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HomeMy WebLinkAboutOrdinance 5105 ORDINANCE NO. d /2�Lr AN ORDINANCE DEFINING POOL HALLS AND PROVIDING FOR THE REGULATION AND LICENSING THEREOF; PROHIBITING THE OPERATION OF UNLICENSED POOL HALLS; PROVIDING OFFICIAL RECORD FOR A TAX ON BILLIARD OR POOL TABLES; PRESCRIBING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING A SED- CITY SECRETARY ERABILITY CLAUSE; MAKING '"-SIS ORDINANCE CUMULATIVE OF OTHER ORDIMICES REGULATING POOL HALLS; AND FT. WORTH, I NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF ME CITY OF FORT WDRTH, TEXAS; SECTION I. DEFINITIONS. (a) Pool Hall The term "pool ball," as used herein, shall mean and include any room, hall, building or place in which there is located any pool 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 impelled by a stick or cue. SECTION IT. LICENSE REQ*QTS. 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 City. SECTION III. APPLICATION FOR LICENSE; INFORMATION TO BE SHOWN. Any person de- siring a license to operate a pool hall, as herein defined, shall file with the Chief of P31ice a written application for such license, duly verified under oath, which application shall contain the following infoma- tion: (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 fide 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 as 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 if a foreign corporation, that such corporation is licensed to do business in the State of Texas, and the same information with reference to the oper- ator 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 stock- holders of such corporation shall be given; (e) Occupation or employment of the applicant for a period of five years next preceding the filing of his applica- tion. F.FPTION IV. MISREPRESEMATIONS 1-4 APPLICATION. It shall be unlawful to misrepre- sent the kind and character of the pool hall to be operated or any other fact or statement made in such application. Any misrepresentation of any applicant for the purpose of avoiding the provisions of this ordinance shall, in addition to the other penalties proscribed by law, be cause for the revo- cation or denial of the license as provided hereafter. SECTION V. 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 conspicu- ous place at or near the entrance to such pool hall in such a place and position that it may be easily read at any time. SECTION VI. DURATION OF LICENSE; PRORATION OF FEE; NO REFUND ALLOWED. All licenses issued under this ordinance shall expire on December 31 of each year, and shall be renewable annually. The fee for any license issued — after January l.of any year shall be prorated on the basis of the effective duration of the license. There shall be no refund of any license fee paid hereunder for any cause whatsoever. SECTION VII. LICENSE FEE AND OCCUPATION TAX. From every person owning and operat- ing for profit and every firm, association of persons, corporation and every other organization, save and except religious, charitable 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 causing an electrical connection of any nature or kind before such game may be actually commenced, there shall be collected an annual tax of Two and 50/100 Dollars ($2.50) 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 comply with all ordinances of the City and laws of the State. SECTION IX. RIGHT OF APPEAL WHERE LICENSE REFUSED; HEARING, ETC. 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) day7, 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. SECTION X. HOURS OF OPERATION OF POOL HALLS. All pool halls shall close and shall not operate between the hours of 12:00 Midnight and 7:00 A. M.; provided, however, that on Saturday nights, the hour of 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 Xh. AGE RESTRICTIOYS. It shaLl be unlawful for the operator or operators of ,any pool hall to pe:tmi.t persons under the age of seventeen years to engage in or play pool, billiards, or other games on the premises of such pool hall unless such persons under the age of seventeen years shall be accompanied by a parent or guardian or shall have obtained written and signed permission to play from a parent or guardian. It shall be unlaw- ful for the operator or operators of any pool hall to allow any persons attending elementary, jinni,r high or senior high school to engage in or play pool, billiards or of_ner games on the premises of such pool hall before 4:00 P.M., (except during official school holidays. SECTION XII. GAMBLING. The operator of operators of a pool hall shall not permit gambling, betting, or wagering of any kind or character to take place on the premises of such pool hall. SECTION XIII. PROSTITMES, VAGRANTS, ETC. It shall be unlawful for the operator of a pool hall to permit any prostitute, male or female procurer or vagrant to be present at such pool hall. SECTION XIV. CANCELLATION OF LICENSE; HEARING; RIGHT OF APPEAL. If any licensee under the provisions of this ordinance violates the provisions of this or other ordinances of the city or laws of the State, the Chief of Police may at any time give notice in writing to such licensee or operator of such pool hall of a hearing to be held for -the purpose of determining if the license should be cancelled, and upon alich hearing the Chief of Police may cancel such license for any of the above causes, which action shall become final at the end of ten (10) days after such hearing. The licensee shall have the right of appeal to the City Council, within such ten-day period, and if such appeal 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. SECTION XV. ORDINANCE NOT APPLICABLE TO PRIVATE CLUBS, SOCIETIES, ETC. The provisions of this ordinance shall not apply to private clubs, societies, or corporations not operated for private profit although a charge is made for playing, where use of the pool or billiard tables is restricted to the members of the society, club or corporation and their invited guests, and from which the general public is excluded. SFCZ'In?, XVI. Should any section, ilause or pro,,ision of this ordinance be declared by a court of competent. jux-Isdietion to be invalid, the same shall not affect the validity of this ordinance as a whole or any part thereof other than the part so declared to be invalid. SFf`TION XVII. This ordinance shall repeal every prior ordinance in conflict here- with, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of ordinances not in direct conflict herewith, this ordinance shall be and is hereby made cumulative a s except as to such ordinances or portions thereof as are expressly repealed hereby. SECTION XVIII. Any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this ordinance shall be guilty of a misde- meanor and shall be punished by a fine not to exceed Two Hundred and No/lOO Dollars ($200.00). SECTION XIX. This ordinance shall became effective and shall be in full force and effect from and after its passage and publication as required by law. APPROVED AS TO FORM AND LEG&LITY: s6:-, Fe 1w d4,t 4Z City of Fort Worth, Texas Mayor and Council Communication I ATE REFERENCE SUBJECT: Ordinance Regulating Pool Halls PAGE-7 1/27 NUMBG-604 ER and Billiard Parlors I 'J64 State legislation prohibiting pool halls and billiard parlors was repealed at the last session of the State Legislature and a new statute authorizing cities to regulate or prohibit these businesses has been enacted. Inasmuch as there is no present City ordinance which regulates or provides for the operation of pool halls and billiard parlors, a draft ordinance ,regulating these concerns has been prepared by the City Legal Department. A copy of the proposed ordi- nance is attached. Meetings have been held by the Police Chief with the Pool Hall Owners Associ- ation,, ssoci- ation, coriciftning the draft'.ordinance'-4nd the views of-that'grganizatiotl have been carefully considered. City Council consideration and action on the proposed ordinance is requested. JLB:GA attach OFFICIAL RECORD CITY SECRETARY FT. WORTH, TEX. SUBMITTED BY: DISPOSITION ,P COUNCIL: PROCE D BY [APPROVED �ER (DESCRIBE) / 07A / SECRETARY DATE CITY MANAGER �- 7 0fie