Spin to Win owner cited

Norwalk Law Director Stuart O'Hara plans to have the police issue daily citations to Spin to Win until the East Water Street business gets the proper zoning permit. The business, which opened last week, is accused of violating the city's general business zoning code for not having the proper permit for eight Tic Tac Fruit machines. O'Hara said bettors put money into the machines and win prizes by lining up pieces of fruit on a video screen. Proponents say it is a game of skill, but authorities consider it a game of chance, making it illegal in Ohio. "Basically, (the owner) needs a controlled-use permit to operate the business," O'Hara explained, noting that the machines are the basis of Spin to Win's business.
Cary Ashby
Jul 25, 2010

Norwalk Law Director Stuart O'Hara plans to have the police issue daily citations to Spin to Win until the East Water Street business gets the proper zoning permit.

The business, which opened last week, is accused of violating the city's general business zoning code for not having the proper permit for eight Tic Tac Fruit machines. O'Hara said bettors put money into the machines and win prizes by lining up pieces of fruit on a video screen.

Proponents say it is a game of skill, but authorities consider it a game of chance, making it illegal in Ohio.

"Basically, (the owner) needs a controlled-use permit to operate the business," O'Hara explained, noting that the machines are the basis of Spin to Win's business.

Owner David J. Pugh, 57, of 32 N. Old State Road, was issued a summons Saturday and charged with operating without a zoning permit in connection with customers using the Tic Tac Fruit machines

"He is being issued one a day until he stops," O'Hara said.

A Norwalk officer said he saw five people using the machines when the business was open late Saturday afternoon. Pugh, according to the report, said he would contact O'Hara about how to apply for the permit.

"From us, he needs a zoning permit," O'Hara said today.

Spin to Win is open from noon to midnight seven days a week.

City zoning officer Linda Hebert sent the business a letter Aug. 21, instructing operators Ed and Bonnie Cordle to "cease and desist operation immediately because the proper zoning permit had not been obtained." Two detectives went to Spin to Win and spoke to one of the operators who showed the officers a letter dated Aug. 24 from business attorney Reese Wineman.

"All three of them have had citations," Norwalk Police Chief Kevin Cashen said, referring to Pugh and the Cordles. There were no telephone listings for the three people who face a $100 fine on each charge.

Starting Wednesday or Thursday, the law director's office instructed police to issue citations "to the person operating the business at the time" in connection with the zoning violations, Cashen added.

"I know it's the city's desire for them to simply follow the zoning code. He can apply for the variance, which to date he has not done," the chief said this morning.

Wineman, Spin and Win's attorney, has disputed the zoning violation, calling the situation a "misapplication of the zoning ordinance." Wineman said last week he believes the local authorities are singling out Spin to Win.

"I believe that there are other businesses in more restrictive business zones which have pool tables and other forms of entertainment that are coin-operated," Wineman said Thursday.

Last month, Attorney General Marc Dann ordered 50,000 of the machines be shut down and sought to overturn a judge's order stopping the state from enforcing a ban on Tic Tac Fruit machines. Dann has argued that if the machines continue to operate, they would lead to neighborhood degradation, gambling addiction, prostitution and other social problems associated with gambling.

However, the 10th Ohio District Court of Appeals has said the temporary restraining order must be resolved by a lower court.

Comments

Ex Norwalk resi...

With all the other problems the area has, the police force is putting forth that much effort into ruining a new business? Good job. Just goes to show, in the 10 years I have moved away, the backwards thinking officials are still in charge.

Drive them all away until nothing remains of your pathetic town.

Private Ben (An...

Why not look at all of the private clubs and bars in town that have these machines and pay out thousands of dollars TAX FREE to people who win. I would think that is tax evation on both parties!!

Congratulations...

Mr. Pugh, this way to the stockade, Ms. Baker will be so happy to see you.

Norwalktaxpayer...

I understand there must be rules and guidelines in place, but I don't think I like this.
Assuming the owner does apply for the proper permit, will he have any chance in the world of actually getting it?
The answer is almost certainly no.

Do I think these machines offered at this business are games of skill, instead of games of chance? No. But so what?
Many states offer legalized gaming, including Ohio (The Ohio Lottery's instant win and other games).
I'm all in favor of regulated gaming. It works in other locations, and it certainly could work here.
I don't mind going to Detroit or Windsor once in a while to play slots or cards, but I'd rather stay in Ohio to do it.
If you don't like it, stay away from it.
As far as its negative effects on society, spare me that argument. It can't be any worse than some of the other things already offered, including any bar that serves alcohol and liquor.

re: Ex Norwalk ...

Yet, you continue to read our pathetic newspaper? what, doesn't your new found 'oh great town of mine' print one? You're a whaaaa whaaaa, and I'm glad you moved.

JEF (Anonymous)

Ohio AG Marc "...Dann has argued that if the machines continue to operate, they would lead to neighborhood degradation, gambling addiction, prostitution and other social problems associated with gambling. AG Dann also might note that lack of gambling in Ohio will also result in lost tax revenue to border states that allow gaming. What decade of the nineteenth century is this guy liven' in?

way to go for y...

keep those machines and business.the people in norwalk people should think that if ohio had gambling it would be better for ohio. the ohio lottery money only goes to cleveland. then look at cleveland, that city doesnt spend the money where it should go.so ohio people get a brain and think of what ohio lottery does for only cleveland.the lottery big winners are always from cleveland, think they do that so they can tax them in there city. Ohio Gambling should be allowed.
keep doing all you have to do to fight them tooth and nail.

What a deal (An...

Im glad the city doesnt know about the card games in my garage.Or my bar room pool table that gets used 24/7

Norwalktaxpayer...

JEF,

We agree on something!!!

El Monte Slim (...

Let adults decide for themselves. If you are of age and want to smoke,or drink,or gamble have at it. Just be responsible about it and don't expect me to pay if you lose your shirt,or house, or your wife boots you to the curb.

swiss family .....

how can there be a problem here ?? is the Ohio Lottery , a game of skill or chance ?? and yet it is legal > and what about all of the church bingo games , again , is that a game of skill or chance?? why can't the state just leave it alone and let people spend their money , any way that they want to ?? as far as all of the negative effects that will come forth because of the gambling .. haven't we all heard that before?? isn't this the same arguement that was used when the strip club went in out in fitchville.. i have yet to see any murders , rapes , or any other illegal activities going on out there as a result of the strip club operating ??

norwalkian (Ano...

the norwalk police and mayor need to get a life, this is bs, prostitution and gambling addiction my a**

Candy (Anonymous)

This harrassment is pathetic! I hope Mr. Pugh succeeds in his fight. Back off Diaper Boys!

JEF (Anonymous)

Norwalktaxpayer: " JEF, We agree on something!!! "
I'll drink to that. :)

swiss family .....

plus to add to my ohio lottery comment, odds are you'll have fun! dee dee dee

Sarah (Anonymous)

I love Spin To Win and I love Dave Pugh! He is a VERY nice man who is very kind and nice to EVERYONE he meets. He has been an inspiration to me and my family-we love him! We will also support him in what ever way is necessary.

Otto (Anonymous)

Well, Were they cited Friday the 7th or were they closed?

B15,I25,N35,G55...

Swiss Family asks 'how can there be a problem here ?? is the Ohio Lottery , a game of skill or chance ?? and yet it is legal > and what about all of the church bingo games , again , is that a game of skill or chance?? why can't the state just leave it alone...'

As for the Ohio Lottery and MegaMillions games, they are state operated and vendors must be licensed to provide the lottery service in their existing establishments. As for BINGO, the organization operating the game must hold a BINGO license, and all profits must be for charitable use. The state does already enforce this code. Indeed, there are currently two BINGO's at the St. Paul Social Hall right now because the two parishes were licensed to use BINGO for their individual schools. The licenses to operate are in the name of each parish, so one BINGO is operated by St. Mary and the other by St. Paul. When the licenses expire, it is my understanding that a new one will be applied for to support the school under the name of Norwalk Catholic Schools. When that happens, there will be one BINGO party for the school system.

As to the Fitchville reference, the trustees attempted to rezone after the fact which created the controversy. Had they acted before hand, as many communities and townships did when they learned from the Fitchville issue, there would have been no retroactive issue and no strip club.

JEF (Anonymous)

The basis of the problem is that Ohio must seriously consider legalizing gaming in the state or risk the prospect of raising revenue by continually increasing taxes on its citizens and business to pay for the burgeoning costs of govenment sponsored services. If the current state of taxation in Ohio is not addressed, we will face a negative population growth with high taxation not unlike many of the N.E. states.

swiss family......

to "B15 I25etc"... your reasoning doesn't make any sense .. it's just like when you would ask your parents "why" and they would say " because i said so , that's why" .. you act as if gambling is only ok if is operated by the state ?? why is that ?? if bingo is ok , and the lottery is ok , then why isn't any other form of gambling ok then ?? its kind of like if your parents smoked dope, it is against the law for everyone !! but because they are "special " then it's ok for them?? it just doesn't make any sense , and i for one am tired of being treated like a child by the government , when my " parents" (the state) is held to a different set of standards

gas guzzler (An...

i would like to take this time to thank everyone who has done their part by not buying gas in Norwalk , until they brought their gas prices down to a competative range .. i am happy to report that i had to drive to Sandusky , and to Lorain this past week .. and the difference in the price of gas was only about 8 cents per gallon !!!! yeah !! we have made a difference , and we should be proud of that .. it used to be that Norwalk was anywhere from 20 to 30 cents higher per gallon , than the entire surrounding area .. but i guess the gas station owners in Norwalk got the message , that we will travel elsewhere to buy our gas , if you continue to gouge us .. so again .. thank you to everyone involved in our protest .. we definately did make a difference ...

Re: swiss famil...

Is it me, or do you pick a fight with everyone on here? Everyone knows more than you do. You're like Rosie O'Donnell, you're a bully. Always picking a fight...

swiss sounds li...

a stoner....is your dad Cheech or Chong??

swiss family......

to "re swiss family" what a creative name by the way !!!! you have blown my cover .. now everyone knows my identity !! darn it .. i can't help it , i have plenty of time to comment on things all over the world , now that i left "THE VIEW" i really don't think that whoopie will do that great of a job , trying to take my place , but i wish her alot of luck !!anyway ... my comment to you is .. please show some creativity , and come up with your own identity , instead of "leaching " on to someone else's name as you have .. how boring you seem to be "re swiss family"

Hellooooooooooo...

i think Re: swiss family is mearly stating 'REPLY to swiss family...' nobody wants your name and the reputation that goes with it. Re: is short for Reply, you knucklehead.

what's all this...

its kind of like if your parents smoked dope, it is against the law for everyone !! but because they are "special " then it's ok for them??

swiss family......

of course my dad's name is cheech ... i am swiss cheech ....lolol not swiss chong , that is just wrong !!! lol

so................

in otherwords, your parents are stoners, and they're special, so it's ok...right???

swiss family......

sorry , to burst your bubble , but my parents have undoubtedly , NEVER touched , or smoked weed in there entire lives !!! i don't think i can say the same about you !!!!

RE: swiss famil...

shouldn't you be out on a ledge somewhere?

Pages