Chapter 5.24
BILLIARD ROOMS
5.24.010 Definitions.
5.24.020 Hours of operation.
5.24.030 Restrictions on attendance of minors.
5.24.040 Games of chance prohibited.
5.24.050 Construction and sanitary requirements.
5.24.060 Authority of city manager.
5.24.070 Exemptions.
5.24.080 Permit required.
5.24.090 Permit conspicuously posted.
5.24.100 Billiard tables.
5.24.110 Application.
5.24.120 Issuance or denial-Term.
5.24.130 Renewal-Change of location.
5.24.140 Suspension-Revocation.
5.24.150 Renewability of denied or revoked permits.
5.24.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:
"Billiard room" means any public place wherein the game of billiards is permitted to be played and includes any place where a fee is charged, which is directly or indirectly conditioned upon or related to the playing of the game of billiards.
"Billiards" 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 a game known as pool.
"Billiard table" means any table, including coin-operated tables, on which billiards may be played. (Prior code º 7-161)
5.24.020 Hours of operation.
No person shall operate a billiard room between the hours of two a.m. and six a.m., or permit or allow any persons to remain in any billiard room between the hours of two a.m. and six a.m. This section, however, shall not be construed to prevent regular employees from performing necessary work within the premises. (Prior code º 7-163)
5.24.030 Restrictions on attendance of minors.
A. No person under the age of eighteen years shall be in, remain in, enter or visit any billiard room, unless accompanied by his or her parent or guardian.
B. No person having charge or control of any billiard room shall permit or allow any such person under the age of eighteen years to be in, remain in, enter or visit any such billiard room, unless such minor person is accompanied by his or her parent or guardian.
C. No person shall represent himself or herself to have reached the age of eighteen years in order to obtain admission to such billiard room or to be permitted to remain therein when such person in fact is under eighteen years of age. (Prior code º 7-164)
5.24.040 Games of chance prohibited.
No owner, proprietor, manager or employee of any billiard room shall permit the use of a pea-ball or dice, or the playing of games of chance in such billiard room, or give any checks or tokens which can be redeemed for merchandise or cash. (Prior code º 7-165)
5.24.050 Construction and sanitary requirements.
A billiard room operating under the provisions of this chapter shall be so constructed and maintained that a clear and unobstructed view of the entire interior thereof may at all times be had from any entrance to such room. No partitions forming rooms, stalls, or other enclosures where the public congregates shall be permitted. This provision, however, shall not be construed to include the maintenance of washrooms, toilet rooms for proper purposes or the maintenance of closets for storing purposes exclusively. All billiard rooms shall be kept at all times in a clean, healthful and sanitary condition. (Prior code º 7-166)
5.24.060 Authority of city manager.
The city manager shall prescribe such additional regulations not inconsistent with the provisions of this chapter as are deemed necessary by the city manager in the public interest to prevent the operation of billiard rooms from adversely affecting the public peace, health, safety or morals. Such regulations before becoming effective shall be approved by the council. A copy of such regulations shall be furnished to every person holding a permit to conduct a billiard room. (Prior code º 7-167)
5.24.070 Exemptions.
The provisions of this chapter shall not apply to any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly by any individual firm or corporation. (Prior code º 7-168)
5.24.080 Permit required.
No person shall conduct, manage, operate or maintain a billiard room in the city without having first obtained a permit from the city to do so in the manner provided in this chapter and payment made to the city of a fee as set forth in the resolution pursuant to Section 5.08.010. (Prior code º 7-169)
5.24.090 Permit conspicuously posted.
The permit required in Section 5.24.080 shall be posted and maintained in a conspicuous place on the premises where such billiard room is located. (Prior code º 7-170)
5.24.100 Billiard tables.
All coin-operated billiard tables shall be licensed under Section 5.08.040. All other billiard tables shall be licensed under this section at a fee as set forth in the resolution pursuant to Section 5.08.010. (Prior code º 7-169.5)
5.24.110 Application.
A. Any person desiring to obtain the permit required by Section 5.24.080 shall file a verified application therefor with the city and shall pay a fee as set forth in the resolution pursuant to Section 5.08.010 of this code. Such application shall set forth the following information:
1. The name, age, residence address and telephone number of the applicant, if a natural person; or, if a corporation, its name, date and place of incorporation, address and telephone number of its principal place of business and the names of all its officers, together with their respective addresses and telephone numbers; or, if a partnership, association or unincorporated company, the names of partners or persons comprising the association, together with their respective addresses and telephone numbers;
2. The name, age, residence address and telephone number of the person who is to manage the billiard room, if other than applicant;
3. The address and telephone number at which the billiard room is to be conducted;
4. A statement as to whether or not an application for a similar permit has been refused or canceled by this or any other municipality in the state and, if so, a full statement of the reasons therefor;
5. The number and type of proposed or existing billiard tables.
B. At the time of filing such application, the applicant or person making application upon behalf of any firm or corporation, and the person who is to manage the billiard room, if other than applicant, shall be photographed and fingerprinted and such photographs and fingerprints shall be made a part of the application provided for in this chapter. (Prior code º 7-171)
5.24.120 Issuance or denial-Term.
The city clerk shall refer the application referred to in Section 5.24.110 to the city manager, who shall cause an investigation to be made. After investigation, the city manager shall instruct the city clerk to issue a permit, upon payment by the applicant of the fee provided for in this title, which permit shall be effective for a period of one year from date of issuance, unless the city manager shall find that the applicant is not a fit and proper person to conduct a billiard room or that the conduct of such a billiard room at the location specified in the application would be detrimental to the public peace, morals, health or safety, in which event the city manager shall deny the application; provided, that any person aggrieved by the action of the city manager may appeal to the council within the time and in the manner provided in Chapter 2.88. (Prior code º 7-172)
5.24.130 Renewal-Change of location.
Any permit issued under the provisions of this chapter may be renewed from year to year upon application. Such application shall be made in the same manner as for an original application, and shall be made within thirty days after the date of expiration of such permit or the last renewal thereof, and if not so made, the permit shall be null and void and not renewable. (Prior code º 7-174)
5.24.140 Suspension-Revocation.
A. Any permit granted under the provision of this chapter may be suspended or revoked by the city manager when it shall appear that the billiard room for which the permit was granted is conducted in a disorderly or improper manner or in violation of any statute of the state or ordinance of the city or regulation adopted pursuant to this chapter; or, that the person conducting the billiard room is of an unfit character to conduct the same or the purpose for which the permit has been issued is being used to the detriment of the public or is being used for a purpose wholly foreign to that for which the permit was issued.
B. A permit granted under the provisions of this chapter shall not, by virtue of this section, be revoked, canceled or suspended until a hearing shall have been had by the city manager relative to so doing. Written notice of the time and place of such hearing shall be served upon the permittee at least five days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified or by a deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon the application for such permit.
C. Any person aggrieved by the action of the city manager may appeal to the council within the time and in the manner provided in Chapter 2.88. (Prior code º 7-175)
5.24.150 Renewability of denied or revoked permits.
Whenever an application for a billiard room permit shall have been denied, or a billiard room permit shall have been revoked under the provisions of this code, no similar application by the person whose application or permit has been denied or revoked shall be considered by the city manager for a period of one year. (Prior code º 7-176)