[HISTORY: Derived from Articles VII and XI of Chapter 11 of the 1975
Compilation, as amended through 1996; amended in its entirety 5-2-2000
by Ord. No. 12-2000. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 64.
A.
License required of businesses conducted for profit.
No person shall, within the city, establish, keep, maintain or conduct, as
principal agent or employee, any public billiard room, poolroom or shooting
gallery or public place of any description in which the game of billiards,
pool or shooting are carried on, or which includes any apparatus or paraphernalia
for the playing of billiards or pool or for shooting and which is conducted
as a public place of business for profit, without first having obtained and
paid for a license as hereinafter provided.
A.
Filing. Any person desiring to procure a license as herein
provided shall file with the City Clerk a written application upon a blank
form furnished by the city.
B.
Contents. Such application shall contain:
(1)
The name, residence and age of the applicant.
(2)
The length of time such applicant has resided in the
city, his places of previous employment, whether married or single and whether
he has been convicted of a felony or misdemeanor and, if so, what offense,
when and in what court.
(3)
The premises where such poolroom, billiard room or shooting
gallery is to be conducted, giving street and number.
(4)
Whether such poolroom, billiard room or shooting gallery
is to be conducted in connection with some other kind of business.
(5)
Whether the applicant had, either alone or with someone
else, previously engaged as owner or employee in conducting a poolroom, billiard
room or shooting gallery, when and where and for how long.
(6)
The floor on which such poolroom or billiard room or
shooting gallery is to be located, and whether any partitions or obstructions
separate or divide the room therein or in any way prevent a clear view thereof
from the street if on the ground floor, or from the entrance if on any floor
other than the ground floor.
(7)
The number of pool tables, billiard tables and combination
pool-and-billiard tables or guns to be used in such room or gallery.
(8)
Such other information as the City Clerk may require.
C.
Verification. Such application shall be signed and verified
before a notary public.
A.
Approval by City Clerk. Upon the filing of the application
and bond, as provided in the previous section, and the payment of the license
fee hereinafter provided, the City Clerk, upon his approval of such application
and bond after investigation, shall issue to the applicant a license to establish,
conduct and maintain a billiard or poolroom or place or a shooting gallery
as provided herein. No license or permit shall be refused except for a specific
reason and for the protection of the public safety, good order or morals.
B.
Contents of license. All licenses shall be numbered in
the order in which they are issued and shall state clearly the location of
the pool or billiard room or place or the shooting gallery, the number of
tables or guns, the dates of issuance and expiration of the license and the
name of the licensee.
C.
License fees; term. Licenses shall be issued for the
calendar year and shall expire on December 31 of each year. Payment of a license
fee in an amount set by resolution from time to time by the Common Council
of the City of Oneonta shall be paid to the City Clerk before such license
may be issued to a billiard and pool room for each pool or billiard table
used or kept on the premises.
Every person licensed in accordance with the provisions of this chapter
shall immediately post such license and a copy of this chapter furnished by
the City Clerk and shall keep the same posted while in force in a conspicuous
place in the premises where pool or billiard playing or shooting is authorized
to be carried on. The license shall be enclosed in a suitable wood or metal
frame, having a clear glass front and a suitable wood or metal back, so that
the whole of such license may be seen therein.
No licensee keep such public billiard room, poolroom or shooting gallery
or public place open or operate the same after the hour of 12:00 midnight
and before 7:00 a.m. with the following exception: Within Commercial Business
Districts A, B, C, and B-WW, no licensee shall keep such public billiard room,
poolroom or shooting gallery or public place open or operate the same after
the hour of 2:00 a.m. and before 7:00 a.m.
No licensee shall suffer or permit any minor under the age of 16 years
to enter or remain in such public billiard room, poolroom or shooting gallery
or public place open to the public after 8:00 p.m., unless accompanied by
a parent or legally appointed guardian.
A.
Grounds; hearing required. The Common Council may, at
any time, for just cause or any violation of this chapter, and after giving
notice to the licensee and an opportunity to be heard, revoke any license
granted under the provisions of this chapter.
B.
Service of notice. Notice of such hearing and the reason
therefor, in writing, shall be served by the City Clerk upon the person named
in the application by mailing the same to the address given on the application.
C.
Effect of revocation. Whenever any license shall be revoked,
no refund of any unearned portion thereof shall be made, and no license shall
be granted to conduct a poolroom, billiard room or shooting gallery to any
person whose license has been so revoked within a period of one year from
the date of such revocation.
Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.
