For the purpose of this division, the following definition shall
apply unless the context clearly indicates or requires a different
meaning.
Pool or billiard table.
Any table surrounded by a ledge or cushion, with or without
pockets, upon which balls are propelled by a stick or cue, and where
the player thereon does not or is not required to make a coin deposit
causing an electrical connection of any nature or kind before such
game may be actually commenced.
(2001 Code, sec. 110.35)
It shall be unlawful for any person, firm, association of persons,
corporations and every other organization, save and except religious,
charitable or educational organizations, authorized under the laws
of the state, to own, and operate, for profit, any pool or billiard
table or tables, as such terms are herein defined, within the city
without having first obtained an appropriate license from the city
secretary, as herein provided, which license shall at all times be
displayed in some conspicuous place within the licensed place of business.
(2001 Code, sec. 110.36)
(a) The
city secretary is authorized to collect the following annual license
fee for each location in which a pool or billiard table or tables
is or are owned and operated for profit, to-wit, the sum as provided
in the city fee schedule for each license issued and a like sum for
each renewal thereof.
(b) Any
license issued pursuant to this division shall be for one year and
shall be nontransferrable.
(2001 Code, sec. 110.37; Ordinance
adopting Code)
No person may engage in the operation for profit of any pool
or billiard table or tables within the city on weekdays between the
hours of 11:00 p.m. and 10:00 a.m.; provided, that on Saturdays said
establishment may stay open until 12:00 midnight; and further provided,
however, that such table or tables may be operated on Sundays only
between the hours of 1:00 p.m. and 6:00 p.m.
(2001 Code, sec. 110.38)
The sale of alcoholic beverage or beverages in or on the premises
licensed is prohibited. No person, firm, association of persons, corporations,
and any other organizations authorized under the laws of the state
licensed hereunder, shall knowingly permit the sale, use or consumption
of any kind of alcoholic beverage or beverages in or upon the premises
for which a license has been issued, as provided in this division.
(2001 Code, sec. 110.39)
The city council is authorized and empowered to revoke or cancel
the license of any person, firm, association of persons, corporations
and every other organization authorized under the laws of the state,
licensed to own and operate a pool or billiard table or tables, after
giving such licensee ten (10) days’ notice of a hearing and
after conducting such hearing for the purpose of determining whether
such license should be revoked; provided, however, that such power
of cancellation or revocation shall be exercised only under the following
conditions:
(1) For
the violation of any of the provisions of this division.
(2) For
knowingly permitting the sale, use or consumption of any alcoholic
beverage or beverages in or upon the premises licensed.
(3) For violation of the prescribed hours of operation provided in section
4.02.094.
(4) For
knowingly permitting the presence on the premises of a person or persons
under the influence of intoxicating liquor.
(5) For
knowingly permitting disorderly conduct or immoral practices on the
premises.
(6) For
knowingly permitting the violation of the law or laws of the state
or of the ordinances of the city.
(2001 Code, sec. 110.40)
It shall be unlawful to erect or construct on the licensed premises,
any partition or partitions obstructing the view of any part of the
building or premises licensed, or cutting the building into two or
more rooms by constructing partitions therein, in which a pool or
billiard table or tables is or are displayed, owned and operated for
profit, provided, however, that toilets or other sanitary facilities
shall be enclosed and adequately ventilated in accordance with health,
plumbing, sanitary and other applicable ordinances of the city.
(2001 Code, sec. 110.41)
Places of business governed by this division shall be located
on the ground floor or street level only of any building and shall
not be licensed for any other floor than the ground or street level
floor.
(2001 Code, sec. 110.42)
The city manager shall appoint or designate the city building
inspector to make periodic inspections of the licensed premises, whose
duty shall be to determine compliance with the building provisions,
the maintenance of toilets and other sanitary facilities and compliance
with the health, plumbing, sanitary and other applicable ordinances
of the city.
(2001 Code, sec. 110.43)