Los Gatos Municipal Code Art. II Pool and Billiard Parlors

Footnotes:

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State Law reference— Authority of town to license for purposes of revenue and regulation, Gov. Code § 37101, see also Bus & Prof. Code, § 16000.

For the purposes of this article a "pool or billiard parlor" shall mean a room in which there are three (3) or more pool or billiard tables used for the purpose of playing pool or billiards, for which a compensation of any kind is paid to the owner, proprietor, manager, lessee or possessor thereof.

(Code 1968, § 4-1)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

No person shall engage in, carry on or operate in the Town the business of running, operating, conducting or having pool or billiard parlors unless such person, or the principal or employer of such agent, servant or employee, shall first have procured a license therefor as provided in this article.

(Code 1968, § 4-2)

Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

(a) Any person desiring to engage in carrying on or operating within the Town the business of conducting, operating, managing or having a pool or billiard parlor shall first make application to the Tax and License Collector for a license to do so. Such application shall be in such form as established by the Town Council from time to time.

(b) Such application shall be filed by the Tax and License Collector in the Finance office, and each application shall be numbered consecutively in the order of filing.

(Code 1968, § 4-3; Ord. No. 2031, § I, 7-21-97)

(a) Upon the filing of an application under this article with the Tax and License Collector, a license fee as specified in section 14.20.115 for each pool or billiard table operated or to be operated therein, shall be paid to the Tax and License Collector.

(b) A separate receipt or certificate shall be issued by the Tax and License Collector for each quarterly payment of the license fee, after the first, so that the same may be affixed to the original license.

(c) The fees received by the Tax and License Collector for the issuance of licenses and for the quarterly license fee shall be paid by the Tax and License Collector into the Town Treasury in the manner as other funds received by the Tax and License Collector are paid into the Town Treasury, and shall be credited to the general fund.

(Code 1968, § 4-4; Ord. No. 2031, § II, 7-21-97)

Upon the filing of an application under this article and payment of the required fees, it shall be the duty of the Tax and License Collector to issue the license to the applicant, giving the date of issuance thereof; the name of the licensee, together with the description of the premises at which the business so licensed shall be conducted; the number of the license, corresponding with the serial number of the application therefor, whether persons between the ages of eighteen (18) and twenty (20) are authorized to enter upon the premises; and a statement that the license may be revoked by the Town Council upon two (2) days' notice to show cause to the licensee for failure to comply with the terms of the application, or of this article or any other ordinance of the Town relating thereto.

(Code 1968, § 4-5; Ord. No. 2031, § III, 7-21-97)

No license under this article shall be issued for a shorter period than one (1) quarter, nor shall fractions of a quarter be considered in determining the license fee to be paid. A license, when issued, shall continue in force until terminated, as provided in this article, or until cancelled by voluntary surrender thereof by the licensee, or until the licensee shall have failed for a period of ten (10) days after the quarterly license tax becomes due to pay for the same. Any license issued in accordance with this article may be transferred by the licensee to any other person, upon filing notice to that effect with the Tax and License Collector; provided, that such other person shall be qualified under the terms of this article to receive the same.

(Code 1968, § 4-6; Ord. No. 2031, § IV, 7-21-97)

Every licensee under this article shall post and keep posted the license granted and each certificate or renewal thereof in a conspicuous place on the premises for which the same is granted.

(Code 1968, § 4-7)

(a) If any licensee under this article violates any of the terms of this article, the application for a license or the provisions of any other ordinance of the Town relating to the conduct or maintenance of a pool or billiard parlor, it shall be the duty of the Chief of Police to serve upon such licensee, or the licensee's agent, a notice to appear before the Town Council to show cause why the license shall not be terminated and cancelled. Such notice shall be served not less than two (2) days before the time fixed for such hearing. The Town Council shall have the right upon hearing to take sworn testimony relating to the alleged violation, and to determine whether or not the license shall be terminated and cancelled. If violations relate to a license where persons under the age of twenty-one (21) are allowed to play, the Town Council may determine that the license shall be modified to prohibit any further play by such persons. In the event of the termination, cancellation or modification of such license under the provisions of this section, no new license shall be issued to such licensee nor shall such license be again modified so as to permit persons under the age of twenty-one (21) years to play, nor shall such license be issued to any firm of which the licensee is a member, or to any corporation of which the licensee is a stockholder, for a period of one (1) year thereafter.

(b) In the event of the termination or cancellation of such license under the provisions of this section, no license shall be issued to any person within a period of six (6) months thereafter to engage in, carry on or operate any pool or billiard parlor within the same building or premises, or at the same location for which such cancelled license was issued.

(Code 1968, § 4-8)

No person, either as principal, agent or employee, shall permit any person under the age of eighteen (18) years, or any intoxicated person, to enter, be or remain at the premises for which a license is issued pursuant to this article, or permit any gambling therein or any intoxicating liquors to be kept, used, taken or had therein, or permit any loud or boisterous language to be indulged in, at or on such premises, or shall fail to keep and maintain the same in an orderly manner.

(Code 1968, § 4-9)

No licensee under this article shall operate or have open the premises so licensed between the hours of 9:00 p.m. and 10:00 a.m.; except, that where the licensee does not permit any person under the age of twenty-one (21) years to enter upon the premises, such place of business may be open between the hours of 6:00 a.m. and 11:30 p.m.

(Code 1968, § 4-10)