For the purpose of the provisions regulating dances, dance halls, pool halls, billiard halls, bowling alleys and similar businesses under this chapter, the following words and phrases shall be construed to have the meanings set forth in this section, unless it is apparent from the context that a different meaning is intended.
"Applicant"
means any person or entity desiring to obtain a permit to operate an establishment under this chapter, including each and every owner of the proposed establishment. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each and every majority stockholder. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If a corporation or a partnership is an applicant, then the identifying information required in this section as to the "applicant" shall be provided also as to such stockholders, directors and/or partners as the case may be and a permit may be issued or denied if such stockholders, directors and/or partners do or do not satisfy the requirements and standards imposed by this chapter.
If the applicant is a corporation, a certified copy of its articles of incorporation, together with any authorizations to issue stock shall be attached to the application. If the applicant is a partnership, a certified copy of the partnership agreement, if there be one, shall be attached to the application and if the applicant be a limited partnership, a certified copy of its certificate of limited partnership shall be attached to the application.
"Bowling alley"
means a structure in which the game of bowling is played by the public. The game uses a heavy ball which is bowled along a wooden lane (bowling alley). The object is to knock down ten wooden pins set up in an upright position at the far end of the lane.
Incidental services at a bowling alley may include the sale of alcoholic beverages, if approved by the Alcoholic Beverage Control Board of the State, sale of nonalcoholic beverages, rental of bowling equipment or sale of snack foods.
"Pool hall" or "billiard hall"
means a hall or structure wherein the games of pool or billiards are played by the public. These games are played with cue sticks on rectangular tables with or without pockets, using one to fifteen balls. One or more pool or billiard tables shall constitute a pool hall or billiard hall which shall require a pool hall or billiard hall license. Three or fewer pool tables may be a permitted accessory use but only in a bona fide restaurant (not including fast food restaurants), taverns, private clubs and other commercial entertainment uses.
"Family billiard room"
means any billiard room wherein minors are permitted to play billiards under the provisions of this chapter.
"Public cardroom" or "public card table"
means a room or enclosed area wherein the public assembles to play card games of skill or chance for enjoyment or amusement purposes only. Wagering or the exchange of money or anything of value is strictly prohibited.
"Public dance"
means and includes any dance not held or given in a private home or residence. "Public dance hall" means and includes any room, place or space, except a private home or residence, where dancing is carried on and where the permittee provides instrumental music by more than one musician, singing by any person other than a musician or music by records or various recording and sound-production equipment and devices. An occasional dance for which a special permit has been obtained from the chief of police, shall not be considered a public dance hall or public dance.
Incidental services may include the sale of alcoholic beverages if approved by the Alcoholic Beverage Control Board of the State, sale of non-alcoholic beverages, or serving of food, sandwiches or snacks.
(Ord. 2182 § 3, 1992)
A. 
Permit Required. No person shall carry on, maintain or conduct any public dance hall, public dance, billiard hall, pool hall, bowling alley or family billiard hall in the city without first obtaining a permit therefor from the city.
The provisions of this chapter shall not apply to an occasional dance held by a group or association for which a special permit has been obtained from the chief of police. The director, owner or person in charge of the premises and the group or association desiring to hold such occasional dance shall make written application to the chief of police not less than fourteen nor more than sixty days prior to the holding of such dance. If the chief of police determines that it is in fact an occasional dance, that the premises is not regularly and primarily used to hold public dances, that proper policing of the dance and premises will be afforded and that the peace and quiet of the neighborhood will not be disturbed, he shall issue such special permit; otherwise he shall deny it. An occasional dance permit shall not be required for a dance held at a social club, or at a public school on school property and as a school function. Alcoholic beverages may be served and consumed at an occasional dance provided appropriate permission to do so is received under the State Alcoholic Beverage Control Act and from the chief of police. Each applicant for an occasional dance shall pay a nonrefundable investigation fee as set by a resolution of the city council.
(Ord. 2182 § 3, 1992)
Any person desiring a permit to conduct or maintain a business or activity regulated by this chapter shall make application on forms to be provided by the city's planning and building director ("planning director"). Such application shall include the following: (a) name and address of the applicant; (b) the proposed location; and (c) such other information deemed pertinent by the planning director. The application shall be duly filed under penalty of perjury. False statements therein will constitute grounds for denial. A nonrefundable fee, as set by city council resolution, shall be paid to the city at the time the application is filed.
(Ord. 2182 § 3, 1992)
On receipt of the application, the planning director shall refer it to the various city departments for investigation. Such departments shall file their reports and recommendations regarding the granting or denial of the permit with the planning director within thirty days after the completed application is filed.
(Ord. 2182 § 3, 1992)
A. 
The planning director shall transmit the application, together with the reports and recommendations of the city departments, to the planning commission for hearing and shall notify the applicant of the time and place of the hearing, which shall be held before the planning commission within forty-five days from the date the completed application is filed. Prior to the hearing, the planning director shall give the applicant notice of the recommendations of the city departments.
B. 
Notice of the time and place of the hearing shall also be given in accordance with the requirements of the Municipal Code and by mail to each owner of property within five hundred feet of the site of the proposed use; and by posting the property at the site of the proposed use.
C. 
At the hearing, if the planning commission determines that the application is complete and truthful, that where the applicant is an entity it is a bona fide entity organized and conducted for a lawful purpose, that the applicant, the persons interested in the ownership and operation of the entity and the officers and trustees of the entity are persons who will operate and conduct the business or activity in a lawful manner and that the public peace, welfare and safety will not be impaired, the application shall be approved or conditionally approved; otherwise, it shall be denied. However, despite planning commission approval of the application for the permit, the applicant shall not commence operation of his business (or activity) until a permit is actually issued by the city. The applicant shall have a maximum of one hundred eighty days after planning commission approval to obtain the permit, and failure to do so within that period shall render the planning commission approval void, unless an extension of the compliance period is granted by the planning commission before the expiration thereof.
(Ord. 2182 § 3, 1992)
Notwithstanding the provisions of Section 9.44.050, if a permit application for a pool hall involves two or less pool tables, the planning director may issue such permit without a hearing by the planning commission if the concerned city departments do not object to such issuance. If a city department recommends denial of the permit, the provisions of Section 9.44.050 shall apply.
(Ord. 2182 § 3, 1992)
A. 
The planning director may revoke or suspend any permit issued under this chapter upon a determination that there has been:
1. 
A material false statement made in the application;
2. 
That there has been a transfer of an ownership interest in the establishment or any entity which may own it;
3. 
There has been a failure to comply with the provisions of this chapter; or
4. 
That such establishment has been operated in a manner which endangers the patrons thereof or the public health, safety or welfare. Any suspended permit must either be reinstated or revoked by the planning director within ninety days after the suspension.
B. 
Notice of any such decision to suspend or revoke shall be given in writing served by registered or certified mail to the permittee and shall only be final and effective at the end of the fifteenth day after such service unless the permittee has theretofore filed an appeal therefrom with the planning commission, which shall then hold a de novo hearing. Said appeal hearing shall be held within thirty days from the filing of the appeal.
(Ord. 2182 § 3, 1992)
Whenever a permit has been revoked or an application for a permit has been denied, no other application for a permit shall be considered for a period of one year from the date of such revocation or denial, unless the cause of denial or revocation has been to the satisfaction of the planning director or the planning commission, been removed within such time.
(Ord. 2182 § 3, 1992)
Any permit issued pursuant to this chapter shall not be transferred or assigned to another person or to another location for any purpose.
(Ord. 2182 § 3, 1992)
No person shall carry on, maintain or conduct any business or activity regulated by this chapter between the hours of two a.m. (2:00 a.m.) and six a.m. (6:00 a.m.); except that this restriction shall not apply on New Year's Eve or to a graduation dance sanctioned by a State accredited school or to licensed commercial activities carried on within the premises of a licensed bowling alley.
(Ord. 2182 § 3, 1992)
The premises of all business or activities conducted pursuant to this chapter, whether public or private, shall, at all times when open to its membership or to the public, be subject to inspection by the city's planning director, license and zoning inspectors, building inspectors, or by police officers in the pursuit of their official duties, and no person shall hinder or obstruct such inspection. The inspection shall be limited to those areas of the premises which are available, open and used by the general public or the membership. The purpose of the inspection is to determine whether the permitted premises is being operated in compliance with the requirements set forth in the permit provisions applicable to the premises. No criminal penalty shall be imposed for failure to allow such inspection, or for delaying or obstructing such inspection but such action shall be grounds for suspension or revocation of the permit.
(Ord. 2182 § 3, 1992)
Upon any permit required by this chapter being granted, refused, suspended or revoked, as specified in this chapter, any interested party may, within fifteen days after notice thereof has been sent by registered or certified mail, file a written request with the planning commission secretary for a hearing by the planning commission to review such grant, refusal, suspension or revocation. Upon the filing of such a request, the secretary shall set such hearing within thirty days and, unless waived in writing by such person, shall serve a notice of the time and place thereof by regular mail to the person making such request at the address shown therein at least ten days in advance of such hearing. The commission may affirm the grant, denial, revocation, or suspension, or order the issuance, or reinstatement of any permit.
Any person aggrieved by the findings and determination of the planning commission after a hearing under this chapter shall within fifteen days from the date the decision becomes final, file a written request with the city clerk for a hearing by the city council. Upon the filing of such request, the city clerk shall set such hearing within forty-five days and, unless waived in writing by such person, shall serve a notice of the time and place thereof by regular mail to the person making such request at the address shown therein at least fifteen days in advance of such hearing.
Any person aggrieved by the findings and determination of the city council after a hearing under this chapter shall within ninety days from the date the decision becomes final take whatever legal steps he may deem necessary to appeal therefrom. Such judicial review shall be governed by the provisions of Section 1094.6 of the Code of Civil Procedure.
(Ord. 2182 § 3, 1992)
No person owning, controlling, managing or having charge of any public pool hall, public billiard hall, public cardroom or public card table, or any other table kept or used for gaming, upon which balls, cues or cards are used, shall allow, suffer or permit any person under the age of eighteen years to visit, frequent or be present at, in or about such place, unless such person under the age of eighteen years is accompanied by such person's parent or legal guardian or unless admission of persons under the age of eighteen years is permitted as a condition of a license approved by the Alcoholic Beverage Control Board of the State.
(Ord. 2182 § 3, 1992)
No person under the age of eighteen years shall visit, frequent or be present at or in any public pool hall, public billiard hall, public cardroom or any other public place where public tables are kept or used for gaming, upon which balls, cues or cards are used, unless such person is accompanied by such person's parent or legal guardian or unless admission of persons under the age of eighteen years is permitted as a condition of a license approved by the Alcoholic Beverage Control Board of the State.
(Ord. 2182 § 3, 1992)
Permits to operate family billiard rooms shall be issued upon and subject, but not limited to, the following conditions:
A. 
Physical Environment.
1. 
Family billiard rooms shall be located at street level or that level which most approximates street level.
2. 
A clear and unobstructed view of the entire interior of the family billiard room shall be visible from entrance to such room.
3. 
No partitions forming rooms, stalls or other enclosures within which the public may congregate shall be permitted within the family billiard room. However, this shall not prohibit the maintenance of washrooms, toilet rooms or storage closets.
4. 
The family billiard room shall be maintained in a separate room from other business activities of the owner or operator of such room.
5. 
No alcoholic beverages shall be sold, consumed or made available in family billiard rooms.
B. 
Conduct.
1. 
Behavior within family billiard rooms shall conform to all laws and ordinances in addition to the provisions of this chapter. Sufficient adult supervision shall be provided by management to assure compliance with such laws and ordinances. The owners, managers and operators, and each of them, of a family billiard room shall be strictly responsible for the enforcement of any rules and regulations promulgated for the operating of such room, and shall not permit any person violating any law, ordinance, rule or regulation to remain in the family billiard room.
2. 
No persons shall bring any form of alcoholic liquor into a family billiard room. No person in an intoxicated condition shall enter or remain in a family billiard room.
3. 
No person having charge or control of any family billiard room shall permit any person to enter or remain therein who has any form of alcoholic liquor in his possession, or permit any intoxicated, boisterous or disorderly person to enter, be or remain in any family billiard room.
(Ord. 2182 § 3, 1992)
Persons under the age of eighteen years may enter and remain in family billiard rooms and play billiards therein with the following limitations:
A. 
A person under the age of eighteen years may be present in a family billiard room and engage in the game of billiards, unaccompanied by a parent or guardian, if the parent or guardian of such person has signed and filed with the owner, director or operator of the family billiard room a consent form of a type approved by the chief of police. Such form must be signed by the parent or guardian in the presence of the owner, director or operator.
B. 
No person having charge or control for any family billiard room shall allow a person under the age of eighteen years to enter and remain therein after the receipt of a notice signed by the parent or guardian of such minor or person in which notice the parent or guardian has requested that the minor be prevented from entering or remaining in any such premises.
(Ord. 2182 § 3, 1992)