[HISTORY: Adopted by the City Council of the City of Scranton 9-26-1979 as Ch. 5, Arts. V and VI, of the 1979 Code. Amendments noted where applicable.]
As used in this Article, the following terms shall have the meanings indicated:
- PUBLIC POOL OR BILLIARD ROOM FOR HIRE
- Maintenance more than one (1) pool or billiard table of seven (7) feet nine (9) inches or longer in length, or more than two (2) pool or billiard tables seven (7) feet eight (8) inches in length or less, whether or not the same be automatically operated. However, the owner or proprietor of a business which has been in operation for at least one (1) year may install such tables limited in number as above, for his regular customers if he shall maintain it or them openly and in view of the public on such premises.
The Superintendent of Police shall once every three (3) months make a return to the Department of Public Safety of all public pool or billiard rooms being used, giving the location of the premises and the number of tables used there. The Director of the Department of Public Safety shall then compare this return with the original petitions and if there has been any change either as to premises or an increase in the number of tables without the provisions of this Article having been complied with, it shall be his duty to forthwith serve notice on the licensee, to show cause, on a date fixed not exceeding ten (10) days from the date of the determination by the Director, why the licensee's license should not be revoked.
All public pool or billiard rooms shall be subject to inspection by members of the Bureau of Police at all times.
No person shall keep or maintain any public pool or billiard room for hire without first obtaining a license therefor.
Every person intending to apply for a license under this Article shall file with the Director of the Department of Public Safety a petition. It shall not be considered or passed upon until the same shall have been on file at least three (3) weeks and public notice of the same given and paid for by the applicant. Such notice shall be given once in two (2) daily newspapers designated by the Director, such notice to contain the names of the applicants, their private residences and the location of the place for which a license is sought and the time and place of the applicants' hearing. The petition shall contain:
The name and address of the applicant and the period of residency there.
The particular place for which the license is desired and the number of tables to be kept therein.
The birthplace of the applicant and, if a naturalized citizen, where and when naturalized.
The name of the owner of the premises.
The signatures of ten (10) reputable citizens of the immediate vicinity where such premises are situated, stating that they do not object but favor the granting of the license for the premises mentioned in the petition and that they are acquainted personally with the applicant and know him to be a reputable citizen.
Any five (5) citizens being of full age, male or female, living in the immediate vicinity of the place for which a license is applied under this Article, may file a remonstrance against the application being granted. The remonstrance shall be filed with the Director of the Department of Public Safety at least five (5) days before the date fixed for the applicant's hearing.
The Director shall refuse to grant the license whenever in his opinion, having due regard for the number and character of the petitioners both for and against the granting of the license, it would be detrimental to the immediate neighborhood or that the applicant is not a fit person to whom such privilege should be granted.
Licenses to keep or maintain any public pool or billiard room shall be issued only to citizens of the United States of temperate habits and good moral character.
All persons licensed under this Article to keep and maintain public pool and billiard rooms for hire shall pay five dollars ($5.) for each and every table mentioned in the petition upon which the license was granted and kept upon the premises named in the license. Such fees shall be paid for the use of the city. If any licensee desires to add an additional table to those already mentioned in his petition during his current license year, he shall be privileged to do so on petition filed, paying for each additional table the sum of five dollars ($5.).
Licenses shall be issued under this Article only by the Director of the Department of Public Safety and shall be for a period of one (1) year, or for any fractional part of a year following the issuance of such license and preceding the first Monday of April then next.
A license, if granted under this Article, shall not, under any circumstances, be transferable to any other premises or any other person during the year or the period for which it is granted, except upon approval of the Director of the Department of Public Safety.
The license of any public pool or billiard room shall be revoked by the Director of the Department of Public Safety if disorderly or immoral conduct, gambling or the use of profane and vulgar language is permitted or allowed on the premises by the licensee, or for the frequenting of such public pool or billiard rooms by disorderly or immoral persons.
For the purpose of this Article certain words are hereby defined as follows:
- AUTOMATIC POOL TABLE OR MECHANICAL AMUSEMENT DEVICE
- A coin-controlled amusement device operated by the insertion of a coin therein and used for recreation or amusement purposes, similar to the standard game of pool.
- Includes any individual, partnership, association or corporation keeping or operating such automatic pool tables.
Any person violating any of the provisions of this Article, in addition to the revocation of his or its license, shall, upon summary conviction, be subject to a fine not exceeding five hundred dollars ($500.) or a term of imprisonment not to exceed thirty (30) days.
Any person, firm, partnership, association, company or organization displaying for public patronage or keeping for operation any automatic pool table as herein defined shall be required to obtain a license from the City of Scranton upon application and payment of the appropriate license fee.
Application for such license shall be made to the Director of the Department of Public Safety upon a form provided by the city for that purpose. The application for such license shall include the following information:
Name and address of the applicant, age, date and place of birth.
Place where machine or device is to he displayed or operated and the business conducted at that place.
Description of machine to be covered by the license, name of manufacturer and serial number.
Prior convictions of applicant, if any.
[Amended by Ord. No. 184-1994]
Every person, before being granted a license, shall pay the following annual license fee for the privilege of operating or maintaining for operation a mechanical amusement device as herein defined: twenty dollars ($20.) per table. Each license shall be for the period of one (1) year.
A seal bearing the same number as the license under this Article shall be obtained from the Director of the Department of Public Safety and securely attached to the licensed machine.
The license or licenses herein provided for shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained to be operated. Such license may be transferred from one machine or device to another similar machine upon application to the Director to such effect and the giving of a description and the serial number of the new machine or device. Not more than one (1) machine shall be operated under one (1) license and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him. If the licensee shall move his place of business to another location within the city, the license may be transferred to such new location upon application to the Director giving the street and number of the new location.
The Director of the Department of Public Safety may for cause and under a hearing revoke any licenses issued under this Article.