(a) No person, partnership, corporation, or other entity shall operate or conduct a sweepstakes/internet café without first obtaining a license from the city. Every person, partnership, corporation, organization or other entity shall make an application in writing to the city, which application shall set forth:
(1) The name 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 date of birth of any manager, supervisor, and all other employees;
(4) The name, address, and date of birth of the owner or owners of the entertainment devices;
(5) The name, address, date of birth, 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, date of birth and principal occupation of that individual.
B. A firm or partnership: the names, home addresses, dates of birth, and principal occupations of each member of the firm or partnership.
C. A corporation: the names, home addresses, dates of birth and principal occupations of all directors, officers and shareholders owning more than 25% of the outstanding shares.
(6) The name, address, date of birth and principal occupation of the statutory agent for the firm, partnership, or corporation.
(7) The name, description, model number and serial number of each computerized sweepstakes device on the premises and any other device on the premises that is necessary to the operation of the computerized sweepstakes device.
(8) A list of each separate prize that may be given out and each separate dollar amount that may be given; and 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 a computerized sweepstakes device or participation in any other activity or promotion in the sweepstakes/internet 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 computerized sweepstakes devices or to devices necessary to operate the entertainment devices, whether any such provisions are sold, leased or licensed.
(10) The application is to include supporting documentation from a Certified Independent Regulatory Compliance Testing Laboratory that the software performs in similar fashion as other permitted sweepstakes commercially offered to the public and that the entries are drawn from a pre-created finite static pool of entries with assigned values. To be certified, the Independent Regulatory Compliance Testing Laboratory must be authorized to test regulated gaming equipment by at least one state government gaming regulatory agency.
(b) The person, partnership, corporation, or other entity operating or conducting the business shall have a continuing duty to inform the city as to changes in the information required in this section. No person, partnership, corporation, or other entity shall operate or conduct a sweepstakes/internet café at any time unless the information on file with the city is current and accurately reports the licensing information at the time of operation.
(c) If an application is not approved, the city shall notify the applicant in writing, with reasons for rejection.
(d) The city 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. All owners, employees and persons having an interest in the business, as set forth in subsection (a)(5) of this section, shall consent to a criminal history check by the Xenia Police Division.
(e) As a prerequisite to the issuance of such license, an inspection shall be made of the premises by the Fire Division and the premises must be in compliance with all applicable fire regulations. The sweepstakes/internet café shall be open to inspection and viewing of operations by law enforcement officers and fire division personnel at all times of operation. No operator shall fail to immediately permit entry to any such city officials.
(f) Failure to register or pay a license fee for a computerized sweepstakes device shall be grounds for suspension or revocation of the license for the establishment and said device shall be seized and forfeited to the city.
(Ord. 11-69, passed 11-22-2011)