Newark Municipal Code Ch. 5.08 Billiard Parlors

A "family billiard parlor" means any place within the city, including any room or establishment where one or more billiard, pool or combination of billiard and pool table(s) is or are kept or maintained for hire where minors are permitted and where less than thirty percent of the total revenue generated by the business comes from the sale of alcoholic beverages.

(Ord. 266 § 1, 1990: Ord. 101 § 1, 1966)

It is unlawful for any person to permit or allow or provide premises for the opening, conducting or carrying on of a family billiard parlor unless there exists a valid permit for the premises thereof, granted by the chief of police and existing in compliance with the provisions of this chapter. The permit required in this chapter shall be an annual permit and shall not be transferable. The permit granted in this chapter shall expire on the thirty-first day of December, of the year granted. There shall be no proration of the permit fee provided in Section 5.08.030.

(Ord. 101 § 2, 1966)

No permit shall be issued unless a written permit application, verified by the owner of the premises or lessee thereof, if any, has been presented to the chief of police accompanied by a permit fee as established by city council resolution, no part of which shall be refundable, in which the following information is provided:

A. The name and residence of the applicant;

B. In the case of a partnership, it shall state the names and addresses of all partners;

C. In the case of a corporation, it shall state the names and addresses of the officers, directors and all stockholders presently holding stock and all who for six months prior to the making of the application have been officers, directors or stockholders;

D. In the case of club or associations, it shall state the names and addresses of all officers;

E. Whether or not the person or persons named in the application have ever been convicted of a violation of any federal, state or municipal law;

F. The location of the premises to be licensed;

G. The number of pool tables and billiard tables to be located upon the premises to be licensed;

H. A copy of a permit from the State Alcohol and Beverage Control Board that includes the condition that no more than thirty percent of the total revenue of the operation can be derived from the sale of alcoholic beverages.

(Ord. 266 § 2, 1990; Ord. 101.1 § 1, 1979: Ord. 101 § 3, 1966)

The chief of police must first satisfy himself that the conduct of such family billiard parlor will be in keeping with the public welfare, and for this purpose may consider any facts or evidence bearing on the place where the proposed family billiard parlor is to be located, the character, reputation and moral fitness of those who will be in charge of it and any other facts or evidence tending to enlighten the chief of police. The chief of police shall impose such conditions on the permit as in his opinion are necessary for the protection of public peace, health, safety and the general welfare.

(Ord. 101 § 4, 1966)

If the chief of police sees fit to grant a permit, he shall issue a permit pursuant to this chapter to the applicant for the family billiard parlor to be held at the place or places named in the application, upon satisfactory proof of the existence of a valid business license as required by the city.

(Ord. 101 § 5, 1966)

Permits issued under this chapter may not be assigned, transferred or loaned and shall contain a statement that such permit is subject to revocation and the premises therein are subject to closing.

(Ord. 101 § 10, 1966)

The following conduct shall be considered specific grounds for revocation in addition to any other grounds found by the chief of police:

A. Violation of any laws of the state upon the licensed premises by the licensee or its agents, servants, employees or representatives;

B. Violations of any of the laws of the city upon the licensed premises by the licensee or its agents, servants, employees or representatives;

C. That the license was procured by fraudulent conduct or false statement of a material fact by the applicant at the time of the hearing upon the application before the city council, where such fact would have constituted a just cause for refusing to issue the license;

D. Permitting or suffering any activity upon the licensed premises which is, or may be, detrimental to the public health, safety, welfare or morals.

(Ord. 101 § 6, 1966)*

Minors under the age of eighteen shall be permitted in the family billiard parlor with the consent of their parents.

(Ord. 101 § 6, 1966)*

* Editor's note: Ordinance 101 contained two sections numbered "6."

In any family billiard parlor established pursuant to this chapter where minors under the age of eighteen are present, the following conduct is prohibited:

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

B. No person under the age of eighteen years shall be allowed in a family billiard parlor between the hours of ten p.m. and the time of sunrise the following day unless accompanied by their parent or legal guardian.

C. The owners, managers and operators, and each of them, of the billiard room shall be directly 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.

D. No owner, proprietor or employee of any family billiard parlor shall permit the use of pea-ball, or dice or the playing of games of chance in such family billiard parlor or the playing of any game of cards for money whether involving skill or chance, or give any checks or tokens which can be redeemed for merchandise or cash.

(Ord. 266 § 3, 1990: Ord. 101.1 §§ 2,3, 1979; Ord. 101 § 7, 1966)

All premises in which the games of pool and billiards are played and at which minors are permitted to attend shall be on the street floor of the building in which they are housed and shall be so arranged and so lighted that a full view of the interior may be had from the public thoroughfare or from adjacent rooms to which the public is admitted at all hours during which the establishment is open.

(Ord. 101 § 8, 1966)

This chapter shall not apply to religious, charitable, benevolent, or nonprofit associations which operate or maintain any pool or billiard tables solely for the recreation and amusement of their members, provided, such organization is bona fide in character and is not intended as a means or device for evading the terms and pro- visions of this chapter, nor shall this chapter apply to the keeping of any pool or billiard tables in private residences. This chapter shall not be applicable to any establishment where pool and billiards are played where persons under the age of twenty-one are not permitted.

(Ord. 101 § 9, 1966)

The chief of police or any of his deputies will have the power to close any premises for which a permit is issued under this chapter for disturbing the peace, disorderly conduct, obscene or indecent behavior, or for violation of any law or ordinance.

(Ord. 101 § 11, 1966)

A copy of the ordinance codified in this chapter and the permit shall be posted in a conspicuous place on the premises used for a family billiard parlor during all times it continues in operation.

(Ord. 101 § 12, 1966)

Violation or failure to comply with any provision of this chapter shall constitute an infraction and shall be punishable in accordance with the provisions set forth in Chapter 1.16 of this code.

(Ord. 270 § 2, 1990: Ord. 101 § 13, 1966)

The violation of any of the provisions of this chapter shall also be deemed a nuisance. Civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the appropriate legal officers of the city upon complaint of the chief of police.

(Ord. 101 § 14, 1966)