(a) Upon annual review where it is found that a billiard parlor is being operated in violation of the terms of its permit or this chapter, upon receipt by the Director of Public Safety of information that three or more criminal investigations, charges or valid complaints have been made within any six-month period relating to the operation of a billiard parlor, or upon a determination by the Director of Public Safety that the billiard parlor otherwise presents a danger to the public health, safety and welfare, the Director of Public Safety shall set a hearing to consider the suspension or revocation of a billiard parlor permit before a committee consisting of the Mayor, the Chief of Police and the Director of Public Safety.
(b) The permit holder shall be notified at least ten days before the hearing by personal service or by leaving a copy at the billiard parlor premises. The permit holder shall be permitted to give testimony at the hearing.
(c) Upon a finding by any two of the three members of the committee that the premises are not safe and adequate for the operation of a billiard parlor, that the premises do not comply with Federal, State or local laws, that the operation of the billiard parlor adversely affects the surrounding businesses and neighborhood, that the operator of the billiard parlor has not complied with the terms of the application, the permit or this chapter, or that the operation of the billiard parlor in any other way presents a danger to the public health, safety or welfare, the billiard parlor permit shall be suspended or revoked as follows:
(1) Upon a first finding, a suspension of no less than thirty days nor more than sixty days shall be imposed.
(2) Upon a second finding, a suspension of no less than ninety nor more than 120 days shall be imposed.
(3) Upon a third finding, the billiard parlor permit shall be permanently revoked.
(d) No person or organization whose billiard parlor permit has been suspended or revoked shall fail, refuse or neglect to surrender the billiard parlor permit to the Director of Public Safety or to any police officer demanding it on the Director's behalf.
(e) The former holder of a billiard parlor permit that has been revoked pursuant to this section shall not, directly or indirectly, individually, or in association with any other, either as principal, agent, owner, shareholder, officer, director, partner, employee, investor or in any other capacity, apply for another billiard parlor permit except upon written recommendation from the Director of Public Safety and the Mayor and upon the affirmative vote of at least two-thirds of the members of Council.
(Ord. 65-92. Passed 6-8-92.)