Chapter 5.15
BILLIARD PARLORS AND POOLROOMS
Sections:
5.15.020 License for billiard parlor and poolrooms.
5.15.030 Application for license.
5.15.070 Revocation of license.
5.15.080 Eligibility for a license.
5.15.120 Interior requirements.
5.15.140 Presence of persons after hours.
5.15.150 Personal management required.
5.15.010 Definition.
The expression “billiard parlor,” or the expression “poolroom,” as used in this chapter, means any place where any billiard table or pool table is operated for hire. (Ord. 41, § 14; 1976 Code § 5-3.01; 1966 Code § 4050).
5.15.020 License for billiard parlor and poolrooms.
Every person or copartnership before engaging in the business of maintaining, conducting, managing or owning any billiard parlor or poolroom within the city must obtain a license so to do as provided in this chapter. (Ord. 41, § 1; 1976 Code § 5-3.02; 1966 Code § 4051).
5.15.030 Application for license.
Every applicant for a billiard parlor or poolroom license must appear personally before and present to the city council an application signed by such applicant, which must state in substance that such applicant is desirous of obtaining a license from the city authorizing said applicant to engage in the business of maintaining, conducting, managing or owning a billiard parlor or poolroom within the city. Such application must particularly describe the location or place in which said business is to be conducted. (Ord. 41, § 2; 1976 Code § 5-3.03; 1966 Code § 4052).
5.15.040 Action by council.
If the city council is satisfied that the applicant is a fit and proper person to be entrusted with such business and the place described in said application is a proper and suitable place, the city council may authorize the city clerk to issue a license to such applicant to engage in the business of maintaining, conducting, managing or owning a billiard parlor or poolroom, at the place specified in his application. No license shall be issued without the permit of the city council nor until the license tax is paid and such place conforms to all the requirements of this chapter. Said city council shall have absolute power to deny such application for any reason which it may deem sufficient. (Ord. 41, § 3; 1976 Code § 5-3.04; 1966 Code § 4053).
5.15.050 Term of license.
A license under this chapter shall be good only for the person or copartnership named therein, and for the particular place and business specified in such license; and such license shall be reissued semiannually. Any license granted between the first day of January and the thirtieth day of June of any year shall expire on the thirtieth day of June next following the date of its grant; any license granted between the first day of July and the thirty-first day of December of any year shall expire on the thirty-first day of December next following the date of its grant; it being the intention that all licenses granted under the terms of this chapter shall be renewable semiannually at the close of the months of June and December. Any holder of such a license, in seeking a permit for the ensuing half year, must file an application and pay the fee therefor at least ten days before the end of each semiannual period. Every permit shall be renewable unless the permit has been revoked if the renewal application is made and the fee therefor is paid in accordance with this chapter. (Ord. 41, § 4, Amended by Ord. 149, § 1; 1976 Code § 5-3.05; 1966 Code § 4054).
5.15.060 License fee.
The license tax to be paid by such licensee shall be fifteen dollars per half year for each table. Said license shall be for one-half year and no additional tables shall be installed during the half year for which the license is issued without paying for such additional table or tables, the license tax provided in this chapter for tables for one-half year. (Ord. 41, § 5, Amended by Ord. 149, § 2; 1976 Code § 5-3.06; 1966 Code § 4055).
5.15.070 Revocation of license.
The city council, for what in their judgment is good cause, may, upon personal notice to the licensee of at least three days, revoke any license granted under this chapter, and from the time of such revocation all the rights and privileges of the licensee thereunder shall cease and determine. All such permits and licenses, though granted for the term of one-half year, are held at the pleasure of said city council. (Ord. 41, § 6; 1976 Code § 5-3.07; 1966 Code § 4056).
5.15.080 Eligibility for a license.
No license to conduct, manage or operate a billiard parlor or poolroom shall be granted under this chapter to any person or persons, unless such person or persons are citizens of the United States or aliens lawfully admitted into the United States. In the event that a license shall be granted to a corporation, the corporation must have complied with all conditions precedent to doing business within the state of California and the United States of America. (Ord. 41, § 7, Amended by Ord. 149, § 3 and Ord. 614, § 9; 1976 Code § 5-3.08; 1966 Code § 4057).
5.15.090 Transfer of license.
No license issued under the provisions of this chapter shall be assignable or transferable or authorize any person or persons, other than therein named, to do business or authorize business to be done, at any other place or building than the place or building particularly specified therein. (Ord. 41, § 8; 1976 Code § 5-3.09; 1966 Code § 4058).
5.15.100 Contents of license.
Every license issued under the provisions of this chapter shall specify by name the person or persons, to whom it is issued, and the particular place and building in which the business for which it is issued is to be carried on, and also the date of its issuance, the term for which it is issued, and a description of the business to be carried on thereunder. Said license shall also contain as part thereof the following stipulation, to wit: “This license is hereby received and accepted subject to all the terms and conditions of the Millbrae Municipal Code, under which it is issued.” Said stipulation must be signed by the person or persons named in such license, before any business is authorized to be done under said license. Said license shall at all times be kept conspicuously posted up in the place of business specified therein, and shall not be valid unless so kept posted up. (Ord. 41, § 8; 1976 Code § 5-3.10; 1966 Code § 4059).
5.15.110 Presence of minors.
No person or persons conducting or operating a billiard parlor or poolroom in the city shall permit or allow any person under the age of eighteen years to enter or be in such billiard parlor or poolroom after nine p.m. of any day, unless such person under the age of eighteen years is accompanied by at least one of the parents of such person. Notice to this effect must at all times be conspicuously posted in such billiard parlor or poolroom and upon the door to the entrance thereof. (Ord. 41, § 9, Amended by Ord. 149, § 4, Ord. 200, § 3 and Ord. 372, § 3; 1976 Code § 5-3.11; 1966 Code § 4060).
5.15.120 Interior requirements.
In any billiard parlor or poolroom operated under this chapter there shall be no side rooms, back rooms, stalls or compartments opening into, communicating with or forming a part of such billiard parlor or poolroom or conducted or operated or managed in conjunction with the same. There shall be no means of access from such billiard parlor or poolroom to any basement or upper story of any building where such billiard parlor or poolroom may be conducted, operated or managed. A room sufficient in size only for toilet and lavatory purposes, having entrance only from such billiard parlor or poolroom, and used exclusively for such purposes, may adjoin and be connected with such billiard parlor or poolroom. No building or room therein situated upon the immediate premises of any such billiard parlor or poolroom, but not physically connected therewith, shall be used, occupied, operated or managed by any licensee under this chapter for any purpose connected with the business of owning, operating, conducting or managing any such billiard parlor or poolroom or in any manner forming any part of such business. At all times during the continuance or operation of such billiard parlor or poolroom, the walls thereof adjacent to or fronting upon any public street shall contain transparent glass windows. Such transparent glass shall extend from the sidewalls of such poolroom to the door and shall commence at a height not more than four feet from the official grade of the sidewalk in front of such room measured from such grade on the median line of the front wall, and shall extend upward at least four feet. Of the total area of the door or doors forming the entrance to any such room, one-third thereof shall be transparent glass commencing at the height therein prescribed for windows. At no time during the continuance of the operation or conduct of any such billiard parlor or poolroom, shall vision through any portion of any such windows or glass in any such door be obstructed or obscured by any shade, screen, paper, poster, decoration, paint or other coloring materials, or by any display of merchandise, or by any other thing whatsoever. In any such billiard parlor or poolroom no partition, wing, furniture, fixtures, equipment, device, appliance, decoration, merchandise or any other object shall be so placed or arranged in any manner to prevent complete vision as to every part of such room from the street on which the same fronts. (Ord. 41, § 10; 1976 Code § 5-3.12; 1966 Code § 4061).
5.15.130 Hours of operation.
It is unlawful for any person or persons conducting or operating any billiard parlor or poolroom in the city to permit the same to remain open between the hours of eleven-thirty p.m. and six a.m. of the next day following, except as follows: Where a business, for which a business license has been issued by the city, is conducted or operated on the same premises as the billiard parlor or poolroom by the same management or ownership, then in such event, the hours during which the billiard parlor or poolroom may remain open may be the same hours during which said other business conducted or operated on the premises is permitted or allowed and does, in fact, remain open for business to the public. During the hours when any billiard parlor or poolroom is required to be closed under the provisions of this section, all lights in the billiard parlor or poolroom shall be extinguished, excepting one light only arranged in such position as to permit the room or rooms to be inspected from the street. (Ord. 41, § 11, Amended by Ord. 200, § 1; 1976 Code § 5-3.13; 1966 Code § 4062).
5.15.140 Presence of persons after hours.
No person or persons shall be allowed or permitted to be or remain in such billiard parlor or poolroom at any time when the same is required to be closed under the provisions of MMC 5.15.130. The provisions of this section do not apply to the owner, operator or manager of such billiard parlor or poolroom, or employees thereof, or maintenance or janitorial help who are on the premises for purposes other than the use of the billiard or pool facilities. (Ord. 41, § 12, Amended by Ord. 200, § 2; 1976 Code § 5-3.14; 1966 Code § 4063).
5.15.150 Personal management required.
The person or persons to whom a license shall be granted under the terms of this chapter shall, at all times, actually operate, manage and control the billiard parlor or poolroom for which such license is granted. (Ord. 41, § 13; 1976 Code § 5-3.15; 1966 Code § 4064).
5.15.160 Variances.
Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this chapter may result from the strict application of the provisions of MMC 5.15.120, 5.15.130 and 5.15.140, variance therefrom may be granted by the city council in the issuance of a license upon the presentation to the city council of evidence which satisfies it that such variance, if granted, would not prejudice or adversely affect the public health, safety and welfare, or defeat or hinder enforcement of said ordinance in the particular instance. The city council may require the presentation and filing of construction, design or layout plans for the proposed billiard parlor or poolroom including auxiliary, adjacent or adjoining rooms or buildings, and may incorporate such construction, design or layout plans as a condition of and part of the permit. (Ord. 149, § 5; 1976 Code § 5-3.16; 1966 Code § 4065).