application, shall be notified in advance by certified mail of the day on which the Council is to consider the complaint; and they may, if they so choose, be present during Council's consideration of the complaint. Consideration of the complaint before Council shall be at a public hearing which shall be held within 30 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 Council 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 Ohio R.C. Chapter 2506.
(h) 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 these Codified Ordinances and this chapter, and is not a condition precedent or otherwise an impediment to enforcement of said laws by criminal prosecution.
(Ord. 2014-52. Passed 11-18-14.)