Section
Pool, Billiards and Similar Amusements
112.01 License from Board of Commissioners required
112.02 Board of Commissioners; discretion in issuance of license
112.03 Application for license; contents
112.04 Licenses nontransferable
112.05 Applications to be accompanied by fee
112.06 Opening and closing hours
112.07 Unlawful for certain persons to enter
112.08 Betting prohibited
112.09 Acts prohibited to licensees and employees
112.10 Revocation of license
112.99 Penalty
POOL, BILLIARDS AND SIMILAR AMUSEMENTS
No person shall maintain or operate any pool or billiard table, bowling alley, amusement center or any other table or alley for any game or play, for which a charge is directly or indirectly made, without a license therefor issued by the Board of Commissioners, it being the intent of the section that the tables, alleys and amusement centers, except those in private homes, shall not be operated unless licensed by the Board of Commissioners.
(1985 Code, § 112.01) Penalty, see § 112.99
Statutory reference:
Authority to license billiard and pool tables, see G.S. § 160A-194
The Board of Commissioners shall have the sole power, in its discretion, to determine the fitness and qualifications of an applicant for a license. The Board of Commissioners shall inquire into the character of the applicant and the location, general appearance and type of place or business proposed by the applicant as set forth more particularly in § 112.03 below. The Board may, after a hearing, of which reasonable notice shall be given the licensee as the Board may direct, deny the license application.
(1985 Code, § 112.02)
(A) Each applicant seeking a license to operate an establishment described in § 112.01 above shall make a written application to the Board of Commissioners on the appropriate form approved by the Board of Commissioners and shall be filed with the Town Clerk. The application shall include, but shall not be limited to, the following information and the applicant shall state under oath therein:
(1) The name, Social Security number and address of the applicant and the length of the applicant’s residence in the state;
(2) The particular place for which the license is desired, designating the same by street and number if practicable; if not, by other apt description as definitely locates it;
(3) The name of the owner of the premises upon which the proposed business is to be carried on, and, if the owner is not the applicant, that the applicant is the actual and bona fide lessee of the premises;
(4) That the place or building in which the applicant proposes to do business conforms to all health and fire regulations applicable thereto, and is a safe and proper place or building;
(5) That the applicant intends to carry on the business authorized by the license for himself or herself or under his or her immediate supervision and direction;
(6) That the applicant is not less than 21 years of age;
(7) The place of birth of the applicant and, if a naturalized citizen, when and where naturalized;
(8) That the applicant has not been convicted of, or entered a plea of guilty or nolo contendere to, a felony or other crime involving moral turpitude within the past three years. It shall be within the discretion of the Board of Commissioners, after making investigation, to determine whether any person who has ever been convicted of, or entered a plea of guilty or nolo contendere to a felony shall be deemed a suitable person to receive and hold a like license;
(9) That the applicant has not during the three years next preceding the date of the application had any business or privilege license or permit issued to him or her or any kind revoked or suspended. It shall be within the discretion of the Board of Commissioners, after investigation, to determine whether one who has experienced the revocation or suspension of a business or privilege license or permit shall be deemed a suitable person to receive and hold a like license;
(10) If the applicant is an unincorporated association, joint venture or partnership, the application shall state the matters required in divisions (A)(6), (7), (8) and (9) above, with respect to each of the members thereof; and
(11) If the applicant is a corporation, organized or authorized to do business in this state, the application shall state the matters required in divisions (A)(7), (8) and (9) above with respect to each of the officers and directors thereof, and any stockholder owning more than 25% of the stock of the corporation, and the person who shall conduct or manage the licensed premises for the corporation.
(B) The application must be verified by the affidavit of the applicant before a notary public or other person authorized to administer oaths. If the Board of Commissioners, in its discretion, determines that the applicant fails to qualify for the license, or if any false statement is knowingly made in any application, the applicant shall be denied a license after a hearing of which reasonable notice shall be given the licensee as the Board may direct. If a license is issued pursuant to any application containing a false statement knowingly made, it shall be revoked in accordance with § 112.10 below. In addition to the information furnished in any application, the Town Manager shall at the request of the Board of Commissioners make additional and independent investigation of each applicant and of the place to be occupied.
(1985 Code, § 112.03)
Licenses issued by the Board of Commissioners pursuant to § 112.03 above may not be transferred. If the licensee wishes to transfer control or management, ownership or responsibility for the licensed establishment to another, the transferee must apply for and receive a license before commencing operation of the establishment.
(1985 Code, § 112.04) Penalty, see § 112.99
Applications shall be accompanied by the license tax required by Chapter 110 above.
(1985 Code, § 112.05)
(A) No licensee and no employee of any licensee shall open, or allow to remain open, any hall or room operated under § 112.01 above, before 6:00 a.m. or after 12:00 a.m., or at any time on Sunday.
(B) This section shall also apply to the use and operation of pool, pocket-billiards, billiard and bagatelle tables for hire or charge (other than the tax or license thereon) and shall include any person using, or any firm or corporation operating or permitting in their place of business, the operation of one or more like tables, whether the same are of standard size or smaller and whether payment for the use thereof is made by depositing coins in a slot or otherwise.
(1985 Code, § 112.06) Penalty, see § 112.99
No licensee and no employee of any licensee shall:
(A) Suffer or permit the licensed premises to become disorderly;
(B) Suffer or permit any minor to enter or remain in or on the licensed premises, as defined in § 112.07 above; or
(C) Suffer or permit any betting upon the licensed premises, as defined in § 112.08 above.
(1985 Code, § 112.09) Penalty, see § 112.99
(A) A second conviction for a violation of any provision of this subchapter shall automatically act as a revocation of any license.
(B) The Board of Commissioners may, at any other time, for cause, and after a hearing, of which reasonable notice shall be given the licensee as the Board of Commissioners may direct, revoke any license issued hereunder.
(1985 Code, § 112.10)
(A) The violation of any of the provisions of this chapter shall be a misdemeanor and, upon conviction, shall be fined not more than $50, or imprisoned for not more than 30 days. Each and every day that the violation shall occur or continue shall constitute a separate offense.
(B) A conviction for a violation of any provision of this chapter shall constitute a basis for suspension of any license in the discretion of the Board of Commissioners.
(1985 Code, § 112.99)