The license required for keeping a pool or billiard table or
tables shall include the rooms or premises devoted to this activity.
For the purpose of this Article, a "pool or billiard parlor" shall
mean and include any place where the game of pool or billiards or
a game similar to pool or billiards is played on a table or device
that is known as a pool or billiard table or is similar to a pool
or billiard table, whether operated by a coin or token or not.
The license fee provided in Section 88-31D(2) and the regulations contained in this Article shall not apply to any duly incorporated social, golf or field club; religious, charitable, benevolent or non-profit association; or fraternal organization having a membership in excess of 100 members and having pool or billiard tables solely for the recreation and amusement of its members; nor shall it apply to the use of a pool or billiard table in a private residence, except that in the case of a private residence, persons claiming exemption shall file a form of application for exemption with the Clerk, setting forth the information required in the application for license and the information that discloses their exempt status.
The Clerk shall transmit copies of all applications for a pool
or billiard license to the Chief of Police, the Fire Chief and the
Construction Official, who shall investigate aspects of the licensed
premises in accordance with their respective jurisdictions and report
their findings of fact and recommendations in writing to the clerk.
The Clerk shall complete whatever additional investigation is required
by the terms of this Article within a reasonable time and, at the
completion thereof, shall transmit to the Council all materials in
his possession concerning the application.
After receipt of the information and reports, the Council shall
publish once, in the official newspaper of the city, notification
of the application and shall conduct a public hearing thereon no less
than 10 days after publication and at the first regular meeting of
the Council after the expiration of the ten-day period, at which time
further information as to the applicant or the licensed premises may
be received.
Applicants shall, at least five days prior to the time appointed
for a hearing, give notice to all owners and occupants of property
within 200 feet of the property involved in the application. Notice
may be given by personal service or by registered or certified mail,
return receipts requested; provided, however, that notice shall not
be deemed necessary or required in the case of an application for
renewal of any licenses outstanding as of July 8, 1963, or applications
for the renewal of any licenses hereafter issued.
Any premises which shall be declared to be unsafe by the written
report of the Construction Official or a fire hazard by the written
report of the Fire Chief shall be deemed to be ineligible for a license.
No license shall be issued for the operation of any pool or
billiard parlor which is located within 500 feet of any school, church
or publicly owned building or within 1,000 feet of another pool or
billiard parlor. All distances shall be measured as the shortest distance
between the nearest building entrances: across the street if the entrances
are on opposite sides of a street, and along street frontages if both
entrances are on the same side of the street or within the same block.
If the Council finds that all provisions concerning conditions
for licensing have been complied with and that the issuance of the
license shall not be detrimental to the health, safety and welfare
of the residents of the city, the license shall be issued by the Clerk
upon resolution being passed by the Council and after payment of the
prescribed license fee.
The following regulations shall apply to all licensed pool and
billiard parlors and shall, in addition, apply to every room or premises
where games similar to pool or billiards, but differing from the standard
game of pool or billiards in the size of table, style, added or missing
elements or equipment, are operated:
A.
The hours of operation of pool or billiard parlors or rooms shall
be between 9:00 a.m. and 10:00 p.m. on weekdays and Saturdays. All
licensed pool and billiard parlors and rooms shall remain closed on
Sundays.
B.
No person under the age of 16 years shall be admitted to or permitted
to play pool or billiards in any licensed premises or to frequent,
lounge, congregate or gather in such room or place unless accompanied
by his parent or guardian.
C.
In no event shall card playing be permitted on premises licensed
under this Article, even if such card playing is for social purposes.
D.
All premises in which the games of pool and billiards are played
shall be on the street floor of the building and shall be so arranged
and so lighted that a full view of the interior may be had from the
public thoroughfare or from adjacent rooms to which the public is
admitted at all hours.
E.
No pool or billiard parlor or place where billiards or pool is played
for hire shall be operated unless there is in force a public liability
insurance policy to cover any injury suffered as a result of the use
of the equipment or the operation of the billiard or pool parlor or
place where billiards or pool is played for hire, in the amount of
$50,000 for any one occurrence and $25,000 for injury to any one person.
A certificate of the policy shall be filed with the City Clerk with
the application for license.
