Any table surrounded by a ledge or cushion with or without
pockets, upon which balls are impelled by a stick or cue.
The chief of police of the city or his designated agent.
Any person who renders any work or service in the scope of
employment, or pursuant to a contract as a contractor, for a pool
hall.
A person in whose name a license to operate a pool hall has
been issued, as well as the individual listed as an applicant on the
application for a license.
To cause to function or to put or keep in operation. The
following persons operate or cause to be operated a pool hall:
Owner or part owner;
Licensee or applicant;
A person who performs any of the following activities:
Operates a cash register, cash drawer or other depository on
the premises;
Displays or takes orders from any customer for any merchandise,
goods, entertainment or other services;
Delivers or provides to any customer any merchandise, goods,
entertainment or other services that are offered on the premises;
or
Acts as a door attendant to regulate entry of customers or other
persons into the business; and
A person who supervises or manages other persons in the performance
of any of the activities in the above subsection.
Any room, hall, space, building, or place in which there
is located any pool or billiard table or tables for the use and enjoyment
of the general public, regardless of whether or not there is a fee
or charge for the playing of pool or billiards.
(Ordinance 65-25, sec. 1, adopted 3/9/65; Ordinance 2001-15, sec. 1, adopted 4/10/01; 1957
Code, sec. 9-21)
Any person violating any provision of this article shall, upon
conviction, be fined in any sum of money not less than ten dollars
($10.00) nor more than two hundred dollars ($200.00). This fine shall
be cumulative and in addition to all other action which can be taken
in the event of a violation hereunder.
(Ordinance 65-25, sec. 15, adopted 3/9/65; 1957 Code, sec. 9-35)
All pool halls shall close and shall not operate between the
hours of 2:00 a.m. and 7:00 a.m., and additionally, on Sunday, such
pool halls shall remain closed between 2:00 a.m. and 12:00 noon.
(Ordinance 65-25, sec. 10, adopted 3/9/65; Ordinance 2001-15, sec. 1, adopted 4/10/01; Ordinance 2001-22, sec. 1, adopted 5/8/01; 1957 Code, sec. 9-30)
It shall be unlawful for the owner and/or operator of any pool
hall to permit persons under the age of seventeen (17) years to be
in or play pool, billiards, or other games on the premises of such
pool hall unless each person under the age of seventeen (17) years
shall be accompanied by his or her parent or guardian or shall have
obtained a written and signed permission to be in or play from his
or her parent or guardian. It shall be unlawful for the operator or
operators of any pool hall to allow any students attending elementary,
junior high or senior high school to be in or play pool, billiards
or other games on the premises of such pool hall before 4:00 p.m.,
except during official school holidays. Provided further, however,
that said students may be in or play in pool halls during the noon
hour from 12:00 p.m. to 1:00 p.m.
(Ordinance 65-25, sec. 11, adopted 3/9/65; 1957 Code, sec. 9-31)
The operator or operators of a pool hall shall not knowingly
permit gambling, betting, or wagering of any kind or character to
take place on the premises of such pool hall.
(Ordinance 65-25, sec. 12, adopted 3/9/65; 1957 Code, sec. 9-32)
It shall be unlawful for the operator of a pool hall to permit
any prostitute, male or female procurer or vagrant to be present at
such pool hall.
(Ordinance 65-25, sec. 13, adopted 3/9/65; 1957 Code, sec. 9-33)
(a)
It shall
be unlawful for any person to operate a pool hall where the place
of business of such person is within three hundred (300) feet of any
church or public hospital, the measurements to be along the property
lines of the street fronts and from front door to front door and in
direct line across intersections where they occur; or where the place
of business of such person is within three hundred (300) feet of any
public school, including state-supported institutions of higher education,
the measurements to be from the nearest property line of the public
school to the nearest doorway by which the public may enter the place
of business, along street lines and in direct line across intersections,
except that for premises where minors are prohibited from entering,
the measurement of the distance shall be along the property lines
of the street fronts and from front door to front door and in a direct
line across intersections, where they occur. This section shall not
apply to situations in which a church or public school or public hospital
is voluntarily constructed and located within three hundred (300)
feet, as measured above, of an existing place of business duly licensed
and legally authorized to operate a pool hall.
(b)
Any
business that now holds or has pending license or permit in a location
which complied with the law prior to this amendment and is continuously
in operation from that date, whether or not under the same license
or permit, shall continue in effect, and this amended law shall not
be applicable.
(Ordinance 65-25, sec. 14, adopted 3/9/65; Ordinance 2008-04, sec. 2, adopted 2/12/08; 1957
Code, sec. 9-34)
In the event that there is a tournament or other event requiring
a temporary license or a temporary variance from the requirements
of this article, then, on receipt of an application on a form approved
by the police chief at least three (3) working days prior to the period
for the temporary permit or variance, the chief of police may issue
a temporary license or approve a temporary variance from the requirements
of this article. The fee for a temporary permit shall be five dollars
($5.00) for each billiard table. However, the fee shall not be less
than twenty-five dollars ($25.00) or more than fifty dollars ($50.00)
plus the ten-dollar ($10.00) criminal history check fee. The fee for
a temporary variance, where a permit already has been issued, is twenty-five
dollars ($25.00).
(Ordinance 2001-22, sec. 2, adopted 5/8/01; 1957 Code, sec. 9-37)
It shall be unlawful for any person, firm, association of persons,
or corporation to operate or cause to be operated a pool hall, as
herein defined, within the corporate limits of the city, unless the
pool hall shall have first been licensed as provided hereunder. The
license shall be issued by the department of billing and collection
at such time as it is notified by the chief of police and director
of public works that the conditions of this article have been satisfied
in full and upon payment of all required fees.
(Ordinance 65-25, sec. 2, adopted 3/9/65; Ordinance 2001-15, sec. 1, adopted 4/10/01; 1957
Code, sec. 9-22)
In order to secure a license hereunder, the applicant shall
file with the chief of police a written application, under oath, containing
the following information:
(1)
The
location by street and number of the pool hall, the size thereof,
the number of pool or billiard tables, and the name and address of
the applicant;
(2)
If
the applicant is an individual, information sufficient to identify
the applicant and determine the applicant’s residency; the length
of such residence therein; and whether or not that person has ever
been convicted of a felony or misdemeanor other than a class C misdemeanor
traffic offense and, if so, the nature of the offense. Each applicant
for a pool hall license shall submit to the records division of the
police department a request for a complete criminal history check
to be performed by the state department of public safety, and shall
be fingerprinted for identification and criminal history check purposes,
and shall pay the criminal history check fee of ten dollars ($10.00);
(3)
If the applicant is a firm, association or partnership, all of the information prescribed in subsection (2) of this section as to each individual composing the firm, association or partnership;
(4)
If the applicant is a corporation, a statement that the applicant is organized and chartered under the laws of the state, or, if a foreign corporation, that such corporation is licensed to do business in the state, and the same information with reference to the operator or person in charge of such pool hall shall be given as prescribed in subsection (2) of this section; in addition thereto a sworn list of the officers, directors and stockholders of such corporation shall be given;
(5)
Occupation
or employment of the applicant for a period of five (5) years next
preceding the filing of his application.
(Ordinance 65-25, sec. 3, adopted 3/9/65; Ordinance 2001-15, sec. 1, adopted 4/10/01; 1957
Code, sec. 9-23)
It shall be unlawful for the applicant to furnish any misrepresentation
or misinformation in the application required herein. Any such misrepresentation
or misinformation shall, in addition to all other penalties prescribed
by law, be sufficient cause for the revocation or denial of the license
provided herein and shall subject the pool hall to immediate closing
by the chief of police.
(Ordinance 65-25, sec. 4, adopted 3/9/65; 1957 Code, sec. 9-24)
The license herein provided for shall state on its face to whom
it is issued, the expiration date, the address and location of such
pool hall and the number of tables permitted. It shall be signed and
sealed by the assistant director of billing and collection and posted
by the licensee in a conspicuous place at or near the entrance to
such pool hall in such a place and position that it may be easily
read by anyone at any time.
(Ordinance 65-25, sec. 5, adopted 3/9/65; Ordinance 89-04, sec. 2, adopted 1/10/89; 1957
Code, sec. 9-25)
All licenses issued under this article shall expire on December
31st of each year and shall be renewable annually. The fee for any
license issued after January 1st of any year shall be prorated on
the basis of the effective duration of the license. There shall be
no refund of any license fee paid hereunder for any cause or reason
whatsoever.
(Ordinance 65-25, sec. 6, adopted 3/9/65; 1957 Code, sec. 9-26)
From every person owning and/or operating and every firm, association
of persons, corporation and every other organization, save and except
religious, charitable or educational organizations, recognized as
such by the laws of the state, owning and/or operating any pool hall,
by whatever name called, there shall be collected an annual license
fee of five dollars ($5.00) for each billiard table.
(Ordinance 65-25, sec. 7, adopted 3/9/65; Ordinance 89-04, sec. 1, adopted 1/10/89; 1957
Code, sec. 9-27)
No license shall be granted under the provisions of this article
unless it shall appear, upon investigation by the chief of police
and the director of public works, that the premises to be used as
a pool hall comply with the requirements set forth in this article,
that the information provided by the applicant appears, upon reasonable
investigation, to comply with all other relevant ordinances of this
city and laws of the state, and that the applicant’s criminal
history check does not reveal a conviction for any felony crime or
misdemeanor crime of moral turpitude within the five years immediately
preceding submission of the application.
(Ordinance 65-25, sec. 8, adopted 3/9/65; Ordinance 2001-15, sec. 1, adopted 4/10/01; 1957
Code, sec. 9-28)
In the event the chief of police shall refuse to approve a license for any applicant under the provisions of this article, such applicant shall have the right of appeal to the city council as provided in section 1-2-5.
(Ordinance 65-25, sec. 9, adopted 3/9/65; Ordinance 2008-04, sec. 1, adopted 2/12/08; 1957
Code, sec. 9-29; Ordinance 2008-37, sec. 19, adopted 9/9/08)
(a)
If
any licensee hereunder violates the provisions of this article or
any ordinance of the city or law of the state in connection with the
operation of a pool hall, the chief of police may at any time give
notice in writing to such licensee or operator of such pool hall setting
forth the violation and notifying said licensee that the license will
be cancelled.
(b)
The
licensee shall have the right of appeal to the city council, within
ten (10) days after receipt of said notice, and if such appeal is
taken then the city council shall conduct a hearing on such cancellation
and may cancel such license for any of the causes so shown, which
action shall be final.
(Ordinance 65-25, sec. 16, adopted 3/9/65; 1957 Code, sec. 9-36)
A license for a pool hall may be denied, revoked or suspended if the applicant or operator is convicted of a crime that directly relates to the duties and responsibilities of the operator of a pool hall as provided in section 4-4-1 and guidelines adopted by the city manager and on file for public inspection in the office of the city secretary.
(Ordinance 2008-03, sec. 5, adopted 2/12/08)
