Fullerton Municipal Code Ch. 3.54 Poolrooms and Public Amusement Rooms

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

POOLROOM. Any place open to the public where billiards or pool is played, where the general public is allowed to play therein, whether any compensation or reward is charged for the use of such tables or not.

(Ord. 2066, passed - -1975)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

PUBLIC AMUSEMENT ROOM. Any place open to the public where any amusement device is played, where the general public is allowed to play therein, whether any compensation or reward is charged for the use of such devices or not.

(Ord. 2066, passed - -1975)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

AMUSEMENT DEVICE. Any pool table, billiard table, game, exhibition, shuffleboard game or amusement device or any mechanical amusement device or machine which upon the insertion of a coin, slug or token in any slot or receptacle attached to a machine or connected therewith operates or which may be operated for use as a game, contest or amusement.

(Ord. 2066, passed - -1975)

No person shall conduct, carry on or manage the business of poolroom or public amusement room without first having obtained a permit from the Chief of Police.

(Ord. 2066, passed - -1975)

Application for a permit to conduct, carry on or manage a poolroom or public amusement room shall be made to the Chief of Police on a form provided by him or her, which application shall be signed by the applicant and shall contain the following information:

(A) Name of the applicant and complete physical description;

(B) Name of business and address for which the permit is applied;

(C) Residence address of the applicant;

(D) Date and place of birth;

(E) If the applicant has been arrested or convicted of any felony or misdemeanor, then a statement concerning the same should be required of the applicant, giving the time and place of the arrest or convictions;

(F) A photograph of the applicant taken within 60 days immediately prior to the date of filing of the application which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(G) A statement that the game, recreational or mechanical amusement device or devices for which a license is sought, is not intended to be and will not be permitted to be used for any gambling purpose whatsoever;

(H) A complete description of the game, recreational or mechanical amusement device or devices, and the manner in which they are to be placed and operated; and

(I) Applicant shall submit to being fingerprinted and shall submit the names of at least two reliable property owners of the county or the state, who will certify as to the applicant’s good moral character and business responsibility, or in lieu of the names of reference, any other available evidence as to the good moral character and business responsibility of the applicant, that will enable the investigator to properly evaluate such moral character and business responsibility. A copy of said application shall be promptly sent by the Chief of Police to the license collector.

(Ord. 2066, passed - -1975)

The initial application shall be accompanied by a fee of $100 to be paid to the City Treasurer to cover the cost of investigation for each permit applied for pursuant to the provisions of this chapter, and a renewal fee of $25 for each renewal thereof.

(Ord. 2066, passed - -1975; Ord. 2411, passed - -1982)

(A) The Chief of Police shall conduct an investigation of the applicant’s moral character and business responsibility as he or she deems necessary for the protection of the public interests.

(B) The Chief of Police shall complete his or her investigation herein provided for, to be made within a reasonable time, and shall make a written report upon completion of said investigation and shall within 15 days either grant or deny the issuance of a permit.

(Ord. 2066, passed - -1975)

(A) A permit issued hereunder may be revoked or suspended by the Chief of Police or an application for issuance of such permit may be refused by the Chief of Police if he or she determines that:

(1) The applicant or permit holder is not an individual of good moral character and business responsibility;

(2) The application of the applicant or permit holder contains any false, fraudulent or misleading material statements;

(3) The applicant or permit holder has made any false, fraudulent or misleading material statement in the course of conducting his or her business under said permit in the city;

(4) The applicant or permit holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of his or her business in the city;

(5) The applicant or permit holder has been convicted of any crime or misdemeanor involving moral turpitude; or been convicted of any crime enumerated in Cal. Penal Code Part 1, Title 9, Chapters 9 and 10. Any such conviction will justify the revocation of an existing permit; or

(6) The applicant or permit holder has conducted his or her activity in the city in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public, or permit or allow any illegal, improper or disorderly conduct.

(B) The Chief of Police may revoke any permit issued pursuant to this chapter if the business mentioned in § 3.54.040 is one that produces an above-average number of violations of law.

(Ord. 2066, passed - -1975; Ord. 2784, passed - -1991)

No permit to engage in, conduct, manage or carry on any business mentioned in § 3.54.040 of this chapter shall be approved by the Chief of Police if the person for whom such permit is sought has failed, refused or neglected to comply with any law or ordinance relating to or regulating the business for which such permit is sought.

(Ord. 2066, passed - -1975)

(A) No permit authorized by this chapter shall be transferable to, or used, by a person not named in the permit as the person to whom it was issued.

(B) All permits issued pursuant to this chapter shall expire one year from the date of issuance.

(Ord. 2066, passed - -1975; Ord. 2411, passed - -1982)

No person may apply for any permit authorized by this chapter within one year from any denial of any such permit to such person or from the revocation of any such permit issued to such person, unless the cause of the denial or revocation has been to the satisfaction of the Chief of Police or City Manager removed within such time.

(Ord. 2066, passed - -1975)

Each person to whom a permit has been issued under this chapter shall immediately surrender his or her permit to the Chief of Police upon its revocation.

(Ord. 2066, passed - -1975)

No person shall conduct, carry on or manage the business of or maintain any amusement device or any mechanical amusement device or machine which upon the insertion of a coin, slug or token in any slot or receptacle attached to a machine or connected therewith operates or which may be operated for use as a game, contest or amusement or for the dispensing of music or which may be used for any such game, contest, amusement or music or entertainment and which contains any payoff device for the return of slugs, coins, money, checks, tokens or merchandise. Any such amusement device shall be seized by the Chief of Police.

(Ord. 2066, passed - -1975)

Nothing in this chapter contained shall be construed to permit the licensing, maintenance or operation of any mechanical device or apparatus which is contrary to any of the laws of the state or the ordinances of the city; nor to permit the operation of any mechanical play device licensed hereunder in such a manner as to be contrary to any of said laws or ordinances.

(Ord. 2066, passed - -1975)

Minors shall not be permitted to enter, remain or play games after 10:00 p.m. unless accompanied by a parent or guardian.

(Ord. 2066, passed - -1975; Ord. 2411, passed - -1982)

Upon any permit required by this chapter being refused, suspended or revoked by the Chief of Police, the applicant or permittee may, within 15 days after notice thereof has been sent by certified mail, addressed to him or her at his or her address shown on his or her application, or otherwise on file with the Chief of Police, file a written request, containing his or her address, with the City Manager, for a hearing by him or her to review such action. The City Manager shall set such hearing within 30 days from his or her receipt of any such request and send by certified mail, addressed to the person making such request at the address shown therein, a notice of the time and place of such hearing at least 15 days in advance thereof. Within 30 days after the date set for such hearing, the City Manager shall direct the Chief of Police to issue, continue in effect, reinstate, refuse, suspend or revoke such permit and he or she shall act as so directed. Upon the City Manager so directing any such permit to be refused, suspended or revoked, he or she shall send notice thereof by certified mail addressed to the person who requested such review at the address shown therein. Such person may, within 15 days after such mailing of such notice, file a written request, containing his or her address, with the City Clerk, for a hearing by the Council to reconsider such refusal, suspension or revocation. Upon the receipt of any such request, the City Clerk shall set such hearing within 30 days and shall send a notice of the time and place thereof by certified mail to the person making such request at the address shown therein at least 15 days in advance of such hearing. After the date set for such hearing, the Council may order the issuance, continuance in effect or reinstatement of any such permit.

(Ord. 2066, passed - -1975)

The provisions of this chapter shall not apply to amusement devices operated at circuses, carnivals or tent shows nor shall it apply to any business which has no more than three or a combination of three such amusement devices as defined in this chapter.

(Ord. 2066, passed - -1975)

If any word, phrase, clause, sentence or section of this chapter is for any reason invalid, such invalidity shall not impair the validity of any other part of this chapter and the Council declares that it would have enacted each and every part of this chapter without any such invalid or any other part thereof.

(Ord. 2066, passed - -1975)

Any violation of this chapter is a misdemeanor.

(Ord. 2825, passed - -1992)