Sec. 5-1. - Penalty for violations of article.

Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor and shall be punishable as such.

Sec. 5-2. - Bond required for carnivals, circuses and trained animal shows.

No person shall operate or exhibit any carnival, circus or trained animal show licensed pursuant to Chapter 23 of this Code without first posting, with the commissioner of the revenue, a surety bond in the amount of five hundred dollars ($500.00), which bond shall assure faithful compliance by the licensee with all applicable ordinances of the city.

(Lic. Tax Ord. of 1977, § 47; Ord. No. 4626-94; Ord. No. 5518-00)

Sec. 5-3. - Boxing and wrestling matches or exhibitions.

(a)

Strictly amateur boxing matches or exhibitions, as defined in section 9-35 of the Code of Virginia,* shall be permitted within the confines of the city to which an admission fee may be charged; provided, however, that this subsection is subject to the provisions, exceptions and limitations set forth in sections 9-16 to 9-48 of the Code of Virginia. ^[35]

(b)

Wrestling, boxing or sparring matches or exhibitions may be conducted in the city under the direction, management and control of the state wrestling and boxing commission by such clubs, corporations or associations as may be formed and licensed under the provisions of sections 9-27 and 9-28 of the Code of Virginia.*

(Ord. No. 173, §§ 5, 6; Code 1961, §§ 25-8, 25-9)

Sec. 5-4. - Hours of operation for miniature golf courses.

No miniature golf course or enclosure or ground for the game or play of what is commonly known as miniature golf conducted for profit or compensation shall be open and no game shall be played thereon or therein between the hours of 12:00 midnight and 5:00 a.m. the following morning.

(Ord. No. 173, § 34; Code 1961, § 25-26)

Sec. 5-5. - Hours of operation for poolrooms and bowling alleys.

(a)

No billiard room or poolroom or parlor or bowling alley or place open to the public where pool, billiards or ten (10) pins or similar games are played shall be kept open for business between the hours of 12:00 midnight and 5:00 a.m. the following morning. No poolroom or parlor or any place open to the public where pool or billiards are played shall be kept open for business from 12:00 midnight Saturday until 5:00 a.m. Monday morning. No games shall be started after midnight, and all games started prior to midnight shall stop and all patrons shall be out of the place where such games are played not later than 12:30 a.m., except on Saturdays, when all games shall stop and all patrons shall be out of the place not later than midnight.

(b)

Where a poolroom or bowling alley is located in a room in which other business is conducted, the provisions of this section shall apply only to that portion of the room in which such games are played.

(c)

The closing hours provided in this section for bowling alleys may be extended by written permission of the chief of police, if such extension will not disturb the quiet and peacefulness of a residential neighborhood, result in a disruption of public morals, in the opinion of the chief of police, or disturb a church or Sunday school service.

(d)

The provisions of this section shall not apply to coin-operated miniature pool tables licensed by the city as coin-operated machines; provided, that such coin-operated miniature pool tables are not in any licensed or public pool or billiard saloon or room in the city.

(Ord. No. 173, § 47; Ord. No. 248; Ord. No. 517; Code 1961, § 25-32)

Cross reference— License tax for bowling alleys, § 23-38.

Sec. 5-6. - Minors prohibited in poolrooms.

(a)

No person under the age of eighteen (18) years shall be permitted to play pool or billiards at any licensed or public pool or billiard hall or room in the city or to loiter around such place.

(b)

It shall be unlawful for any person conducting a licensed or public pool or billiard hall or room in the city to permit any person under eighteen (18) years of age to play pool or billiards in such hall or room or to loiter therein.

(c)

The provisions of this section shall not apply to coin-operated miniature pool tables licensed by the city as coin-operated machines; provide, that such coin-operated miniature pool tables are not in any licensed or public pool or billiard hall or room in the city.

(Ord. No. 173, § 46; Ord. No. 517; Code 1961, § 25-33)

State law reference— Authority of city to regulate presence of minors in places of amusement, Code of Virginia, § 15.2-926.

Sec. 5-7. - Regulations governing family billiard centers.

(a)

A "family billiard center" is an establishment or business whereon billiards, amusement games or games of like nature are played and where such establishment or business meets the following criteria:

(1)

No alcoholic beverage is sold, kept or consumed on the premises.

(2)

All provisions of the city's zoning ordinances are met.

(3)

The premises is illuminated by a minimum interior lighting throughout at a level of forty (40) footcandles.

(4)

The premises has a window or windows open to view from a public street, or a way open to the public, having a minimum of two hundred (200) square feet of transparent glass, which window or windows shall not be permanently covered or otherwise obstructed.

(5)

The premises has at least ten (10) regulation size billiard tables (minimum measurements of four (4) feet by eight (8) feet).

(6)

The premises closes for business between the hours of 1:00 a.m. and 8:00 a.m. the following day; provided that on Sunday the establishment or business shall not be open until 1:00 p.m.

(b)

When the chief of police finds that an establishment or business meets the criteria set out in subsection (a) above, a certificate of approval shall be issued by the chief of police. The chief of police may revoke such certificate based upon factual information that the family billiard center fails to meet the criteria set forth in this section. Prior to such revocation, the chief of police shall give the proprietor of the business written notice of the intention to revoke such certificate. The proprietor shall have ten (10) days from receipt of such notice to make written application to the chief of police for a hearing on such revocation.

(c)

A family billiard center for which a certificate of approval has been issued under this section shall not be subject to the provisions of sections 5-5 and 5-6; provided, that upon revocation of such certificate, the provisions of such sections shall apply.

(Ord. No. 1751; Code 1961, § 25-33.1)

Sec. 5-8. - Regulations for commercial table top recreation centers.

(a)

A "commercial table top recreation center" is defined as any establishment where table football, table tennis, shuffleboard or any like game or device is displayed for public patronage and where three (3) or more tables for such activity are used.

(b)

No person shall operate a commercial table top recreation center, unless a certificate of approval has been issued therefor by the chief of police and unless the following provisions are met:

(1)

No alcoholic beverage shall be sold, kept or consumed on the premises, including the parking area belonging to and being a part of the commercial table top recreation center.

(2)

All provisions of the city's zoning ordinances are met.

(3)

No person under the age of fifteen (15) years shall be allowed to patronize the center's game tables.

(4)

The center shall be closed for business between the hours of 1:00 a.m. and 8:00 a.m.; provided, that on Sunday the center shall not be open until 1:00 p.m.

(5)

The center shall be illuminated throughout its interior at a level of forty (40) footcandles.

(6)

The center shall have and provide permanently maintained off-street parking for personnel and patrons at the rate of one and one-half (1½) parking spaces for each game table or machine displayed, whether in use or not.

Cross reference— Off-street parking requirements of zoning ordinance, § 45-3001 et seq.

(7)

The center shall have a window or windows open to view from a public street, or a way open to the public, having a minimum of one hundred (100) square feet of transparent glass area, which window or windows shall not be permanently covered or otherwise obstructed.

(c)

When the chief of police finds that a commercial table top recreation center meets the criteria of this section, a certificate of approval shall be issued by the chief of police. The chief of police may revoke the certificate based upon factual information that the commercial center fails to meet the criteria set forth in this section. Prior to such revocation, the chief of police shall give the proprietor of the center written notice of the intention to revoke such certificate. The proprietor shall have ten (10) days from receipt of such notice to make written application to the chief of police for a hearing on such revocation.

(d)

Paragraphs (5), (6) and (7) of subsection (b) of this section shall not be required of any center operating lawfully prior to the effective date of the ordinance from which this section is derived and paragraphs (3) and (7) of subsection (b) of this section shall not apply to a center that is operating legally for a charitable or religious purpose.

(Ord. No. 1758; Ord. No. 2259, § 2; Code 1961, § 25-33.2)

Sec. 5-9. - Permit for amusement houses, fun houses, kiddie houses, etc.

No person shall conduct or operate any houses commonly known as haunted houses, fun houses, kiddie houses, amusement houses or other like houses or places in the city, without having first obtained a permit therefor from the chief of police. If upon investigation, the chief of police is satisfied that the location of the house or place will not be detrimental to the health, safety and welfare of the inhabitants of this city, and that there has been compliance with other applicable provisions of this Code, the chief of police shall, upon the payment of a fee of three dollars ($3.00), issue such permit. Any permit issued hereunder shall expire one (1) year from the date of issuance, which shall be reflected on the permit. The permit shall not be transferable.

(Ord. No. 1712, § 1; Code 1961, § 25-56.1)

Secs. 5-10—5-19. - Reserved.