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(a) The chief of police shall issue a license to an applicant within 30 days after receipt of an application unless the chief finds one or more of the following to be true:
(1) An applicant is under 18 years of age.
(2) Reserved.
(3) An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant’s spouse.
(4) Reserved.
(5) An applicant is physically or mentally incapacitated to an extent that the applicant cannot operate a billiard hall.
(6) An applicant has failed to answer or has falsely answered a question or request for information on the application form provided.
(7) An applicant or an applicant’s spouse has been convicted of a violation of a provision of this chapter within two years immediately preceding the application. The fact that a conviction is being appealed has no effect.
(8) An applicant is residing with a person who has been denied a license by the city to operate a billiard hall within the preceding 12 months, or residing with a person whose license to operate a billiard hall has been revoked within the preceding 12 months.
(9) An applicant’s premises have not been approved by the department of code compliance, the fire department, and the building official.
(10) The license fee required by this chapter has not been paid.
(11) An applicant or an applicant’s spouse has been convicted of:
(A) a felony; or
(B) a misdemeanor involving an offense of:
(i) prostitution;
(ii) promotion of prostitution;
(iii) public lewdness;
(iv) gambling;
(v) violation of the Texas Controlled Substances and Dangerous Drugs Act; or
(vi) unlawfully carrying a weapon;
and five years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed has no effect.
(12) An applicant has been employed in a billiard hall in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a billiard hall premises in a peaceful and law-abiding manner.
(13) An applicant has been operating the proposed business as a billiard hall without a valid license issued under this chapter.
(b) The license, if granted, must state on its face the name of the person to whom it is granted, the expiration date, and the address of the billiard hall. The license must be posted in a conspicuous place at or near the entrance to the billiard hall so that it may be easily read at any time. (Ord. Nos. 15222; 16066; 22026; 25424; 27697)
(a) A person commits an offense if he operates a billiard hall between the hours of 2:00 a.m. and 7:00 a.m., Monday through Saturday, and between the hours of 2:00 a.m. and 12 noon on Sunday, unless authority to operate on a 24 hour basis has been granted by the chief of police and the letter so stating is displayed in a conspicuous place at or near the entrance to the billiard hall.
(b) A person who holds a billiard hall license may apply to operate 24 hours each day. Authority to operate 24 hours each day shall not be granted if the sale or service of alcoholic beverages on the billiard hall premises provides more than 50 percent of the gross revenue derived from all business activities conducted on the premises. Approval to operate on a 24 hour basis will be by a letter signed by the chief of police or his designated representative, and will show the name of the license holder and the address of the billiard hall. The letter will be displayed in the same location and manner as the billiard hall license and shall be valid for the same period of time as the billiard hall license. (Ord. 15552)
(a) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 9A-2. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date the expiration of the license will not be affected.
(b) When the chief of police denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial unless the chief of police finds that the basis for denial of the renewal license has been corrected or abated, in which case the applicant may be granted a license if at least 90 days have elapsed since the date denial became effective. (Ord. 15552)
The chief of police shall suspend a license for a period not exceeding 30 days if he determines that a licensee or an employee of a licensee has:
(2) engaged in excessive use of alcoholic beverages while on the billiard hall premises;
(3) refused to allow an inspection of the billiard hall premises as authorized by this chapter;
(4) knowingly permitted gambling by any person on the billiard hall premises;
(5) knowingly permitted an intoxicated person to remain on the premises; or
(6) demonstrated inability to operate or manage a billiard hall premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers. (Ord. 15552)
(a) The chief of police shall revoke a license if a cause of suspension in Section 9A-7 occurs and the license has been suspended within the preceding 12 months.
(b) The chief of police shall revoke a license upon determining that:
(1) a licensee has given false or misleading information in the material submitted to the chief of police during the application process;
(2) a licensee or an employee is unable to lawfully operate the billiard hall because of physical or mental impairment;
(3) a licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(4) a licensee or an employee has knowingly allowed prostitution on the premises;
(5) a licensee or an employee knowingly permitted a customer to play billiards during a period of time when the billiard hall license was suspended; or
(6) a licensee has been convicted of:
(A) a felony; or
(B) a misdemeanor involving an offense of:
(i) prostitution;
(ii) promotion of prostitution;
(iii) public lewdness;
(iv) gambling;
(v) violation of the Texas Controlled Substances and Dangerous Drugs Act; or
(vi) unlawfully carrying a weapon;
and five years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed has no effect.
(c) When the chief of police revokes a license, the revocation will continue for one year and the licensee may not be issued a billiard hall license for one year from the date revocation became final. If, subsequent to revocation, the chief of police finds that the basis for the revocation action has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became final. If the license was revoked under Subsection (b)(6), an applicant may not apply for or be granted another license until the appropriate number of years required under that subsection have elapsed. (Ord. Nos. 15552; 16066; 25424)
If the chief of police denies the issuance of a license, or suspends or revokes a license, or denies authority to operate on a 24 hour basis, he shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of his action and the right to an appeal. The aggrieved party may appeal the decision of the chief of police to a permit and license appeal board in accordance with Section 2-96 of this code. The filing of an appeal stays the action of the chief of police in suspending or revoking a license until the permit and license appeal board makes a final decision. (Ord. Nos. 15552; 16066; 18200)
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