(A) Billiard, pool rooms
(1) A billiard or pool hall shall be a commercial establishment containing two (2) or more billiard or pool tables which are utilized by a customer for a fee.
(2) License fee. $200 per year
Table fee. $ 25 per table per year
(3) An application for a billiard room license shall be in the following form and submitted to the city clerk.
"I, _______________, hereby make an application for licenses to conduct a pool room business in the City of Berea, Kentucky, for and during the year beginning January 1, ____ and ending December 31, ____, or annually thereafter.
"I propose to use (number of tables) in the operation of business, located at (street and number) in Berea, Kentucky.
"In consideration of the City of Berea granting this license, I hereby agree that I will not permit any person under the influence of intoxicating liquor or beverage, or any controlled substance not prescribed by a physician, to loaf or loiter in my place of business or premises; I will not permit the sale or drinking of any intoxicating liquor or beverages, or the consumption of any controlled substance not prescribed by a physician, in my place of business or on my premises.
"I further agree that my place of business or premises may be inspected at any time by any police officer of the City of Berea without a search warrant.
"This application shall be a part of the license contract, and any violation of any of the provisions herein shall be sufficient cause for revocation of my license."
(4) Upon receiving an application for a license to conduct a billiard or pool room, the city shall consider the application. The city may take testimony from persons, including the applicant, who wish to offer evidence concerning the operation of such a business. The city may consider the character of the applicant, the past record of the applicant in operating the same or related businesses, the condition of the premises and the expected effect upon the safety, health and morals of the community at large. The city shall recommend whether the license shall be granted or denied based upon its findings and shall act upon the recommendation.
(5) Once granted, a license to operate a billiard or pool room shall not be transferable by the applicant.
(6) A license for the operation of a billiard or pool room shall be effective for one year beginning on January 1 and expiring on December 31. The city may, during the effective period of a license granted hereunder, revoke the license for good cause. Upon a proper showing, the city may delegate authority to hold a hearing on whether the license should be revoked. At the hearing, the city shall take testimony from interested persons, including the licensee, and may revoke the license upon a finding of any or all of the following:
(a) That the licensee is not complying with any applicable federal, state or local statute or regulation;
(b) That the licensee has, in the operation of the business, violated the criminal law in any manner;
(c) That the operation of the business constitutes a nuisance under the common law or under the statutes of the Commonwealth of Kentucky or the ordinances of the city; or
(d) That the operation of the business is detrimental to the safety, health or morals of the community at large.
(B) Carnival and circus
(1) License fee $300 per week
(2) The license fee shall be assessed against any carnival or circus within the city limits.
(3) Before any license is issued, the applicant shall furnish an affidavit stating that all rides or mechanical devices upon which passengers are carried have been inspected within ninety (90) days of the date of application and found to be safe.
(4) Before any license is issued, the applicant shall furnish proof of insurance covering personal injury to any patron of the carnival in an amount not less than one million ($1,000,000) dollars per occurrence.
(C) Loan companies involved in note buying, lending money on assignment of salaries, wages due or to become due on chattels, or other notes
(1) License Fee $350.00 per year
(2) The license fee established in this subdivision shall not apply to any financial institution which is exempt from city taxation under KRS 92.300(2).
(D) Pawnbrokers
(1) Any person within the city who loans money on deposits of personal property or deals in the purchase or possession of personal property on condition of selling the same back to the pledgor or depositor, or who loans or advances money on personal property by taking chattel mortgage security thereon and takes or receives the personal property into his possession, is hereby declared to be a pawnbroker.
(2) License Fee $250.00 per year
(E) Peddlers
(1) License Fee $ 25.00 per year
$ 10.00 per day
(2) The license fee provided herein for peddlers may be waived by the mayor, on a written request to the mayor, that an event of charitable, civic, or education significance is occurring and that as a part of the event there will be event-related items and services sold by merchants which are necessary and connected to the event, and upon the mayor's certification of same and that the public interest shall be served by a waiver.
(F) Non-resident sales and delivery including parcels, mail, money, etc
(1) License Fee $ 50.00 per year
(2) Excluded from payment of the license fee under this subsection is the federal post office and its employees.
(3) Any trucks or vehicles exempted by Kentucky Revised Statutes or operated by any farmer for transportation of the products of his farm or land, and/or any licensed business calling or making deliveries to the customers of the licensed business shall be exempt.
(G) Solicitors
(1) The term solicitor shall be deemed to mean and include any person who goes from house to house or from place to place selling or taking orders for or offering to sell or take orders for books, magazines, cleaning supplies, and the like.
(2) License Fee $100.00 per year
$ 10.00 per day
(H) Vending machines
(1) The term vending machines shall apply to any lawful coin or token-operated machine or device which contains no element of chance and which as a result of depositing a coin, token or other object automatically by or through some mechanical operation affords music or amusement of some character with or without vending any merchandise, but in addition to any such merchandise. Such coin-operated amusement and vending machine shall not include any bona fide merchandise vending machine in which there is incorporated no amusement features.
(2) License Fee $ 10.00 per machine per year
(3) Vending machines operated by a bona fide non-profit organization shall be exempt from this fee.
(Ord. No. 21.90, 10-16-90; Am. Ord. No. 18-97, 9-16-97; Amd. Ord. No. 15-08, 7-1-08; Amd. Ord. No. 08-14, § 1, 4-15-14)