Wednesday, January 19, 2011
YOUNGSTOWN
The city’s restrictive policy on the location of Internet-caf -sweepstakes businesses looks like it will kill plans for such a facility on East Midlothian Boulevard.
The city’s board of zoning appeals was going to reject a request Tuesday for an Internet-game caf there because it violates a law approved by city council Oct. 20. But with only three of its seven members at the meeting, the board couldn’t take any action because of the lack of a quorum. The board next meets Feb. 15.
An Internet caf is a business that permits customers to buy Internet time and go on websites to play sweepstakes games of chance. Those who win the games receive money or prizes.
The city’s Internet-game-caf law prohibits such businesses from operating within 500 feet of any church, school, library, playground, public park or private residence.
There are at least 10 houses within 500 feet of the proposed location for the business, 840 E. Midlothian Blvd., a former McDonald’s restaurant, said Ray DeCarlo, the city’s zoning specialist.
There is no wiggle room to waive that requirement, said DeCarlo, Bill D’Avignon, the city’s community development agency director, and Charles Shasho, the city’s deputy director of public works and chairman of the board of zoning appeals.
The law “doesn’t leave a whole lot of room for interpretation,” Shasho said.
DeCarlo issued a permit Dec. 15 to Joseph M. Sabatini, a Pittsburgh businessman, for an Internet caf at the East Midlothian location. DeCarlo said he didn’t know that the council’s new policy included the 500-foot restriction. When he found out about the restriction Jan. 3, DeCarlo said he revoked the permit.
DeCarlo complained Tuesday that he wasn’t asked to provide input into the game-caf law as is typical in land-use policies.
Councilman John R. Swierz, D-7th, who was involved in getting the proposal signed into law, said everyone had about two months to provide input into the legislation before it was approved.
There are four locations in the city with these electronic games of chance.
In addition to restricting their locations, the law also requires annual licensing fees to the city.
Those with 100 or more machines must pay a $6,000 annual fee in addition to $25 per machine every six months.
Those that would have four to 99 machines, such as the one Sabatini wants to open, pay a $4,000 annual fee and a $25-per-machine charge every six months to the city.
Sabatini, who co-owns Internet caf s in Austintown and Boardman, questioned the fairness of the city law and discussed a possible lawsuit.