Chapter 5.96
BILLIARD HALLS AND POOLROOMS
Sections:
5.96.030 License – Application.
5.96.050 Employees – Investigation.
5.96.060 Applicant – Investigation.
5.96.070 Application – Approval.
5.96.090 License – Change of ownership.
5.96.100 Application – Denial.
5.96.110 Minor – Entering, remaining on premises.
5.96.120 Minor – Permitting to enter, remain on premises.
5.96.130 Minor – Exceptions to prohibitions.
5.96.140 License – Revocation.
5.96.160 Betting or gambling – Prohibited.
5.96.170 License – Additional.
Prior legislation: Ords. 429 and 549.
5.96.010 Definitions.
As they are used in this chapter, the following words have the definitions set forth in this section.
“Billiard hall” or “pool hall” as used in this chapter means any place at which four or more billiard or pool tables are provided.
“Billiard table” means any table surrounded by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue and upon which all forms of games including those known as “carom,” “billiards,” “pocket billiards,” “three-cushion billiards,” and “English billiards” are played and all other games played on a billiard, pool, or snooker table, which also include the games known as “15-ball pool,” “eight-ball pool,” “bottle pool,” “pea-pool” and all other games played on a so-called billiard table and also all games played on a so-called “pigeon hole” table.
“Person,” wherever used in this chapter, means every natural person, partnership, corporation, association, company, organization, or manager, agent, servant, officer or employee of any of them. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.010].
5.96.020 License – Required.
No person or persons, firm, association, corporation, club or organization shall maintain, operate, conduct or pursue the business or occupation of keeping any billiard hall within the City without a license as provided in this chapter. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.020].
5.96.030 License – Application.
An application for a license shall be filed with the City on forms to be furnished thereby, upon which forms shall be included the following information:
A. The name and address of applicant;
B. In the case of a partnership, it should state the names and addresses of all partners;
C. In the case of a corporation, it should state the name and address of all officers, directors and stockholders presently holding stock and all who have for six months prior to the making of said application been officers, directors or stockholders;
D. In the case of clubs, associations or other organizations, it should state the names and addresses of all officers;
E. The location of the premises to be licensed and the name and address of the owner or owners of said premises;
F. The number of billiard tables to be located upon the premises to be licensed;
G. A statement as to whether the applicant has ever been convicted of any crime or misdemeanor other than minor traffic violations and, if so, the nature of the offense and the place of trial or conviction;
H. The fingerprints and photograph of the applicant and all persons named in the application;
I. Whatever other information deemed necessary by the City Council to determine the fitness of the applicant. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.030].
5.96.040 Investigation fee.
The applicant for a permit under this chapter shall pay an investigation fee of not less than $52.00. Thereupon the City shall forward a completed copy of the application to the Chief Law Enforcement Officer. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.040].
5.96.050 Employees – Investigation.
A. The applicant for the license shall file with the City a sworn list of all persons to be employed by said applicant giving the name, address, age, and information relative to convictions required by this chapter. The Chief Law Enforcement Officer shall cause an investigation to be made concerning the qualifications of the proposed employee as required of a licensee of a billiard hall under this chapter and shall submit his findings to the City in a like manner. After a license has been issued, the licensee shall obtain authorization for the employment of any person whom he intends to employ and who has not been previously so authorized for employment in like manner as provided for new applications, except that a fee as set by resolution for each such prospective employee shall be paid at the time of application. Said authorization shall be made by the City Council.
B. It is unlawful for any person to serve as an employee in or during the hours of operation as such or for the licensee to employ any person to serve as such during working hours without the authorization required in this chapter. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.050].
5.96.060 Applicant – Investigation.
The Chief Law Enforcement Officer shall cause to be made an investigation of all persons named in an application for a license and report his findings to the City. The license shall not be issued if the applicant or any partner or the principal officer or any stockholder holding more than 20 percent of the capital stock of the corporation (if the applicant is a corporation):
A. Has been convicted of a felony or has been convicted of a misdemeanor involving moral turpitude;
B. Was the owner, part owner, principal officer or stockholder of any billiard hall in the City or elsewhere the license for which was revoked within the previous five years;
C. Is under 21 years of age. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.060].
5.96.070 Application – Approval.
All licenses provided in this chapter shall be issued only after the report of the Chief Law Enforcement Officer has been adopted and approved by the City Council and only after the payment of the license fee as set by resolution. All such licenses shall be valid for one year from the date of issue, unless sooner revoked. Such license shall bear the date of issue, the name of the licensee, the purpose for which issued and the location of the room or building wherein the licensee is authorized to carry on and conduct such business. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.070].
5.96.080 License – Transfer.
Such license shall not be transferable by the holder to any other person, persons, firm, or corporation, but such license may be transferred by the holder to another location; provided, that the licensee shall make written application for such transfer to the City and such transfer is approved by the City Council. A transfer fee and process fee as set by resolution shall also be paid by the applicant at the time of application. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.080].
5.96.090 License – Change of ownership.
A license issued to a partnership shall not be voided by withdrawal of a partner so long as one of the original partners remains, but if a new partner becomes a member, a new license shall be required unless he already holds a license. A license issued to a corporation shall be voided if an unqualified person becomes a principal officer or stockholder owning 20 percent or more of the capital stock in the corporation. All changes in the membership of the partnership or all changes in the identity of the principal officers or stockholders owning 20 percent or more of the capital stock of a corporation shall be reported to the City within 10 days after they occur. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.090].
5.96.100 Application – Denial.
The application for a license may be denied as to a particular location within the City whenever the City Council finds that the location and physical layout of the premises are such and the layout characteristics are such that it is detrimental to the health, safety and general welfare of the public to permit the operation of a billiard hall in that particular location. Said denial shall be made upon written findings of fact which may include but are not limited to the following:
A. That the granting of a license will have a substantial adverse effect upon the public health of the persons living in the immediate neighborhood;
B. That the granting of a license will have a substantial adverse effect upon the safety of the persons living in the immediate neighborhood;
C. That the granting of a license will cause a substantial depreciation in the value of the property in the immediate neighborhood;
D. That the granting of a license will have a substantial adverse effect upon the convenience and prosperity of the immediate neighborhood;
E. That the granting of a license will constitute a public or private nuisance;
F. That the granting of a license is not in the best interest of the community in that it is not compatible to good planning and development of the area.
No license shall be issued for the operation of any billiard room which is located within 200 feet of any school, church, or publicly owned building, such measurement being made by the shortest distance between the lots on which the structures are located. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.100].
5.96.110 Minor – Entering, remaining on premises.
Except as provided in this chapter, any person under the age of 18 years who enters, visits or remains in any billiard parlor or poolroom as defined in this chapter, unless said minor is in the company and under the charge of his parents, guardian or other adult person having the legal custody, care and control of such minor, is guilty of a misdemeanor. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.110].
5.96.120 Minor – Permitting to enter, remain on premises.
Except as provided in LEMC 5.96.130, any person under the age of 18 years who enters, visits or remains in any billiard parlor or poolroom as defined in LEMC 5.96.010, who suffers, allows or permits any person under the age of 18 years to be, or remain in, enter or visit such billiard parlor or poolroom, unless said minor is in the company and under the charge of his parent, guardian or other adult person having the legal custody, care and control of such minor, is guilty of a misdemeanor. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.120].
5.96.130 Minor – Exceptions to prohibitions.
LEMC 5.96.110 and 5.96.120 shall not apply to any persons who have attained their fourteenth birthday; provided it is not between the hours of 10:00 p.m. and sunrise of the following day and the billiard room where said persons are found meets the following qualifications:
A. No alcoholic beverages shall be allowed in, sold, given away, or in any other manner purveyed on the premises of said billiard hall or on any premises connected to said billiard hall by a doorway, archway or any other opening not permanently sealed.
B. Such billiard hall is substantially open to public view from the outside of the building in which such a billiard hall is located. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.130].
5.96.140 License – Revocation.
A. The City Council may suspend or revoke the license of any licensee after hearing on any one or more of the following grounds:
1. Violation of any laws of the State upon the licensed premises by the licensee, its agents, servants, employees or representatives;
2. Violation of any ordinance of the City upon the licensed premises by the licensee, its agents, servants, employees or representatives;
3. If said license was procured by fraudulent conduct or false statement of the material facts, or if a fact concerning applicant was not disclosed at the time of filing where such fact would have constituted just cause for refusing to issue such license;
4. Permitting or suffering any activity on the licensed premises which may be detrimental to the welfare, safety or health of the public.
B. In all such cases, written notice of the charge or charges and time and place of hearing shall be served on the licensee either in person or by certified registered mail addressed to the licensed premises. No revocation or suspension shall occur unless the licensee has been notified or a reasonable attempt to so notify the licensee has been made by the proper authorities, and the licensee is unable to be found.
C. In the event any license is suspended or revoked, the licensee shall not be permitted the return of any portion of the license fee.
D. Any premises which is declared to be unsafe by the written report of the building inspector or a fire hazard by the written report of the Fire Chief is ineligible for a license and any license issued therefor may be revoked. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.140].
5.96.150 License – Posting.
There shall be conspicuously posted and displayed in any premises licensed under this chapter:
A. The license issued pursuant to this chapter;
B. Not less than one sign giving notice that no person under the age of 18 years is permitted on the licensed premises unless said premises qualify under LEMC 5.96.130, and in that event not less than one sign giving notice that no person under the age of 14 years is permitted unless accompanied by his parent, guardian or other adult person having the legal custody, care and control of such minor. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.150].
5.96.160 Betting or gambling – Prohibited.
No person while in a billiard hall shall gamble or make any bet. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.160].
5.96.170 License – Additional.
Any person, firm or corporation licensed to operate a billiard hall pursuant to the provisions of this chapter shall, in addition, be required to have a business license as provided for in LEMC 5.08.020. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.170].
5.96.180 Closing hours.
All pool halls within the City shall be closed between the hours of 2:00 a.m. and 6:00 a.m. of every day. [Ord. 1001 § 18, 1995. Code 1987 § 5.64.180].