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§ 111.28 GENERAL RESTRICTIONS FOR AMUSEMENT CENTERS.
   (A)   No amusement center nor any coin-operated amusement device or coin-operated musical device therein shall be operated so as to constitute a public nuisance.
   (B)   It shall be the responsibility of the licensee to maintain order on the licensed premises at all times.
   (C)   (1)   It shall be the responsibility of the licensee to see that the licensed premises do not become overcrowded so as to constitute a hazard to the health or safety of persons therein.
      (2)   The Chief of Police may designate the maximum number of persons to be permitted on the licensed premises.
   (D)   The licensee shall provide a full-time adult attendant upon the licensed premises during business hours.
   (E)   It shall be unlawful for any person engaged in the business of operating an amusement center to sell, offer for sale or knowingly permit to be sold or offered for sale or to be dispensed or consumed or knowingly brought on the licensed premises any alcoholic beverages or narcotic drugs or to knowingly allow any illegal activity upon the licensed premises.
   (F)   Every amusement center licensed under this subchapter shall have affixed on its premises in plain view a decalcomania evidencing the issuance of its license and each machine on the licensed premises shall have affixed to it a plate or sticker evidencing its being licensed under this subchapter.
   (G)   The license required and described in this subchapter shall be purely a personal privilege and shall not constitute property. It is not transferable in any manner.
(Prior Code, § 12-26) (Ord. 504, passed - -) Penalty, see § 111.99
POOL HALLS AND BOWLING ALLEYS
§ 111.40 APPLICABILITY.
   This subchapter shall apply to any place where one or more billiard or pool tables or bowling alleys are operated or maintained, except for private family use, whether the place is a social club or a business enterprise operated for profit.
(Prior Code, § 18-1) (Ord. 433, passed - -)
§ 111.41 PROHIBITED PRACTICES.
   It shall be unlawful for any person to whom a license or permit has been granted, or for any employee of the person, in any billiard hall or any appurtenant or connected place:
   (A)   Gambling. To permit any form of gambling, except that charitable gambling licensed by the State of Minnesota;
   (B)   Disorderly conduct and the like. To permit any person to become disorderly, or to use profane, obscene or indecent language;
   (C)   Hours of operation. To keep the billiard hall open, or to operate between 1:00 a.m. and 8:00 a.m.;
   (D)   Sale and the like of narcotics. To sell, possess or knowingly allow any person in the billiard hall to sell or possess narcotics; and/or
   (E)   Presence of minors. To permit any minor to enter into or remain in any billiard hall; provided that, this last provision shall not apply, but all preceding sections shall apply, to any soda fountain, newsstand or other business carried on in connection with, but reasonably separated from, the billiard hall.
(Prior Code, § 18-2) (Ord. 433, passed - -) Penalty, see § 111.99
§ 111.42 VICARIOUS LIABILITY OF LICENSEE.
   The conduct of the agents and employees of a person to whom any license or permit is issued shall be deemed the conduct of the person himself or herself.
(Prior Code, § 18-3) (Ord. 433, passed - -)
§ 111.43 PERMITS AND LICENSES.
   (A)   Required. No billiard hall shall be maintained or operated without permission granted therefor by the City Council, either in the form of a permit or a license.
(Prior Code, § 18-4)
   (B)   Permitting property to be used without license or permit. No person shall permit any real property owned or controlled by him or her to be used as a billiard hall without a license or permit.
(Prior Code, § 18-5)
   (C)   Clubs. Permission of the City Council to operate and maintain billiard and pool tables and bowling alleys in an establishment which is not a business enterprise operated for profit, but is a bona fide club restricting its privileges to those paying a stated membership fee and making no charge proportional to the use of the billiard or pool tables or bowling alleys, may be granted in the form of a permit without any fee. Every provision of this subchapter shall apply to the bona fide clubs to the same extent as to a commercial billiard hall, except as otherwise provided.
(Prior Code, § 18-6)
   (D)   Applications.
      (1)   Applications for the licenses or permits shall be filed with the City Administrator. The owner of the billiard hall or, in the case of a partnership, all of the partners or, in case of a corporation or association, a majority of the board of directors or other governing body and also the person who is to be in charge of the billiard hall, shall sign and swear to the truth of the application. The application shall contain the following information:
         (a)   Names, residences and occupations for the last five years of the owner of the billiard hall or, if owned by a partnership, of the partners, or if owned by a corporation or association, of the executive officers, directors and manager of the billiard hall;
         (b)   Whether any of the persons listed above in answer to division (D)(1)(a) above have been convicted of a felony and, if so, the date and place of the conviction and the offense;
         (c)   Whether any of the persons listed above in answer to division (D)(1)(a) have ever operated or been employed in or connected with a pool or billiard hall or bowling alley in the city or in any other place, and, if so, the name of the place, dates of the connection and whether the license of the hall or alley was revoked during the connection; and
         (d)   Other information as the City Council may require from time to time.
      (2)   Any falsehood in the application, or any wilful omission to state any information called for on the application form, shall render any license or permit issued thereunder void, and of no effect to protect any person from prosecution for violation of this subchapter.
(Prior Code, § 18-7)
   (E)   Factors in decision to issue.
      (1)   No license or permit shall be issued to any person, unless and until the City Council shall be satisfied: The proposed billiard hall complies, as to construction, with all ordinances and laws then in force.
      (2)   Furthermore, the City Council may, for any reasonable cause, refuse to grant a license or permit.
(Prior Code, § 18-8)
   (F)   Issuance; contents; term; transfer; display, destruction and the like.
      (1)   When the proper fee and bond have been deposited with the City Administrator and the City Council has so ordered, the City Administrator shall issue the license or permit.
      (2)   The license or permit shall specify the name of the person to whom granted, the specific place where the billiard hall is to be located and the number of tables or alleys authorized.
      (3)   It shall be effective from the date of issuance to the following January 1.
      (4)   It shall not be transferable.
      (5)   It shall be kept conspicuously posted in the billiard hall to which it applies. No person shall post the license upon premises other than those for which issued, nor deface or destroy any license or permit.
(Prior Code, § 18-9)
   (G)   Fee. In all cases other than those described in division (F) above, a license shall be necessary. The fee for the license shall be at a rate set annually by a resolution of the City Council for each table or each bowling alley for the year. Fees for licenses issued July 1 or later in any calendar year shall be one-half the annual fee.
(Prior Code, § 18-10)
   (H)   Revocation.
      (1)   All licenses and permits granted hereunder shall be revocable for cause at any time, on reasonable hearing prescribed by the City Council.
      (2)   If there shall be two convictions for violation of this subchapter in any billiard hall, whether the violations be by the same or different individuals, and whether of the same or different provisions hereof, the second conviction shall be cause for automatic revocation of the license or permit under which the billiard hall is operating.
      (3)   No refund of fees will be paid on revocation.
(Prior Code, § 18-11)
   (I)   Issuance of duplicates. A duplicate license or permit to replace a lost original or for a different location, upon surrender of the original, may be issued by the City Council at its discretion, under regulations as it may prescribe, and on payment of a fee at a rate set annually by resolution of the City Council.
(Prior Code, § 18-12)
(Ord. 433, passed - -; Ord. 762, passed - -)
§ 111.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
   (B)   Any person who violates or fails to comply with any provision of §§ 111.20 through 111.28 shall be guilty of a misdemeanor and be punishable as defined by law. The penalty may be imposed in addition to revocation or suspension of license. The licensee under §§ 111.20 through 111.28, whether or not he or she is in direct control of a machine described in § 111.20, or the premises upon which the machine is located, may be charged under §§ 111.20 through 111.28 for any violation thereof, by virtue of his or her indirect control of the machine and premises, resulting from his or her being the licensee.
(Prior Code, § 12-27) (Ord. 504, passed - -; Ord. 762, passed - -)