(A) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person:
(1) Possesses a license issued pursuant to the provisions of this section; and
(2) Is at least 18 years of age at the time of submitting an application for licensure pursuant to the provisions of this section.
(B) For any person operating a pool hall or billiards hall pursuant to this section, a conditional use permit shall be required and issued pursuant to and in accordance with the provisions of the zoning ordinance.
(C) For the purpose of this section, the terms
POOL HALL and BILLIARDS HALL shall mean any building, structure or tract of land which has at least one use or activity providing any of the following or any combination of any of the following amusements:
(1) Billiards/pool (not coin-operated);
(2) Snooker (not coin-operated);
(3) Bumper pool (not coin-operated);
(4) Table tennis (not coin-operated);
(5) Less than nine arcade games or devices as defined by § 5.404(B).
(D) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating:
(1) The nature of other licensed or proposed business or commercial activity;
(2) The name and date of birth of the licensee or license applicant for such a business;
(3) Whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities;
(4) Whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises.
(E) Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin-operated, and if arcade games are to be utilized, the number of said games.
(F) Applications shall be referred to the Fire Chief and the Building Official for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity.
(G) Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application.
(H) No pool hall licensed under this section shall be located:
(1) Within 300 feet of any school building or church; or
(2) If no alcohol is served at the pool hall or billiards hall, within 200 feet of any school building or church.
(I) (1) Any pool hall or billiards hall operating pursuant to division (H)(2) of this section shall prohibit any person not at least 14 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. Any person not at least 18 years of age shall be prohibited from remaining in the establishment as a patron beyond one-half hour prior to their curfew with notification given by the establishment one hour prior to curfew.
(2) The curfew requirements shall be prominently displayed inside at all entrances and exits to the business and in at least two other locations inside the hall.
(J) (1) The license may be revoked or suspended in accordance with this section whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct:
(a) Fraud, deception or misrepresentation in connection with the securing of a license;
(b) Conduct inimical to the interests of public health, safety and welfare;
(c) Conduct involving moral turpitude;
(d) Conviction of an offense involving moral turpitude by any court of competent jurisdiction;
(e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure.
(2) In addition to the grounds for revocation set forth in subdivision (1) above, it shall be grounds for revocation of the license if the Police Department for the city receives five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool/billiard hall, fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault.
(`77 Code, § 5.402) (Am. Ord. 1286, passed 5-9-94; Am. Ord. 1370, passed 5-11-98) Penalty, see § 5.701