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(a) Required. No person or organization may own or operate a billiard parlor in the City for patrons of all ages except upon proper application and issuance of a billiard parlor permit in accordance with this chapter.
(b) Application and Fees. An original application for a billiard parlor permit shall be made to the Director of Public Safety upon forms prescribed by the Director, accompanied by a nonrefundable application fee of twenty dollars ($20.00).
(c) Issuance. Before a permit is issued upon an original application, the Director of Public Safety shall refer the application to the Mayor, the Chief of Police, the Chief of the Division of Fire and the Building Inspector for comments, which shall be returned to the Director of Public Safety within ten days. Thereafter, the Director of Public Safety shall issue a permit if he or she finds that:
(1) The premises are safe and adequate for the operation of a billiard parlor.
(2) The premises comply with all of the provisions of the Building and Housing Code and the Planning and Zoning Code of the City.
(3) The operation of a billiard parlor would not adversely affect the surrounding businesses and neighborhood.
(4) The operator has agreed to comply with all applicable Federal, State and local laws and regulations.
(5) The operator has agreed to permit access by the City at all times for the purposes of inspection and examination of the premises.
(6) The operator has agreed to limit hours of operation to those acceptable to the Director of Public Safety.
(7) The operator has acknowledged that the billiard parlor permit may be suspended or revoked upon violation of any provision of this chapter.
(d) Effective Period; Renewals; Annual Reviews. A billiard parlor permit shall be valid for a period of one year and shall be subject to annual renewal and review to determine that the holder of the permit is in compliance with these regulations. No fee shall be charged for annual renewal of the billiard parlor permit.
(e) Display. A billiard parlor permit shall be permanently displayed in the public portion of the premises, and the expiration date shall be plainly visible to the public.
(f) Transferability. A billiard parlor permit may not be transferred from owner to owner, nor shall it be valid to any other assignee or sublessee of the permit holder.
(Ord. 65-92. Passed 6-8-92.)
No person who is the owner or keeper of a billiard parlor where beer or intoxicating liquor is sold or served, or who is the owner or keeper of a billiard or pool table at any other public place where beer or intoxicating liquor is sold or served, shall permit a minor under eighteen years of age to play billiards or pool therein or to be and remain in such room or other public place.
(Ord. 65-92. Passed 6-8-92.)
(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.)