[HISTORY: Adopted by the Township of Howell
by Ord. No. O-90-59 (§ 4-10 of the 1974 Code). Amendments
noted where applicable.]
For the purposes of this chapter, the following
terms shall have the meanings indicated:
Any place of public assemblage in which the game commonly
known as "pool" or "billiards" or games of a similar nature are played
No person shall operate or conduct a pool or billiard hall or parlor without having first obtained from this municipality a license so to do and upon payment to the municipality of an annual license fee as set forth in Chapter 139, Fees.
A.
Applicants for a license under this chapter shall
file with the Township Clerk a sworn application, in writing, which
shall include the following information:
(1)
Name and physical description of applicant.
(2)
Complete permanent home and local address, if any,
of the applicant.
(3)
Two recent photographs of the applicant, which shall
be approximately two inches by two inches, showing the head and shoulders
in a clear and distinguishable manner.
(4)
Appropriate evidence as to the good character and
business responsibility of the applicant as will enable an investigator
to properly evaluate such character and business responsibility.
(5)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation, including the
nature of the offense and the penalty or punishment therefor.
B.
The applicant shall be fingerprinted, which fingerprints
are to be recorded and processed immediately for classification and
identification.
C.
No license shall be issued until the application is
approved by the Township Council, allowing adequate time for investigation
of the facts set forth in the application. The Township Council shall
have 45 days from the filing of the application within which to complete
its investigation.
D.
Applications for partners shall be signed by all partners
with the foregoing provisions of this section answered in detail as
to each partner. Applications for corporations shall be signed by
all officers, directors and shareholders owning 10% or more of the
corporation with the foregoing provisions of this section answered
in detail as to each officer, director or shareholder.
E.
The licensee shall further submit to the Township
Clerk a statement containing all of the information required under
this section as to each employee hired to be employed in the licensed
premises. The information as to initial employees shall be submitted
prior to the issuance of a license, and any employees hired subsequently
shall be reported to the Township Clerk within five business days
of their employment.
The Township Clerk shall immediately upon the
filing of an application institute such investigation of the applicant's
qualifications for a license, including moral character, business
responsibility and other information, which shall be reasonably necessary
for the protection of the public welfare, and if the application is
approved, then upon payment of the appropriate fee he shall issue
the license.
A.
Licenses issued hereunder may be revoked by the Township
Council after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation, or a materially incorrect
statement contained in the application for license.
(2)
Fraud, misrepresentation, or a materially incorrect
statement made in the course of carrying on his business.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business in an unlawful manner or in
such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a license
shall be given by the Township Clerk in writing, setting forth specifically
the grounds of complaint and the time and place of hearing. Such notice
shall be mailed postage prepaid to the licensee at his last known
address at least 10 days prior to the date set for hearing or shall
be delivered by a police officer in the same manner as a summons at
least three days prior to the date set for hearing.
Any person aggrieved by the action of the Township Clerk in the denial of an application for a license as provided herein shall have the right to appeal to the Township Council. Such appeal shall be taken within 14 days after notice of the denial of the application has been mailed to such person's last known address. The Township Council shall set a time and place for hearing on such application, and notice of such hearing shall be given to the applicant in the same manner as provided in § 68-5 for notice of a hearing on revocation.
A.
No licensee, nor any agent, servant, or employee of
a licensee, shall allow or permit, or cause to be allowed, suffered
or permitted:
(1)
The licensed premises to be or remain open for business
between the hours of 1:00 a.m. and 9:00 a.m. on a weekday, 2:00 a.m.
and 9:00 a.m. on Saturday, and between the hours of 2:00 a.m. and
12:00 noon on a Sunday.
(2)
A minor under the age of 16 years, unaccompanied by
a parent or guardian, to play in or at the licensed premises the game
commonly known as "pool" or "billiards," or games of a similar nature,
or to frequent or lounge or congregate or gather therein or in or
about the front of said premises.
(3)
A minor over the age of 16 years and under the age
of 18 years to play in or at the licensed premises after the hour
of 9:00 p.m. the game commonly known as "pool" or "billiards" or games
of a similar nature, or to frequent or lounge or congregate therein.
However, any minor 16 years or older and under the age of 18 years
may be permitted to play in the licensed premises until 11:00 p.m.
on Fridays, Saturdays and Sundays and on legal holidays and during
school vacations.
(4)
Any gambling in any form in or at the licensed premises.
(5)
Any person under the age of 18 years to be employed
in any capacity in or at the licensed premises.
(6)
Any intoxicated or disorderly person to be admitted
to the licensed premises or to remain therein or to loiter in front
of said premises.
(7)
The consumption of alcoholic beverages on the licensed
premises.
B.
No card playing shall be permitted on premises licensed
under this chapter even if card playing is for social purposes.
The license to operate a pool hall or billiard
hall shall be conspicuously posted and displayed in any premises licensed
under this chapter.
No billiard or pool hall shall be licensed to
sell or be permitted to have a liquor license for the sale of packaged
goods and/or dispensing of alcohol on the premises.
Any person, firm or corporation who or which
shall violate any of the provisions of this chapter shall, upon conviction
thereof, be subject to a fine or not more than $500 or to imprisonment
in the county jail for not more than 90 days, or both such fine and
imprisonment. In addition thereto any such violation may result in
the suspension or revocation of the license.
