Chapter 5.32 — BILLIARD AND POOL ROOMS

This chapter shall be known as the "poolroom ordinance."

(Ord. 4956 § 1 (part), 1969: Ord. 4687 § l(A), 1964)

Unless otherwise expressly stated or where the context clearly indicates a different construction, the following terms, for the purpose of this chapter, shall have the following meanings:

A.

"Accompanied" means in such proximity as to be able to exercise supervision over a minor at all such times as a minor shall be in or about any poolroom as herein defined.

B.

"Manager" means the proprietor or other person in charge of any poolroom as herein defined.

C.

"Pool" 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 shall include all forms of the game known as pool, billiards or snooker.

D.

"Poolroom" means that portion of any public place set aside for, devoted to or used in connection with the playing of the game of pool, billiards or snooker where a fee is charged, which is directly or indirectly conditioned upon or related to the playing of any such game.

(Ord. 4956 § 1 (part), 1969: Ord. 4687 § 1(B), 1964)

This chapter shall not apply to any institution or organization which is conducted, managed or carried on wholly for charitable purposes and from which profit is not derived, either directly or indirectly, by any individual, firm or organization.

(Ord. 4956 § 1 (part), 1969: Ord. 4687 § 1(C), 1964)

A.

Lighting. The interior of every poolroom and all interior areas shall be brightly lighted while the poolroom is open to the public. The exterior of the building and parking lot shall have ample lighting installed and maintained. The exterior of the building and parking lot shall be lighted from sundown until closing and the lights shall be burned until all of the customers have left the premises. Lighting shall be so arranged as to be directed on the premises and away from any adjacent residential property.

B.

Open View.

All poolrooms shall be so constructed and maintained that a clear and unobstructed view of the entire interior thereof may at all times be had from the street or sidewalk in front of the same, except in those cases where the poolroom is an auxiliary use within a bowling center. No partitions forming rooms, stalls or other enclosures where the public congregates shall be permitted. This provision shall not apply to washrooms and toilet rooms for proper purposes or closets used solely for storage purposes.

No person under the age of 18 years shall be permitted to enter, visit or remain in any poolroom which does not conform to the foregoing open-view requirements. No manager of any poolroom shall permit or allow any person under the age of 18 years to enter, visit or remain in any poolroom which does not conform to the open-view requirements of this section.

The manager of any poolroom which does not conform to the open-view requirements of this section shall post and maintain on the exterior of all entrances to the poolroom that no person under the age of 18 years is permitted to enter, visit or remain therein.

C.

Permit Posting. No person shall maintain, conduct or operate any poolroom without first having applied for and received a permit as provided in this chapter. Such permit and a copy of rules and regulations issued by the city shall be posted and maintained in a conspicuous place on the premises where the poolroom is conducted.

D.

Restricted Hours. No manager of any poolroom shall permit or allow any person under the age of 18 years to enter, visit or remain in the poolroom between the hours of 2 a.m. and 6 a.m. of any day for the purpose of engaging in or taking part in any game of any kind and no such person shall enter or remain in such poolroom between the said hours for such purposes.

(Ord. 5306 § 1, 1977; Ord. 4956 § 1 (part), 1969: Ord. 4687 § 2(A), 1964)

A.

Any poolroom and any room adjacent thereto under the same management or control shall be subject at all times to city inspection and supervision for the purpose of ascertaining if the provisions of this chapter or any other applicable ordinance are being observed, and no person shall hinder, obstruct or delay any police officer or city inspector. The manager shall assist any member of the police department or any city inspector in the inspection of the premises.

B.

No person shall keep any door or entrance to any poolroom locked, barred or barricaded in such manner as to make it difficult of access or ingress to police officers or city inspectors while 2 or more persons are present in such room, and no person shall visit or resort to any such locked, barred or barricaded room or place protected in any similar manner to make it difficult of access or ingress to police officers or city inspectors when 2 or more persons are present.

(Ord. 4956 § 1 (part), 1969: Ord. 4687 § 2(B), 1964)

No alcoholic beverages shall be sold, dispensed, consumed, possessed, brought or allowed on the premises of any poolroom except in connection with premises having an alcoholic beverage control license.

(Ord. 4956 § 1 (part), 1969: Ord. 4687 § 2(C), 1964)

A.

No person shall permit gambling of any kind or description, or playing any games whatsoever for money or anything of value, within any poolroom. Nothing herein shall prohibit the giving of prizes in connection with a tournament or exhibition sponsored by the operator with the prior approval of the police chief.

B.

No card table shall be kept or any card games played or allowed in any poolroom.

(Ord. 4956 § 1 (part), 1969: Ord. 4687 § 2(D), 1964)

A.

No person under 16 years of age shall enter, visit or remain in any poolroom, unless accompanied by his parent, legal guardian or responsible adult.

B.

No manager of any poolroom shall permit or allow any person under 16 years of age to enter, visit or remain in any poolroom in violation of subsection A.

C.

The provisions of subsections A and B of this section shall not apply to any person under the age of 16, if such person (while in any poolroom) is a member of a bona fide organized recreational group sponsored by the Pasadena recreation department, and is attending such room as a part of its activities, and there is in charge of such group and accompanying such group, while in a poolroom, a responsible adult approved by the Pasadena recreation department.

D.

No person shall represent himself to have reached the age of 16 in order to obtain admission to a poolroom or to be permitted to remain therein when such person in fact is under 16 years of age.

E.

No person under the age of 18 shall enter, visit or remain in any poolroom after 10 p.m. and before 6 a.m. of the next day, unless accompanied by his parent or legal guardian.

F.

No manager of any poolroom shall permit or allow any person under the age of 18 to enter, visit or remain in any poolroom, after 10 p.m. and before 6 a.m. of the next day, unless such minor is accompanied by his parent or legal guardian.

G.

The manager of every poolroom shall maintain a notice at each public entrance thereof to the effect that persons under the age of 16 years of age are prohibited from entering the same unless accompanied by their parent, guardian or responsible adult.

(Ord. 4956 § 1 (part), 1969: Ord. 4687 § 3, 1964)

A.

Applications for a permit or renewal shall contain the following information:

The location of the business;

The names and residence addresses of the owners, manager, operator and any other person in charge of the premises. If the owner is a corporation, the names and addresses of all officers of the corporation;

The fictitious name, if any, under which the business is operated;

The business for which the permit is requested and the numbers and kinds of tables to be used;

The application must be accompanied by the photograph and fingerprints of every owner, manager, operator and any other person in charge of the premises, including all officers of a corporate owner. The photographing and fingerprinting shall be done at the Pasadena police department except upon prior approval of the police chief and subject to such rules and regulations as he prescribes;

A general statement describing the mode of operation of such establishment, including whether or not alcoholic beverages are sold or dispensed on the premises or whether or not a permit for alcoholic beverages will be applied for during the term of the permit.

B.

The initial application for a permit shall be accompanied by an application fee of $67.06 plus $13.44 for each person named in the application. An application for renewal of a permit shall be accompanied by a renewal fee of $16.76 plus $13.44 for each person not previously named in the initial application or a previous renewal application.

The application fee and renewal fee required by this subsection are in addition to any business license tax required by Chapters 5.04 through 5.16.

(Ord. 6113 § 21, 1985: Ord. 4956 § 1 (part), 1969: Ord. 4687 § 4(A), 1964)

The police chief shall cause an investigation to be made of each person connected with the business as to moral character and whether he has been convicted of any crime involving moral turpitude, an investigation of the proposed location and premises and of any other matter pertinent to such permit application.

(Ord. 4956 § 1 (part), 1969: Ord. 4687 § 4(B), 1964)

A.

Upon completion of the investigation, the police chief shall issue a permit and may impose conditions thereon unless he finds and determines that the granting of the application is detrimental to the public health, safety or welfare of the people of the city. The permit shall be issued for the period of 6 months from the original application or from the expiration of the prior permit. The license collector shall not issue a business license for such business unless the license applicant presents a current permit therefor approved by the chief.

B.

Any poolroom existing at the time of the adoption of the ordinance codified herein shall become a nuisance on the 46th day following the publication of the ordinance codified herein unless an application for a permit has been filed with the police chief.

(Ord. 4956 § 1 (part), 1969: Ord. 4687 § 4(C), 1964)

Upon denial of an application, the chief shall notify the applicant in writing of his finding and determination.

(Ord. 4956 § 1 (part), 1969: Ord. 4687 § 4(D), 1964)

Any person aggrieved by a decision of the issuing authority may appeal the decision in accordance with the appeal procedures set forth in Chapter 5.36 of this code, as most recently amended. For purposes of this chapter the police chief shall be the issuing authority.

(Ord. 5522 § 2, 1981; Ord. 4956 § 1 (part), 1969: Ord. 4687 § 4(E), 1964)

A.

Any business existing on the effective date of the ordinance codified herein shall pay a penalty of $20.00 in addition to the application fees unless the application for the business is received within 40 days after January 6, 1970.

B.

Any business operating under a permit pursuant to this chapter shall pay a penalty of $5.00 in addition to the renewal application fee unless the renewal application for such business is received not less than 10 days prior to the expiration of the prior permit.

C.

New Poolroom. Any poolroom proposed to be established after the effective date of the ordinance codified herein shall obtain a permit prior to opening the business to the public.

(Ord. 4956 § 1 (part), 1969: Ord. 4687 § 5, 1964)

Any person violating any provision of this chapter is guilty of a misdemeanor, and shall be punishable therefor by a fine of not more than $500.00, or by imprisonment in the city jail for a period of not more than 6 months, or by both such fine and imprisonment. Each such person is deemed guilty of a separate offense for every day during any portion of which any violation of this chapter is committed, continued or permitted by such person and shall be punishable therefor as provided by this chapter.

(Ord. 4687 § 6, 1964)