§ 111.036. Miscellaneous operating requirements.

A.

Any entertainment device arcade shall have an adult who is twenty-one years of age or over on the premises and supervising at all times the entertainment devices during all hours of operation.

B.

The interior of the entertainment device arcade shall provide a minimum area of fifty square feet per entertainment device in each room in which entertainment devices are located.

C.

No operator shall permit the sale, possession or consumption of alcoholic beverages on the premises of an entertainment device arcade.

D.

No operator shall fail to maintain order and quiet on the premises so as not to violate the public peace.

E.

No persons under the age of eighteen years shall be permitted on the premises of any entertainment device arcade.

F.

The operator shall require a photo identification of every person to whom anything of value is given in connection with the entertainment device arcade 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 an entertainment device 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 photo identification and the person's social security number. By the second Tuesday of each month the operator shall cause to be delivered to the City Income Tax Division a copy of the record of things given to persons together with the above required information given during the preceding month. The operator and the Income Tax Division shall not disclose the social security number of any person to anyone except as required by the laws of the State of Ohio and the United States government.

G.

The operator shall post in a conspicuous place on the premises in the room where the entertainment devices 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 License Division, as required in Section 111.021(A)(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.

H.

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. Records more than ten years old are excepted from this requirement.

I.

No applicant shall make a false or incorrect statement in an application for an entertainment device arcade license and no operator shall fail to update the information supplied to the License Division to reflect existing operations as required in Section 111.021(B).

J.

Failure to possess a valid Certificate of Registration from the City of Akron Income Tax Division shall be cause for suspension of the entertainment device arcade license. The Certificate of Registration may be revoked by the Income Tax Division for failure by the licensee to remain current in the filing of required tax documents, for failure to remain current in the required payment of taxes, and for failure to comply with Section 99.09 of the Akron City Code.

K.

It is the intent of this chapter that operators are strictly liable for any violations of this article.

L.

Any person or entity that has a valid license issued pursuant to Section 111.021 of the Akron City Code is exempt from obtaining a license under Section 111.031.

(Ord. 436-2008; Ord. 370-2008)