CHAPTER 4.32
POOL HALLS AND CARD ROOMS
SECTION:
4.32.010: Permit Required; Investigation; Conditions For Issuance
4.32.020: Examine Premises; Permit Denial Or Revocation; Appeal
4.32.030: Description Of Premises And Tables Required
4.32.040: Tables And Premises Open To Inspection
4.32.050: Restrictions Concerning Underage Persons
4.32.070: Suspension Or Revocation Of License
4.32.010 PERMIT REQUIRED; INVESTIGATION; CONDITIONS FOR ISSUANCE:
A. Tables, Games Of Chance:
1. It is unlawful for any person, firm or corporation, owning, controlling or carrying on as principal or agent in the city, the business or occupation of conducting or maintaining any table in the city wherein any legal game of chance is played without first applying for and securing a permit in writing from the city council, and no business license shall be issued by any officer of the city until such permit shall first have been obtained.
2. If after an investigation and consideration of any such application it appears to the city council that the place, business, building or institution conforms to, and that the applicant has complied with, all laws of the state of California and city ordinances in which it is located, the city council shall grant the permit applied for; provided however, that the city council shall have the power to suspend or revoke such permit at its discretion upon proof to its satisfaction of the violation by the holder of such permit, or this chapter, or any city ordinance, or law of the state of California. (1972 Code § 9.28.020)
B. Billiard, Pool Or Bagatelle Tables:
1. No person shall maintain or operate any billiard, pool, or bagatelle table without having first procured from the city manager a permit therefor.
2. Applications for each such permit shall be in writing and in duplicate and filed with the city manager. There shall be filed with each such application in duplicate an accurate, detailed diagram in ink showing the floor plan of the portion of any building for which such permit is requested. The application shall specify the number and size of each table for which a permit is requested.
3. No such permit shall be issued to any place of business while any other permit for the same place of business, or portion thereof, is still in effect.
4. No such permit shall ever be issued for more than one section or portion of any place of business.
5. No such permit shall be issued for more than one room in any place of business unless the rooms for which such permit is issued are adjacent to each other and separated only by partition walls with unclosed and unlocked doors between all such rooms. (1972 Code § 9.28.030)
C. Permit Prerequisite To License Issuance: No license shall be issued for any billiard, pool, bagatelle or card games or table unless a permit has been first issued therefor as provided in this chapter. (1972 Code § 9.28.060)
4.32.020 EXAMINE PREMISES; PERMIT DENIAL OR REVOCATION; APPEAL:
A. Examination Of Premises; Permit Issuance: The city manager shall examine, or cause to be examined, the premises for which the application is made, and if it is found that the premises applied for, in all respects, conforms to sections 4.32.010B through 4.32.040 of this chapter and all ordinances of the city, and all state and federal laws and that applicant is of good moral character, the permit shall be issued upon payment by the applicant of any permit fees established by resolution of the city council; otherwise it shall be denied.
B. Revocation Of Permit:
1. The city manager shall have the right to revoke any such permit upon violation by the permittee of these provisions or of any other ordinance of the city, or of any law of the state or of the United States relating to the conduct or maintaining of billiard, pool, or bagatelle tables or games.
2. In the event of any such revocation, an appeal may be made to the city council from the order of the city manager, at any time within five (5) days from such revocation. A hearing shall be held upon such appeal by the council, within six (6) weeks after the filing of such appeal, and its decision thereon shall be final. (1972 Code § 9.28.040)
4.32.030 DESCRIPTION OF PREMISES AND TABLES REQUIRED:
A. Description: All permits issued pursuant to section 4.32.020 of this chapter shall definitely describe the portion of any place of business for which such permit is issued, and shall further specify the number and sizes of all tables for which the permit is issued.
B. Restrictions On Use Of Tables:
1. It is unlawful for any person to suffer, permit, or allow any table to be kept, used or maintained upon the portion of the premises for which such permit is issued except those tables specified in the permit.
2. It is unlawful for any person to suffer, permit or allow any billiard, pool or bagatelle game to be played or maintained at any time in any other portion of any place of business for which a permit has been issued.
C. Permit And License Required: It is unlawful at all times to keep or maintain any pool, billiard or bagatelle game in or upon any place of business unless a permit and license has first been issued. (1972 Code § 9.28.050)
4.32.040 TABLES AND PREMISES OPEN TO INSPECTION:
No billiard table, pool table or bagatelle table shall be maintained behind any closed, locked or barred door at any place of business in the city. The main entrance of any premises for which any permit has been issued shall at all times remain unlocked and unbarred while any games are being played upon the premises, and at all such times all premises where any games are being played shall be kept in such condition as to be accessible for inspection to all police officers. (1972 Code § 9.28.070)
4.32.050 RESTRICTIONS CONCERNING UNDERAGE PERSONS:
A. Prohibited On Premises; Exception:
1. Pool Or Billiard Tables: It is unlawful for any person under the age of eighteen (18) years to enter or remain in any room or place where pool or billiard tables are kept for hire within the city; provided, that a person under the age of eighteen (18) years may enter or remain in any such room or place if accompanied by and under the supervision of his parent, parents or other legal guardian, so long as no alcoholic beverages are sold or consumed anywhere on the premises of which such room or place is a part, and so long as no part of such premises is used as a card room. (1972 Code § 9.28.080)
2. Games Of Chance: It shall be unlawful for the owner, manager, or operator of any room in which poker or other games of chance are played to allow any person under the age of twenty one (21) years to be present upon the premises at any time. (1972 Code § 9.28.010)
B. Responsibility Of Owner: No person, either as owner, lessee, agent, employee or otherwise, shall suffer, permit or allow any person under the age of eighteen (18) years to enter or remain in any room or place where pool or billiard tables are kept for hire, unless such person under the age of eighteen (18) years is in the company and under the supervision of his parent, parents or other legal guardian, subject to the limitations contained in subsection A of this section relative to the use of any part of such premises for cardroom purposes or for the sale or consumption of alcoholic beverages. (1972 Code § 9.28.090)
4.32.060 HOURS OF OPERATION:
A. Billiard And Pool Rooms: No person, either as owner, lessee, agent, employee or otherwise, shall keep open for business any billiard or pool room, or any room or place where billiard or pool tables are kept to be used for hire, in the city, between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. of any day of the week. (1972 Code § 9.28.100)
B. Games Of Chance Or Poker: It is unlawful for the owner, manager, or operator of any room in which poker or other games of chance are played to remain open between two o’clock (2:00) A.M. and six o’clock (6:00) A.M. (1972 Code § 9.28.010; amd. 2003 Code)
4.32.070 SUSPENSION OR REVOCATION OF LICENSE1:
For any violation of the provisions of this chapter, the city council, in its discretion, may either revoke or suspend the license of the party thus guilty, and, in the latter case, the holder of any such license shall be conclusively presumed to be without a license during such period of suspension or revocation. (1972 Code § 9.28.110)
See also section 4.32.020 of this chapter.