[HISTORY: Adopted by the Town Board of the Town of Southampton as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-24-1990 by L.L. No. 12-1990; amended in its entirety 5-23-1997 by L.L. No. 12-1997
As used in this article, the following terms shall have the meanings indicated:
- BILLIARD ROOM
- A room, hall, parlor or place of any description in which billiards are played and which contains three or more billiard tables or apparatus or paraphernalia for the playing of billiards and which is conducted as a public place of business for profit.
No person shall maintain or operate a billiard room within the Town of Southampton without first having obtained a billiard room license.
An application for a billiard room license shall be made to the Town Clerk of the Town of Southampton on forms prescribed by the Town Board.
Upon receipt of an application for a billiard room license, and after approval for Zoning Code compliance by the Building Inspector, the Building Inspector and the Fire Marshal 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 Building Inspector and Fire Marshal and members of their staff 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.
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 representatives shall have the right to enter upon such premises for the purposes 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.
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.
The Town Board 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 tranquility of the neighborhood where the rooms are located.
The providing of false information by the applicant or his agent shall constitute sufficient grounds for revocation of a billiard room license.
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.
The owner and operator of any billiard room shall comply with all notices, orders, decisions and rules and regulations made by the Town Board, Building Inspector, Fire Marshal and Police Chief governing the occupation and use of said premises.
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.
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 Fire Prevention and set forth on the billiard room license.
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.
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:
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.
The annual fee for a billiard room license shall be $300.
Fees for an initial billiard room license issued for less than a full year shall be prorated on a quarterly basis. Payment of the fee shall be due upon application of the license.
The fee for replacement of a billiard room license which has been lost or destroyed shall be $25.
Billiard room licenses shall expire on December 31 of each year.
Any person who violates the provisions of this article shall, upon conviction, be deemed guilty of an offense which shall be punishable by a fine of not less than $100 nor more than $500 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
Nothing contained in the foregoing subsection shall preclude the Town Board from seeking an injunction against any person violating the provisions of this article.
In addition to the foregoing, the Town Board may revoke the license of any person accruing three or more violations during any one-year period.