When used in this article, the following words and phrases shall have the meanings ascribed to them in this section:
Coin-operated recreational machine.
Any machine designed for recreational purposes only on which or at which one or more players may engage in a game of fun and where the player or players are required to make a coin deposit causing an electrical connection of some nature before such game may be actually commenced (i.e., pinball, pong, tank and other games of such character).
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 a cue.
(1993 Code, sec. 3-1-1)
Premises licensed under the terms of this article shall not remain open between the hours of twelve o’clock (12:00) midnight and nine o’clock (9:00) a.m. of the following day, and the premises licensed hereunder shall be open only between the hours of one o’clock (1:00) p.m. and nine o’clock (9:00) p.m. on Sunday.
(1993 Code, sec. 3-1-7)
(a) 
Location.
Places of business governed by this article 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 floor.
(b) 
Partitions; obstruction of view.
It shall be unlawful to erect or construct on the licensed premises any partition obstructing the view of any part of the building or premises licensed herein or to cut the building into two (2) or more rooms by constructing partitions therein in which a pool or billiard table or coin-operated recreational machine is displayed, owned or 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.
(c) 
Lighting.
It shall be the duty of any person licensed under the provisions of this article to furnish a well lighted premises for the operation of its business. It is the intent of this subsection to provide for the illumination of all floor space utilized in the operation of any business licensed hereunder, the same so designated to promote the health, safety and welfare of the general public.
(d) 
Parking.
Any person licensed under this article shall provide adequate parking for his customers in such number that will prevent the violation of any parking ordinance of the city.
(1993 Code, sec. 3-1-8)
(a) 
Certain persons prohibited.
It shall be unlawful for any licensee hereunder to permit any known prostitute, procurer, beggar, drunkard or criminal character to be present or to participate at or in any place of business licensed hereunder.
(b) 
Gambling prohibited.
It shall be unlawful for any licensee hereunder to permit any person to wager or bet money or things which represent money on the outcome of any game being played in any place of business licensed hereunder. It shall also be unlawful for any person to participate in such wagering or betting of money or any other things of value on the outcome of any game, whether billiards, pool or otherwise, which is played at or in any place or business licensed hereunder.
(c) 
Alcoholic beverages prohibited.
(1) 
The sale or consumption of alcoholic beverages in or on the premises licensed hereunder is hereby prohibited. No person authorized under the laws of the state and licensed hereunder shall knowingly permit the sale, use or consumption of any alcoholic beverages in or upon the premises for which a license has been issued, as provided in this article.
(2) 
All prohibitions in this subsection with reference to control of alcoholic beverages are hereby made applicable to all controlled drugs (i.e., marijuana, cocaine, heroin and all like drugs).
(d) 
Disturbances; order.
(1) 
It shall be the duty of each licensee or his employed adult supervisor to keep good order within the same and to prevent all persons who may be therein from disturbing the peace and tranquility of the neighborhood by cries, vociferations or any noise or disturbances whatsoever which may disturb persons of ordinary sensibility.
(2) 
In every case where, from repetition of such disorders, noises or disturbances, such building or premises may be considered, in the opinion of the city council, an ill-governed and disorderly house, intending to the disturbance of the public peace and tranquility of the neighborhood, the city council may, upon complaint, revoke any license which may have been issued to the keeper, owner or operator thereof as provided by section 4.07.036 of this article.
(1993 Code, sec. 3-1-9)
(a) 
Free access and entrance into any premises licensed hereunder shall at all times be accorded and granted to the mayor of the city or to his designee and other officers of the city.
(b) 
The chief of police shall, at regular times to be designated by him and at least once a week, cause all places and businesses licensed hereunder to be visited and investigated by the police. The mayor or his designee shall make periodic inspections of the licensed premises and shall determine compliance with the building provisions, the maintenance of the toilets and other sanitary facilities in compliance with health, plumbing, sanitary and any other applicable ordinances of the city.
(1993 Code, sec. 3-1-10)
The provisions of this article shall not apply to billiard tables which are not operated for profit at private homes or by religious, charitable or educational organizations authorized under the laws of the state or billiard tables or coin-operated recreational machines which are not operated for profit by schools, colleges and other institutions of learning; provided, however, the exclusions provided by this section shall not apply, unless the use of such billiard table or coin-operated recreational machine is restricted to residents of such religious, charitable or educational organizations or institutions of learning and their invited guests and where the general public is excluded from such use.
(1993 Code, sec. 3-1-11)
It shall be unlawful for any person to violate any of the provisions of this article. Any person violating the provisions of this article shall, upon conviction, be punishable as provided in section 1.01.009 of this code.
(1993 Code, sec. 3-1-14)
It shall be unlawful for any persons, except those under the laws of the state, to own and operate, for profit, any pool or billiard table or any coin-operated recreational machine, as such terms are herein defined, within this city, without having first obtained an appropriate license from the city secretary, as herein provided.
(1993 Code, sec. 3-1-2)
(a) 
Any person desiring a license to own or operate one or more pool or billiard tables or one or more coin-operated recreational machines at any single location in the city shall file with the city secretary a written, sworn application for such license stating:
(1) 
The location by street and number of the place which is proposed to be used, for what purpose such place is to be used and the name and address of the applicant.
(2) 
If the applicant is an individual, that he is a law-abiding person, that he has never been convicted of a felony or a misdemeanor involving moral turpitude or, if so, the nature of the offense and the result of the conviction, and the length of his residence in the city.
(3) 
If the applicant is a corporation, firm, association of persons or partnership, the names and addresses of the principal officers, owners, operators or partners.
(4) 
Previous occupation or employment of each person mentioned in subsections (2) and (3) above for a period of five (5) years next preceding the filing of the application.
(5) 
The number of pool or billiard tables and/or coin-operated recreational machines to be owned or operated on the licensed premises, together with a floor plan of the building in which such tables are to be located, showing the location of each such table and/or coin-operated recreational machine and the use of each room in the building.
(b) 
All applications for licenses under the provisions of this article shall be on file at least ten (10) days prior to the issuance of any such license in order to allow sufficient time for investigation of facts stated in the application.
(c) 
The information required of applicants for licenses is for the purpose of determining whether or not the persons operating the licensed premises are fit and proper persons to be so licensed, and it shall be unlawful to misrepresent any fact in such application. Any such misrepresentation shall, in addition to other penalties prescribed by law, justify the revocation of any license granted pursuant to such application.
(1993 Code, sec. 3-1-3)
(a) 
No license shall be issued under the terms of this article unless and until the premises, place or business complies with all laws of the state and all ordinances of the city regulating health, sanitation, fire, building and zoning.
(b) 
No license shall be issued for the ownership and operation of billiard tables or pool tables or coin-operated recreational machines on any premises where a hotel, rooming house or lodging house is conducted in the same building.
(c) 
Each license issued shall be upon express, written condition that it shall be automatically revoked for the sale, purchase, possession or use of any alcoholic beverage on, in or about the licensed premises.
(1993 Code, sec. 3-1-4)
(a) 
License fee.
The city secretary is authorized to collect the following annual license fee from each location or premises on which or in which a pool or billiard table or coin-operated recreational machine is or are owned and operated for profit: The fee for each license issued and a like sum for each renewal thereof as set in the fee schedule of this code.
(b) 
Occupation tax.
(1) 
There is hereby levied an annual occupation tax for each and every pool or billiard table or coin-operated recreational machine owned and operated for profit within this city by any persons except those exempt under the laws of the state. The tax levied herein shall be paid to the tax assessor-collector of the city, who shall issue an occupation tax receipt. Said occupation tax receipt shall specify the number of pool or billiard tables and/or coin-operated recreational machines for which issued, the address of the building or premises in or on which such tables or machines are located and shall bear the serial number or numbers, if any, of the particular table or machine. Such occupational tax shall have and bear no relation to any license or fees provided herein, said license fee being required to provide proper official supervision, inspection and services for the premises. The annual occupation tax shall be as set in the fee schedule of this code.
(2) 
No license shall be issued under the terms of this article, unless and until the applicant shall present the city secretary with satisfactory proof that the annual occupation taxes levied by the state and the city for each table covered by the license applied for have been paid in full.
(1993 Code, sec. 3-1-5; Ordinance 321-11-2017, ex. A, adopted 4/10/17)
(a) 
Certificate of approval.
Licenses shall be issued by the city secretary only when the conditions of this article have been complied with and a certificate and approval of at least one member of the city council appears on the application.
(b) 
Contents of license.
The license herein provided for shall state on its face to whom it is issued, the date of issuance, the expiration date, the address and location of the business or premises and the number of billiard tables, pool tables or coin-operated recreational machines permitted on the licensed premises.
(c) 
Term; nontransferable.
Any license issued pursuant to this article shall be for one year and shall be nontransferable.
(1993 Code, sec. 3-1-6)
The city council is hereby authorized and empowered to revoke or cancel the license of any person authorized under the laws of the state and licensed hereunder, after giving such licensee ten (10) days’ notice of a hearing and after conducting such hearing for the purpose of the 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 article.
(2) 
For knowingly permitting the sale, use or consumption of any alcoholic beverages in or upon the premises licensed hereunder.
(3) 
For violation of the prescribed hours of operation provided herein.
(4) 
For knowingly permitting the presence on the premises of a person under the influence of intoxicating liquors.
(5) 
For knowingly permitting disorderly conduct or immoral practices on the premises.
(6) 
For knowingly permitting the violation of the laws of the state or any ordinance of the city.
(7) 
For knowingly permitting disturbances of the peace as set forth in this article.
(1993 Code, sec. 3-1-12)
If any person applying for a license required by this article is refused, or after such license is issued, is revoked, such refusal or revocation shall become final after the expiration of ten (10) days from the date of such refusal or revocation, unless on or before the expiration of such ten (10) days, the applicant or licensee shall file with the city secretary a written appeal addressed to the city council, in which it is requested that the council grant him a hearing on such refusal or revocation, which appeal, if made as prescribed herein, shall operate as a stay, in the case of revocation. The hearing shall be had by the city council within thirty (30) days after the filing of such appeal, and the action of the city council at such time shall be final and conclusive as to all parties.
(1993 Code, sec. 3-1-13)