A pool room shall be constructed as a single room without partitions,
anterooms, or closet rooms, other than water closets or lavatories,
and entirely inaccessible from any other room, cellar or attic; provided,
however, that the main entrance or vestibule from the public street
shall have colorless, clear glass panel doors. These doors shall be
at all times clean, transparent, and unobstructed so that all parts
of the room will be open to view. An exception to this section for
office and/or storage area may be made, subject to the approval of
the Police Chief. Before any building permit is issued, the floor
plans for the proposed establishment shall be submitted to the Police
Chief for approval of compliance with this section, and one copy of
the plans shall be provided for Police Department files.
(Prior code § 4180; 651 § 1, 1963; 674 § 4, 1963; 1914 § 1,
1985; 2808 § 1, 2012)
No person shall engage in, carry on, or conduct a pool room
business without first having obtained a permit and license from the
City and complying with any and all requirements and regulations as
contained and set forth in this chapter. The permit shall be displayed
on the premises during business hours.
(Prior code § 4181; 651 § 1, 1963; 1914 § 1, 1985; 2808 § 1,
2012)
A. Application
process. Each person, before obtaining a permit to carry on a pool
room business, shall make a written application to, and upon blanks
furnished by the Police Chief, which shall be signed by such applicant.
In addition to any other information that may be reasonably required
by the Police Chief, the applicant shall show the true name of the
applicant; his or her fictitious name, or names, if any; his or her
age; his or her present address in the City or elsewhere; his or her
proposed business address in the City; the name under which the applicant
conducted any similar business, if any; and the place of his or her
residence at such time; together with such application. The applicant
shall furnish a recent photograph of him or herself and his or her
fingerprints to the Police Chief. The applicant shall further state
whether he or she has been convicted of a felony, or
Penal Code Sections
311 through 318,
Penal Code Sections 330 through 337, or whether applicant
has become a registrant under
Penal Code Section 290, or Health and
Safety Code Section 11590.
B. Denial
in issuance of permit. The Police Chief shall not issue such permit
to an applicant who has been convicted or pled guilty to a felony;
has been convicted of
Penal Code Sections 311 through 318, or Penal
Code Sections 330 through 337; or has become a registrant under Penal
Code Section 290, or
Health and Safety Code Section 11590.
C. The
Police Chief shall issue such permit to the applicant or deny such
application within 60 days from date thereof.
(Prior code § 4182; 651 § 1, 1963; 1914 § 1, 1985; 2332 § 1
(1), 1995; 2808 § 1, 2012)
A pool room business may be revoked, suspended, or made subject
to conditions in the event that the business has become a civil nuisance,
as defined in the California
Civil Code, or the permittee has been
convicted of, or has entered a plea of guilty to, any violation of
the provisions of this chapter or any other law or ordinance of the
City or the state relating to such business.
A. The
Police Chief shall institute a revocation, suspension, or conditional
suspension hearing when he or she receives evidence that the business
and/or owner falls within the criteria set forth herein.
B. The
Police Chief shall give a minimum of seven calendar days notice of
the hearing, in writing, setting forth the nature and purpose of the
hearing. The hearing shall be an informal administrative hearing.
C. Upon
conclusion of the hearing, the Police Chief may make a written determination
to revoke, suspend, or impose conditions on the pool room permit,
based upon written findings and substantial evidence that one or more
conditions listed in this section exist. The decision shall be made
within five days from date of the hearing.
D. The
decision of the Police Chief shall be appealable to the City Manager
by filing a notice of appeal with the City Clerk within five business
days from date of receipt of the written decision. The City Manager,
or his or her designee, shall conduct an informal administrative hearing
in review of the Police Chief's decision. The City Manager shall then
render a written decision that shall be mailed to the owner within
five business days from date of the hearing. The decision of the City
Manager shall be final, subject only to judicial challenge in a court
of competent jurisdiction.
(Prior code § 4183; 651 § 1, 1963; 2332 § 1 (2), 1995; 2808 §
1, 2012)
All windows and entrances to and into said pool rooms shall
be left open, clear, and unobstructed so as to allow an unimpaired
line of sight by a peace officer into the interior of the business
premises during business hours, unless otherwise approved by the Police
Chief.
(Prior code § 4184; 651 § 1, 1963; 744A § 1(A), 1964; 744 §
1(A), 1964; 1914 § 2, 1985; 2332 § 1 (3), 1995; 2808 § 1, 2012)
No games of cards, dice, or other games of chance shall be carried
on in any pool room or in any room accessible therefrom.
(Prior code § 4185; 651 § 1, 1963; 1914 § 2, 1985; 2808 § 1,
2012)
No person under 18 years of age shall be permitted to enter
into or remain in any pool room, except when such person is accompanied
by his or her parent or legal guardian.
(Prior code § 4186; 651 § 1, 1963; 744A § 1(B), 1964; 744 §
1(B), 1964; 1164 § 1, 1970; 1914 § 2, 1985; 2332 § 1 (4), 1995; 2808 § 1, 2012)
All pool room businesses operated in the City shall be closed
between 2:00 a.m. and 6:00 a.m. During said four-hour period the playing
of billiards, pool, bagatelle, snooker, bumper, or similar games,
whether or not for profit, shall be prohibited on the premises of
said business.
(Prior code § 4187; 651 § 1, 1963; 974 § 1, 1967; 1123 § 3,
1970; 1212 § 3, 1971; 1914 § 2, 1985; 2808 § 1, 2012)
When any room where games of billiards, pool, bagatelle, snooker, bumper, or similar games are conducted for profit is maintained in a building or place wherein eight or more bowling alleys, all under the same management, are maintained, and which building or place is kept open on a 24-hour basis, the room where billiards, pool, bagatelle, snooker, bumper, or similar games are played shall be exempt from the provisions of Section
5.40.010, except that the entrance to the room or place shall be at all times open or have clean, uncolored, clear glass so as to give unobstructed view into the room.
(Prior code § 4188; 651 § 1, 1963; 1914 § 2, 1985; 2808 § 1,
2012)
Youth serving agencies that offer billiards as a form of recreation
without charge and under supervision are exempt from this chapter.
(Prior code § 4189; 1164 § 2, 1970; 2808 § 1, 2012)
Operation of a pool room with a total of three or fewer pool, billiard, bagatelle, snooker, bumper, or similar game tables is a permitted incidental use in conjunction with operation of a restaurant business or business licensed for sale of alcoholic beverages for consumption on premises established pursuant to this Code, and is exempt from the provisions of Sections
5.40.010,
5.40.020,
5.40.030 and
5.40.040 of this chapter. Establishment and operation of a pool room with a total of three or fewer pool or billiard tables in conjunction with a primary business that requires a conditional use permit shall also be subject to the requirement of a conditional use permit. Such incidental use may be set forth as a condition on the face of the conditional use permit for the primary use. No additional conditional use permit fee shall be required when the incidental use is requested at the time of application for the primary business.
(1914 § 3, 1985; 2808 § 1, 2012)
A. "Pool
room" means a business which primary purpose is to offer to the public
a building structure or portion thereof in which are located one or
more tables designed or used for play of the game of pool, billiards,
bagatelle, snooker, bumper pool, or similar games.
B. The
term "pool room" shall not include any residential dwelling unit that
contains a table for the play of pool, billiards, and similar games,
for which no pecuniary compensation is required or given for such
play.
(1914 § 4, 1985; 2332 § 1(5), 1995; 2808 § 1, 2012)
Any existing pool room within the City shall comply with the
requirements of this chapter, not later than 60 days from the effective
date of the ordinance codified in this chapter.
(2332 § 1 (6), 1995; 2808 § 1, 2012)