[R.O. 2011 §5.12.010; Prior Code §18-103 (part); Ord. No. 4120 §1; Ord. No. 4870 §1; Ord.
No. 5358 §1, 2-28-1983]
A.Â
The
licensing and regulating provisions of this Chapter do not apply to:
1.Â
Billiard tables kept in private residences or apartments and used
without charge by members of the family or bona fide guests;
2.Â
Billiard tables provided on the premises of religious, charitable,
educational or fraternal organizations for the use of members or their
guests, and not for private profit, although a charge is made for
playing; or
3.Â
Billiard tables provided on the premises of bona fide clubs or social
organizations, not operated for private profit, which provide other
membership privileges and activities usual in bona fide private clubs
although a charge is made for playing.
[R.O. 2011 §5.12.020; Prior Code §18-103 (part); Ord. No. 4120 §1; Ord. No. 4870 §1; Ord.
No. 5358 §1, 2-28-1983]
As used in this Chapter, the following terms shall have these
prescribed meanings:
A place at which a billiard table or tables are provided
to be played on for compensation.
Any table (whether coin-operated or not) surrounded by a
ledge or cushion with or without pockets, upon which balls are impelled
by a stick or cue.
A device accepting payment or items representing payments
to allow one (1) or more users temporary use of the device for entertainment
or amusement purposes. Examples of coin-operated amusement devices
include, but are not limited to, video games, pinball games, table
games such as billiards and air hockey, and redemption games such
as the claw and skee ball that may award prizes of tangible personal
property.
A place wherein there are located less than three (3) automatic coin-operated amusement machines for use by the public, except for profit to those organizations and individuals recited in Section 605.410.
A place wherein there are located three (3) or more automatic coin-operated amusement machines for use by the public, except for profit to those organizations and individuals recited in Section 605.410.
[R.O. 2011 §5.12.030; Prior Code §18-104; Ord. No. 4120 §1; Ord. No. 4870 §1; Ord.
No. 5359 §1, 2-28-1983]
No person shall operate a billiard hall, an indoor commercial
amusement center, or a commercial amusement location within the City
without a license as herein provided; and every billiard hall or indoor
commercial amusement center licensed hereunder shall be operated under
the supervision of a person twenty-one (21) years or older; and such
supervisor shall be able to observe the billiard tables and automatic
coin-operated amusement machines at all times. Commercial amusement
locations shall have a supervisory person, eighteen (18) years of
age or older, on the premises at all times.
[R.O. 2011 §5.12.040; Prior Code §18-105; Ord. No. 4120 §1; Ord. No. 4870 §1; Ord.
No. 5360 §1, 2-28-1983]
A.Â
Application
for a license shall be filed with the Director of Finance in writing,
verified by the affidavit of the applicant. The application shall
give the name, age, citizenship and residence of the applicant and
shall state whether the applicant has ever been convicted of a felony,
a misdemeanor or an ordinance violation involving moral turpitude.
If the proposed licensee is a partnership, all partners shall sign
and verify the application; and the foregoing information shall be
given as to all partners. If the proposed licensee is a corporation,
the applicant shall be its principal officer; and the application
shall give the foregoing information as to every person owning twenty
percent (20%) or more of the capital stock and shall give the State
of incorporation and address of the principal office.
The application shall also give the address at which the billiard
hall, the indoor commercial amusement center or commercial amusement
location is to be operated, the assumed name, if any, under which
the business is to be conducted and the number of tables or automatic
coin-operated amusement machines to be used.
B.Â
The
application shall be accompanied by payment of an application fee
of five dollars ($5.00), which shall not be returned but which shall
be credited on the license fee for the first (1st) year if the license
is issued.
C.Â
The
Director of Finance shall refer the application to the administrative
forces to determine whether the application meets the requirements
of this Chapter as to the qualifications of the licensee and the location
of the premises to be licensed; and these findings shall be certified
to the Director of Finance who shall issue or refuse the license accordingly.
[R.O. 2011 §5.12.050; Prior Code §18-106; Ord. No. 4120 §1; Ord. No. 4870 §1; Ord.
No. 5361 §1, 2-28-1983]
A.Â
The
license shall not be issued if the applicant, partner or the principal
officer or any owner of twenty percent (20%) or more of the capital
stock of the corporation:
1.Â
Has been convicted of a felony, a misdemeanor or an ordinance violation
involving moral turpitude; or
2.Â
Is not of good moral character; or
3.Â
Was the owner, part owner, principal officer or stockholder having
twenty percent (20%) or more of the stock of a billiard hall, indoor
commercial amusement center or commercial amusement location in this
City or elsewhere, the license for which was revoked within the previous
five (5) years; or
4.Â
Is under twenty-one (21) years old.
[R.O. 2011 §5.12.060; Prior Code §18-107; Ord. No. 4120 §1; Ord. No. 4870 §1; Ord.
No. 5362 §1, 2-28-1983]
No license for a billiard hall shall be issued at any location
where the proposed operation would be in violation of the Zoning Code
or for any location in a basement or other room wholly or partly below
the level of the street, and no license shall be issued to any applicant
who proposes to operate such place of business within a distance of
two hundred (200) feet of a place already licensed for such purpose.
Such distance shall be measured in a horizontal plane and shall be
measured between those two (2) points or edges of the building areas
occupied by such places of business, which points or edges are determined
by locating the shortest possible linear distance between such places
of business; provided that nowhere in the City shall any license be
issued under this Chapter within a distance of three hundred (300)
feet of any church, synagogue or school building, exclusive of the
grounds surrounding same, or of any public park or playground.
[R.O. 2011 §5.12.070; Prior Code §18-108; Ord. No. 4120 §1; Ord. No. 4870 §1]
The term of the license herein shall be as provided in Section 605.100.
[R.O. 2011 §5.12.080; Prior Code §18-109; Ord. No. 4120 §1; Ord. No. 4870 §1]
The fee for each license shall be as provided in Section 605.210.
[R.O. 2011 §5.12.090; Prior Code §18-110; Ord. No. 4120 §1; Ord. No. 4870 §1]
A.Â
A license
may be transferred to a different lawful location, upon sworn application
and payment of a transfer fee of one dollar ($1.00). Licenses may
not be transferred to a different licensee.
B.Â
A license
issued to a partnership is not voided by withdrawal of one (1) or
more partners so long as one (1) of the original partners remains;
but if a new partner becomes a member, a new license is required unless
the partner already holds a license.
C.Â
A license
issued to a corporation is voided if an unqualified person becomes
the principal officer or acquires twenty percent (20%) or more of
the capital stock.
D.Â
All
changes in the membership of the partnership and all changes in the
identity of the principal officer of the corporation or the ownership
of twenty percent (20%) or more of its stock shall be reported to
the Director of Finance within ten (10) days after they occur.
[R.O. 2011 §5.12.100; Prior Code §18-111; Ord. No. 4120 §1; Ord. No. 4870 §1]
A.Â
The applicant for the license shall file with the Director of Finance a sworn list of the persons to be employed by him/her giving the name, age, citizenship, residence and information as to convictions required in Section 605.440. The list shall be referred to the administrative forces to determine whether each of the proposed employees meets the qualifications required of the operator of a billiard hall or indoor commercial amusement center under Section 605.450 and shall certify the administrative force's findings to the Director of Finance who shall authorize employment of the persons who qualify. In like manner, after an operator's license is issued, the licensee shall obtain authorization for the employment of any person whom the licensee intends to employ and who has not been previously so authorized for employment.
B.Â
It
is unlawful for any person to serve as an employee in a billiard hall
or indoor commercial amusement center during the hours of operation
as such or to employ any person to serve as such during such hours
without the authorization herein required.
C.Â
All
persons licensed under the provisions of this Chapter are always and
at all times responsible for the conduct of the licensed premises;
and all licensees are responsible for the conduct of their employees,
servants and agents while on the licensed premises.
[R.O. 2011 §5.12.110; Prior Code §18-112; Ord. No. 4120 §1; Ord. No. 4870 §1]
Any license issued under this Chapter may be suspended by the
City Manager at any time for the violation of any of the rules, regulations,
provisions, terms or conditions of this Chapter or for the violation
of any law of the United States of America or the State or any provision
of this Code or other ordinance of the City in or about such hall,
room, academy, center or other place on proof thereof satisfactory
to the City Manager. Upon the suspension of any such license, the
City Manager shall report the same to the City Council; and the City
Council may revoke the license or reinstate the same as the public
interest may require. If any license as above provided shall be revoked
for any cause whatever, at least three (3) months shall elapse before
another license shall be issued on or about such premises or other
premises owned, leased, rented, conducted, managed or superintended
by any person owning, conducting, managing, supervising, controlling
or in any manner connected with such place where such license was
revoked; and no license shall then be issued until after the premises
shall have been reinspected and reports thereof made as provided by
this Title.
[R.O. 2011 §5.12.120; Prior Code §18-113; Ord. No. 4120 §1; Ord. No. 4870 §1; Ord.
No. 5363 §1, 2-28-1983]
A.Â
Every
billiard hall, indoor commercial amusement center or commercial amusement
locations shall have unobstructed windows or open space on at least
one (1) side so that the area is open to view by members of the public
passing by on a public street or using a corridor, lobby or other
room to which the public resorts and is admitted without charge. The
licensee shall not permit any obstruction of such public view by the
use of drawn shades, blinds, curtains, screens, partitions or other
structures or screening devices.
B.Â
At
all times when the billiard hall is open for play, the area within
ten (10) feet of every billiard table shall be lighted with artificial
or natural light of an intensity of at least thirty (30) foot-candles.
[R.O. 2011 §5.12.130; Prior Code §18-114; Ord. No. 4120 §1; Ord. No. 4870 §1; Ord.
No. 5364 §1, 2-28-1983]
Children of the age of seventeen (17) years and under shall
not play any billiard game nor play any coin-operated amusement machine
after 10:00 P.M. or before 9:00 A.M. unless accompanied by his/her
parent or legal guardian. No child of the age of seventeen (17) years
and under shall play any billiard game nor play any coin-operated
amusement machine during school hours when school is in session.
[R.O. 2011 §5.12.140; Prior Code §18-115; Ord. No. 4120 §1; Ord. No. 4870 §1; Ord.
No. 5365 §1, 2-28-1983]
It shall be unlawful for billiard halls and indoor commercial
amusement centers to be open except during the hours of 9:00 A.M.
to 1:30 A.M. the following day, and no person shall play an automatic
coin-operated amusement machine in a commercial amusement location
between the hours of 1:30 A.M. and 9:00 A.M.
[R.O. 2011 §5.12.150; Prior Code §18-115.1; Ord. No. 5366 §1, 2-28-1983]
A.Â
The
licensee of any billiard hall, indoor commercial amusement center
or commercial amusement location shall post and maintain the following
notice in a conspicuous place on each billiard table and automatic
coin-operated amusement machine. Such notice shall be in lettering
no smaller than one-half (½) inch print. All posted notices
shall be furnished by the licensee and shall be of permanent design.
They shall not be removed or defaced and if lost, removed or defaced,
shall be immediately replaced:
1.Â
Notice of regulations.
a.Â
It shall be unlawful for any person seventeen (17) years of age or
under to use this device before 9:00 A.M. or after 10:00 P.M. unless
accompanied by parent or guardian.
b.Â
It shall be unlawful for any person seventeen (17) years of age or
under to use this device during school hours when school is in session.
c.Â
It shall be unlawful for anyone to use this device between the hours
of 1:30 A.M. and 9:00 A.M.
B.Â
Any
violation of the above could result in fine or imprisonment, or both
fine and imprisonment.
