Chapter 5.08
TEMPERANCE HALLS,
CARDROOMS, POOL HALLS1
Sections:
5.08.010 Temperance hall defined.
5.08.040 Shutting off view – Minors.
5.08.050 Penalties for violation of chapter.
5.08.060 Action if license not secured.
5.08.010 Temperance hall defined.
Any place of business which is being conducted by any person, firm or corporation, where are sold or offered for sale candy, tobacco, cigars, nonintoxicating liquors, commonly called soft drinks, in connection with any pool or billiard room or card room, where any game of skill is to be played or is played, shall be known, defined and designated a “temperance hall” within the meaning of this chapter. (Ord. 205 § 1, 1918).
5.08.020 License – Fees.
Every person, firm or corporation maintaining, controlling and conducting such business or temperance hall within the corporate limits of the city, or who shall hereafter apply for a license to conduct such business shall pay a license fee for the privilege of maintaining and conducting the temperance hall as defined in DMC 5.08.010 in the city, and which license fee or fees shall be paid at the time such license is issued and annually thereafter from the date of such license. The license and license fees shall be as follows:
An annual license fee of $10.00 shall be charged and paid as above provided upon the application of any person, firm or corporation making application to conduct such business, and in addition thereto $15.00 for one pool table or for one billiard table, and $10.00 additional for the second pool table or billiard table, and $5.00 for an additional pool table or billiard table, and $5.00 for each card table installed and used in the temperance hall where card playing is conducted. (Ord. 205 § 2, 1918).
5.08.030 Shows and theaters.
Every moving picture show or theater shall pay an annual license fee for the right or privilege of conducting and maintaining any moving picture show or theater within the corporate limits of the city. The fee shall be $15.00, regardless of seating capacity.
It is further provided that all local or home entertainments, and entertainments held for any charitable purpose, are excluded from the operation and effect of this chapter. (Ord. 205 § 3, 1918).
5.08.040 Shutting off view – Minors.
Every person, firm or corporation maintaining, controlling or conducting a pool or temperance hall within the corporate limits of the city, or who shall hereafter conduct such business, shall not erect or permit to be erected or maintained any partition or screen of any kind within the room of the pool or temperance hall whereby the view shall be shut off from the front to the rear thereof, but a clear view throughout the temperance hall shall be maintained at all times when same is open for business. Such owner shall prohibit and forbid any minor or person under 21 years of age to play at any game of cards, pool or billiards, in or upon any table or tables or other place within such temperance hall or place of business.
The owner or proprietor of such business, his agents and servants, shall prohibit and not allow any minor or minors, or person under 21 years of age, to loiter in or about such temperance hall or to remain therein, or loiter about such place after the minor has transacted any legal or legitimate business for which he has entered the temperance hall to transact. (Ord. 205 § 4, 1918).
5.08.050 Penalties for violation of chapter.
Every person, firm or corporation, who violates any of the provisions or regulations contained and set forth in this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in DMC 1.04.010 and shall forfeit his or its license, and the same may be revoked forthwith by the city council upon satisfactory proof that the regulations as contained in this chapter have been or are being violated, and it is further provided that any license issued under the provisions of this chapter may or will be revoked by the city council for the violation of any of the provisions of this chapter or any resolution applicable thereto. (Ord. 205 § 5, 1918).
5.08.060 Action if license not secured.
The chief of police is authorized and directed to ascertain that all persons, firms and corporations, now or hereafter maintaining and conducting any temperance hall, moving picture show or theater, have secured the license and paid the license fee or fees for conducting and maintaining such business, and if not so secured and paid for, to close the business and prohibit its further maintenance, upon giving the owner, agent, or person or persons in charge thereof, 10 days’ written notice, that unless he or they procure the license, the business will not be permitted to continue and will be closed at the end of said time in said notice given, as provided in this section. (Ord. 205 § 6, 1918).
5.08.070 Issuance of license.
All persons desiring to conduct, carry on or operate such temperance hall, moving picture show or theater, shall apply by petition in writing to the city council at any session thereof. The petition must state definitely the building or place where such business is to be carried on, and the city council, upon satisfactory proof as to the character of the applicant may order the city clerk-treasurer to issue such person a license, which shall be sufficient permit to conduct such business at the place therein named, but not for any other place, and such license shall not be transferable. (Ord. 205 § 7, 1918).
For business hours of billiard, pool and card rooms, see Chapter 9.40 DMC.