[Adopted 1-12-1993 by Ord. No. 6-1993]
No person, firm, association or corporation shall, within the limits
of the City of Cohoes, keep or maintain any public game room, billiard room,
poolroom or any room in which games of billiards, pool, pinball or electronic
games of any sort are carried on for the playing of which any compensation,
direct or indirect, shall be demanded without first having procured a license
thereof.
No person shall permit any room or building owned or controlled by him
to be used for the purpose of a public billiard room, poolroom or game room
unless the same shall be licensed as herein provided.
No license permitting the operation of such rooms shall be issued by
the City of Cohoes without the approval of the Chief of Police or Commissioner
of Public Safety or their designees and the payment by the applicant of the
fee fixed by this article.
No license shall be issued to any person under the age of 21 years nor
to any person who has been convicted of a felony nor to any firm or copartnership
of which any member has been so convicted of a felony nor to any person who
is not a citizen of the United States or who has not filed his declaration
to become a citizen thereof nor to any firm or copartnership of which any
member is not a citizen of the United States or who has not filed his declaration
of intention to become a citizen thereof nor to any person who, having been
previously licensed to conduct a billiard room, poolroom or game room, shall
have had said license revoked during the year immediately preceding the time
of making an application as herein mentioned nor to any firm or copartnership
any member of which, having been licensed to conduct a billiard room, poolroom
or game room, shall have had said license revoked during the year immediately
preceding the time of making the application therefor nor to any corporation,
which, having been previously licensed to conduct a billiard room, poolroom
or game room, shall have had said license revoked during the year immediately
preceding the time of making the application.
All licenses shall expire on the 30th day of May succeeding the issuing
thereof.
The license fees shall be $500 a year. Fees shall not be prorated. For
each table or game in such rooms, an additional fee of $100 shall be paid
at the time of paying the licensing fee.
No person, firm or corporation licensed as prescribed in this article
shall permit or suffer any gambling to be carried on in the licensed premises
nor knowingly employ in carrying on said business any person who has been
convicted of a felony.
No person, firm or corporation licensed as prescribed in this article
shall permit or suffer any child actually or apparently under the age of 16
to play billiards, pool or games on the licensed premises or to be upon or
remain in said premises unless accompanied by the parent or guardian of such
child.
No person, firm or corporation licensed as provided in this article
shall permit of suffer any room wherein a game of billiards or pool is played
or is to be played, to be or remain open between 8:00 p.m. and 10:00 a.m.
on any weekday nor at any hour on Sunday, except that any premises where the
game of billiards or pool is to be played may remain open after 2:00 p.m.
on the first day of the week.
[Amended 4-22-1997 by Ord. No. 25-1997]
A. The provisions of this article shall not apply to any
club or organization formed in good faith, the privilege of which shall be
enjoyed only by the members thereof who pay for such privileges a stated membership
fee, except that such club or organization shall first obtain a permit, to
be issued in the discretion of the Chief of Police or Commissioner of Public
Safety or their designees before it may maintain a room or rooms in which
games, pool or billiards is played.
B. No license or licensee fee shall be required of any person,
firm, association or corporation which maintains tables or games which aggregate
three or fewer in number where the primary source of revenue is from another
activity on the premises . When the number of tables or games is three or
fewer in the aggregate, a fee only of $100 for each game or table shall be
paid.
C. If a person, firm, association or corporation is operating games or tables in accordance with Subsection
B herein above, §
104-13 of this Code shall not apply.
[Amended 12-10-1996 by L.L. No. 4-1996]
Any violation of the provisions of this article shall be punishable
by a fine of not more than $250 and imprisonment for not more than 15 days,
or both, for the first or the second offense; third offense and subsequent
offenses shall be deemed misdemeanors. In addition, the license to operate such rooms shall automatically
be revoked upon entry of a plea or conviction of violation of this article.