112-83 Amend 719.02 (c)(3) Business - amusement devices

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PLEA~ SUBSTITUTE FOR ORDINANCE SUBMITTED WITH DOCKET ORDINANCE NO. 112-83 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to amend paragraph (c)(3) of Section 719.02 of the Business Regulation of the Codified Ordinances of the City of Lakewood to regulate the operation of coin operated amusement devices by minors in premises licensed by the Ohio Department of Liquor Control. WHEREAS, Chapter 719 of the Codified Ordinances of the City of Lakewood regulates the operation of coin operated amusement devices but exempts from the provisions thereof other than Section 719.141 any business or premises licensed by the Ohio Department of Liquor Control, and WHEREAS, increasing number of complaints are being received from the residents of the community with respect to the operation of amusement devices by minors within liquor establishments, and WHEREAS, the operation of coin operated amusement devices by minors within liquor establishments is now a cause of concern to the Police Department and the Administration of the City of Lakewood, and WHEREAS, it is the opinion of this Council that the regulations estab- lished by Council for the operation of coin operated amusement devices by minors should be applicable to those machines situated within premises licensed by the Ohio Department of Liquor Control, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate public health, safety and welfare and for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That paragraph (c)(3) of Section 719.02 of the Business Regulation Code of the Codified Ordinances of the City of Lakewood now reading as follows: 719.02 CONSTRUCTION; SEVERABILITY; APPLICABILITY. (b) (c) ~p~licability. (1) .. (2) (3) ~h~ ~rovisions of Chapter 719 other than Section 719.141 shall not apply to any business or premises li- censed by the Ohio Department of Liquor Control of the State of Ohio for on premises consumption of alcoholic beverages so long as no greater than twenty-five percent (25%) of an- nual gross revenue is generated from the operation of amuse- ment devices. shall be and the same is hereby amended to read as follows: 719.02 CONSTRUCTION; SEVERABILITY; APPLICABILITY. (a) (b) (c) ~p~licability (1) (2) (3) The provisions of this Chapter other than section 719.141 and paragraphs (q), (r) and (s) of Section 719.12 shall not apply to any business or premises licensed by the Ohio Department of Liquor Control of the State of Ohio for on premises consumption of alcoholic beverages so long as no greater than twenty-five percent (25%) of annual gross revenue is generated from the operation of amusement devices.