[Adopted 11-19-1996 by Ord. No. 246-1996]
A.
No person shall own or operate a billiard hall as
herein defined unless such premises has been granted a special permit
by the Zoning Board of Appeals after submission of application to
the Bureau of Buildings for a building permit for installing a billiard
hall in an existing assembly space or converting an existing office
or mercantile space to an assembly space or for installing a billiard
hall in a newly constructed space.
B.
After receiving a special permit by the Zoning Board
of Appeals, the applicant shall apply to the City Clerk of the City
of New Rochelle for a license upon forms to be supplied by the City
Clerk for that purpose.
C.
After obtaining a license from the City Clerk, the
applicant shall apply to the Fire Department for a public assembly
license.
The application for such license shall contain
the following information:
A.
The name and address, age, date and place of birth
of the applicant, including the name of all owners and major investors
in the business.
B.
The place where the billiard tables will be displayed
or maintained and a description of any other business conducted at
that place.
C.
The number of billiard tables.
A.
Application for license shall be made out in three
copies; one copy shall be referred to the Department of Police, one
copy to the Bureau of Buildings and one copy to be maintained by the
City Clerk.
B.
The Department of Police shall investigate the location
wherein it is proposed to operate such billiard hall to determine
the number of billiard tables. The Bureau of Buildings shall investigate
the location and the premises wherein it is proposed to operate such
billiard hall and determine whether such operation at such location
in said premises complies with the restrictions contained in local
ordinances under its jurisdiction. Such determination shall be reported
to the City Clerk.
C.
Every applicant, before being granted a license, shall pay an annual license fee as set forth in Chapter 133, Fees, for the privilege of operating or maintaining a billiard hall as defined herein. Each license granted hereunder shall be granted for an annual term running from April 1 to March 31 of the next succeeding year. The fees paid for any license granted for the first year or part thereof shall be prorated accordingly.
D.
The license herein provided for shall be posted permanently
and conspicuously at the premises or place of business wherein the
billiard hall is located. A license shall not be transferable from
person to person nor place to place and shall be usable only at the
place and by the person designated in the license.
E.
No license for a billiard hall shall be renewed for
a premises that is in violation of any provision of this chapter.
A.
No person, firm, corporation or association shall
receive a license for a billiard hall in an establishment that either
conducts or permits the service, sale or consumption of alcoholic
beverages or that allows the admission under the age of 18 unless
accompanied by a parent or guardian. Such establishments shall not
remain open to the public after 1:00 a.m.
B.
No person, firm or corporation or association shall
receive a license for a billiard hall in an establishment where such
establishment operates or maintains more than three mechanical amusement
devices as defined herein or any coin-operated vending machines.
C.
No person, firm or corporation or association shall
receive a license for a billiard hall where such applicant has not
provided one parking space per proposed billiard table unless the
applicant can demonstrate that such establishment is within 600 feet
of a public lot or within 600 feet of a private parking lot and that
the required parking is exclusively dedicated in such lot.
D.
After obtaining a license from the City Clerk, the
applicant shall apply to the Fire Department for a public assembly
license.
Every license issued under this article is subject
to the right of the licensor, which is hereby expressly reserved,
to revoke the same should the licensee, directly or indirectly, permit
the operation of any billiard hall contrary to the provisions of this
article or the laws of the State of New York.
This article shall not apply to, and no license
shall be required for, the operation of a billiard hall of the kind
herein specified where:
A.
The proceeds therefrom are to be devoted exclusively
to charitable, benevolent or religious purposes; or
B.
The operation thereof is upon the property and premises
of a private membership club as defined herein and for the benefit
of its members or their guests ; provided, however, that said exemption
will terminate if said private membership club operates any billiard
hall for the use and enjoyment of the general public.
An offense against the provisions of this article
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both.
