Maywood Municipal Code Ch. 3 Billiards and Poolrooms

For the purposes of this chapter, "billiard room" shall mean any place open to the public where billiards, bagatelle, or pool is played (except a private residence and rooms of a bona fide fraternal organization) and in which any billiard, bagatelle, or pool table is kept and persons are permitted to play thereon, whether any compensation or reward is charged for the use of such table or not.

(§ 2, Ord. 23)

It shall be unlawful for any person, whether as principal, clerk, servant, agent, or employee, to engage in, conduct, or carry on any billiard room without first having procured a license so to do and paid the tax therefor as provided in this chapter.

(§ 14, Ord. 23)

Any person desiring to obtain such license shall file with the Council a written application therefor, signed and sworn to by the applicant or by an officer thereof, if the applicant is a corporation, stating the exact location of the place where such billiard room is to be located.

(§ 3, Ord. 23)

The Council shall have the discretion to deny such application if it shall appear to the Council that the applicant is not of good moral character or is an unfit person to manage or conduct such establishment or that, by reason of the place where such establishment is to be located, the conducting or carrying on thereof would be detrimental to the public health, public order, or public morals.

(§ 3, Ord. 23)

No license to conduct, manage, or carry on a billiard room shall be issued by the License Collector except upon the order of the Council, written notice of which shall be given to the License Collector by the Council. Any license issued upon such order of the Council shall authorize such business to be carried on only at the place mentioned in the application and by the person by whom such application was made; provided, however, the Council, by an order entered on its minutes and certified to the License Collector, may authorize a transfer of such license from one place to another.

A license shall be procured immediately before the commencement of any business or the doing of any act liable to the license tax of the City. Such license shall authorize the licensee to transact the business described in the license in his particular locality in the City.

(§§ 3 and 15, Ord. 23)

Every person managing or conducting a billiard or poolroom shall procure a license and pay a license tax in the amount of Thirty and no/100ths ($30.00) Dollars per table per year.

(§ 1, Ord. 23, as amended by § 1, Ord. 143, and § 2, Ord. 78-171, eff. June 27, 1978)

Every license granted pursuant to the provisions of this chapter shall be granted and accepted by all persons receiving such licenses with the express understanding that the Council may revoke the license, or the order for the issuance thereof, at any time when it appears to the Council that any state of facts exists upon which it would be authorized to deny an application for such license, or that the person to whom such license was issued, or any of his agents, servants, or employees or any other person in charge of or employed about the business for which such license was issued, has violated or has been convicted of violating any of the conditions of the license or of the provisions of this chapter or of any other law of the City or State regulating the business for which such license was issued, or that the license was obtained by fraudulent representations, or that the licensee is an unfit person to be trusted with the privileges granted by such license or has conducted his business in an immoral or disorderly manner; provided, however, no license shall be revoked without giving the licensee an opportunity to appear before the Council in his own behalf. On the revocation of the license, no part of the money in the hands of the License Collector shall be returned, but such license shall be forfeited to the City. Notice of such revocation shall be given to the License Collector by the Council. When a license of any person is revoked for any cause, no new or other license for the same business shall he granted to the same person within six (6) months after the date of such revocation.

(§ 8, Ord. 23)

When an order of the Council is necessary to the issuance of any license, such order when made, unless expressly rescinded, shall continue in force and apply to each subsequent quarterly license until the first day of January next thereafter, and no longer.

All licenses issued upon order of the Council shall mature and terminate on the first day of January of each year, and any person desiring to renew such license at the same location shall file a new application on or before the 15th day of December preceding. Such new application may be acted upon by the Council without notice, and, upon the approval of such application, the License Collector shall be ordered to issue a new license unless, in the judgment of the Council, for any reason a rehearing is required, in which case the applicant shall be notified to appear for a hearing as in the case of an original application.

(§§ 10 and 11, Ord. 23)

No person who has once been refused a license shall be granted a license for the same business upon a second application made within six (6) months after the first application. No person shall be granted a license upon any application after having been twice refused. Any applicant for a license may be examined under oath, and any competent evidence may be adduced as to whom is the real party in interest. If the Council is satisfied that the applicant is not in the interest of the person in whose name the application is made, it may refuse to grant the license, and, if found to be in the interest of one who has already been refused a license, the Council may treat the application as if made by the real party in interest, and the application shall have the same effect against any future application as if it had been made in the name of the real party in interest.

(§ 13, Ord. 23)

Every person having a license pursuant to the provisions of this chapter shall keep such license posted and exhibited, while in force, in some conspicuous part of such place of business. Every person having such license shall produce and exhibit the same when applying for a renewal thereof and whenever requested to do so by any peace officer or officer authorized to issue, inspect, or collect licenses.

(§ 9, Ord. 23)

A separate license shall be obtained for each branch establishment or separate place of business located in the City.

(§ 15, Ord. 23)

No owner, manager, proprietor, or other person having charge of any billiard room shall keep the same open, or allow or permit the same to be kept open, or allow or permit any game to be played therein from 2:00 a.m. of any day until 7:00 a.m. of the following day, or allow or permit any person except such owner, manager, proprietor, or person in charge thereof, or the servants regularly employed in and about the same, to be or remain therein between such hours.

(§ 4, Ord. 23)

No person under the age of eighteen (18) years shall be in, remain in, enter, or visit any billiard room or poolroom unless such minor person is accompanied by one of his parents or by his guardian if he has no parents living.

(§ 5, Ord. 23, as amended by § 1, Ord. 166)

No owner, manager, proprietor, or other person in charge of any billiard room shall allow or permit any person under the age of eighteen (18) years to be in, remain in, enter, or visit such place unless such minor person is accompanied by one of his parents or by his guardian if he has no parents living, or unless a written consent thereto signed by both the parents of such minor person, or by his surviving parent if either is dead, or by his guardian if he has no parents living, has been given to such person in charge of such place.

(§ 6, Ord. 23)

No owner, manager, proprietor, or other person in charge of any billiard room shall allow or permit any intoxicated, quarreling, or disorderly person to be in or remain in such place.

(§ 7, Ord. 23)