Sec. 16-16. - Definitions.

As used in this article, the following words and terms shall have the definitions ascribed in this section, to wit:

Billiard hall shall mean any place wherein a billiard table or tables are provided to be played on for compensation.

Billiard table is defined as any table surrounded by a ledger or cushion with or without pockets in which balls are impelled by a stick or a cue and which is not operated solely by a coin deposit.

Coin-operated billiard table is a billiard table as defined herein that is operated solely by a coin deposit.

Licensee shall mean every person, firm, association of persons, and corporation holding a billiard table license.

(Code 1959, § 8A-1; Ord. No. 32225, § 1, 4-9-64; Ord. No. 46600, § 1, 4-29-76)

Sec. 16-17. - License required.

It shall be unlawful for any person to keep, have, conduct or operate any billiard table for profit within the city without first obtaining a license therefor.

(Code 1959, § 8A-2; Ord. No. 32225, § 2, 4-9-64)

Sec. 16-18. - Exceptions.

The provisions of section 16-17 shall not apply to billiard tables kept on the premises of religious, charitable and educational organizations not operated for private profit and for the use of members and their guests; nor to billiard tables kept in private residences and used without charge by members of the family or bona fide guests; nor to billiard tables kept on the premises of bona fide clubs or social organizations not operated for private profit and which provide for membership privileges and activities although a charge may be made to members and their guests to help defray costs of upkeep and maintenance.

(Code 1959, § 8A-2; Ord. No. 32225, § 2, 4-9-64)

Sec. 16-19. - Application for license.

Before obtaining a license required by this article, the applicant shall make a written, signed application therefor to the city tax assessor-collector. The application shall be made on forms provided by the city and shall set forth information concerning the applicant including but not limited to:

(1)

The full name, age, place of birth and present residence and business address of the applicant.

(2)

The length of residence of the applicant in city and state and whether or not he is a citizen of the United States.

(3)

A personal description of the applicant including age, height, weight, race, color of eyes, complexion, color of hair, facial marks and defects if any, sex, marital status and telephone number.

(4)

Whether applicant has been charged with or convicted of any felony or misdemeanor, but excluding traffic violations, and if so full information concerning each.

(5)

The number of billiard tables to be obtained and the location of the proposed billiard hall.

(Code 1959, § 8A-4; Ord. No. 32225, § 4, 4-9-64)

Sec. 16-20. - Amount of fee and occupation tax; payment; refunds.

The fee for a license required by this article shall be ten dollars ($10.00) annually for each billiard table. In addition every licensee shall pay one-half the state tax for each billiard table operated by the licensee. The tax shall be paid annually to the city treasurer on or before the effective date therefor. No refund shall be made after said tax is paid.

(Code 1959, § 8A-3; Ord. No. 32225, § 3, 4-9-64; Ord. No. 37514, § 1, 5-22-69; Ord. No. 39555, § 1, 6-3-71; Ord. No. 46600, § 1, 4-29-76)

Sec. 16-21. - Receipt; proration.

The city treasurer, who shall issue a receipt for each license and license renewal, showing the period covered thereby and the amount of tax for which the receipt is issued. Where a license is issued for a period of less than one (1) year, the fee shall be prorated on the basis of one-quarter of the annual fee for each three (3) months.

(Code 1959, § 8A-3; Ord. No. 32225, § 3, 4-9-64; Ord. No. 37514, § 1, 5-22-69; Ord. No. 39555, § 1, 6-3-71; Ord. No. 46600, § 1, 4-29-76)

Sec. 16-22. - Investigation of applicant by chief of police; issuance or denial of license.

The city treasurer shall refer the application filed pursuant to this article to the chief of police who shall verify the accuracy of the statements made in the application and may request character references from two (2) citizens of the county attesting to the applicant's good moral character. The chief of police shall then submit his' recommendation to the city treasurer who shall issue or refuse the license accordingly.

(Code 1959, § 8A-5; Ord. No. 32225, § 5, 4-9-64; Ord. No. 46600; § 1, 4-29-76)

Sec. 16-23. - Term; renewals.

(a)

All licenses issued pursuant to this article shall expire one (1) year from the date the license is effective except as follows:

(1)

Where an establishment operating under a billiard hall license only subsequently obtains a beer license, the next renewal is effective to the date of expiration of the beer license.

(2)

Where an establishment operating under a beer license only subsequently installs one (1) or more billiard tables, the initial billiard hall license shall cover the period from its effective date to the date of expiration of the beer license.

(b)

Licenses may be renewed upon application to the city treasurer. Application for renewal shall be referred to the chief of police for determination as to continuing compliance with this article.

(Code 1959, § 8A-3; Ord. No. 32225, § 3, 4-9-64; Ord. No. 37514, § 1, 5-22-69; Ord. No. 39555, § 1, 6-3-71; Ord. No. 46600, § 1, 4-29-76)

Sec. 16-24. - Sealing machines for failure to pay tax.

The license and dues inspectors of the city treasurer's office are authorized to and shall have the power to seal or make inoperable without damaging any billiard table on which the license tax has not been paid. The license and dues inspectors are authorized to release any billiard tables so sealed upon the payment in full of all license fees and occupation taxes due and the payment of a fee of five dollars ($5.00) to the city treasurer for each billiard table so sealed.

(Code 1959, § 8A-3; Ord. No. 32225, § 3, 4-9-64; Ord. No. 37514, § 1, 5-22-69; Ord. No. 39555, § 1, 6-3-71; Ord. No. 46600, § 1, 4-29-76)

Sec. 16-25. - Posting license in a conspicuous place.

Any license issued under this article shall be posted by the licensee in a conspicuous place near the entrance of any room or rooms where any billiard tables are operated, maintained or kept for profit or for the amusement of their patrons.

(Code 1959, § 8A-8; Ord. No. 32225, § 8, 4-9-64)

Sec. 16-26. - Transfer of license.

A license issued pursuant to this article may be transferred to a different lawful location upon application and payment of a transfer fee of one dollar ($1.00). Licenses may not be transferred to a different licensee.

(Code 1959, § 8A-9; Ord. No. 32225, § 9, 4-9-64)

Sec. 16-27. - Zoning regulations to be complied with.

No license shall be issued for any location where the proposed operation would be in violation of chapter 35, Zoning.

(Code 1959, § 8A-10; Ord. No. 32225, § 10, 4-9-64)

Sec. 16-28. - Revocation of license.

The chief of police may revoke or suspend the license of any person issued under the provisions of this article if the applicant has knowingly made any false, misleading or fraudulent statement of fact in the licensing application; or upon any grounds that would warrant the denial of issuance of the license in the first place; or for permitting gambling within the billiard hall. Notice of the suspension or revocation shall be given to the licensee in writing, with the reasons for the suspension or revocation specified in the notice. The notice shall be served either by personal service upon the licensee, or by posting the notice upon the establishment.

(Code 1959, § 8A-6; Ord. No. 32225, § 6, 4-9-64; Ord. No. 46600, § 1, 4-29-76)

Sec. 16-29. - Appeal from revocation.

When an applicant is refused a license required by this article or when a license is revoked or suspended by the chief of police the applicant may appeal to the city council within ten (10) days of such refusal, revocation or suspension, which appeal shall be perfected by delivering to the city clerk a letter stating that an appeal is desired. In the event of the filing of an appeal, until such appeal has been determined by the city council, the suspension order shall be stayed. The city council shall within a reasonable time after receiving the notice of appeal hold a hearing thereon and after the hearing sustain or reverse the decision of the chief of police. If no appeal is taken from the finding made by the chief of police within the prescribed ten-day period, the decision of the chief of police shall be final. (Code 1959, § 8A-7; Ord. No. 32225, § 7, 4-9-64; Ord. No. 46600, § 1, 4-29-76)

Sec. 16-30. - Unobstructed view by general public.

(a)

Every billiard hall shall have unobstructed windows or open space on at least one (1) side so that the area is open to view by the general public passing by on a public street or using a corridor, lobby or other rooms to which the public resorts and is admitted without charge. The licensee shall not permit any obstruction of such public view by the use of drawn shades, blinds, partitions or other structures or obstructions.

(b)

The requirements of (a) above may be waived or modified by the chief of police if the licensee can demonstrate:

(1)

The billiard hall is located in a structure deemed a historic landmark, or the structure is within a historic district or a designated business development district, and deemed to have architectural or historic significance; and

(2)

Compliance with the unobstructed view requirement shall require alterations to the structure that will have a substantially detrimental effect on its historic or architectural features. In making his decision, the chief shall consider the written opinion of the city's historic preservation officer in regards to (1) and (2) above. The historic preservation officer shall submit such written opinion to the chief within fourteen (14) days from the date the chief requests the opinion. Failure by the historic preservation officer to submit such written opinion shall be deemed as establishment of both conditions (1) and (2) above.

(Code 1959, § 8A-11; Ord. No. 32225, § 11, 4-9-64; Ord. No. 94707, § 1, 10-11-01)

Sec. 16-31. - Hours of operation.

It shall be unlawful for any person to keep, conduct or operate any billiard table or coin-operated billiard table for profit or to allow or permit any billiard hall to remain open for business or open to the public before the hour of 7:00 a.m. or after the hour of 2:00 a.m. provided, however, that national or state-wide tournaments may be conducted without complying with such hours if sponsored by any established national billiard association which submits a written request at least forty-five (45) days prior to the first day of the tournament, to the city manager, and if it receives city council's approval by way of ordinance.

(Code 1959, § 8A-13; Ord. No. 32225, § 13, 4-9-64; Ord. No. 37504, § 5-22-69; Ord. No. 37931, § 1, 9-25-69; Ord. No. 39707, § 1, 7-22-71; Ord. No. 46600, § 1, 4-29-76; Ord. No. 63743, 9-25-86; Ord. No. 69322, 4-20-89)

Sec. 16-32. - Proprietors prohibited from permitting betting.

It shall be unlawful for any person who keeps, conducts or operates a billiard table for profit or for the amusement of their patrons knowingly to permit or allow any wager or bet to be made on the outcome of any game, contest or exhibition played upon any such billiard table.

(Code 1959, § 8A-15; Ord. No. 32225, § 15, 4-9-64)

Sec. 16-33. - Presence of minors.

No person under eighteen (18) years of age shall be permitted to remain in any billiard hall where any intoxicating beverages are dispensed or consumed, unless accompanied by parent, legal guardian or spouse of legal age.

(Code 1959, § 8A-16; Ord. No. 32225, § 16, 4-9-64; Ord. No. 35383, § 1, 4-27-67; Ord. No. 42665, § 1, 8-23-73)

Secs. 16-34—16-50. - Reserved.