Fillmore Municipal Code Ch. 7.16 Pool Halls

No person shall open, conduct or maintain any pool hall without first obtaining a license pursuant to this chapter.

(Ord. 641 § 1 (part), 1990)

For the purposes of this code a "pool hall" is the whole of any premises, operated under single management, upon which three or more tables are furnished, at a fee, for public patronage in playing pool, billiards, snooker, crokinole or similar games, whether or not other activities are conducted thereon.

(Ord. 641 § 1 (part), 1990)

An applicant for a pool hall license shall file with the city clerk a petition addressed to the council, in the form of a declaration under penalty of perjury, stating the address of and diagramming the premises for which the license is desired; the number of game tables to be in use; the number and description of all other games and amusement machines to be in use; the name, date of birth and business and residence addresses of every person having any financial interest in the pool hall; and a list of all arrests and of all convictions of each person named in the application, with the fingerprints and a representative photograph of each such person. "Person having any financial interest in the business" means every person who shares in the profits of the business on the basis of the gross or net revenue, including, without limitation, every landlord, lessor, lessee and owner of the premises where the pool hall is located, and of the fixtures and equipment. The petition shall be accompanied with an application fee of one hundred dollars, or such other fee as may be fixed from time to time by resolution of the city council.

(Ord. 641 § 1 (part), 1990)

The city clerk shall present the petition to the council at its next regular meeting. The council shall not act upon the application until proceedings for a conditional use permit under Section 6.04.1580, and following, of this code have become final. The council may thereafter grant or deny the application in its discretion, in light of planning and zoning standards, compatibility with neighboring uses, burden on firefighting and law enforcement resources, and other factors of consideration reasonably bearing upon public health, safety and welfare.

(Ord. 641 § 1 (part), 1990)

If the council grants the application, the clerk shall issue the license for the period fixed by the council, upon the applicant's payment of the fee provided in Section 7.16.070.

(Ord. 641 § 1 (part), 1990)

No license shall be issued for a period longer than one year; provided, however, that if the city clerk receives, before the expiration of the license, no written protest concerning the conduct of the licensee or occurrences at the licensed premises, and if the licensee, before expiration of the current license, submits to the city clerk together with the license fee a written declaration under penalty of perjury that all information contained in the last-submitted application remains true and is unchanged, a license for the further period, equal to the period of the expiring license, may be issued by the clerk without petition to or hearing before the council. No license issued under the provisions of this chapter shall be sold, transferred or assigned, and no attempt to sell, transfer or assign such license, whether coupled with the sale of any other property or interests, shall be valid.

(Ord. 641 § 1 (part), 1990)

Each person granted a pool hall license shall pay the clerk, in advance of issuance of the license, a fee of seventy-five dollars for three or fewer game tables and twenty-five dollars for each table over three, or such other fees as may be fixed from time to time by resolution of the city council. If the license is issued for a period of less than one year, the fee shall be pro-rated on a monthly basis.

(Ord. 641 § 1 (part), 1990)

Every pool hall shall be situated within and on the ground floor of a building. At least half of the area of the building front shall be plate or window glass, clear of painting, signage, screening, curtains and other obstructions to view, open to within three feet of the floor, such that the interior of the pool hall shall be readily visible from the street.

(Ord. 641 § 1 (part), 1990)

No licensee shall at any time allow in the pool hall:

(1) Any card playing or card tables;

(2) Any singing or dancing;

(3) Any loud, noisy or offensive conduct, loud talking or shouting;

(4) Any amplified music or other amplified sound;

(5) Any game contested for money, chips, credit, or any other thing or token of value; or

(6) Any sale or offer for sale of alcohol or tobacco or of any illegal or contraband substance, or of drug paraphernalia, as defined in Section 15.42.010(3) of this code.

(Ord. 641 § 1 (part), 1990)

If any licensee under this chapter, or his agent, servant or employee, violates any provision of this chapter, or permits within the pool hall any form of gambling or any other act or activity, whether by patrons or others, such as is prohibited by any ordinance of this city, or by federal or state law, the council may at once revoke the license without refund of fee, and no license shall thereafter be granted to the licensee.

(Ord. 641 § 1 (part), 1990)