City of Rochester, NY Article V Billiard Rooms

[Added 4-4-1989 by Ord. No. 89-109[1]]

[1] Editor's Note: This ordinance also renumbered former Article V as Article VI and §§ 29-18 through 29-20 as §§ 29-23 through 29-25.

§ 29-18 License required.

No person shall maintain or operate a billiard room within the City of Rochester without first having obtained a billiard room license. A person who has obtained a billiard room license shall not also be required to obtain an amusement center license for the billiard room.

§ 29-19 License application procedure; inspections; license requirements.

A. An application for a billiard room license shall be made to the City of Rochester, City Clerk's office, on forms prescribed by the Chief of Police.

[Amended 5-14-1996 by Ord. No. 96-155]

B. Upon receipt of an application for a billiard room license, and after approval for Zoning Code compliance by the Manager of Zoning, the Commissioner of Neighborhood and Business Development and the Fire Chief shall cause an inspection of the premises to be made to determine whether the applicant is complying with the laws and ordinances which they are charged with enforcing, and said Commissioner and Fire Chief and members of their staffs shall have the right to enter upon any premises for which a billiard room license is sought for the purpose of making such an inspection during normal business hours.

[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]

C. Upon receipt of the application for the billiard room license, the Chief of Police shall cause an inspection to be made of the premises to determine whether public safety problems exist on the premises, and the Chief of Police shall cause an investigation to be made of the background of the owner and the operator of the room. The Chief of Police and his or her representatives shall have the right to enter upon such premises for the purpose of making such inspections during normal business hours. Further inspections of the premises may be made after a license has been issued to ensure compliance with laws and ordinances relating to billiard rooms.

[Amended 2-14-2006 by Ord. No. 2006-22]

D. Except as provided in New York Correction Law, Article 23-A, no billiard room license shall be issued to any person who has pled guilty to or has been convicted of any crime.

E. The Chief of Police may promulgate rules and regulations to govern the operation of billiard rooms so as to provide for the orderly operation of the rooms and to ensure the public safety and the peace and tranquillity of the neighborhood where the rooms are located.

F. No billiard room license shall be issued to any person against whom judgment has been rendered by the Municipal Code Violations Bureau in response to a complaint charging a violation of any section of this chapter, which judgment has not been satisfied.

§ 29-20 Operation of rooms.

A. The owner and operator of any billiard room shall comply with all provisions of federal, state and local laws and ordinances relating to the conduct of business and the use and maintenance of the premises.

B. The owner and operator of any billiard room shall comply with all the notices, orders, decisions and rules and regulations made by the Chief of Police, Fire Chief, Commissioner of Neighborhood and Business Development and the Manager of Zoning governing the occupation and use of said premises.

[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]

C. The owner and operator of any billiard room shall cause the billiard room license to be posted in a conspicuous place on the premises of the billiard room.

D. The owner and operator of any billiard room shall not permit at any time a greater number of persons on the premises than the capacity approved by the Department of Neighborhood and Business Development and set forth on the billiard room license.

[Amended 6-16-2009 by Ord. No. 2009-179]

E. The owner and operator of any billiard room shall not suffer or permit any minor under the age of 16 years to enter or remain in the billiard room unless accompanied by a parent or legally appointed guardian.

F. The owner and operator of any billiard room shall be of good moral character and a fit and proper person to hold a license and shall maintain good order on the premises at all times. The lack of good order on the premises shall include, but not be limited to, the following;

(1) Fighting and rowdy behavior.

(2) Sale or consumption of alcoholic beverages.

(3) Gambling.

(4) Prostitution.

(5) Sale, possession or use of any controlled substances, marijuana, hypodermic instrument or drug paraphernalia.

G. The owner and operator of any billiard room shall not keep such billiard room open or operate the same after the hour of 12:00 midnight and before 7:00 a.m. the next morning.

§ 29-21 License fee.

A. The annual fee for a billiard room license shall be $250.

[Amended 6-18-1991 by Ord. No. 91-257; 5-12-1992 by Ord. No. 92-175; 6-14-1994 by Ord. No. 94-171; 6-18-1996 by Ord. No. 96-206; 6-18-2002 by Ord. No. 2002-201]

B. Payment of the fee shall be due upon application for the license.

[Amended 6-18-2002 by Ord. No. 2002-201]

C. The fee for replacement of a billiard room license which has been lost or destroyed shall be $10.

[Amended 6-14-1994 by Ord. No. 94-171]

§ 29-22 Expiration of license.

[Amended 6-18-1996 by Ord. No. 96-206]

Billiard room licenses shall expire on January 31 of each year. Fees for renewal of a billiard room license expiring in 1996 shall be prorated on a semiannual basis.