§ 112.01 LICENSING OF RECREATIONAL ESTABLISHMENTS.
   (A)   No person shall operate a billiard table, card table, pool table, pinball or electronic game device at any place of public accommodation within the town prior to applying to the Clerk-Treasurer for a license for the same. The applicant for the license shall state the name of the person to be licensed; his or her residence; whether he or she has been convicted of any felony or misdemeanor; his or her previous occupation for the past five years; the number of tables for billiards, pool, cards, pinball or electronic game devices he or she anticipates installing in the town location; and the location of the same. The Clerk-Treasurer shall submit the application to the Clerk-Treasurer shall issue a license for the operation of billiard, pool or card tables, pinball or electronic game devices.
   (B)   No pool table, billiard table, card table, pinball or electronic game device for which a license to operate is procured shall be operated in violation of town law.
   (C)   No licensee operating pool or billiard tables, card tables, pinball or electronic game devices shall operate said pool tables, billiard tables, card tables, pinball or electronic game devices in a secret or concealed room or rooms. The room shall be open at all times to the public, and all the above listed devices must be visible at all times. The room where the pool tables, billiard tables, card tables, pinball or electronic game devices are located must be emptied of all personnel, including owners or operators, 30 minutes after closing time.
   (D)   Every licensee who obtains a license to operate or maintain pool tables, billiard tables, card tables, pinball or electronic game devices, for the purpose of providing or permitting entertainment to persons under 18 years of age must set and abide by the closing time of at least 30 minutes before curfew as defined by state law and the code, or as directed by the Town Marshal, or other county or state police agencies.
   (E)   No person shall keep and exhibit to be played upon for hire or gain, any pool table, billiard table, card table, pinball or electronic game device within the town, without having first raving obtained a license to do so from the town as herein provided.
   (F)   All licenses issued in accordance with this section shall be valid for the period from January 1 to December 31 of the following year. Renewal fees shall be due and payable to the town on or before December 31 of each year. Persons receiving permits issued on or after July 1 shall pay one-half of the license fee.
   (G)   License permit fee shall be assessed as follows:
      (1)   Each pool or billiard table: $25;
      (2)   Each pinball or other mechanical electronic device for entertainment: $25; and
      (3)   Each card table: $25.
   (H)   Each licensee under this section agrees to allow inspection of his or her premises at any time by the Town Police Department. The failure of said licensee to provide a valid permit for each license category, as set forth in division (G) above shall subject said licensee to immediate revocation of all permits held by said licensee.
   (I)   A license issued under this section my be revoked upon conviction of the license holder of maintaining a disorderly, indecent or improper place, permitting gambling in any form or the unlawful possession or sale of alcoholic beverages or controlled substance on the premises. The license holder shall receive written notice, stating that a hearing shall be held no sooner than ten days following the mailing of the notice to determine if the license should be revoked for the violation of this section or as a public nuisance. The Council may instruct the Town Attorney to bring injunction proceedings to compel the enforcement of this section. This section does not apply to benevolent or fraternal organization which owns, keeps, maintains billiard pool or card tables, for use by its own members and not for hire.
(Ord. 2000-1, passed 2-15-2000) Penalty, see § 112.99