Chapter 5.20
BILLIARD ROOMS, POOLROOMS AND BOWLING ALLEYS
Sections:
5.20.020 License—Payable when.
5.20.030 License—Procurement and payment.
5.20.080 Permit—Issuance conditions.
5.20.090 License and permit—Violation of terms—Forfeiture.
5.20.100 Chief of Police—Duties.
5.20.110 Citizen complaints—Filing.
5.20.120 Citizen complaints—Preparation for service.
5.20.130 Citizen complaints—Service.
5.20.140 Citizen complaints—Council investigation.
5.20.150 Citizen complaints—Revocation after investigation.
5.20.160 Back rooms or partitions unlawful—Exceptions.
5.20.170 Card playing prohibited.
5.20.180 Frontage specifications.
5.20.190 Loitering prohibited.
5.20.200 Relocation of businesses.
5.20.010 License—Required.
It is unlawful for the owner, manager, proprietor or other person having charge of any public billiard room, public poolroom or public bowling alley or other place open to the public where billiards, pool or bowling are played, to keep the same open or to allow or permit the same to be kept open, or to allow such games or amusements to be played or carried on therein without having a license therefor in this chapter provided, and by this chapter required. (Ord. 76 § 1, 1931)
5.20.020 License—Payable when.
All licenses shall be paid for in advance in lawful money of the United States, to the Finance Director. (Ord. 1110 § 3(A) (part), 1992; Ord. 76 § 2, 1931)
5.20.030 License—Procurement and payment.
The license required in this chapter must be procured from the Finance Director and payments of the license tax must be made to the Finance Director before the commencement of the business required in this chapter to be licensed. (Ord. 1110 § 3(A) (part), 1992; Ord. 76 § 3 (part), 1931)
5.20.050 License—Form.
A. Every license issued under the provisions of this chapter shall specify the name of the person, persons, firm or corporation to whom it is issued, and the particular place and building in which the business is to be conducted, and also the date of its issuance, the term for which it is issued, a description of the business to be carried on thereunder, and every license shall contain, as part thereof, the following stipulation:
"This license is hereby received and accepted subject to all terms and conditions of Ordinance No. 76 of the City of San Carlos under which it is issued."
B. The stipulation must be signed by the person, persons, firm or corporation named in the license before any business is authorized to be done under the license. The license shall at all times be kept conspicuously posted up in the place of business specified therein. (Ord. 76 § 4 (part), 1931)
5.20.060 License—Fee.
The license fee for billiard rooms, pool halls and bowling alleys shall be as set forth in Section 5.40.120(E). (Ord. 1110 § 3(C), 1992)
5.20.070 Permit—Required.
No license required by any of the provisions of this chapter shall be issued by the clerk to any person, persons, firm or corporation, or, if so issued, shall be valid for any purpose unless such person, persons, firm or corporation shall have been first granted a permit by the Council to obtain the license, and the permit must be in force and unrevoked at the time such license is issued. (Ord. 76 § 4 (part), 1931)
5.20.080 Permit—Issuance conditions.
No permit to obtain the license required by any of the provisions of this chapter shall be granted by the City Council, or if so granted, shall be valid for any purpose, unless the following conditions have been strictly complied with: Each applicant shall file with the Finance Director at least five days prior to any regular meeting of the Council at which the applicant desires to be heard, a written application to the Council for a permit to obtain the license required in this chapter, which such application shall state and set forth:
A. The name and residence of the person, partnership, corporation or unincorporated association making such application;
B. The place and building in which the business is to be conducted. (Ord. 1110 § 3(A) (part), 1992; Ord. 76 § 4 (part), 1931)
5.20.090 License and permit—Violation of terms—Forfeiture.
Every person, persons, firm or corporation to whom a permit has been granted and a license issued under the terms of this chapter, who does not conduct the business for which such permit has been granted and issued, in a quiet, orderly and reputable manner, or who permits any disturbance of the public peace or order by any noisy or disorderly conduct, or who permits any minor under the age of eighteen years to be or remain in and about the place where such business is being conducted, unless accompanied by their parent or parents or guardian, shall forfeit all permits and licenses theretofore granted or issued to such person, persons, firm or corporation under the provisions of this chapter and shall also be liable to arrest and punishment as in this chapter hereinafter provided. (Ord. 451 § 1, 1958)
5.20.100 Chief of Police—Duties.
It shall be the duty of the Chief of Police and he is directed to file with the Finance Director a complaint against any person, persons, firm or corporation who he has reason to believe is guilty of any of the acts or neglects specified in this chapter. (Ord. 1110 § 3(A) (part), 1992; Ord. 76 § 6 (part), 1931)
5.20.110 Citizen complaints—Filing.
The complaint may be made by any resident or citizen of the City and must state the facts alleged to constitute a breach of the ordinance codified in this chapter and the date, or dates on which they occurred. (Ord. 76 § 6 (part), 1931)
5.20.120 Citizen complaints—Preparation for service.
Upon a complaint being filed, it shall be the duty of the Chief of Police, and he is directed and required to at once prepare a copy thereof together with a notice to such person, persons, firm or corporation directing such person, persons, firm or corporation to appear before the Council on the day of its next regular meeting to show cause, if any there is, why the permit and license should not be revoked. (Ord. 76 § 6 (part), 1931)
5.20.130 Citizen complaints—Service.
A copy of the complaint and notice shall be served on the person, persons, firm or corporation by the Chief of Police by delivering the same to such person, persons, firm or corporation at the place where the business is transacted, or if the person or some member of the firm or some stockholder of the corporation cannot be found at such place of business, then by leaving it with some person in charge of the place of business or, if no such person be found thereat, then by posting such copy of complaint and such notice on the front door of the place of business. The Chief of Police shall report to the Council the date when and the method by which such papers were served. (Ord. 76 § 6 (part), 1931)
5.20.140 Citizen complaints—Council investigation.
The Council shall, if possible, investigate a complaint at the next regular meeting thereof, and not later than the second regular meeting of the Council subsequent to the filing of such complaint. (Ord. 76 § 6 (part), 1931)
5.20.150 Citizen complaints—Revocation after investigation.
If, upon investigation the Council, or a majority of the members thereof, find that the complaint is well founded and the charge made therein is true, it shall be so declared and the Council shall also, by the same resolution, revoke the permit theretofore granted to the person, persons, firm or corporation, and revoke all licenses theretofore issued to such person, persons, firm or corporation under the terms of this chapter, which licenses shall forthwith be without force or effect. (Ord. 76 § 6 (part), 1931)
5.20.160 Back rooms or partitions unlawful—Exceptions.
No place of business for which a permit and license is issued under the provisions of this chapter shall have any back room partitioned off that is not open to the public, except toilets or lavatories. (Ord. 76 § 8, 1931)
5.20.170 Card playing prohibited.
No card playing of any kind shall be permitted in any place of business for which a permit and license is issued under the provisions of this chapter. (Ord. 76 § 9, 1931)
5.20.180 Frontage specifications.
All front windows in any place of business for which a permit and license is issued under this chapter shall be so arranged with clear glass so that people passing along the front of such place of business may be able to look in from the outside at any time. (Ord. 76 § 10, 1931)
5.20.190 Loitering prohibited.
Any proprietor or person in charge of any place of business for which a permit and license is issued under this chapter shall not allow persons to loiter around the front door of such place of business. (Ord. 76 § 11, 1931)
5.20.200 Relocation of businesses.
No person to whom a permit and license has been granted under the provisions of this chapter shall move such place of business without permission and authority of the City Council. (Ord. 76 § 12, 1931)
5.20.210 Violation—Penalty.
Any person, persons, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars, or by imprisonment in the County Jail, not exceeding ninety days, or by both such fine and imprisonment, and each day upon which a violation of this chapter continues shall be deemed a separate and distinct offense under this chapter. (Ord. 76 § 13, 1931)