The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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 room, hall, building or place in which there is
located any pool or billiard table or tables for the use of which
a fee or charge is made, either directly or indirectly, and which
place is operated for profit or gain of any kind.
[Code 1984, ch. 4, § 3(A)]
It shall be unlawful for any person to operate a pool hall within
the corporate limits of the city unless the pool hall has first been
licensed for such purpose. The license shall be issued by the city
when the conditions of this article have been complied with and when
application for license has been approved by the city manager.
[Code 1984, ch. 4, § 3(B)]
Any person desiring a license to operate a pool hall shall file
with the city a written application for such license, duly verified
under oath, which application shall contain the following information:
(1)
The
location by street and number of the place which is to be used for
such purpose; the size thereof; the number of pool or billiard tables
proposed to be used; and the name and address of the applicant;
(2)
If
the applicant is an individual, a statement of his residence; the
length of such residence; whether or not he has ever been convicted
of a felony or misdemeanor, and, if so, the nature of the offense,
and in this connection he may be required to submit to fingerprinting
by the police department of the city;
(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 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 years next preceding
the filing of this application.
[Code 1984, ch. 4, § 3(C)]
It shall be unlawful to misrepresent the kind and character
of the pool hall to be operated or any other fact of statement in
such application. Any misrepresentation of any applicant for the purpose
of avoiding the provisions of this article shall, in addition to the
other penalties prescribed by law, be cause for the revocation or
denial of the license as provided in this division.
[Code 1984, ch. 4, § 3(D)]
The license provided for in this division 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 pool tables permitted. It shall
be signed and sealed by the city secretary 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 at any time.
[Code 1984, ch. 4, § 3(E)]
All licenses issued under this section shall expire on December
31 of each year and shall be renewable annually. The fee for any license
issued after January 1 of any year shall be prorated on the basis
of the effective duration of the license. There shall be no refund
or any license fee paid for any cause whatsoever.
[Code 1984, ch. 4, § 3(F)]
From every person owning and operating for profit and every firm, association of persons, corporation, and every other organization, save and except religious, charitable or educational organizations, authorized under the laws of the state, owning and operating any billiard or pool table, by whatever name called, 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, there shall be collected an annual license fee as provided in appendix A.
[Code 1984, ch. 4, § 3(G)]
No license shall be granted under the provisions of this article
unless it shall appear, upon investigation by the city, that the premises
desired to be used as a pool hall comply with all ordinances of the
city and laws of the state.
[Code 1984, ch. 4, § 3(H)]
In the event the city shall refuse to grant a license to any
applicant under the provisions of this section, such applicant shall
have the right of appeal to the city council by giving to the city
council within ten days after refusal written notice of intention
to appeal such refusal and by requesting a hearing by the city council
upon the application. In the event of such appeal, a hearing shall
be had before the city council within 30 days after notice is given
to determine the correctness of the action of the city on such application.
The determination of the city council on such appeal shall be final
administrative action.
[Code 1984, ch. 4, § 3(I)]
All pool halls shall close and shall not operate between the
hours of 12:00 midnight and 7:00 a.m., provided, however, that on
Saturday nights, the hour of closing may be 1:00 a.m., and provided
further that such pool halls shall remain closed between 1:00 a.m.
and 1:00 p.m. on Sundays.
[Code 1984, ch. 4, § 3(J)]
It shall be unlawful for any operator or operators of any pool
hall to permit persons under the age of 17 years to engage in or play
pool, billiards or other games on the premises of such pool hall unless
such persons under the age of 17 years shall be accompanied by a parent
or guardian or shall have obtained written and signed permission to
play from a parent or guardian. It shall be unlawful for the operator
or operators of any pool hall to allow any persons attending elementary,
junior high or senior high school to engage 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.
[Code 1984, ch. 4, § 3(K)]
The operator of a pool hall shall not permit gambling, betting
or wagering of any kind or character to take place on the premises
of such pool hall.
[Code 1984, ch. 4, § 3(L)]
If any licensee under the provisions of this article violates
the provisions of this article or other ordinances of the city or
laws of the state, the city may at any time give notice in writing
to such licensee or operator of such pool hall of a hearing to be
held for the purpose of determining if the license should be cancelled,
and upon such hearing the city council may cancel such license for
any of the above causes, which action shall become final at the end
of ten days after such hearing.
[Code 1984, ch. 4, § 3(N)]
The provisions of this article are not applicable to clubs,
societies or corporations not operated for private profit although
a charge is made for playing, where use of the pool or billiard tables
is restricted to the members of the society, club or corporation and
their invited guests and from which the general public is excluded.
[Code 1984, ch. 4, § 3(O)]
