Loading...
HomeMy WebLinkAboutOrdinances (O-74-157)-03/05/1974 CITY OF COLLEYVILLE . MAR-3D-II 2 1 Z Z 4 TARRANT COUNTY O,R~I.Mry~ r'N~O~ 0._74-157' VOL U(..JV~. dd tj-J3 VOLUME LS - WO 1J/ .PAGE it/! 65G ~tl! AN ORDINANCE DEFINING POOL HALLS AND PROVIDING FOR THE REGULATION AND LICENSING THEREOF; PRO- HIBITING THE OPERATION OF UNLICENSED POOL HALLS; PROV ID ING FOR A TAX ON BILLIARD OR POOL TAB LES; PRESCRIBING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES REGU- LATING POOL HALLS; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXA S : SECTION I DEFINITIONS: (a) Pool Hall ___ The term "pool hall", as used herein, shall mean and include any room, hall, building or place in which there is located ~anypool or billiard table or tables for the use of which a fee or charge is made, either directly or indirectly, and which place is operated for profit or gain of any kind. --- (b) Billiard or Pool Table --- The term "billiard or pool table", as used herein, shall mean and include any table surrounded by a ledge or cushion with or without pockets, upon which balls are impe lled by a stick or cue. SECTION II LICENSE REQUIREMENTS. It shall be unlawful for any person to operate a pool hall, as herein defined, within the corporate limits of the City unless the pool hall has first been licensed for such purpose. The license shall be issued by the Assessor and Collector of Taxes when the conditions of this ordinance have been complied with and when application for license has been approved by the Chief of Police or the City Council of the Cit y . SECTION III APPLICATION FOR LICENSE; INFORMATION TO BE SHOWN. Any person desiring a':'-licanse to operate a pool hall, as herein defined, shall file with the Chief of Police a written appli- cation for such license, duly verified under oath, which appli- cation shall contain the following information: ,- , I 0-74 -/57 6(':{i') 5:'4 VOL (~U'''' ;)'\~F. ~J VOLUME ~r JI1 PAGEJiL (a) The location by street and number of the place which is to be used for such purpose; the size thereof; the number of pool or billiard tables proposed to be used; and the name and address of the applicant; (b) If the applicant is an individual a statement that he is a bona f ide resident of the city and the State; the length of such residence therein; whether or not he has ever been convicted of a felony or misdemeanor, and, if so, the nature of the offense, and in this connection he may be required to submit to fingerprinting by the Police Department of the City. (c) If the applicant is a firm, association or partnership, all of the information prescribed in paragraph (b) of this section shall apply to each individual composing the firm, association or partnership; /- (d) If the applicant is a corporation, a statement that the applicant is organized and chartered under the laws of the State of Texas, or is a foreign corporation, that such corporation is licensed to do business in the State of Texas and the same information with reference to the operator or person in charge of such pool hall shall be given as prescribed in paragraph (b) of this section; in addition thereto a list of the officers, directors and stockholders of such corporation shall be given; (e) Occupat ion or employment of the applicant for a period of five (5) years next preceding the filing of his application. SECTION IV MISREPRESENTATIONS IN APPLICATION. It shall be unlawful to misrepresent the kind and character of the pool hall to be operated or any other fact or statement made in such applica- tion. Any misrepresentation of any applicant for the purpose of avoiding the provisions of this ordinance shall, in addition to the other penalties prescrioed by law, be cause for the revocation or denial of the license as provided hereafter. /- PAGE TWO O,7'/-ISl vor, U1fE; ]]J"r-' . ,".. ~ / //l L'}\i...rL;' ;}U '- INFORMATION TO BE SHOWN ON FACE OF LICENSE; POSTING. The license herein provided for shall state on its face to whom it is issued, the expiration date, the address and location of such pool hall and the number of pool tables permitted. It shall be signed and sealed by the Assessor and Collector of Taxes and posted by the licensee in a conspiouous plaoe at or near the entrance to such pool hall in suoh a plaoe and position that it may be easily read at any time. G;')Q" 5"- -V.f~_ ", Po ,/' .,~ r>r .~! ..~ SECTluN ~ '. [/hi' 'JU SECTION VI DURATION OF LICENSE; PROBATION OF FEE; NO REFUND ALLOWED. All lioenses issued under this ordinanoe shall expire on Deoember 31 of eaoh year, and shall be renewable annually. The fee for any lioense issued after January 1 of any year shall be prorated on the basis of theeffeotive duration of the lioense. There shall be no refund of any lioense fee paid hereunder for any cause whatsoever. SECTION VII LICENSE FEE AND OCCUPATION TAX. From every person owning and operating for profit and every firm, assooiation of persons, oorporation and every other organization, save and except religious, oharitable or educational organizations, authorized under the laws of the State of Texas, owning and operating any billiard or pool table, by whatever name called, and where the player thereon does not or is not required to make a coin deposit oausing an eleotrioal oonneotion of any nature or kind before suoh game may be aotually commenced, there shall be collected an annual tax of Two and 50/100 ($2.50) Dollars for each billiard table. SECTION VIII INVESTIGATION OF PREMISES; COMPLIANCE WITH ORDINANCES AND STATE LAW. No license shall be granted under the proviSions of this ordinance unless it shall appear, upon investigation by the Chief of Police and the Building Commissioner, that the premises desired to be used as a pool hall oomply with all ordinances of the City and laws of the State. SECT ION IX RIGHT OF APPEAL WHERE LICENSE REFUSED; HFARING, ErC. In the event the Chief of Police shall refuse to grant a license to any applicant under the proviSions of this ordinance, such applicant shall have the right of appeal to the City Council by giving to the Council, within ten (10) days after refusal, written notice of intention to appeal such refusal and by requesting a hearing by the Council upon the application. In the event of such appeal, a hearing shall be had before, the Council, within thirty (30) days after notice is given, to ,- determine the correctness of the action of the Chief of Police on such application. The determination of the City Council on such appeal shall be final. PAGE THREE D- ?tj-I5"'7 6()Q9 5; '6, VOL /. ,_ r/(r :'.11 ~'I c:-/ SECTION ,..I.' VOLm.ffi 1J.J PAGE~ HOURS OF OPERATION OF POOL HALLS. All pool halls shall close and shall not operate between the hours ot 12:00 midnigt and 7:00 a.m.; provided, however, that on Saturday nights, the hour ot clOSing may be 1:00 a.m. and provided further that such pool halls shall remain closed between 1:00 a.m. and 1:00 p.m. on Sundays. SECTION XI AGE RESTRICTIONS. It shall be unlawtul for the operator or operators of any pool hall to permit persons under the age of seventeen (17) years to engage in or play pool, billiards or other games on the premises ot such pool hall unless such persons under the age ot seventeen (17) years shall be accom- panied by a parent or guardlan or shall have obtalned wrltten and Signed permlsslon to play from a parent or guardlan. It shall be unlawtul tor the operator or operators of any pool hall to allow any persons attendlng elementary, junlor hlgh or senlor high school to engage ln or play pool, billiards or other games on the premlses ot such pool hall before 4:00 p.m., except durlng offlcial school ho11days. S&:TION XII GAMBLING. The operator or operators of a pool hall shall not permit gambling, bettlng or wagering of any kind or character to take place on the premlses of such pool hall. SECTION XIII PROSTITUTES, VAGRANTS, ErC. It shall be unlawful for the operator ot a pool hall to permlt any prostltute, male or female procurer or vagrant to be present at such pool hall. SECTION XIV CANCELIATION OF LICENSE, HEARING; RIGHI' OF APP;FAL. If any licensee under the provlsions of thls ordlnance violates the provlslons of this or other ordlnanoes of the Clty or laws of the State, the Chlef of Police may at any time glve notlce in wrltlng to suoh 11censee or operator of such pool hall of a hearing to be held for the purpose of determinlng if the 11cense should be oancelled, and upon suoh hearlng the Chlef of Pollce may cancel such license for any of the above causes, whlch aotion shall become tlnal at the end of ten (10) days after such hearing. The licensee shall have the right ot appeal to the City Council, within suoh ten (10) day period, and if suoh ap.eal Is taken, then the City Council shall conduct a hearing on such cancellation and may cancel such license for any of the causes so shown, which action shall be final. S&:TION XV ORDINANCE NOT APPLICABLE TO PRIVATE CLUBS, SOCIErIES, ErC. The provlsions ot this ordinance shall not apply to prlvate clubs, sooieties or corporations not operated for prlvate protlt although PAGE FOUR () - 7 tj -ISl 6()02 5 li8 VOL (..;.... P~Gr. '.1 VOLu;JE_1_rAGE /~-2 ~. . .- ~,:. f. ~ a charge 1s made for p'laylng. where, USe,' Qfthe pool or b1ll1ard tables 1s restr1cted to members of the soc1ety. club or corporat1on and the1r 1nv1ted guest. and from wh1ch the general pub11c 1s excluded. SECT I ON XVI , , ~-,' Should any section. clause or prov1s1on o~th1s dra1~ce be declared by a oourt of competent jur1sd1ct1bn to ba-~nv~~d. ..::t~. - the same shall not affect the va11d1ty of th1s: ord1nanG'" as.,.. I whole or any part thereof other than the part so\.deol~ed t~ be 1nva11d. I L t, < I ...;' . SECTION XVII ..<. Th1s ord1nance shall repeal every pr10r o~d{nanoe 1n oonf11ct herew1th. but only 1nsofar as the port1on of suoh pr10r ordinanoe shall be 1n oonflict, and as to all other sect10ns of ordinanoes not in direot oonfliot herewith, this ordinance shall be and 1s hereby made oumulative exoept as to suoh ordinanoes or port1ons thereof as are expressly repealed hereby. SECTION XVIII ,- Any person who violates, d1sobeys, om1ts, neglects or ref,uses to oomply w1th any prov1sion of this ordinance shall be guilty of a m1sdemeanor and ~hall be punished by a fine not to exceed Two Hundred and no/100 ($20,0.00) Dollars. SECTION XIX This ordinanoe shall beoome effective and shall be in full foroe and effect from and after its passage and publicat10n as required by law. .....;'"-",., ENACTED and ADOPrED by the City Counoil of the City of CO,~,~l.Ll.Llee" p. t its regular session on the .s-zA.., Day of ~ . A. D.. 1974. APPROVED ~r:?aL~; J N A. ANDREWS, Mayor Ui .:t C'"' .::<; ::r uJ Q. t: fII't ~ >= Ot- f , 2!E j wZ , -,:J _0 . 0') f u..O ('ot.,I I f- . Z a:: -.( ~ Q: -- 0:: <( l- N Of <;Ollt1~1 t ~ _Oil' _t"" '-'1-- r.".1M~ ' 'IW Aq, UOIJlq pI(welS III sexll 'AJuno:J JueJJ.! JO SOHO::l311 0330 eql 10 alled puelw.lIO^ 1111 U! 030HOO3H , -'lnp S8M pue aw ACI uua,l1lj ~~W~jS aW!1 aLII la pue alBA ,;, IIA UO (I311.:l11M IUbWfIJISUj S!L11 lelll ^J!lJaa .<qaJlq I 1; J J.N'd~~'t1 .:/0 AlNnoo j' l &vX.U .:/0 31't19 "', 6pCJJVd /'{V(""glO^ ., -01 0\ lJ ", " , 'c '~ " '.