§ 177-1Title and scope; purpose.
§ 177-2License required.
§ 177-3Application; hearing.
§ 177-4Age requirement for licensee.
§ 177-5Term of license; fees.
§ 177-6Power and authority of Board of Trustees.
§ 177-7Inspection of premises required.
§ 177-8Alcoholic beverages restricted.
§ 177-9Minors prohibited.
§ 177-10License to be posted.
§ 177-11Nontransferability of license.
§ 177-12Conduct of licensee; prohibited acts on premises.
§ 177-13Suspension and/or revocation of license.
§ 177-14Penalties for offenses.
§ 177-15Exceptions.
No public billiard or pocket billiard room or poolroom or public place of any description in which billiards, pocket billiards or pool are played or which includes any apparatus or paraphernalia for the playing of billiards, pocket billiards or pool and which is conducted as a public place of business for profit shall be permitted in the Village of Blasdell unless a license, as provided for in this chapter, is obtained annually by the proprietor.
Prior to the opening of any of the establishments, the owner and/or operator of the same shall make application to the Village Clerk for a license. The Clerk shall refer the application to the Blasdell Police Department and/or the agency supplying police protection to the Village of Blasdell, and to the Village of Blasdell Building Department for investigation and report.
The Blasdell Police Department and/or the agency supplying police protection to the Village of Blasdell shall determine if the applicant has been convicted of a crime and shall refer its findings to the Village of Blasdell Board for its consideration.
The Building Inspector shall determine if the building is properly zoned for the use and conforms to the Village of Blasdell Code and the New York State Uniform Fire Prevention Code.
If either of these reports is negative, the Village Clerk shall reject the application and shall give notice to the applicant thereof and shall also notify the applicant of a right, within 10 days after notice of denial, to request a hearing before the Village of Blasdell Board of Trustees; such request shall be in writing and filed with the Village Clerk, who shall notify the Village Board so that a hearing may be scheduled.
No poolroom or billiard room license shall be issued to any person who has not reached the age of 21 years.
There shall be an annual license running from January 1 to December 31 of each year, for which there shall be an annual fee, per table, as set by the Board of Trustees,
The licensing of all persons who apply for licenses to conduct poolrooms and billiard rooms, the regulation and inspection of poolrooms and billiard rooms and the enforcement of the provisions of this chapter, as well as the revocation of such licenses for violations of this chapter, shall be under the control of the Village of Blasdell Board of Trustees. Further, the Village of Blasdell Board of Trustees is hereby authorized to enact and establish reasonable rules and regulations for the inspection and safe operation of poolrooms and billiard rooms to determine their condition of cleanliness, sanitation and fitness as a place for the congregation of persons.
No poolroom or billiard room license shall be issued to any person until the particular poolroom or billiard room premises mentioned in the application for such license has been thoroughly inspected and found to be in a well-ventilated, clean and sanitary condition and fit for the congregation of persons.
It shall be unlawful for any alcoholic beverage to be sold, served, delivered or consumed on the premises for which said permit or license is granted unless the establishment is currently operating with a valid license issued by the State of New York Liquor Authority.
No person operating or having control of pool or billiard tables shall permit or allow any minor under the age of 16 years to play thereon or to use any such tables or to be, remain in or frequent any such room, and it shall be the responsibility of the license holder to post conspicuously in the place of business the following sign: "Minors under the age of 16 years not allowed here."
Each license shall be kept posted and permanently displayed at all times in the poolroom or billiard room at the premises mentioned in the license.
Each license shall constitute the grant of a privilege, and no license shall be assigned or transferred by the person to whom such license is issued, and the person to whom such license is issued shall not operate or conduct a poolroom or billiard room at any place other than the premises for which such license was issued.
No person licensed to operate a poolroom or billiard room shall harbor any criminal, gangster, swindler, professional gambler or other person of ill repute, nor permit fights, brawls or disturbances constituting a public nuisance in any poolroom or billiard room for which such license was issued; nor engage in, suffer or permit lotteries, number running, bookmaking, chance selling, gambling or gambling devices in any poolroom or billiard room for which said license was issued; nor engage in, permit or suffer any violations of the ordinances of the Village of Blasdell or of the laws of the State of New York or of the United States of America in any poolroom or billiard room for which such license was issued.
Any license issued under this chapter may be suspended or revoked by the Village Board for violation of any of the terms of this chapter by the person to whom such license was issued or for violation of the laws of the State of New York or the laws of the United States of America, or for other good cause, by the person to whom such license was issued.
Any license issued under this chapter shall be revoked by the Village Board for the remainder of the year for which such license was issued upon conviction of the person to whom such license was issued, either on trial, plea of guilty or non vult, in any of the courts of the State of New York or in any of the courts in any other state of the United States of America or in any court of the United States of America, for engaging or participating in gaming, bookmaking, number writing, number selling or keeping slot machines and gambling devices.
Proceedings for suspension or revocation of a license for violation of this chapter shall be by hearing before the Village Board on written notice of the charges served upon the licensee not less than five days before the time set for hearing thereof, either in person or by registered mail addressed to the location of the poolroom or billiard room mentioned in such license, and said hearing may be adjourned from time to time by the Village Board. In case any license is suspended or revoked, the licensee shall not be entitled to a refund of any part of the license fee theretofore paid.
A violation of any of the provisions of this chapter, including failure to obtain a license, shall constitute a violation and shall subject the owner, manager, operator, tenant or any other person in charge of the establishment to a fine of $250 for each such violation or imprisonment not exceeding 15 days, or both. Each day's violation shall be a separate and distinct violation and subject the violator to a further fine of $250.
This chapter shall not apply to any church or fraternal order or other non-profit-making association which operates or maintains any pool tables or billiard tables solely for the use and recreation of its own members.
