For the purpose of this article, the following words and phrases
shall have the same meanings respectively ascribed to them:
means any table surrounded by a ledge or cushion, with or
without pockets, upon which balls are impelled by a stick or cue.
means any person holding a pool hall license issued under
the provisions of this article.
means any place which is required by state law to pay an
occupation tax to the state for owning and operating one (1) or more
billiard tables.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 14(A))
It is unlawful for any person to operate a pool hall where alcoholic
beverages are sold and/or allowed on Sunday between 2:00 a.m. and
12:00 noon, and on any other day of the week between 2:00 a.m. and
7:00 a.m.
(Ordinance 45 adopted 8/23/82; Ordinance 154 adopted 1/21/92; Ordinance 177 adopted 5/9/95; 1982 Code, ch.
4, sec. 14(B))
It shall be unlawful for any person to operate a pool hall within
the city without first obtaining a license therefor from the city
secretary.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 14(C)(1))
Each person desiring to operate a pool hall in the city shall
make an application in writing on a form provided by the city requesting
a license for such pool hall. Each application for a license to operate
a pool hall shall contain the following information:
(1)
Name,
age, sex, race, marital status, address, and telephone number of the
applicant.
(2)
Location
of the proposed pool hall.
(3)
Number
of persons to be employed by the applicant, if any, and the nature
of such employment.
(4)
A
statement as to whether the applicant has ever been charged with,
or convicted of, a felony involving moral turpitude, any violation
of the liquor laws, or any offense involving lewd or indecent conduct
or narcotics, or any other misdemeanor, other than traffic violations,
and full information concerning any convictions.
(5)
A
statement that no person will be allowed to work or perform duties
at such establishment who has been convicted of a crime involving
moral turpitude, or any offense involving immoral acts, lewd or indecent
conduct, or narcotics.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 14(C)(2))
It shall be unlawful for any applicant for a license under the
provisions of this article to make any false statements while making
application therefor.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 14(C)(3))
The fee to be charged and collected for any license issued under
the provisions of this article shall be two dollars and fifty cents
($2.50) per billiard table.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 14(C)(4))
No license to operate a pool hall shall be issued under the
provisions of this article if the applicant:
(1)
Is
not a person of good moral character as shown by the application of
the applicant or by a police investigation;
(2)
Has
had a license revoked during the past two (2) years;
(3)
Has
had a license denied during the past twelve (12) months;
(4)
Has
been convicted of a felony involving moral turpitude or any offense
involving immoral acts, lewd or indecent conduct, or narcotics;
(5)
Has
not maintained the premises to be used in accordance with the sanitary
provisions of this article, state law, and other city ordinances,
rules, or regulations.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 14(C)(5))
Any license issued under the provisions of this article may
be revoked or suspended upon the violation by a licensee or any of
his employees of any applicable provision of this article, state law,
or other city ordinances, rules, or regulations.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 14(C)(6))
(a)
Any
person may initiate proceedings for revocation or suspension of any
license issued under the provisions of this article by filing a sworn
complaint with the mayor alleging the commission of any act in violation
of any applicable provision of this article, state law, or other city
ordinances, rules, or regulations.
(b)
Upon
the filing of any complaint alleging the violation of any applicable
provision of this article, state law, or other city ordinances, rules
or regulations by any person holding a license under the provisions
of this article, the mayor shall give at least ten (10) days’
written notice to such licensee that a hearing will be held to determine
whether or not such licensee’s license shall be suspended or
revoked. The date, time, and place of the hearing shall be set forth
in the notice.
(c)
After
hearing the evidence and testimony, the mayor shall determine whether
or not the licensee has committed the violation alleged in the complaint.
If he finds in favor of the licensee, the complaint shall be dismissed.
If he finds that the licensee is guilty of the violation, he shall
either suspend or revoke the license for a period not to exceed twelve
(12) months.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 14(C)(7))
In the event of the revocation or suspension of any license
issued under the provisions of this article, the licensee shall have
the right to appeal such revocation or suspension to the city council.
Written notice of appeal shall be filed with the city secretary. A
hearing on such appeals shall be held by the city council. The city
council shall either sustain the order of the mayor or reinstate the
license.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 14(C)(8))
All licenses issued under the provisions of this article shall
be promptly displayed by the licensee at the subject pool hall.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 14(C)(9))
Any pool hall within the city shall be subject to inspection
by members of the city council at any time.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 14(C)(10))
