52-83 Amend 719 - Business - Coin Op Amusements

Home Browse Search

ORDINANCE NO. 52-83 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to amend paragraph (c)(3) of Section 719.02, paragraphs (a), (b), (c), and (e) of Section 719.14 and to enact a new Section 719.141 of the Business Regulation Code of the Codified Ordinances of the City of Lakewood relating to coin operated amusement devices. WHEREAS, current regulations of the Department of Liquor Control of the State of Ohio which controls the use of on-premise consumption establishments adequately controls the problems to which the adoption of Chapter 719 of the Codified Ordinances of the City of Lakewood was addressed, and WHEREAS, the operation of coin operated machines in those liquor estab- lishments licensed to permit on-premises consumption has not been a cause of con- cern to the Police Department and the Administration of the City of Lakewood and, therefore, it is the opinion of this Council that such establishments should be exempted from the provisions of said Chapter 719 other than to require the licensing of individual machines as in the past, and WHEREAS, further investigation has disclosed that the actual cost of processing applications and making on-site inspections of machines has not been as substantial as was originally estimated and therefore, this Council is of the opinion that a reduction in such fees is justified, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the 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 Re- gulation 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) S~c~ions 719.10(d), 719.10(e), 719.11(a)(3), 719.11(a)(6), 719.11(a)(7), and 719.12(e) of Chapter 719 shall not apply to any business or premises licensed by the Ohio Department of Liquor Control for on-site consumption of alcoholic bev- erages. shall be and the same is hereby amended to read as follows: 719.02 CONSTRUCTION; SEVERABILITY; APPLICABILITY. (b) (c) ~p~licability. (1)... (2) . (3) ~h~ provisions of Chapter 719 other then Section 71g.141 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 25% (twenty-five percent) of annual gross revenue is generated from the operation of amusement devices.