[HISTORY: Adopted by the Municipal Council of the Township
of Irvington 1-13-1981 by Ord.
No. MC 2622 as Ch. 62, Art. II, of the 1981 Revised
Code. Amendments noted where applicable.]
This chapter is for the purpose of revenue as well as for the
proper regulation, control and operation of the business and premises
described herein.
It shall be unlawful in the Town to conduct a billiard room,
poolroom or combination thereof or such other places where the business
of playing billiards or pool is conducted for gain, reward or profit
without first having obtained a license for that purpose in accordance
with the provisions of this chapter.
An application for a license required by and issuable under
this chapter shall be made to the Town Division of Licensing, in writing,
signed by the person intending to conduct such place of business.
Such application shall specify the location of the premises; the approximate
size and the type and nature of the building and the structure thereon;
the nature of the business to be conducted therein; the name, residence,
age and occupation of the applicant; the number of tables to be licensed;
and such other information and data as, by the rules and regulations
of the Municipal Council or the Division of Licensing, shall be considered
pertinent. Applicants shall furnish two-by-two-inch photographs of
owners, corporate officers, directors and stockholders. Applicants
shall submit to being fingerprinted.
A.
All applications for licenses under this chapter shall be submitted
to the Director of Public Safety for his inspection and investigation
and he shall report thereon his approval or disapproval of the application.
Such applications shall also be submitted to the Fire Chief for his
inspection of the premises and investigation and he shall make notation
thereon as to his approval or disapproval.
[Amended 10-14-2015 by Ord. No. MC 3553; 1-12-2016 by Ord. No. MC 3562]
B.
Where the Division of Licensing considers it appropriate, the application
shall also be submitted to the Health Officer, who shall investigate
and who shall indicate upon the application his approval or disapproval.
C.
The Director of Public Safety, Fire Chief and Health Officer shall
respectively satisfy themselves as to the moral and public safety
hazard, the sanitary requirements and conditions and the fire hazards
involved and shall make report thereon, together with their approval
or disapproval, within 10 days after the application has been submitted
to them.
[Amended 10-14-2015 by Ord. No. MC 3553; 1-12-2016 by Ord. No. MC 3562]
D.
Upon return of the application to the Division of Licensing by the
Director of Public Safety, Fire Chief and Health Officer, the Division
of Licensing shall then refer the application for license to the Municipal
Council for consideration and determination.
[Amended 1-12-2016 by Ord. No. MC 3562]
E.
Upon favorable action of the Council, the license herein provided
for shall be issued to the applicant.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-29-2009 by Ord. No. MC 3413]
The annual distributor's fee for a pool or billiard table
shall be $589, plus a fee of $136 for each additional table payable
for licenses to be issued under this chapter.
Any license issued under this chapter after August 1 of any
year shall require payment of 1/2 of the full license fee for the
year, and such license shall expire on December 31 following its issuance.
The fees provided for by § 455-5 shall be paid to the Division of Licensing at the time the application for license is submitted. In the event the license is refused or not issued, then the license fee shall be refunded.
The term of each license issued under this chapter shall run
from January 1 and expire December 31 following the issuance thereof.
Each license issued under this chapter shall apply only to the
person specified therein, and such license shall not be transferable
to any other person or to any other place or location than that shown
or set forth in such license.
The license provided for by this chapter shall be posted and
displayed in a conspicuous place in the billiard room, poolroom or
such other place where the business of playing billiards or pool is
conducted under such license.
The number of licenses issued or to be issued under this chapter
for the conduct of a billiard room, poolroom or combination thereof
shall not exceed one for every 15,000 residents of the Town according
to the last federal census.
No license to operate or conduct a billiard room, poolroom or
combination thereof or such other place where the business of playing
billiards or pool is conducted shall be issued to any minor nor to
any person convicted of crime or violation of any state law or municipal
ordinance involving gambling or moral turpitude.
Any license issued under this chapter may be suspended or revoked
by the Municipal Council upon a hearing to be held after notice to
the licensee.
[Amended 1-13-1981 by Ord. No. MC 2622[1]]
B.
No person operating such a tavern shall permit any minor under the
age of 21 years to play on or use any pool or billiard table.
No person operating or having control of any billiard or pool
table for profit or who has the control of any room wherein is kept,
used or operated for profit any billiard or pool table of any kind
whatsoever shall permit or allow any minor under the age of 18 years
to play thereon or to use any such table or to be, remain in, frequent
or loiter in any such room, nor shall any person known to have been
convicted of a crime or violation of a state law or municipal ordinance
involving gambling be permitted to use any such table or to remain
in or frequent any such room.
It shall be the duty of any person who is the proprietor or
keeper of a billiard parlor or poolroom to post conspicuously in his
place of business the following sign: MINORS UNDER THE AGE OF 18 YEARS
NOT ALLOWED HERE.
No license shall be issued to conduct the business of billiard
or poolrooms within 1,500 feet of any school, library or church premises.
[Amended 10-14-2015 by Ord. No. MC 3553]
Every licensed poolroom or billiard room or combination thereof
shall be established to admit a view of the interior thereof from
the entrance to the licensed premises; provided, however, that a curtain
or other means of screening may be used on windows or doors of the
premises to a height of five feet from the floor of such premises,
provided that such screening shall not obstruct or prevent the view
or examination of the interior of the premises by a law enforcement
personnel in the Department of Public Safety or any inspection by
any other officer of the law.
The owner or operator of every billiard room, poolroom or such
other place as may exist wherein billiards or pool is licensed under
this chapter shall not permit the use of the billiard and pool tables
for any purpose between the hours of 1:00 a.m. and 9:00 a.m. on weekdays
nor between 1:00 a.m. and 2:00 p.m. on Sundays. The hours herein mentioned
refer to Eastern standard time or daylight saving time, whichever
time shall then be in effect and shall apply thereto.
[Amended 10-14-2015 by Ord. No. MC 3553]
A complaint may be filed by any interested citizen or by a member
of the Public Safety Department of the Town if such complainant shall
have reason to believe that a violation of this chapter exists in
any premises licensed in accordance with this chapter.
This chapter shall not apply to any duly authorized church or
to any bona fide veterans, charitable, educational, religious, civic
or fraternal organizations; provided, however, that such organizations
are organized on a nonpecuniary profit basis and do not have a plenary
retail consumption license issued by any Alcoholic Beverage Control
Board.
