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HomeMy WebLinkAboutORD 09.14.1976 - Billiard or Pool TableW AN ORDINANCE RELATING TO LICENSING, TAXATION, INSPECTION, SUPER- VISION AND REGULATION OF THE OWNING AND OPERATING FOR PROFIT OF ANY BILLIARD OR POOL TABLE, CONTAINING DEFINITIONS, PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL OCCUPATION TAX, WITH CERTAIN EXEMPTIONS; PROVIDING THAT THE OPERATION OF ANY BILLIARD OR POOL HALLS SHALL BE LOCATED ON THE G ROUND FLOOR OR STREET LEVEL ONLY OF ANY BUILDING OR PREMISES; PROHIBINTING THE USE OF PARTITION OBSTRUCTINGTHE VIEW OF ANY PART OF THE PREMISES LICENSED HEREIN AND IN WHICH ANY BILLIARD OR POOL TABLE IS OR ARE DISPLAYED, OWNED OR OPERATED, WITH CERTAIN EXEMPTIONS: PROVIDING FOR THE HOUSE OF OPERATION; PROHIBITING THE SALE, USE OR CONSUMPTION OF ANY ALCHOLIC BEVERAGE OR BEVERAGES IN, ON OR ABOUT THE PRE- MISES IN WHICH ANY BILLIARD OR POOL TABLES IS OR ARE OPERATED FOR PROFIT; PROVIDING FOR THE SUPERVISION AND INSPECTION OF ANY ESTAB- LISHMENT ON THE PREMISES IN OR ON WHICH ANY BILLIARD OR POOL TABLES ARE OWNED AND OPERATED FOR PROFIT; PROVIDING FOR THE ISSUANCE OF A LICENSE AND FIXING THE FEES THEREFOR; PRESCRIBING THE QUALIFICAT- IONS OF LICENSES: PROVIDING FOR THE CANCELLATION OR REVOCATION OF LICENSES ISSUED HEREUNDER: PROVIDING FOR APPEALS UPON CANCELLATION OR REVOCATION OF LICENSES, DESIGNATING THE CITY MANAGER AND THOSE DESIGNATED BY HIM TO MAKE INSPECTIONS: PROVIDING FOR A FINE OF NOT MORE THAN $200.00 UPON CONVICTION OF THE VIOLATION OF ANY PROVISION OR PROVISIONS OF THIS ORDINANCE: PROVIDING A SEVERABILITY CLAUSE: REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE. BE IT ORDAINED BY THE CITY -COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section 1: A billiard or pool table as used in this ordinance is defined as a table, whether coin-operated or not, surrounded by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue. Section 2: A pool hall as used in this ordinance is hereby defined as any building, room, structure or any other place, in which is exhibited for hire, revenue, fees or gain of any kind, any pool or billiard table or tables. Section 3: License: It shall be unlawful for any person, firm, association of persons, corporations anJ every other organization, save and except religious, charitable or educational organizations, authorized under the laws of the State of Texas, to own and operate, for profit, any billiard or pool table or tables as such terms are herein defined, within this City without having first obtained an appropriate license from the City Secretary, as herein provided, which license shall at all times be displayed in some conspicuous place within the licensed place of business. No license, shall be issued to any person except a person of good character approved by the City Council. The City Council may delegate to the City Manager the responsibility of approving applicants. Section 4: License fees: The City Secretary is authorized to collect the following annual license fee for each location on which a billiard or pool table or tables is or are owned and operated for profit, to -wit, the sum of $60.00 for each license issued and a like sum for each renewal thereof. Section 5: Term of Licenses: Any license issued pursuant to this ordinance shall be for one year and shall be non-transferrable. Section 6: Tax: There is hereby levied an annual occupation tax of $2.50 for each billiard or pool table or tables owned and operated for profit within this City by any person, firm, association of persons, corporations and every other organization, save and except religious, charitable and educational organizations authorized under the laws of the State of Texas, and the tax levied herein shall be paid to the Tax Collector of the City who shall issue an occupation tax receipt. Said occupation tax receipt shall specify the number of billiard or pool table or tables forwhich issued; the address of the building or premises in or on which such table or tables are located and shall bear the serial number or numbers, if any, if the particular table or tables. Such occupation tax shall have and bear no re- lation to any license or fees provided herein, said license fee being required to provide proper official supervision and inspection for the premises. Section 7: Hours of Operation: No person may engage in the operation for profit of any billiard or pool table or tables within this City on weekdays except between the hours of 6:00 A.M. to midnight and on Staurday from 6:00 o'clock A.M. to 1:00 o'clock A.M.; provided, however, that such billiard or pool table or tables may be operated on Sundays only between the hours of 1:00 P.M. and 6:00 o'clock P.M. Section 8: Alcoholic Beverages: The sale or use of alcoholic beverage or beverages by anyone in or on the premises licensed hereunder is hereby prohibited. The "premises" shall include the building or buildings and the driveways, sidewalks, parking area adjacent thereto and appurtenances. No person, firm, association or persons, corporations, and any other organizations authorized under the laws of the State of Texas, licensed hereunder, shall knowingly permit the sale, use or consumption of any kind of alcoholic beverages in or upon the permises for which a license has been issued, as provided in this Ordinance. Section 9: Revocation of License: The City Council is hereby authorized and em- powered to rhe or cancel the license of any person, firm, association of persons, corporations, and every other organization authorized under the laws of the State of Texas, licensed to own and operate a billiard or pool table or tables hereunder, after giving such licensee ten days notice of a hearing and after conducting such hearing for the purpose of determining whether such license should be revoked, provided, however, that such power of cancellation or revocation shall be exercised only under the following conditions: (a) For the violation of any of the provisions of this ordinance. (b) For knowlingly permitting the sale, use or consumption of any alcholic beverage or beverages in or unpon the premises licensed hereunder; (c) For violation of the prescribed hours of operation provided herein; r(d) For knowingly permitting the presence on the premises of a person or persons under aG the influence of intoxicating liquor; (e) For knowingly permitting disorderly conduct or immoral practices on the premises; (f) For knowingly permitting the violation of the law or laws of the State of Texas or of the Ordinance of this City. The powers of the City Council under this paragraph may be delegated to the City Manager. Section 10: Partitions: It shall be unlawful to erect or construct on the licensed premises any partition or partitions obstructing the view of any part of the building or premises licensed herein, or cutting the building into two or more rooms by constructing partitions therein, in which a billiard or pool table or tables is or are displayed, owned and operated for profit, provided, however, that toilets or other sanitary facilities shall be enclosed and adequately ventilated in accordance with health, plumbing, sanitary and other applicable ordinances of this Ci ty. Section 11: Location: Places of business governed by this ordinance shall belocated on the ground floor or street level only of any building and shall not be licensed for any other floor than the ground or street level floor. Section 12: Inspections: The City Manager shall appoint or designate the City Building Inspector and others to make periodic inspections of the licensed premises, whose duty shall be to determine compliance with the building provisions, the maintenance of toilets and other sanitary facilities and compliance with the health, plumbing, sanitary and other applicable ordinances of this City. Section 13: Penalties: Any person, firm, association of persons, corporations or every other organization licensed hereunder violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not more than $200.00. Section 14: Severability: If any section, sub -section, paragraph, sentence, clause, phrase or work in this Ordinance or application thereof to any person or circumstance is held invalid, such holding shall not affect the validity of the remaining portions of the Ordinance and the City Council hereby declares it would have passed such remaining portion of the Ordinance despite such invalidity. Section 15: Repealing clause: All Ordinances or parts of Ordinances in conflict herewith are expressly repealed. Passed and approved on first reading this 10th day of August, 1976, and passed on the second reading on the 14th day of September, 1976. )&L Ci. John C. Doerfler, Mayor ATTEST: