Chapter 5.52 — POOL HALLS

Note: For additional provisions regarding pool halls and billiard parlors, see Chapter 5.56 of this code.

Any pool or billiard parlor which is legally in existence and in operation on the effective date of the ordinance codified in this chapter, shall comply with all provisions of this chapter not later than January 1, 1972.

(Ord. 223 § 13, 1971)

For the purpose of this chapter, a "pool or billiard parlor" means any premises in which there are two or more pool or billiard tables used for the purpose of playing pool or billiards or other game, for which a compensation of any kind is paid to the owner, proprietor, manager, lessee or possessor thereof. A premises in which there are no more than two coin-operated pool or billiard tables, which premises is used in conjunction with some other business, shall not be a pool or billiard parlor for the purpose of this chapter.

(Ord. 223 § 1, 1971; Ord. 270 § 1, 1975)

The chief of police of the city of Brentwood shall administer this chapter, and shall take all steps necessary and expedient for the enforcement of this chapter and the administration thereof. (Ord. 223 § 3, 1971)

It is unlawful for any person to operate a pool or billiard parlor without having first obtained a permit to do so as provided in this chapter, or to operate a pool or billiard parlor after the permit therefor has been suspended or revoked as provided in this chapter, or to operate a pool or billiard parlor in conflict with any of the provisions of this chapter. (Ord. 223 § 2, 1971)

• A. The application for a pool or billiard parlor permit shall be in writing to the chief of police on forms provided by the chief of police providing such information as he deems necessary for the granting of an application. A separate application shall be completed by each owner or other person having a financial interest in the operation of the proposed pool or billiard parlor.

• B. Each such person shall be the fingerprinted by police department as part of the application process.

• C. A fee of twenty-five dollars to cover the cost of processing the application shall accompany the application for each permit. The chief of police shall process each application, and within thirty days of the receipt thereof, shall either grant or deny the permit applied for. (Ord. 223 § 4, 1971)

• A. The chief of police shall grant the permit in the event he finds that the applicant or applicants and the premises which they operate fall within the standards set by this chapter, or he shall deny the permit where he doubts that these standards would be met.

• B. In event of denial, the chief of police shall so notify the applicant in writing, giving the reasons therefor.

• C. Permits once granted shall remain valid until suspended, revoked or abandoned. If a suspended or revoked permit is reinstated, it shall remain valid until suspended, revoked or abandoned, unless in reinstatement of a suspended or revoked permit a time limit is established, in which case the time limit shall govern. A permit shall be considered abandoned in the event the permittee fails to operate his or her premises for a period of thirty or more days, or the permittee allows his or her business license to lapse.

• D. A permit is not transferable either as to owner or as to location of premises. (Ord. 223 § 5, 1971; Ord. 270 § 2, 1975)

• A. In the event any applicant for a permit, or permittee, feels aggrieved by any action or decision of the chief of police, he may appeal such action to the city council of the city of Brentwood. Such appeal must be commenced by filing a written notice of appeal with the city clerk of Brentwood within ten days following such action. Such appeal shall be based on an error or abuse of discretion, or that a decision or action was not supported by adequate evidence, and shall state the action the applicant wishes the city council to take.

• B. On receipt of such appeal, the city clerk shall place it on the next city council agenda to be prepared after the receipt of the appeal, at which time the city council shall hear the appeal and after consideration, make a determination which shall be final.

• (Ord. 223 § 6, 1971)

• A. In the event the chief of police finds any violation of the standards set forth in this chapter, he may in his or her discretion suspend a permit for not to exceed thirty days, or revoke a permit.

• B. In making such a determination, the chief of police shall give due consideration to the gravity of the violation, together with demonstrated willingness of the permittee to correct the violation.

• (Ord. 223 § 10, 1971)

All applicants for a permit shall be of good moral character, with a record free from felony convictions or convictions of crimes of moral turpitude. Following receipt of a permit, all permittees shall demonstrate the ability to operate the pool or billiard parlor within accord of the

City of Brentwood, CA § 5.52.090 BUSINESS LICENSES, TAXES AND REGULATIONS

§ 5.52.140

standards set out in this chapter for the operation of a pool or billiard parlor. (Ord. 223 § 7, 1971)

All pool and billiard parlors shall operate in accordance with the following operational standards:

• A. All pool or billiard parlors shall be closed between the hours of two a.m. and six a.m.

• B. Premises shall be maintained in an orderly manner.

• C. Permittees shall report the name, address and date of birth of all employees to the chief of police and shall report any changes in employees.

• D. Permittees shall prohibit loitering on the premises and loud noises that could be disturbing to persons at neighboring properties.

• E. There shall be no living quarters on the premises.

• F. All exits shall be openable from the outside and not locked or blocked at any time during which the pool or billiard parlor is in operation.

• G. Patrons shall be prohibited from gambling or any other illegal activity on the premises.

• H. All pool or billiard tables shall be located in main rooms only and not in side rooms. (Ord. 223 § 8, 1971; Ord. 270 § 3, 1975)

All buildings used for pool and billiard parlors shall be located in accordance with requirements of the zoning provisions of the city of Brentwood (Title 17 of this code) and shall be in safe buildings.

(Ord. 223 § 9, 1971; Ord. 270 § 4, 1975)

It is unlawful for any person, either as principal, agent, servant or employee, to permit any person under the age of eighteen years or any intoxicated person, to enter, be in, remain at or frequent any pool or billiard parlor if alcoholic beverages are served on the premises. (Ord. 223 § 11, 1971; Ord. 270 § 5, 1975)

Every person under the age of eighteen years is prohibited from going into, remaining at, loitering in or frequenting any pool or billiard parlor if alcoholic beverages are served on the premises.

(Ord. 223 § 12, 1971; Ord. 270 § 6, 1975)

• A. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a forfeiture of his or her license or permit and by a fine not exceeding five hundred dollars, or by such forfeiture and imprisonment in jail for not more than six months, or by such forfeiture, fine and imprisonment.

• B. For the purpose of this chapter, each day during which any provision of this chapter is violated shall constitute a distinct and separate offense.

• (Ord. 223 § 14, 1971)