As used in this chapter, the following terms
shall have the meanings indicated:
POOL AND BILLIARD ROOM
Any public room, place, compartment, parlor, hall or other
premises in which two or more pool tables or billiard tables, or any
combination thereof, are kept, maintained or operated for use by the
general public.
POOL AND BILLIARD TABLES
Any equipment, device or table on which games commonly known
as pool or billiards, or any derivative thereof, are or may be played,
whether mechanically, manually or coin operated.
Separate application shall be made to the Borough
Clerk for pool and billiard tables and for poolrooms and billiard
rooms on forms provided by the Clerk. The license shall be issued
only after investigation of the application by the Chief of Police
and the approval of the application by the Mayor and Council.
Application for a pool and billiard table license
shall set forth the following:
A. Address of premises and location therein where table
will be kept for use.
B. Name, age and address of owner or lessee of premises
or name and address of owner or lessee of table, if other than the
owner or lessee of premises.
C. Description of table, including manufacturer, serial
number and other identifying data.
D. Hours of operation of table.
E. Name, age and address of person in charge of operation
of table.
Application for a poolroom and billiard room
license shall set forth the following:
A. Address of premises sought to be licensed.
B. Name and address of owner of premises.
C. Number and description of pool tables and billiard
tables to be located at the premises.
E. Name, age and address of person or persons in charge.
Applicants for a pool table and billiard table
license, or for a poolroom and a billiard room license shall state:
A. Whether or nor the applicant has ever been convicted
of any crime or of any offense involving gambling.
B. In the event the applicant is a corporation or a partnership,
the application shall set forth the names and addresses of all persons
interested in the application, the extent of the interest of each
person, the officers and stockholders of the corporation, and whether
or not any such persons have ever been convicted of any crime or offense
involving gambling.
Licensed pool table/room or billiard table/room.
No licensee, nor any agent, servant or employee of a licensee, shall
allow or permit or cause to be allowed or permitted the use of any
licensed poolroom or billiard room other than at prevailing time,
as follows: Monday through Sunday, from 7:00 a.m. until 2:00 a.m.
the following day, unless otherwise regulated by law.
Any license issued under this chapter shall
be displayed by the holder thereof in a conspicuous manner as follows:
A. Pool and billiard table license. Each license shall
be conspicuously, continuously and openly posted on a lighted wall,
post or column as close to the table to which it pertains as may be
practicable. Each individual table will be identified with a nonremovable
serial number label issued by the Borough of Wharton. The Borough
will maintain a computer listing of each table, showing exact licensed
location within each facility, owner, manufacturer and manufacturer
serial number, type and name of each table.
B. Pool and billiard license. Each license shall be conspicuously,
continuously and openly posted on a lighted wall as close to the entrance
to the licensed premises as may be practicable.
Any license may be suspended or revoked by the
Administrator of the Borough for violation of any of the terms of
this chapter or for any other just and good cause, provided that the
licensee is served with notice of charges and given an opportunity
to be heard.
The revocation of any license may be appealed
to the Borough Council, provided written notice is given to the Administrator
within 15 days of the notice of revocation. In the event of an appeal
to the Borough Council, the revocation shall be stayed until a hearing
is held by the Council, at which time all interested parties shall
be given an opportunity to be heard. Said hearing is to take place
within 30 days of the receipt of the decision of the Administrator.
The hearing shall be a trial de novo and based upon the record before
the Administrator. The Mayor and Council may affirm, reverse or modify
the decision of the Administrator. In the event the Mayor and Council
do not hear the matter within 30 days of the receipt of the decision
of the Administrator, then that shall be construed as an affirmation
of the Administrator's decision.
Violation of any of the provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
I, General Penalty.