ORD 79-38 LICENSING OF BILLIARD AND POOL TABLESORDINANCE NO. 79 - 38
~'7 )RDINANCE PROVIDING FOR THE LICENSING OF BILLIARD
AND POOL TABLES, SHUFFLEBOARDS, FOOSBALL AND BOWLING
ALLEYS, AND THE ESTABLISH_NtENTS WHERE G~_MES OR SKILL ARE
MAINTAINED FOR PUBLIC USE OR HIRE AND REPEALING
ORDINANCE NO. 65-3.
The City Council of the City of Winslow DO ORDAIN as follows:
SECTION 1. LICENSE REQUIRED. It is unlawful for any person, firm
or corporation to open, carry on, maintain or conduct any pool or
billiard games, foosball games, shuffleboards, or bowling alleys
within the City without first obtaining a license therefor in
accordance with the provisions of this ordinance.
SECTION 2. LICENSE APPLICATION. Any person, firm, or corporation
desiring to maintain, keep or Operate any such pool table, billiard
table, shuffleboard, foosball, or bowling alley, shall make written
application for license to do so and file the same with the City Clerk.
Such application shall state the name of the applicant and address
and place of business at which any of said pool tables, billiard tables,
shuffleboard, foosball or bowlinq alley is apDlied for and the total
number of each device, table or alley desired to be covered by the
license.
SECTION 3. LICENSE FEES. Each license shall be issued for a period
of one (1) calendar year. The calendar year license fee shall be
Twenty Five Dollars ($25.00) for each pool table, billiard table,
shuffleboard, foosball game, or bowling alley operated by the licensee
and shall be Dayable prior to January 31st for the year required or
prior to commencement of business in the City. For any license
procured after the applicable date required herein, there is hereby
assessed and shall be collected by the City Clerk, in addition to the
required annual license fee, a penalty of 10% of the annual license
fee for each month or part of a month accruing between the time such
license is procured and the time when the same should have been
procured under the terms of this ordinance.
SECTION 4. ISSUANCE OF LICENSE. Upon approval of said application
and payment of the fee, as provided in Section 3, the City Clerk shall
issue to said applicant a license to operate said machines or devices
for which license has been applied.
SECTION 5. OTHER PERMITS REQUIRED. If the owner or operator of
pool or billiard tables, foosball, shuffleboards, or bowling alleys
offers prizes or free games as a result of the performance by the
players, the owners and operators shall secure a license under
Ordinance 75-4 as amended by 76-8.
SECTION 6. TERM OF LICENSE. All licenses issued under Section 4
shall expire on the last day of each calendar year. The fees for
said licenses shall not be pro rated for a partial year but the
full fees provided by Section 3 shall be payable regardless of the
date of application.
SECTION 7. LICENSE - NON-TRANSFERABLE. The license issued hereunder
shall be personal and non-transferable, and shall at all times be
conspicuously posted in the place of business for which it is issued.
When the location of business of the taxpayer is changed the taxpayer
shall return the license to the City Clerk and a new license shall
be issued for the new location of business without charge for said
taxpayer. No person to whom a license has been issued pursuant to
this ordinance shall permit or allow any other person to operate
any business or display his/her license; nor shall such other person
operate under or display such license.
SECTION 8o QUALIFICATION OF LICENSEE. In addition to the general
qualification of licensee set forth in this ordinance, no license
for the operation of pool or billiard tables, foosball games,
shuffleboards or bowling alleys, shall be granted or issued to the
following per.sons:
(a) Any person who has been convicted of violation of federal,
state or city laws or ordinances regulating the manufacture,
transportation, possession or sales of narcotics or intoxicating
liquors or of any crime involving moral turpitude within a period
of three years next prior to the date of making applications for
such license.
(b) Any person who names another Person to have the active management
of such place where billiard tables, pool tables, shuffleboards,
foosball games or bowling alleys are maintained for public use for
hire, who has been convicted as described in Paragraph (a) of this
section or had a similar license previously revoked.
(c) Any person, where in the opinion of the City Council the
location for said place where billiard tables, pool tables, shuffle-
boards, foosball games or bowling alleys are maintained for public
use for hire is not proper or for the best interests of public safety
or morals.
SECTION 9. LICENSE REFUSAL, CANCELLATION, REVOCATION. The City
Clerk may refuse to issue a license for billiard tables, pool tables,
shuffleboards, foosball games or bowling alleys or he may cancel or
revoke such license after it has been issued, if it is learned that
the same was procured by fraud or false representation of facts, or
that the applicant or permittee has failed to comply with the
provisions and requirements of this ordinance, or has violated any
provisions hereof, or for any other reason which, in the opinion of
the Chief of Police, will be detrimental to the public peace, health
or welfare. Any person may appeal the refusal to issue, or cancellation
or revocation of a license for billiard tables, pool tables, shuffleboar<
foosball games or bowling alleys under the appeal procedures in the
Hearing Procedure Ordinance.
It shall be the duty of all licensees granted licenses for the
oPeration of pool or billiard tables, foosball games, shuffleboards,
or bowling alleys to comply with the following regulations, and
the failure of any licensee to do so shall constitute, but shall
not be exclusive grounds for suspension or revocation of any license
and shall constitute a violation of this ordinance and, in the event
of such revocation, no part of the license fee shall be refunded.
(a) To employ no one on the premises covered by the license who has
been convicted of a violation of the state or city laws or ordinances
relative to gambling within one year from the date of such conviction.
(b) To have no on employed or financially interested in the business
to be conducted who has had a license revoked for cause by the City of
Winslow within one year from the date of such revocation.
SECTION 10. VIOLATIONS - PENALTIES. Any person, firm, or corporation
violating any of the terms or Provisions of this ordinance shall upon
conviction thereof, lose their license to operate and be fined the sum
of $500 or punished by imprisonment for a period of not more than six
months or by both such fine and imDrisonment.
SECTION 11. EFFECT OF PARTIAL INVALIDITY. If any provision or section
of this ordinance shall be held void or unconstitutional, all other
parts, provisions and sections not exDressly so held to be void or
unconstitutional shall continue in full force and effect.
SECTION 12.
entirety.
SECTION 13.
force and effect on
REPEALER. Ordinance No. 65-3 is hereby repealed in its
EFFECTIVE DATE. This ordinance shall become in full
PASSED BY THE CITY COUNCIL OF THE CITY OF WINSLOW, THIS
~J~0~J~j , 1979.
ATTEST:
Clerk/Treasurer
; 0F
Alice B. r