Chapter 9 — POOLROOMS AND BILLIARD ROOMS

Section

3-9-1 Definitions

3-9-2 Copy of chapter to be posted in billiard rooms

3-9-3 Hours of operation

3-9-4 Restrictions on attendance of minors

3-9-5 Family billiard rooms

3-9-6 Gambling prohibited

3-9-7 Manner of construction

3-9-8 Permit, required

3-9-9 Permit, posting and display

3-9-10 Permit, application, fee

3-9-11 Permit, issuance and denial

3-9-12 Permit, renewal

3-9-13 Permit, suspension and revocation

3-9-14 Permit, revocation, hearing

3-9-15 Permit, revocation, notice

3-9-16 Permit, transferability

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

BILLIARD ROOM and POOLROOM. These terms are synonymous and mean any public place wherein the game of billiards is permitted to be played and includes any place where a fee is charged, which is directly or indirectly conditioned upon or related to the playing of the game of billiards.

BILLIARDS. As used in this chapter, 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 includes all forms of a game known as pool

(Ord. 284, passed 6-13-1985)

A copy of this chapter shall be posted and maintained in a conspicuous place on the premises where the billiard room is

conducted

(Ord. 284, passed 6-13-1985)

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

(Ord. 284, passed 6-13-1985)

(A) No person under the age of 18 years shall be in, remain in, enter or visit any billiard room unless accompanied by his or her parent or legal guardian.

(B) No person having charge or control of any billiard room shall permit or allow any such person under the age of 18 to be in, remain in, enter or visit any such billiard room, unless such minor person is accompanied by his or her parent or legal guardian.

(C) No person shall represent himself or herself to have reached the age of 18 years in order to obtain admission to such billiard room or to be permitted therein when such person in fact is under 18 years of age.

(Ord. 284, passed 6-13-1985)

The provisions of §§ 3-9-1 through 3-9-4 of this chapter 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 Chief of Police for permission to allow minors in such billiard room, and agrees 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 one

inch high letters placed on a contrasting background, and setting forth the substance of the rules and regulations of this section.

(B) The Chief of Police, after investigation, and after determining that the premises of the billiard room are suitable for minors, may endorse the permit issued under this chapter as follows: “Minors Allowed”.

(C) Whenever a permit has been endorsed, as provided in subsection (B) of this section, the permit may be suspended or revoked for the violation of the rules and regulations

(Ord. 284, passed 6-13-1985)

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. No paraphernalia for playing pea ball, dice or any other betting game will be allowed in any billiard room

(Ord. 284, passed 6-13-1985)

A billiard room operating under the provisions of this chapter 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. Billiard rooms must provide a minimum general illumination of 50 foot-candles in addition to any special lights over the table. 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 or 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

(Ord. 284, passed 6-13-1985)

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 chapter

(Ord. 284, passed 6-13-1985)

The permit required in the preceding section shall be posted and maintained in a conspicuous place on the premises where such billiard room is locked

(Ord. 284, passed 6-13-1985)

(A) Any person desiring to obtain the permit shall file a verified application therefor with the Chief of Police. Such application shall set forth the following information:

1. Name, age and residence address of the applicant if a natural person;

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;

3. If a partnership, association or unincorporated company, the names of partners, or persons comprising the association,

together with the 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 similar permit has been refused, suspended or canceled by this or

any other public agency in the state and, if so, a full statement of the reason 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 in this chapter.

(C) The application shall be accompanied by a fee in the sum of $5 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

(Ord. 284, passed 6-13-1985)

The Chief of Police shall cause an investigation to be made. After investigation, the Chief of Police shall issue a permit, which shall be effective for a period of one year from date of issuance, unless he or she finds 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 or she shall deny the application; provided, that any person aggrieved by the action of the Chief of Police may appeal to the City Council by filing a written notice thereof with the City Clerk within five days from the date of notice of such action. The decision of the City Council after a public hearing on the appeal, shall be final. No permit shall be issued until the permit fee has been paid

(Ord. 284, passed 6-13-1985)

Any permit issued under the provisions of this chapter may be renewed from year to year upon application, as presently required by this code. If not made within 30 days of expiration of this permit, the permit shall be null and void and not renewable. A fee of $5 shall be charged for any application for a change of location of the billiard room for which a permit has been granted

(Ord. 284, passed 6-13-1985)

Any permit granted under the provisions of this chapter may be suspended or revoked by the Chief of Police when it shall appear 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 or ordinance of the city or regulation adopted pursuant to this chapter, or that the person conducting the billiard room is of an unfit character to conduct the same or the purpose for which the permit has been issued is being used to the detriment of the public or is being used for a purpose wholly foreign to that for which the permit was issued

(Ord. 284, passed 6-13-1985)

A permit granted under the provisions of this chapter shall not by virtue of this section, be revoked, canceled or suspended until a public hearing has been had by the Chief of Police relative to so doing. 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, canceling or suspending such permit

(Ord. 284, passed 6-13-1985)

Notice may be given either by personal delivery thereof to the person to be notified or by a 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; provided, that any person aggrieved by the action of the Chief of Police may appeal to the City Council by filing a written notice thereof with the City Clerk within five days of the date of the notice of such action. The decision of the City Council, after a public hearing on such appeal, shall be final

(Ord. 284, passed 6-13-1985)

No permit granted or issued under the provisions of this chapter 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.

(Ord. 284, passed 6-13-1985)