Chapter 116 — ENTERTAINMENT; AMUSEMENTS AND GAMES

It shall be unlawful for any person, either as owner, manager, agent, employee, or otherwise, to open, operate, maintain, carry on, or conduct any card room or game room where any poker game, card game, or similar game is played, carried on, conducted, or permitted. ('65 Code, § 5-6.01) (Ord. 403, passed - - ) Penalty, see § 10.99 Cross-reference: Gambling unlawful, see § 130.06

AMUSEMENT MACHINES

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANY GAME SIMILAR TO A MARBLE GAME. This phrase shall mean: (1) Any miniature mechanical bowling game device, by whatever name called; and (2) Any table, cabinet, or mechanical device equipped for the playing of any game whereby any marble, ball, pellet, or any tangible moving object is propelled, rolled, shot, or released toward a goal, pin, set of pins, or other objective by means of any plunger, ejector, mechanical bat, or mechanical hand, or by means of any other striking or releasing mechanism which is affixed or attached to the table or cabinet, or which is an integral part of the mechanical device, or which is mechanically manipulated, controlled, or guided; either of which is so contrived that at the conclusion of the operation or play thereof, a result is visible or otherwise discernible so as to permit or make practical the paying off or awarding of a prize or reward upon the operation or play of the game. ANY GAME SIMILAR TO A MARBLE GAME shall not include the games defined in this section as “games of skill and science.” CASINO EVENT. A fundraising event conducted by a nonprofit organization which includes controlled games, as that term is defined in Cal. Penal Code § 337j(e). CLAW, HOOK OR GRAB MACHINE. Any amusement machine or device so designed that articles placed or heaped therein for the purpose of the game may be grabbed, hooked, or otherwise displaced, recovered, or removed by the operation of any contrivance simulating in miniature a power shovel, clamshell, dragline, or similar excavating tool or machine. ('65 Code, § 5-3.01(a), (b)) (Ord. 905, passed - - ) GAME ARCADE. Any business location in which there are more than three coin- or token-operated amusement devices or games of skill and science, or any combination thereof, available for use by members of the public and/or business invitees, but shall not include any business location where the floor area devoted to such games is not in excess of 5% of the net floor area occupied by such business, and where the games are conducted in the same room or rooms as the principal business and are not operated in a separate room or partitioned area and does not exceed 10 games. ('65 Code, § 5-3.21) (Ord. 234-C.S., passed - - ; Am. Ord. 236-C.S., passed - - ) GAME OF SKILL AND SCIENCE. (1) Any game participated in by one or more players: (a) For any prize, gift, or award of anything of value; or (b) To produce any mechanically or electrically scored result, visible or otherwise discernible at the conclusion of the operation or play thereof, so as to permit or make practical the paying off or awarding of a prize or reward; Where and when any charge is made by the person conducting, operating, or maintaining such game, or any consideration is paid by any player for the right to play or participate in any such game, and the dominating factor in determining the result of such game is dependent upon the skill of the players and not upon chance; provided, however, in any case where the result of such game may be dependent to some extent upon the judgment, intelligence, or adroitness of the player, but nevertheless the dominating factor in determining the result of such game is chance, such game shall not be considered as a game of skill and science but shall be considered as a game of chance. (2) GAME OF SKILL AND SCIENCE shall not include any athletic games not played upon a table, cabinet, or mechanical device, billiards and pool games played upon billiard and pool tables of standard size and dimensions, the games of chess and checkers, all legal playing card games of skill and science, and athletic sporting events. HORSE RACING MACHINE. Any mechanically operated amusement machine or device contrived to simulate in miniature the running of a horse race or any other race run by beasts, human beings, or machines, or which is contrived to put in motion any number of objects or symbols which then do, or appear to, run or move against each other in the manner of a miniature race, or which is designed to represent by symbols the running of any race and the order of the finish thereof. MARBLE GAME. Any table, cabinet, or stand equipped for the playing of a game whereby marbles or balls are, with the aid of a mechanical plunger or other affixed device, propelled, released, shot, or rolled so as to drop or come to rest in holes, clots, cups, or traps, resulting in a score or tally being electrically or otherwise registered or shown, which score or tally depends upon the course followed or point reached by the marble or ball or upon the contact points touched by it along its course, or upon any combination of such factors. NONPROFIT ORGANIZATION. This phrase shall have the same meaning as defined in Cal. Bus. and Prof. Code § 19986(h). PIN GAME. Any table, cabinet, or mechanism equipped for the playing of any game whereby any marble, ball, pellet, or other moving object is propelled, released, rolled, or shot along, over, or above a surface set with pins, pegs, or other obstructions or irregularities which deflect or impede the course of the moving object, or which may divert or direct it beyond the control of the player. SPECIAL EVENT. A circus, fair, carnival, festival, casino event, or other type of gathering that is intended to or likely to be of substantial size, and is unlike the activities usually associated with the subject property. (‘65 Code, § 5-3.01(c) - (f)) (Ord. 905, passed - - ; Am. Ord. 648, passed 10-2-18)

(A) It shall be unlawful and is hereby declared to be a nuisance for any person to keep, maintain, install, place, or possess in any place of business or in any place of public resort:

(1) Any pin game, marble game, or any game similar to a marble game, any claw, hook, or grab machine, or any horse race machine, the operation of which game or machine is controlled, permitted, or made available by placing therein a coin, plug, disk, key, or token, or which is let for use, operation, or play upon the payment or delivery of anything of value therefor or upon the making of any purchase, except “flipper-type” pin games and other similar games determined to be games of skill by the Appellate Courts of the state;

(2) Any mechanical device or mechanically operated contrivance for the playing of any game of chance, the use or operation of which is controlled, permitted, or made available by placing therein any coin, plug, disk, key, or token, or which is let for use, operation, or play upon the payment or delivery of anything of value therefor or upon the making of any purchase; and

(3) Any machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument, or article operated, used, kept, possessed, placed, or maintained in violation of the provisions of Cal. Penal Code § 330a or any section enumerated in Cal. Penal Code Chapter 9, Title 9, Part 1.

(B) The provisions of this section shall not apply to the keeping, possessing, or exhibiting of any such mechanical contrivance not permitted or allowed to be operated, manipulated, or played, except as incident to a demonstration for the purposes of sale.

('65 Code, § 5-3.02) (Ord. 905, passed - - ; Am. Ord. 206-C.S., passed - - ) Penalty, see § 10.99

No permit issued by the Council shall authorize the conduct of any game which is prohibited by the Cal. Penal Code, or by any other law of the state, or by the provisions of this code, or by any other law of the city, and any permit issued in violation of such provisions shall be void.

('65 Code, § 5-3.18) (Ord. 905, passed - - )

(A) Except as set forth in division (B) of this section, no person shall place, install, keep, maintain, conduct, carry on, permit, or allow the operation, maintenance, conduct, or carrying on of any game of skill and science unless such person is the holder of a valid and unexpired permit in full force and effect issued pursuant to the provisions of this subchapter.

(B) The provisions of this subchapter shall not apply to any person committing any act otherwise prohibited by division (A) of this section if there are at all times located on the premises on which said person is acting a total of three or less games of skill and science.

('65 Code, § 5-3.03) (Ord. 905, passed - - ; Am. Ord. 313-C.S., passed - - ) Penalty, see § 10.99

The contents of all applications for such permits shall be in writing and shall be made by all persons interested in such game, whether as lessor, lessee, owner, agent, principal, concessionaire, or otherwise; if an individual, by the individual; if a partnership of any kind, by all of the members of such partnership; or if an unincorporated association or a corporation, by each and all of the officers thereof. The application shall contain the following information:

(A) The name and residence of each and all persons required to sign such application;

(B) The place of business where such proposed game of skill and science will be operated, maintained, or conducted;

(C) The name of the game;

(D) A detailed description of all equipment, apparatus, materials, or devices used in playing such game;

(E) A detailed description of the method of playing or operation;

(F) A statement that the applicant, if granted a permit, shall not permit or allow the game proposed to be operated or maintained to be played or operated in any mode other than as described in the application or by the use of any other than as described in the application or by the use of any other equipment, apparatus, or device other than as described and referred to in the application; and

(G) A statement of all persons having any legal or equitable interest in the ownership of such machine or in the profits thereof. ('65 Code, § 5-3.04) (Ord. 905, passed - - )

No such application shall be accepted for filing unless the applicant, at the time of offering such application for filing, pays to the Finance Director the license fee as set forth in §§ 110.63.

Each application for a permit to operate, maintain, or conduct a game of skill and science shall be submitted to the Police Department for investigation. ('65 Code, § 5-3.06) (Ord. 905, passed - - )

(A) Games Advisory Committee established. There is hereby established the Games Advisory Committee which shall be composed of the City Manager, the City Attorney, and the Police Chief.

(B) Decisions; standards. Each application shall be submitted to the Games Advisory Committee for majority approval or denial. In reaching a decision, the Committee shall be guided by the standards set forth in § 116.019 of this subchapter. The decision of the Committee shall be considered as a recommendation only, and the final decision shall be made by the Council as set forth in this subchapter; provided, however, if no person files with the Council an objection to, or appeal of, the decision of the Games Advisory Committee within ten days after the decision thereof, the decision of the Games Advisory Committee shall be deemed final and conclusive upon all persons. If the Games Advisory Committee shall fail to arrive at a decision within 30 days after the application has been submitted, the application shall be set for a hearing by the Council as set forth in § 116.018 of this subchapter.

(C) Decisions; notices. The decision of the Games Advisory Committee shall be announced by written letter addressed to the applicant.('65 Code, § 5-3.07) (Ord. 905, passed - - ; Am. Ord. 243-C.S., passed - - )

(A) Posting. Upon the appeal or objection to, or non-action of the Games Advisory Committee, the Council shall cause the application to be set for a public hearing not sooner than 12 days, nor more than 30 days, after the filing of such application. Notice of the fact such application has been filed shall be posted on the premises where it is proposed to conduct, carry on, or operate any such game of skill or science, and a copy of such notice so posted shall be published once in a newspaper of general circulation which circulates in the city.

(B) Form. The notice shall be entitled “Notice of Hearing on Application for Permit to Carry on Games of Skill and Science” which, for the purpose of posting, shall be printed in letters not less than one inch in height, and such notice shall be substantially in the following form:

Notice is hereby given that on the day of , 19 , at the hour of , in the hearing room of the City Council, to wit: the Council Chamber in the San Gabriel City Hall, 425 South Mission Drive, San Gabriel, California, the said Council will conduct a hearing upon the application of (name of applicant) to conduct at (location named in application), in the City of San Gabriel, a game briefly described as follows: _____________________

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full details of method of play of same being set out in the application heretofore filed with said Council and now open for public inspection at the office of the City Clerk in the City Hall at San Gabriel, California. Any person having objections to the granting of said permit, at any time prior to the date above named, may file with the City Council his objection in writing, giving his reason therefor, and he may appear at the time and place of said hearing and be heard relative thereto. (‘65 Code, § 5-3.08) (Ord. 905, passed - - ; Am. Ord. 243-C.S., passed - - ; Am. Ord. 627-C.S., passed 9-6-16)

(A) Filing written protests. Any person interested, at any time after the filing of such application and before the public hearing, may file written protests against the granting of any such permit, and the Council, in considering the application, shall give consideration to all such protests so filed.

(B) Issuance of permits. If, from the consideration of the application, such protests as may be on file, and such other information as may be brought before the Council, the Council finds that the game proposed to be conducted is a game of skill and science and that such game is not prohibited by the provisions of Cal. Penal Code Title 9, Part 1, Chapter 10, or any other law of the state, or the provisions of § 116.011, or any other law of the city, and the Council further finds that the applicant is of good moral character and repute, that the conducting, operating, or maintaining of such game at the location described in the application will comport with the public welfare, and that such game may be so operated without causing or creating neighborhood nuisance problems of excessive noise, heavy traffic, or gambling, the Council may grant such application and issue a permit to conduct the game.

(C) Denial of permits. If the Council fails to so find, the application for a permit shall be denied; or if, in making its determination of the question as to whether the game proposed to be operated, conducted, or maintained is a game of skill and science or a game of chance, the Council is of the opinion that although the result of such game is dependent to some extent upon the judgment, practice, intelligence, or adroitness on the part of the participants in such game, but nevertheless the dominating factor in determining the result of such game is chance, the Council shall find that the proposed game is a game of chance and not a game of skill and science, and the application for a permit shall be denied.

('65 Code, § 5-3.09) (Ord. 905, passed - - )

(A) Any permit issued pursuant to the provisions of this subchapter shall be issued only to the person named in the application and shall not be assignable or transferable either to another machine or another location. Subject to the provisions of this subchapter, such permit shall be valid until revoked or suspended and shall be issued upon and subject to the following conditions:

(1) That the permittee shall not permit or allow the game authorized to be played in any manner other than the manner described in detail in the application;

(2) That no equipment, apparatus, device, material, or contrivance of any kind be used in the conduct or playing of such game which such equipment is not described or referred to in the application; (3) That the permittee shall not give or award any prize, award, or gift to any participant in any such game which prize, award, or gift is money, tokens, checks, warrants, certificates, or chips exchangeable for money by the permittee, his agents, or employees;

(4) That the permittee shall not enter into any agreement, combine, or understanding with any person whatsoever to the effect that either the permittee, his agents, or someone acting for and on behalf of himself as contractor or otherwise shall buy any gift, prize, or award given or awarded by any participant in any game, or exchange any such gift, prize, or award for money;

(5) That the permittee shall keep posted on such machine a decal issued by the city indicating the licensing of such machine; and

(6) That, if there is any change of ownership in a proprietorship, a partnership, or more than 50% of a corporation owning, managing, or otherwise responsible for the operation of such game, a new permit shall be required forthwith.

(B) Each of the conditions set forth in this section shall be incorporated in and made a part of each permit issued pursuant to the provisions of this subchapter.

(C) No person shall conduct, operate, or maintain any such game, or permit or allow the conducting, operation, or maintenance of any game, in any manner or mode except in accordance with, and in strict conformance with, each and all of the conditions set forth in this section. ('65 Code, § 5-3.10) (Ord. 905, passed - - ) Penalty, see § 10.99

No permit required by the provisions of this subchapter shall be issued, and any permit issued shall be revoked or suspended by the Council, if any of the following conditions exist or occur:

(A) That the applicant for a permit, as the case may be, has knowingly made any material misstatement in his application for a permit; (B) That the holder of any permit has violated any of the provisions of this subchapter;

(C) That any condition exists which would have been grounds for denial of the application for a permit;

(D) That it appears that the continued operation, maintenance, or conducting of any such game will not comport with the public welfare; (E) That the permittee expressly permits the public or patrons to use the licensed machine for gambling purposes; or

(F) That the operation of the game has created a neighborhood nuisance of excessive noise, heavy traffic, or gambling. ('65 Code, § 5-3.11) (Ord. 905, passed - - )

(A) No permit shall be revoked for any cause until a public hearing has been held thereon and the permittee has been given five days notice in writing of the time and place of such hearing.

(B) The notice may be given by depositing the same in the United States mail in the city, postage prepaid, directed to the applicant at the address stated in his application or by delivering the same to the permittee personally; provided, however, any permit may be suspended by the Police Chief pending the holding of such public hearing. The Police Chief shall cause a written notice of such temporary suspension to be delivered to the permittee personally or shall deposit a copy of such notice of temporary suspension in the United

States mail in the city within 24 hours after the service of same. The action of the Police Chief in such case shall be passed upon by the Council at its next regular meeting at which time the Council may continue the suspension in effect and order a public hearing thereon or dissolve the order.

('65 Code, § 5-3.12) (Ord. 905, passed - - )

If the permittee, or any agent, employee, or servant of the permittee acting for and on behalf of such permittee in connection with the operation, maintenance, or conduct of any game, is convicted in any court of competent jurisdiction in the state of having violated any law of the state prohibiting or regulating gaming or of having violated any law of the city prohibiting gambling, all permits issued to such permittee shall be revoked without a hearing or previous notice by the Council forthwith upon the filing of a certified copy of the final judgment of conviction of the court with the Council.

('65 Code, § 5-3.13) (Ord. 905, passed - - )

No person shall be issued any permit pursuant to the provisions of this subchapter if, within one year next preceding the date of filing the application for a permit, any such permit previously issued to the applicant has been revoked as provided in this subchapter. ('65 Code, § 5-3.14) (Ord. 905, passed - - )

All licenses shall expire on December 31 of each year. New licenses shall be issued on or before February 1 of each year upon the payment of the annual license fees set forth in § 116.015 of this subchapter, and, if not issued, it shall be necessary for the applicant to file a new application for a permit and to pay all the fees set forth in said § 116.015. ('65 Code, § 5-3.15) (Ord. 905, passed - - )

When any person has been convicted of, or pleaded guilty to, any violation of the provisions of this chapter, or of any law of the state, which offense involves the operation, use, maintenance, or possession of any game or article prohibited by the provisions of this chapter and declared to be a nuisance, such game or article shall be destroyed by the Police Chief after the plea or after the judgment of conviction has become final.

('65 Code, § 5-3.20) (Ord. 905, passed - - )

No person shall operate a game arcade in the city without first obtaining, in addition to all other licenses and permits required by this code, a conditional use permit for such use in the manner provided for in §§ 153.240 through 153.248.

('65 Code, § 5-3.22) (Ord. 234-C.S., passed - - ; Am. Ord. 236-C.S., passed - - ) Penalty, see § 10.99

No game arcade shall be operated within the city unless the game arcade complies with all of the following conditions and requirements:

(A) Game machines shall be located no closer than 12 inches from any wall assembly separating the arcade from any adjacent building or portion of a building. Where game machines are located along one side of an aisle, such aisle shall be a minimum of 72 inches in width and shall be unobstructed. Where game machines are located on both sides of any aisle, the aisle shall be not less than 96 inches in width and shall be unobstructed, and such open areas shall be unobstructed. The maximum number of game machines in any game arcade shall not exceed one machine for every 40 square feet of gross floor area allotted to the game arcade operations.

(B) No game arcade shall be maintained or operated unless all portions of the interior of such game arcade, except the rest rooms thereof, are plainly visible from the outside of the building through unobstructed windows or glass doors. All windows and glass doors which provide a view of the interior of the premises shall remain unobstructed at all times. All entrances and interior areas shall be adequately lighted, and the lighting plan shall be approved by the Community Development Department prior to the commencement of such business.

(C) Each game arcade shall provide a minimum of two toilet and lavatory facilities accessible to customers, employees, and business invitees.

(D) No game arcade shall be open for business except between the hours of 10:00 a.m. and 10:00 p.m. on Sundays through Thursdays and between the hours of 10:00 a.m. and 12:00 midnight on Fridays and Saturdays, except that no person under 18 years of age may enter, be, or remain in any part of a game arcade during such times as the San Gabriel Unified School District is conducting its regular education program.

(E) During the hours of operation, arcades having one to nine machines shall have one attendant; arcades with ten through 18 machines shall have one attendant plus a uniformed security guard; arcades with 19 through 30 machines shall provide an additional attendant or uniformed security guard; and arcades with 31 or more machines shall provide attendants and security guards as required by the conditional use permit. All security guards and attendants shall be adults. Such security guards and attendants shall first be subject to approval by the Police Department and to a background check as required by the Police Chief. No such security guard or attendant shall be approved unless the Police Chief determines that such proposed security guard or attendant has not been convicted of any offense involving gambling or any offense against minors or against the public peace during the preceding five years.

(F) The following noise control conditions shall apply:

(1) Wall separations. The arcade shall be separated from adjacent occupiable areas by a wall assembly extending from the floor to the roof, with a sound transmission class (STC) of at least 56, per American Society of Testing and Materials (ASTM) designations E-90 or E-336 and E-413.

(2) Intrusive noise. The operation of the arcade shall be conducted in a manner so that the intrusive sound level in adjacent occupiable areas shall not exceed the following noise standards for the cumulative periods:

(3) Ambient sound level. If the ambient sound level within the adjacent area exceeds the applicable standard for the cumulative period specified in division (F)(2) of this section, the applicable standard for such period shall be the ambient sound level.

(4) Pure or impulsive noise. If the source of noise emits a pure or impulsive noise, the noise standard for the applicable period shall be reduced by five decibels.

(5) Measurement period and sound level meters. For the purposes of the enforcement of the conditions set forth in this division, a sound level meter which satisfies the

requirements of American National Standards Institute (ANSI) S1.4-1971 (or the most recent revision thereof) Type S2A meter shall be used. The measurement period shall be any one-hour period during the hours of operation of the arcade.

(G) Bicycle racks shall be provided within 25 feet of any game arcade and shall provide a total of at least one bicycle stall for every two games located within the arcade.

Bicycle racks shall not be located in any required landscaped areas, entrances, exits, walkways to buildings, driveways, within any legally required parking space, public way, or in such a fashion as to obstruct any entrance or exit to any premises.

(H) A person shall not enter, be, or remain in any part of a game arcade while in the possession of, consuming, using, or under the influence of any alcoholic beverage or drug. No licensee, manager, or supervisory employee shall permit any such person to enter or remain on the premises. Smoking and the sale of tobacco products on the premises shall be prohibited. A sign shall be posted inside the arcade stating in letters at least two inches high: “No Smoking. No Consumption of Alcoholic Beverages.” In addition to the lettered signs, universal symbol signs prohibiting smoking and consumption of alcoholic beverages shall be posted.

(I) A game arcade shall have a minimum of 750 square feet of floor space available for the operation of such arcade.

(J) No game arcade may be located closer than 300 feet from any bar, tavern, or cocktail lounge holding an on-sale alcoholic beverage license and primarily engaged in the business of selling or dispensing alcoholic beverages on the premises.

(K) No conditional use permit for a game arcade shall be granted for a period longer than two years.

(L) (1) The Planning Commission, upon a showing of good cause at the time it grants any conditional use permit for a game arcade, may modify or delete any condition otherwise required by this section if the Planning Commission finds that such condition imposes an undue hardship upon the applicant and such requirement, as applied to his proposed business location, is unnecessary for the protection of the health, safety, or welfare of the public, the patrons of the establishment, or surrounding residences or businesses.

(2) The Planning Commission may impose any additional condition upon the granting of any such conditional use permit which the Planning Commission determines is necessary or desirable to effectuate the purposes set forth in this section.

('65 Code, § 5-3.23) (Ord. 236-C-S., passed - - ) Penalty, see § 10.99

FIESTAS, FAIRS, CARNIVALS, NONPROFIT FUNDRAISERS

AND OTHER SPECIAL EVENTS

The prohibition of games by the provisions of this chapter and § 130.06 of this code shall not apply to casino events that comply with state law and the permit requirements of this subchapter.

(Ord. 648, passed 10-2-18)

It shall be unlawful for any person to conduct or carry on any special event or public celebration in the city without first securing a temporary use permit in accordance with this subchapter.

(‘65 Code, § 5-11.01) (Ord. 532, passed - - ; Am. Ord. 648, passed 10-2-18) Penalty, see § 10.99

(A) The Community Development Director shall prescribe the items to submit and information to provide in the temporary use permit application, and may promulgate policies, guidelines, and procedures that are consistent with this subchapter.

(B) A complete permit application shall be filed no later than 60 days before the planned special event.

(C) Applications for casino events shall include a copy of any agreement with a supplier of gaming equipment and services, and shall demonstrate compliance with applicable state law, including, without limitation, approval by the Bureau of Gambling Control and registration with the Registry of Charitable Trusts. A temporary use permit shall not be issued if it will result in more than three days in which the applicant has conducted casino events in any calendar year.

(D) Application fees shall be set by resolution of the City Council. The fee schedule may specify a lower fee for applications that are properly and timely filed by nonprofit organizations.

(E) If an application is withdrawn, the city may authorize a partial refund of fees based on the processing costs incurred to date.

(F) The Community Development Director shall refer the application to relevant departments, including the City Manager, Police, Fire and Finance for review and recommended conditions. Conflict with another event in the city may justify denial of a permit for a specific date.

(G) Submitted applications shall become part of the administrative record which shall include copies of correspondence, notices and actions in connection with the application. (‘65 Code, § 5-11.02) (Ord. 532, passed - - ; Am. Ord. 648, passed 10-2-18)

(A) Decisions by the Community Development Director to grant or deny an application for temporary use permit shall be in the form of a written determination letter. The decision, including any conditions of approval, shall be supported by written findings that the event will be conducted in a lawful manner with adequate protection of the public health, safety, convenience and general welfare.

(B) The temporary use permit may require as conditions of approval that the applicant provide a surety bond and liability based on the proposed event and the nature of the subject property and surrounding properties. Conditions of approval may provide for recovery of actual costs incurred for services provided by the city related to the event, including without limitation, costs of law enforcement, traffic control, and cleanup. An advance deposit of the estimated amount of cost recovery may be required. (‘65 Code, § 5-11.03) (Ord. 532, passed - - ; Am. Ord. 648, passed 10-2-18)

(A) Within ten days after a permit is denied, the applicant may appeal the decision of the Community Development Director to the Planning Commission, and may subsequently appeal the decision of the Planning Commission to the City Council by filing an appeal with the City Clerk using the city’s appeal form together with the required processing fee. Appeals shall be heard in the same manner as provided for in §§ 30.10 et seq., except that a public hearing shall not be required.

(B) Upon finding that a permitted temporary use has become detrimental to the public health, safety or welfare, the Community Development Director may revoke a temporary use permit. The decision of the Community Development Director shall be final, subject only to judicial review as provided by law. (Ord. 648, passed 10-2-18)

POOLROOMS AND BILLIARD ROOMS

It shall be unlawful for any person to operate a poolroom or billiard room without first having obtained a conditional use permit as required in § 153.151 of this code.

It shall be unlawful for any person, whether as principal, officer, clerk, agent, or employee, either for himself or for any other person, to engage in, conduct, carry on, or maintain the business, trade, occupation, or calling of conducting a poolroom or billiard room in the city without first having procured a permit from the Council so to do. ('65 Code, § 5-16.01) (Ord. 85, passed - - ) Penalty, see § 10.99

Any person desiring to procure a permit for conducting or maintaining in the city a poolroom or billiard room shall make an application therefor in writing to the Council. Such application shall set forth the name of such person, or, if the applicant shall be an association, the names of the members thereof, or, if the applicant shall be a corporation, the names of the officers thereof, and the location where it is proposed to conduct such poolroom or billiard room. ('65 Code, § 5-16.02) (Ord. 85, passed - - )

Such application for a permit shall be considered by the Council as soon as convenient after the application shall have been received. The determination of the Council upon such application, when so made, shall be conclusive unless reconsidered by the Council in the same manner other acts of the Council are reconsidered; provided, however, not more than one pool and billiard room shall be licensed in a block. Upon such permit being granted by the Council, the Council shall direct the City Clerk to issue such permit upon the payment of the permit fee specified in this subchapter.

('65 Code, § 5-16.03) (Ord. 85, passed - - )

The permit shall contain the name of the person, firm, corporation, or association to whom the same is issued, the date of its expiration, the amount paid therefor, the date of the granting of the permit by the Council, and the location for which the permit shall have been granted. Such license shall be signed by the City Clerk and shall have the seal of the city attached thereto.

('65 Code, § 5-16.04) (Ord. 85, passed - - )

The permit fee for the business, trade, calling, or occupation of conducting such poolroom or billiard room shall be in an amount established by Council resolution, payable in advance at the issuance of the permit.

('65 Code, § 5-16.05) (Ord. 85, passed - - ; Am. Ord. 197-C.S., passed - - )

Such permit shall be posted in some conspicuous place in such poolroom or billiard room where the permit may be readily seen. ('65 Code, § 5-16.06) (Ord. 85, passed - - ) Penalty, see § 10.99

No permit to conduct, carry on, or maintain such poolroom or billiard room shall be granted for any other place or locality other than a room or place situated on the ground floor of the building wherein the poolroom or billiard room is proposed to be conducted. The street door or entrance to such poolroom or billiard room shall be so constructed that the public walking along or being on the street in front of such poolroom or billiard room may at all times see the occupants of such poolroom or billiard room and the contents thereof from the street or sidewalk in front of the premises.

('65 Code, § 5-16.07) (Ord. 85, passed - - ) Penalty, see § 10.99

Such poolroom or billiard room shall at all times be open to inspection by the Police Chief, police officers, and Code Enforcement Officer. ('65 Code, § 5-16.08) (Ord. 85, passed - - )

All such permits shall be made conditional upon the daily closure of the poolroom or billiard room at or before the time specified in the approved permit. The poolroom or billiard room shall remain closed until the opening time specified in the approved permit. During the hours which the poolroom or billiard room is closed, no patrons shall remain on the premises for any purpose.

('65 Code, § 5-16.09) (Ord. 85, passed - - ; Am. Ord. 437-C.S., passed 9-20-94) Penalty, see § 10.99

Such permits shall be made conditional that no minor under the age of 18 years shall be permitted to play in such poolroom or billiard room or to remain therein, either as an employee, guest, visitor, spectator, or otherwise.

('65 Code, § 5-16.10) (Ord. 85, passed - - ; Am. Ord. 454, passed 9-19-95) Penalty, see § 10.99

If any person permitted by the provisions of this subchapter shall permit any minor under the age of 18 years to play at or remain in such poolroom or billiard room, or if any such person shall open such poolroom or billiard room to the public, or permit the public to play therein or remain therein, between the hours permitted in the permit, or if any such person shall employ any minor under the age of 18 years to work in or about such poolroom or billiard room, such permit shall be immediately revoked. ('65 Code, § 5-16.11) (Ord. 85, passed - - )