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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BILLIARD TABLE. Any table surrounded by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue.
BREACH OF THE PEACE. Acts that disturb the public order, including, but not limited to, homicide, assault, affray, communication threats, unlawful possession of dangerous or deadly weapons, and discharging firearms.
CONVICTED SEX OFFENDER. A person that has received a rendition of an order by a court imposing a punishment of incarceration, probation or fine for a crime of: aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual assault 65 years or older, aggravated kidnapping (violate/abuse victim sexually), indecency with child sexual - contact, sexual assault, sexual assault of a child, sexual performance of child, prohibited sexual conduct, compelling prostitution, possession/promotion of child pornography, indecency with child - exposure, kidnapping with victim under 17 years of age, unlawful restraint with victim under 17 years of age, aggravated kidnapping (with no sexual intent and victim under 17 years of age), indecent exposure- second conviction, preparatory offense - attempt, conspiracy and solicitation to commit any sexual offense. Also included herein is a conviction involving the violations of any statute from another state regardless of title, that the elements of which meet the above offenses.
CONVICTION. A conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated or pardoned.
EMPLOYEE.
(1) Describes and pertains to any person who performs any service or entertainment upon the premises of a pool hall business, whether or not the person is denominated any employee, independent contractor, agent, or otherwise, and regardless of whether the person paid is paid a salary, wage, or other compensation by the owner or operator of the business.
(2) The term
EMPLOYEE does not include a person exclusively on the premises for any of the following:
(a) The repair or maintenance of the premises;
(b) The delivery of goods to the premises; or
(c) The delivery of services, such as legal, accounting, insurance, or other similar services provided to businesses generally.
JUVENILE. A person under 17 years of age.
KNOWINGLY. With actual knowledge of a specific fact or, with reasonable inquiry, a reasonable person should have known a specific fact.
LICENSEE. Any person holding a pool hall license issued under the provisions of this subchapter.
OPERATOR. Means and includes any person who is both present on and in charge of any pool hall business premises.
OWNER. The legal owner of a pool hall business and includes the following:
(1) The owner of a sole proprietorship;
(2) Each member of a firm, association, LLC or general partnership;
(3) Each general partner in a limited partnership; or
(4) Each officer, director, and owner of 50% or more of the stock of a corporation.
POOL HALL. Any place or establishment which is required by state law to pay an occupation tax to the state for owning and operating one or more billiard tables; and its primary purpose of business is billiards.
PREMISES. The interior of a structure and all exterior areas owned or leased by the permittee.
PUBLIC POOL HALL.
(1) Any pool hall to which admission can be had by payment of a fee or by the purchase, possession or presentation of a ticket or token, or at which a charge is made, or any other pool hall for which the public generally may gain admission with or without the payment of fee.
(2) PUBLIC POOL HALL means any place or area of property operated as open to the public which:
(a) Has music, either live or electronically produced or transmitted;
(b) Has space available for playing pool or pool is permitted whether such pool playing takes place or not; and
(c) Allows admission by payment of a direct or indirect charge, fee, donation, or any form of consideration, or by the purchase, possession, or presentation of a ticket or token.
RESIDENTIAL FACILITY. A detached duplex, triplex, quadraplex, attached or multi-family dwelling, manufactured home, mobile home, group home for up to six clients, boardinghouse, or dormitory. A residential facility specifically excludes any structure that primarily functions as a warehouse or storage structure, regardless of whether an individual is residing within the structure.
(1998 Code, § 14-111) (Ord. 13-17, passed 6-19-2013)
It shall be unlawful for any person to operate a pool hall at any time during the hours a person may be permitted to sell alcoholic beverages, if such person holds a retail dealer’s on-premises late hours license, as authorized by the Alcoholic Beverage Code, as amended whether the pool hall sells alcoholic beverages or not.
(1998 Code, § 14-112) (Ord. 13-17, passed 6-19-2013) Penalty, see § 118.999
It shall be unlawful for any person to operate a pool hall in the city without first obtaining a license therefor from the Chief of Police or his or her designee.
(1998 Code, § 14-131) (Ord. 13-17, passed 6-19-2013) Penalty, see § 118.999
Each application for a license to operate a pool hall shall contain the following information:
(A) The name, address and telephone number of the applicant;
(B) Location of the proposed pool hall;
(C) Number of persons to be employed by the applicant, if any, and the nature of the employment;
(D) Whether the applicant has ever been charged with or convicted of a felony involving moral turpitude, any violation of the liquor laws, or any offense involving lewd or indecent conduct or narcotics, or any other misdemeanor, other than traffic violations and full information concerning the conviction;
(E) A statement that any violations of state law, this code or city ordinances which may occur at the establishment will be reported promptly to the Police Department; and
(F) A statement that no person will be allowed to work or perform duties at the establishment who has been convicted of a crime involving moral turpitude or any offense involving immoral acts, lewd or indecent conduct or narcotics.
(1998 Code, § 14-133)
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