Corona Municipal Code Ch. 5.10 Billiard and Pool Rooms

As they are used in this chapter, the following words have the definitions set forth in this section.

(A) "Billiard hall" or "pool hall" as used in this chapter means any place at which four or more billiard tables are provided.

(B) "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," "3-cushion billiard," 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," "8-ball pool," "bottle pool," "peapool" and all other games played on a so-called billiard table and also all games played on a so-called "pigeonhole" table.

(C) "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.

(`78 Code, § 5.10.010.) (Ord. 1724 § 1, 1984.)

No person or persons, firms, 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.

(`78 Code, § 5.10.020.)

An application for a license shall be filed with the Chief of Police on forms to be furnished by the Chief of Police, 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 the 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 Chief of Police to determine the fitness of the applicant.

(`78 Code, § 5.10.030.) (Ord. 2347 § 6, 1998.)

The applicant for a permit under this chapter will pay an investigation fee as set by resolution of the City Council.

(`78 Code, § 5.10.040.) (Ord. 2347 § 7, 1998.)

(A) The applicant for the license shall file with the Chief of Police a sworn list of all persons to be employed by the applicant giving the name, address, age and information relative to convictions required by § 5.10.030. The Chief of Police shall cause an investigation to be made concerning the qualifications of the proposed employee as required of a licensee of a billiard hall under § 5.10.060 and shall submit his or her findings to the City Council in like manner. After a license has been issued, the licensee shall obtain authorization for the employment of any person whom he or she 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 set by resolution of the City Council for each such prospective employee shall be paid at the time of application. The authorization shall be made by the Chief of Police.

(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.

(`78 Code, § 5.10.050.) (Ord. 2347 § 8, 1998.)

The Chief of Police shall cause to be made an investigation of all persons named in an application for a license. The license shall not be issued if the applicant or any partner or the principal officer of any stockholder holding more than 20% 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) Is not of good moral character;

(C) 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;

(D) Is not a citizen of the United States;

(E) Is under 21 years of age.

(`78 Code, § 5.10.060.) (Ord. 2347 § 9, 1998.)

All licenses provided for in this chapter shall be issued only after the report of the Chief of Police has been prepared and only after the payment of the license fee provided for in this chapter. All such licenses shall be valid from the first day of July of the year in which the license is issued until the thirtieth day of June next after the same is issued unless sooner revoked. The 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.

(`78 Code, § 5.10.070.) (Ord. 2347 § 10, 1998.)

The 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. A transfer fee as set by resolution of the City Council shall also be paid by the applicant at the time of application.

(`78 Code, § 5.10.080.) (Ord. 2347 § 11, 1998.)

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 or she 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% 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% or more of the capital stock of a corporation shall be reported to the Chief of Police within ten days after they occur.

(`78 Code, § 5.10.090.) (Ord. 2347 § 12, 1998.)

(A) The application for a license may be denied as to a particular location within the city whenever the Chief of Police 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. The denial shall be made upon written findings of fact which may include but are not limited to the following:

(1) That the granting of a license will have a substantial adverse effect upon the public health of the persons living in the immediate neighborhood;

(2) That the granting of a license will have a substantial adverse effect upon the safety of the persons living in the immediate neighborhood;

(3) That the granting of a license will cause a substantial depreciation in the value of the property in the immediate neighborhood;

(4) That the granting of a license will have a substantial adverse effect upon the convenience and prosperity of the immediate neighborhood;

(5) That the granting of a license will constitute a public or private nuisance;

(6) That the granting of a license is not in the best interest of the community in that it is not compatible to a good planning development of the area.

(B) 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.

(`78 Code, § 5.10.100.) (Ord. 2347 § 13, 1998.)

Except as provided in § 5.10.130, any person under the age of 18 years who enters, visits or remains in any billiard parlor or poolroom as defined in § 5.10.010, unless the minor is in the company and under the charge of his or her parents, guardian or other adult person having the legal custody, care and control of such minor, is guilty of a misdemeanor.

(`78 Code, § 5.10.110.)

Except as provided in § 5.10.130, every proprietor, or any other person having charge or control of any billiard parlor or poolroom as defined in § 5.10.010 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 the minor is in the company and under the charge of his or her parents, guardian or other adult person having the legal custody, care and control of such minor, is guilty of a misdemeanor.

(`78 Code, § 5.10.120.)

Sections 5.10.110 and 5.10.120 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 the 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 the billiard hall or on any premises connected to the billiard hall by a doorway, archway or any other opening not permanently sealed;

(B) The billiard hall is substantially open to public view from the outside of the building in which such a billiard hall is located.

(`78 Code, § 5.10.130.)

(A) The Chief of Police may suspend or revoke the license or any licensee after a 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 the license was procured by fraudulent conduct or false statement of the material facts or if a fact concerning the 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 so 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.

(`78 Code, § 5.10.140.) (Ord. 2347 § 14, 1998.)

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 the premises qualify under § 5.10.130, 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 or her parent, guardian or other adult person having the legal custody, care and control of the minor.

(`78 Code, § 5.10.150.)

No person while in a billiard hall shall gamble or make any bet.

(`78 Code, § 5.10.160.)

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 Chapter 5.02.

(`78 Code, § 5.10.170.)

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.

(`78 Code,§ 5.10.180.)

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor.

(`78 Code, § 5.10.190.) (Ord. 1809 § 27, 1986.)

(A) Appeals - filing. Any person claiming to be aggrieved by a decision of the Chief of Police with respect to the issuance, renewal, suspension, revocation or refusal to issue or renew the license required by the provisions of this chapter may appeal to the Council by filing a written notice of appeal with the Clerk of the Council. The appellant shall state in the notice the factual and legal grounds, if any, in support of his or her appeal.

(B) Hearings - notice. The City Clerk shall thereupon fix the time and date for the City Council’s hearing such appeal, which date shall not be earlier than ten days from the date the notice of appeal was filed. The Clerk shall give notice to such person of the time, date and place of the hearing by serving him or her personally or by depositing the notice in the United States post office at Corona, California, postage prepaid, addressed to such person at his or her last known address.

(C) Hearings - determinations. The Council shall hear the appellant and the Chief of Police or his or her representative. It may also hear any other person. After the hearing is concluded, the Council shall determine the appeal, and such determination is final. No such determination shall conflict with any substantive provision of this chapter.

(`78 Code, § 5.10.200.) (Ord. 2347 § 15, 1998.)