§ 111.034. Revocation—Hearing procedure.

A.

The license may be suspended or revoked at any time by the Entertainment Device Arcade License Review Commission on satisfactory proof that violation of the laws of the state, ordinances of the city, or of this article occur on the premises. In addition to any license suspension, the Commission may assess the licensee a penalty fee of not less than five hundred dollars nor more than one thousand five hundred dollars for any violation of this article. 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 Commission is in addition to and separate from any criminal liability and does not preclude criminal prosecution for any violation of this article or other city, state or federal laws.

B.

The Commission shall consist of the Mayor or his designated representative, the Clerk of Council or his designated representative, and the Law Director or his designated representative.

C.

Any resident of the City may submit a written notice of complaint to the License Division in regard to any entertainment device arcade location. The notice of complaint will include the name and address of the resident, the address of the location, and the specific reasons why the resident is complaining. The License Division or a designee from law enforcement 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.

The License Division or its designee from law enforcement shall meet with the complainant and inquire as to the specific reasons for the complaint. The License Division or its designee 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 the resident.

E.

No appeal shall lie from the decision of the License Division to dismiss a complaint.

F.

If the complaint is not dismissed by the License Division, the License Division 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 License Division and the License Division may request the assistance of any person in law enforcement to assist in the investigation. The License Division and its designee and any 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.

G.

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 License Division will direct the licensee to comply with the solution in his notice of reconciliation.

H.

If the parties cannot agree upon an amicable solution to the problem, the License Division will transmit the complaint, together with its recommendation thereon, to the Entertainment Device Arcade License Review Commission. The License Division's recommendation may be for dismissal of the complaint, suspension of the license and assessment of penalty fees, or revocation of the license.

I.

The Commission may accept, reject, or modify the recommendation of the License Division. 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 Commission 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 Commission 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 Commission 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 R.C. Chapter 2506.

J.

This complaint process is separate and distinct from any law enforcement action taken to enforce the laws of the state or the City and this article, and is not a condition precedent or otherwise an impediment to enforcement of said laws by criminal prosecution.

(Ord. 370-2008)