Chapter 4-21 — FAMILY BILLIARD PARLORS

Article 1 Definitions

"Family billiard parlor" shall mean any place within the City of San Leandro where one or more billiard, pool, or snooker tables or combination thereof, are maintained for hire, where persons under the age of 18 years are permitted to attend or participate in such games of billiards, pool or snooker, and where alcoholic beverages are not distributed or sold.

"Person" shall mean an individual, company, firm, association, partnership, trust, corporation or other legal entity.

Article 2

Permit Required

No person shall establish or maintain a family billiard parlor without first having obtained a permit to do so from the City Manager.

Application for a family billiard parlor permit shall be made in writing in such form as may be required by the City Manager. The written application shall include, but is not limited to, the following information:

(a) The name and address of the proposed business.

(b) The name and address of the applicant, and in addition thereto:

(1) if the applicant is an individual, the residence address of the applicant;

(2) if the applicant is a partnership, the names and residence addresses of all partners;

(3) if the applicant is a corporation, the names and residence addresses of the officers and
directors of such corporation;

(4) if the applicant is any other legal entity, the names and residence addresses of the
principals.

(c) a statement whether any person named in the application has ever been convicted of any
crime;

(d) a sketch or drawing of the proposed family billiard parlor indicating the floor plan, entrance
and exists, the number of billiard, pool and snooker tables and their proposed location in
the building, the location and number of all coin operated machines, and a vertical profile
of the building front.

The City Manager shall determine whether establishment and maintenance of the proposed family billiard parlor would be detrimental to the public health, safety or general welfare. In making such determination he or she shall consider the moral character of all persons named in the application. Prior conviction of such a person of any crime involving moral turpitude shall constitute prima facie evidence of unacceptable moral character. In the event that he or she finds that establishment and maintenance thereof would be so detrimental, he or she shall deny the permit. If he or she finds otherwise, he or she shall issue the permit.

Issuance of a family billiard parlor permit by the City Manager shall not relieve the applicant of the responsibility to obtain zoning approval for establishment and maintenance of the family billiard parlor.

The City Manager shall revoke the permit if he or she finds that:

(a) false information has been supplied in the application;

(b) the applicant or his or her agent has violated or permitted the violation of any law on or
related to the licensed premises.

The City Manager shall not revoke the permit pursuant to Section 4-21-220 until he or she has provided the applicant a hearing upon 10 days written notice delivered by registered or certified mail with return receipt requested to the licensed premises and to the address of the applicant provided on the application.

Article 3

Operation of Licensed Premises

No person under 18 years of age shall enter or be in any family billiard parlor between the hours of 10:00 p.m. and 7:00 a.m. of the following day unless accompanied by a parent or legal guardian. Any person owning, operating, or employed in any family billiard parlor shall refuse to allow any person under 18 years of age unaccompanied by a parent or legal guardian to enter or remain in such place between the hours of 10:00 p.m. and 7:00 a.m. of the following day.

Every person owning or operating a family billiard parlor shall close said family billiard parlor not later than 2:00 a.m. each day and shall not re-open said family billiard parlor earlier than 7:00 a.m. on the same day.

Every family billiard parlor shall be located at ground level and shall be so designed and lighted that a complete view of the interior thereof is available at all times from an adjacent street or sidewalk. Provided, that no structural alteration of any family billiard parlor in existence and operation on the effective date of this Chapter shall be required.

No person shall play cards in any family billiard parlor. Any person owning, operating or employed in any family billiard parlor shall refuse to allow any person to play cards in such family billiard parlor.

A copy of this ordinance and the approved permit shall be posted in a conspicuous place on the family billiard parlor premises at all times.

Article 4

Exceptions(Legislative History: Ordinance No. 72-43, 7/31/72)

This Chapter shall not apply to the maintaining of billiard, pool or snooker tables:

(a) by any religious, charitable, benevolent or nonprofit association or corporation solely for
the recreation or amusement of its members;

(b) in private residences.