Fresno Municipal Code Art. 18 Billiard Rooms

(a) "Billiards," as used in this article, means any of the several games played on a table surrounded by an elastic ledge or cushions, with balls which are impelled by cues and shall include all forms of a game known as pool.

(b) "Billiard room" means any public place wherein the game of billiards is permitted to be played and shall include any place where a fee is charged, which is directly or indirectly conditioned upon or related to the playing of the game of billiards. (Rep. and Added. Ord. 6057, 1962).

A copy of this article shall be posted and maintained in a conspicuous place on the premises where the billiard room is conducted. (Rep. and Added Ord. 6057, 1962, based on former Sec. 7-203).

No person shall operate a billiard room between the hours of 2:00 a.m. and 6:00 a.m., or permit or allow any person to remain in any billiard room between the hours of 2:00 a.m. and 6:00 a.m. This section, however, shall not be construed to prevent regular employees from performing necessary work within the premises. (Rep. and Added Ord. 6057, 1962, based on former Sec. 7-201).

(a) No person under the age of eighteen years shall be in, remain in, enter or visit any billiard room, unless accompanied by his parent or guardian.

(b) No person having charge or control of any billiard room shall permit or allow any such person under the age of eighteen to be in, remain in, enter or visit any such billiard room, unless such minor person is accompanied by his parent or guardian.

(c) No person shall represent himself to have reached the age of eighteen years in order to obtain admission to such billiard room or to be permitted to remain therein when such person in fact is under eighteen years of age. (Rep. and Added Ord. 6057, 1962, based on former Sec. 7-202).

The provisions of Section 9-1804 shall not apply to a family billiard room, subject to each and all of the following conditions:

(a) The applicant for a permit, or a permittee, shall apply in writing to the Controller for permission to allow minors in such billiard room, and agree to comply with the following additional rules and regulations applicable to such billiard room:

(1) No alcoholic beverages of any kind shall be sold, consumed or possessed by any person on the premises of the billiard room or on any other premises having access (other than by means of a public street) to the premises of the billiard room.

(2) No gambling, betting or wagering of any kind shall be suffered, allowed or permitted on the premises of the billiard room.

(3) No profanity of any kind shall be used, suffered, allowed or permitted on the premises of the billiard room.

(4) The curfew hours for minors shall be strictly observed and enforced on the premises of the billiard room.

(5) The owners, managers and operators, and each of them, of the billiard room shall be strictly responsible for the enforcement of all rules and regulations, and shall not permit any person violating any rule or regulation to remain in such billiard room, and shall not permit any habitual violator to enter such billiard room.

(6) At least four signs shall be posted and maintained at conspicuous places in and about the billiard room, printed in bold one-inch-high letters placed on a contrasting background, and setting forth the substance of the rules and regulations in this section.

(b) The Controller, with the approval of the Police Chief, after investigation, and after determining that the premises of the billiard room are suitable for minors, may endorse the permit issued under this article as follows: "Minors allowed, subject to Fresno Municipal Code Section 9-1805"; and thereafter, the provisions of Section 9-1804 shall not apply to the billiard room described in such permit.

(c) Whenever a permit has been endorsed as provided in subsection (b), the permit may be suspended or revoked for the violation of the rules and regulations set forth in subsection (a) in accordance with Section 9-1815. (Added Ord. 6382, 1964; Am. Ord. 80-171, § 38, eff. 12-26-80).

No owner, proprietor, manager or employee of any billiard room shall permit the use of a pea-ball or dice, or the playing of games of chance in such billiard room, or give any checks or tokens which can be redeemed for merchandise or cash. (Added Ord. 6057, 1962).

A billiard room operating under the provisions of this article shall be so constructed and maintained that a clear and unobstructed view of the entire interior thereof may at all times be had from any entrance to such room. No partitions forming rooms, stalls, or other enclosures where the public congregates shall be permitted. This provision, however, shall not be construed to include the maintenance of washrooms, toilet rooms for proper purposes or the maintenance of closets for storing purposes exclusively. All billiard rooms shall be kept at all times in a clean, healthful and sanitary condition. (Added Ord. 6057, 1962).

The Controller shall prescribe such additional regulations not inconsistent with the provisions of this article as are deemed necessary by him in the public interest to prevent the operation of billiard rooms from adversely affecting the public peace, health, safety or morals. Such regulations before becoming effective shall be approved by the Council. A copy of such regulations shall be furnished to every person holding a permit to conduct a billiard room. (Added Ord. 6057, 1962; Am. Ord. 80-171, § 39, eff. 12-26-80).

The provisions of this article shall not apply to any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or corporation. (Added Ord. 6057, 1962).

No person shall conduct, manage, operate or maintain a billiard room in the city without having first obtained a permit from the city so to do in the manner provided in this article. (Added Ord. 6057, 1962, based on former Sec. 7-204).

The permit required in the preceding section shall be posted and maintained in a conspicuous place on the premises where such billiard room is located. (Added Ord. 6057, 1962).

(a) Any person desiring to obtain the permit required by Section 9-1810 of this Code shall file a verified application therefor with the Police Chief. Such application shall set forth the following information:

(1) Name, age and residence address of the applicant, if a natural person; or,

(2) If a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, together with their respective addresses; or,

(3) If a partnership, association or unincorporated company, the names of partners or persons comprising the association, together with their respective addresses;

(4) Name, age and residence address of the person who is to manage the billiard room, if other than applicant;

(5) The address at which the billiard room is to be conducted; and

(6) A statement as to whether or not an application for a similar permit has been refused or cancelled by this or any other municipality in the state and, if so, a full statement of the reasons therefor.

(b) At the time of filing such an application, the applicant or person making application upon behalf of any firm or corporation, and the person who is to manage the billiard room, if other than applicant, shall be photographed and fingerprinted, and such photographs and fingerprints shall be made a part of the application provided for herein.

(c) The original application shall be accompanied by the fee designated in the Master Fee Resolution to defray the expense of acting upon such application. Such fee shall be in addition to any permit or license fee which is now or may hereafter be required to be paid. (Added Ord. 6057, 1962, based on former Sec. 7-204; Am. Ord. 80-115, § 85, eff. 8-8-80).

(a) The Controller shall make an investigation of the facts stated in the application. After investigation, the Controller, with the approval of the Police Chief, shall issue a permit, which shall be effective for a period of one year from date of issuance, unless he shall find that the applicant is not a fit and proper person to conduct a billiard room or that the conduct of such billiard room at the location specified in the application would be detrimental to the public peace, morals, health or safety, in which event he shall deny the application.

(b) Any person aggrieved by the action of the Controller may file an appeal under Chapter 1, Article 4. If no appeal is filed within the time prescribed, the action of the Controller shall be final.

(c) No permit shall be issued until the permit fee provided in Section 9-1814 of this Code has been paid to the Controller. (Added Ord. 6057, 1962, based on former Sec. 7-204; Am. Ord. 80-171, § 40, eff. 12-26-80; Am. Ord. 81-157, § 21, eff. 12-11-81; Am. Ord. 98-65, § 14, eff. 10-1-98; Am. Ord. 2005-14, § 29, eff. 4-9-05).

Any permit issued under the provisions of this article may be renewed from year to year upon application. Such application shall be made in the same manner as for an original application, and shall be made within thirty days after the date of expiration of such permit or the last renewal thereof; and if not so made, the permit shall be null and void and not renewable. The fee designated in the Master Fee Resolution shall be charged for any application for a yearly renewal of any permit issued under the provisions of this article. In addition to the original application fee, or any renewal application fee, an annual permit fee in the amount designated in the Master Fee Resolution shall be paid before any permit is issued under the provisions of this article. The fee designated in the Master Fee Resolution shall be charged for any application for a change of location of the billiard room for which a permit has been granted. (Added Ord. 6057, 1962, based on former Sec. 7-204; Am. Ord. 80-115, § 86, eff. 8-8-80).

(a) Any permit granted under the provisions of this article may be suspended or revoked by the Controller when it appears that the billiard room for which the permit was granted is conducted in a disorderly or improper manner or in violation of any statute of the state, ordinance of the city, or regulation adopted pursuant to Section 9-1808 of this Code, or that the person conducting the billiard room is of an unfit character to conduct the same, or the billiard room for which the permit has been issued is being used to the detriment of the public or for a purpose wholly foreign to that for which the permit was issued.

(b) A permit granted under the provisions of this article shall not, by virtue of this section, be revoked, cancelled or suspended until a hearing is held by the Controller. Written notice of the time and place of such hearing shall be served upon the permittee at least five days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, cancelling or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon the application for such permit.

(c) Any person aggrieved by the action of the Controller may file an appeal under Chapter 1, Article 5. If no appeal is filed within the time prescribed, the action of the Controller shall be final. (Added Ord. 6057, 1962; Am. Ord. 80-171, § 41, eff. 12-26-80; Am. Ord. 98-65, § 15, eff. 10-1-98; Am. Ord. 2005-14, § 30, eff. 4-9-05).

Whenever a permit is revoked under the terms of Section 9-1815 of this Code, no application by the person whose permit has been revoked shall be considered by the Controller for a period of one year. (Added Ord. 6057, 1962; Am. Ord. 80-171, § 42, eff. 12-26-80).

No permit granted or issued under the provisions of this article shall be in any manner transferred or assigned, nor shall it authorize any person, other than is therein mentioned or named, to carry on the billiard room for which the permit was granted. (Added Ord. 6057, 1962).