By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — In an attempt to crack down on sweepstakes gaming at Internet cafes, the Ohio House of Representatives approved House Bill 605 during Wednesday’s lame-duck session, 63-30. The bill will now go before the Senate, which is expected to meet sometime within the next week. If passed, Internet cafes will cease to exist in Ohio, not particularly because they will be banned, but because there will be a cap set on the daily prizes.

House Bill 605 bans cash payouts and places a $10 cap on the value of other prizes awarded from buying the long distance phone cards that are used to play the electronic games.

Passage of House Bill 605 will affect more than 800 Internet cafes throughout the state, including the Red Door in Logan. And could possibly eliminate 4,000 jobs in a state that is already depressed. While some argue that Internet Cafes are not gambling facilities, the computer games in the cafes are similarly sounding to slot machines, video poker and video Keno games found at the casinos.

The difference is that instead of constantly feeding cash into a slot machine, sweepstakes customers buy Internet time that can cost the player anywhere from 25 cents to $1 a minute on phone cards. The customers are then given magnetic swipe cards loaded with sweepstakes points or passwords to get into the computer in order to enjoy sweepstakes play time on the machines.

Points accumulate on the machines just as with slot machines, and the more points accumulated, the bigger the potential prize.

Ohio Attorney General Mike DeWine thanked the Ohio House of Representatives for its passage of the bill that would establish strict limits on sweepstakes gaming at Internet cafes.

“I thank Speaker [William] Batchelder, representatives [Matt] Huffman and [Louise] Blessing, and the Ohio House of Representatives for taking action on the unregulated gambling taking place at Internet cafes across Ohio. HB 605 is a major step forward to protect Ohio consumers. I look forward to and encourage swift passage of HB 605 in the Ohio Senate,” said DeWine.

Local Internet café owner Dancing Elk, who continues dealing with issues with the Ohio Department of Commerce over building code violations, feels that the Internet café legislation is a violation of the 14th Amendment.

“I don’t see where we are doing anything illegal or immoral. I’m amazed at the misrepresentation to the public,” he remarked. “They’re demonizing us and associating us with money laundering, the sex trade and racketeering. That may be a small portion of the business, but it’s not all of us.”

Dancing Elk further indicated that he pays his taxes and has complied with all laws set forth when he signed a moratorium with DeWine’s office this past year.

“You know, we are no different than the Publisher’s Clearing House or McDonalds. That’s all sweepstakes, just as this is sweepstakes,” he explained. “I can’t determine on the machines who’s going to win. These machines have clients nationally and the payout is 95 percent, which is better odds than that in a casino or racino.”

He has mixed emotions at this point on whether his tribally connected business will survive, but added, “It’s hard to say what’s going to happen, but I would be willing to use my knowledge of the gaming laws against theirs — they’re just trying to eliminate the competition, that’s all — competition of the casinos.”

While he holds out hope, he said, “We’ve been fighting the cause for common man and our freedom — in this town. We give to the community and moved in here thinking we were helping the community.”

“As a Native American, we have been fighting the government for over 300 years,” he chuckled. “We’re used to it.”

In addition, Dancing Elk indicated that the government is making it difficult to operate an Internet café, but appears to be more open to allowing casinos and said he wouldn’t be opposed to opening a casino in the area.

“If they want us to be a casino, I’ll open one. Give me my casino license and my tribe will open a casino. I’ll get investors and my tribe will do this,” he said.

By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — The Red Door Internet Café is now open for business. The store opened Wednesday for its first full day of business at 54 E. Main St. in downtown Logan.

“We’ve had a lot of customers who have been waiting for us to open and today will be our first full day,” said owner Dancing Elk.

Customers who frequent the business can purchase Internet time on 11 new machines or access the business website, (link removed), from the comfort of their homes and play one or all 25 sweepstake games.

In order to play, participants must be over the age of 18 and show proof of age. Once customers purchase Internet time at the business, they can access the sweepstakes games on the website with their chosen ID and password. Time can be purchased in dollar increments, according to Dancing Elk. Red Door will be open seven days a week from 10 a.m. to midnight.

“We are just taking it one step at a time,” he said. “We have the latest up-to-date machines and are providing the convenience of using the machines here or accessing the website from home.” The new establishment has a sitting area for customers to relax with wireless access, as well as a snack area and sweepstake machines.

Phone cards also can be purchased, which give 10 minutes of phone time, and also serve as a scratchoff game that allows the customer the chance of winning up to $500.

BY DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — After struggles and complications of getting his business up and running, Dancing Elk, owner of Red Door Internet Cafe & Arcade, has given up the hope of opening the doors at 54 E. Main St. in Logan.

“I tried to fight for what is right, but we are just going to take a different path,” Dancing Elk said in a phone interview Wednesday. “There’s just too much to deal with.”

Dancing Elk relocated his business from Spring Street to the Main Street location in hopes of opening sometime in early October. However, a stop work order was placed on the front door by Logan Fire Chief Brian Robertson last week for code violations on the building.

This left Dancing Elk in a quandary with opening his business in a timely manner. Building owner Mike Nihiser received a notice of violation on the building on or about Aug. 25 with 30 days to comply with the notice. When questioned, Nihiser stated all violations were taken care of and he knew of no pending violations.

On Tuesday, five state officials arrived to inspect the building, but Nihiser was not present so the building inspectors left, leaving Dancing Elk without any answers. David Weber Jr., who leases and lives in the building, also was not present.

During a phone interview with Nihiser, he stated he has tried to reach out to the state, but no one has returned his calls and he was unaware he was supposed to be on hand for the inspection on Tuesday. “I mean, come on now — a 24 hour span is a long time. What was I supposed to do? Camp out there until they showed up for the inspection?” he asked.

“I have called twice for Mr. Eaton,” he said. “And no one has returned my calls.”

Nihiser is hoping that with the violations against his building, that all parties involved are playing fair. “Where is all of this going to stop? They have to be fair about it,” he said.

“When someone opens a business downtown or anywhere, is the fire chief going to be fair? Are they going to be inspected like we are? My question is, are they going to make this big of a deal with all new businesses?” he questioned.

“I just don’t think they are being consistent,” Nihiser said.

While Nihiser has many questions, he stated he is waiting for someone to call him and tell him exactly what is needed to correct any existing problems with the building.

Dancing Elk was advised he now has the opportunity to appeal on the state level, but the process could take months.

According to Dancing Elk, he would need to hire a state-certified architect for the floor plans, and the plans would need to be signed off on — which could become very costly.

“I am just stymied by this,” he exclaimed. “This could cost thousands of dollars. I’m just astounded and don’t understand.”

Logan Fire Chief Brian Robertson stated it’s the State of Ohio that has the violation on the building. However, it was his office that issued the stop work order due to not having the proper permits. “It’s in the state’s hands, but anytime you change the footprint of a commercial building without state approved plans, it’s a violation of state code,” Robertson said.

Matt Mullins, spokesperson for the Ohio Department of Commerce told The Logan Daily News in a phone interview, “It’s the building owner who must comply with the violation notice, not the occupants. In this case, it’s Mr. Nihiser who must comply with the change of use and occupancy violation.”

Mullins said Wednesday that Nihiser will be given an adjudication order once it has been prepared for the building code compliance. “We have received no cooperation at all from the building owner (Nihiser) during this process,” Mullins stated. “We have gone through the process and reached out to him on numerous occasions, but he has not submitted any plans for approval.”

For now, it’s another disappointment and setback for Dancing Elk, who is stuck in time warp battle with the Department of Commerce trying to enforce compliance rules with building owner Nihiser. In the meantime, Dancing Elk said, “I’m just washing my hands of the whole thing. All I wanted to do was open a business downtown and help the economy.”

BY DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — Red Door Internet Café & Arcade has relocated from its Spring Street location to 54 E. Main St., with plans to reopen in two weeks.

However, with pending code violations on the building and a stop work order placed on the front door by Logan Fire Chief Brian Robertson, the opening may be delayed.

Robertson said he acted on a tip that renovations were being made to the inside of the building without the proper permits in place from the state.

“He’s making changes to the inside of the building without state approved plans,” Robertson said Wednesday after placing the stop work order on the door.

“It’s a violation to do any construction or alterations of a building in the state of Ohio without the proper permits or state approved plans,” he continued, explaining the need for the order. Dancing Elk, Native American owner of the new Red Door Café & Arcade, is sub-leasing the building from David Weber Jr., who in turn leases the building from owner Mike Nihiser of Logan.

With a two week window for opening the new business, Dancing Elk said he will do everything in his power to make sure all code violations have been taken care of and the building and business has all its permits as required by the city and state.

When asked if he knew there were pending fire code violations on the building for change of use and occupancy, Dancing Elk replied "no comment."

When asked if he told Nihiser about relocating his business to the Main Street address, he also had no comment.

“We will take it one step at a time and I will deal with the issues as they arise,” he said when told of the building violations.

Following a public records request, The Logan Daily News obtained information about eight building violations from the Ohio Department of Commerce. Nihiser stated that to his knowledge there are no other violations pending, but records indicate that on Aug. 25. a notice of violation was filed by the state.

According to the notice, the building is in violation of the fire code for change of use and occupancy. A reinspection is scheduled for Sept. 25 to determine if the violations have been corrected. Dancing Elk says he would like to open an adult Internet café and later a family-oriented arcade. Along

with the renovations and expansion of the business, Dancing Elk said jobs will be created. With another new business on Main Street, it will help draw people to the downtown area where it is needed, he added.

“I have complied with all the laws and I’m an upstanding citizen of the community despite the opposing forces placed in the way because we’re doing something different," he said. "The town now has the unique opportunity to welcome a new business to draw future tourists to the area when others are moving out of the downtown area.”

Dancing Elk said all rules will be strictly enforced and no one under the age of 18 will be permitted inside the Internet café. Those visiting the café will be able to purchase Internet time and also have the opportunity to win prizes.

The name Red Door is significant to the Native American reference to the Red Road. It is a concept of the right path of life, as inspired by some of the beliefs found in a variety of Native American spiritual teachings. Native American’s spiritual teachings are diverse, and while there are sometimes common elements, the ceremonies and beliefs are unique to the people of the diverse bands, tribes and nations.

Dancing Elk said he is thankful and welcomes the community’s support of not only the Red Door Internet Café & Arcade, but also Mingo Trading Company.