A.
No licensee under this article, or his agent or employees, shall permit or allow any minor actually or apparently under the age of 16 years to play thereon or to use any pooltable, billiard table or bowling alley or to be or remain in, except on business, or to frequent any room where the game of pool or billiards or bowling is played as described in § 44-5, unless accompanied by the parent or guardian of such minor or unless employed therein with the consent of the parent or guardian of such minor.
B.
It shall be a violation of this article for any minor under the age of 16 years to play upon or use any pool or billiard table or bowling alley as described in § 44-5 or to be or remain in, except on business, or to frequent any room or place where pool, billiards or bowling is played as described in § 44-5, unless accompanied by a parent or guardian or employed therein with the consent of the parent or guardian of such minor or to represent that he is 16 years of age or over.
C.
It shall be a violation of this article for any person
to play in a game of billiards or pool or to bowl or play in a bowling alley
or alleys with such a minor with knowledge of such minority or to entice such
a minor to engage in a game for money or other valuable things or make a wager
with a minor upon the results of a game or games.
A.
Windows. Where there is a window or windows in any room
or place where pool, billiards or bowling is licensed to be played under this
article, not less than the lower 1/2 part of such window or windows shall
be of clear glass and shall not be screened or curtained at any time, nor
shall there be any article or thing placed so as to prevent a full, clear
and unobstructed view of such room or place.
B.
Private rooms, etc. There shall be no enclosed box or
stall or private room, and no partition or screen forming a box or stall or
private room shall be permitted.
C.
Interior rooms. There shall be no interior billiard room
or poolroom not having a principal door or entrance, and such door and all
other doors entering a room or place where pool, billiards or bowling is licensed
under this article to be played shall have therein a section of clear glass
sufficient to afford from the outside a clear view of such room or place.
D.
Rest rooms, closets, etc. None of these provisions, however,
shall be construed to prevent the maintenance of washrooms or toilet rooms
for proper purposes or maintaining of closets for storing purposes exclusively.
It shall be unlawful for any licensee under this article, or his agents,
servants or employees, to:
A.
Suffer or permit any dice to be thrown or to suffer or
permit any cards, raffles or other games of chance or any form of gambling
in the place where pool, billiards or bowling is licensed to be played or
in any yard, booth, garden or other place appertaining thereto or connected
therewith.
B.
Suffer or permit such premises to become disorderly.
C.
Sell, barter, furnish or possess or permit in such room
or place any liquors or beverages for which the establishment is not licensed
or does not hold a permit or any controlled substances as the same may be
defined or regulated by state or federal law.
D.
Harbor intoxicated persons on the premises or to allow
intoxicated or partially intoxicated persons to resort thereto.
E.
Allow foul, profane or obscene language to be used or
any obscene acts to be committed on the premises.
A.
No person shall, within the limits of the village, establish,
keep, maintain or conduct as principal, agent or employee any public billiard
room or bowling alley, penny arcade, machine parlor or place of amusement
or public place of any description in which the game of billiards, pool or
bowling is carried on or which includes any apparatus or paraphernalia for
the playing of billiards or pool or for bowling and which is conducted as
a public place of business for profit without first having obtained a license
from the state and a license as provided in this article.
B.
The provisions of this section shall not apply to any
club or organization formed in good faith, the privileges of which shall be
enjoyed only by the members thereof who pay for such privilege a stated sum
as a membership fee, except that such club or organization shall obtain from
the Village Board of Trustees a permit before it may obtain a room or rooms
in which bowling, pool or billiards are played. Such permit may be refused
or at any time revoked by the Village Board of Trustees for such cause as
it, upon investigation, deems sufficient.
A.
Any person desiring to procure a license as herein provided
shall file with the Village Clerk a written application upon a form furnished
by the village. Such application shall contain the names, residences and ages
of the applicants, if an individual, firm or partnership, or the names of
the shareholders or members and principal officers, their residences and ages,
if the applicant is an association or corporation. It shall also give the
name or names of one or more persons, together with their addresses and telephone
numbers, whom such firm, partnership, corporation or association shall designate
as manager or person in charge. Such application shall further state the following:
(1)
The length of time such applicant or applicants, if an
individual, firm or partnership, corporation or association, has or have resided
in the village, his or their places of previous employment, whether married
or single, whether he or they or any of them have been convicted of a felony
or misdemeanor and, if so, what offense, when and in what court and the disposition.
(2)
The premises where such poolroom, billiard room or bowling
alley is to be located or conducted, giving street and number, whether the
applicant is the owner or tenant and a description of the nature of the business.
(3)
Whether such poolroom, billiard room or bowling alley
is to be conducted in connection with some other kind of business and, if
so, a description of the other business.
(4)
Whether the applicant or applicants or manager had, either
alone or with someone else, previously engaged as owner or employee in conducting
a poolroom or billiard room or bowling alley, when, where, for how long and
with whom.
(5)
The floor on which such poolroom, billiard room or bowling
alley is to be located and whether any partitions or obstructions separate
or divide the rooms 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, and what soundproofing measures or installations
will be made.
(6)
The number of pooltables, billiard tables, combination
pool and billiard tables and bowling alley beds in such room or place.
(7)
The number of employees anticipated.
(8)
The location and dimensions of parking facilities for
customers and employees.
(9)
Whether food, beverages, refreshments or liquor is proposed
to be sold.
(10)
A description of proposed improvements to the premises,
including sanitary facilities.
(11)
Proposed hours of operation of the business.
(12)
Such other information as the Village Board of Trustees
may from time to time require.
B.
Such application shall be signed and acknowledged before
a notary public or other officer authorized to administer oaths in the village.
A.
The fee for licenses issued under this article shall
be at the following rates:
(1)
For billiard tables, pooltables or combinations thereof:
$35 a year for the first table and $10 a year for each additional table used
or kept in the premises.
(2)
For each bowling alley lane: $50 a year for the first
lane and $15 a year for each additional lane used or kept in the same premises.
B.
No license fee shall be prorated.
A license may be refused by the Village Board of Trustees:
A.
To any applicant or applicants who or which shall have
been convicted within five years of the date of application of an offense
against any of the provisions of this article.
B.
To any association or corporation of which a member or
members shall have been so convicted.
C.
To any person who has within five years of the date of
application been convicted of a felony or misdemeanor.
D.
To any association or copartnership of which any member
has been so convicted of a felony or misdemeanor.
E.
If the poolroom, billiard room or bowling alley or the
place in which a pool or billiard table or bowling alley is to be located
and sought to be licensed does not comply in any way with the regulations,
ordinances and laws applicable thereto.
F.
If insufficient parking facilities are provided.
G.
If the applicant is under the age of 18 years.
A.
Upon the filing of the application as provided in § 44-6, the Village Board of Trustees, upon the approval of such application after investigation and the payment to the village of the license fee provided in this article, may issue to the applicant a license to establish, conduct and maintain a billiard room or poolroom or place for a bowling alley as described in § 44-5, if the Village Board of Trustees shall, after its investigation, be satisfied with the location or locality in which the business is to be conducted and with the character of the applicant or those constituting such applicant and after the Village Board of Trustees shall, within its own judgment and discretion, be satisfied that any such issuance of a license would be in every way proper and not detrimental to the best interests of the village, the public or the property owners adjacent to the locality for which a license is desired.
B.
All licenses shall be numbered in the order in which
they are issued and shall state clearly the location of the poolroom or billiard
room or place of the bowling alley, the number of tables or bowling alley
lanes, the dates of issuance and expiration of the license and the name of
the licensee.
C.
No applicant to whom a license has been refused shall
make further application until a period of at least six months shall have
elapsed since the last previous rejection unless he can show that the reason
for such rejection no longer exists.
D.
Immediately upon the issuance of a license required by
this article, the Village Clerk shall so notify the Fire and Police Departments
and send such Departments a copy of the license and the hours of operation.
A license issued under this article is not assignable or transferable
as to location or ownership. A transfer of stock in a corporation shall be
deemed a transfer prohibited by this section.
Whenever a license issued under this article shall be lost or destroyed,
without fault on the part of the holder or his agent or employee, a duplicate
license in lieu thereof under the original application may be issued by the
Village Clerk in his discretion, and, if issued, a recording fee of $10 shall
be paid to the Clerk.
Every person licensed in accordance with the provisions of this article
shall immediately post such license and a copy of this article furnished by
the Village Clerk and keep the same posted while in force in a conspicuous
place in the premises where pool or billiard playing or bowling 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 back, so that the whole of
such license may be seen therein. It shall be unlawful for any person to post
or permit to be posted such license upon premises other than those named in
the application for such license or knowingly to deface or destroy any such
license.
A.
The Village Board of Trustees may, at any time, for violation
of this article and after giving notice to the licensee and an opportunity
to be heard, revoke any license granted under the provisions of this article.
B.
Whenever any license shall be so revoked, no refund of
any unearned portion thereof shall be made, and no license shall be granted
to conduct a poolroom, billiard room or bowling alley to any person whose
license has been so revoked within a period of five years from the date of
such revocation.
C.
Notice of such hearing and the reason therefor, in writing,
shall be served by the Village Clerk upon the person named in the application
by mailing the same to the address given in the application and upon filing
a copy of such in the office of the Village Clerk.
Licenses issued under this article shall expire on the 31st day of December
succeeding the issuing thereof. Renewals must be in effect at the date of
expiration of the license.
