HomeMy WebLinkAboutOrdinance 1286OI:U:)ZNANCE NO. 1286
BEZNGAN OI:tDINANCE AMENDZNG ORDZNANCE NO. 853,
CZTY CODE OF 1977,
PERTAINING TO POOL HALL LZCEN~B I~EOUZRE~WNTB
The City of Columbia Heights does ordain:
Chapter 5, Article iV, Section 2 (5.402), of Ordinance No 853, City
Code of 1977, which currently reads as follows, to wit:
SECTION 2
POOL HALLS
5.402(1)
No person shall operate or maintain a pool hall or pool
table on any premises used for a business or commercial
activity without a license issued pursuant to the
provisions of this chapter.
5.402(2)
A license application for operation of pool tables on the
same premises as any other licensed business or proposed
commercial activity shall contain a statement indicating:
(a)
the nature of other licensed or proposed business
or commercial activity,
(b)
the name of the licensee or license applicant for
such a business,
(c)
whether the licensee or operator of the pool hall
or pool tables would have operational control over
both business activities,
(d)
whether the operation of pool tables would be an
incident of said other licensed business, or would
be an independent separate business sharing the
same premises.
5.402 (3)
Applications shall contain a statement of the number of
pool tables to be utilized, and whether the tables are
coin operated.
5.202 (4)
Applications shall be referred to the Chief of the Fire
Prevention Bureau and the Building Inspector for an
inspection of the premises and a report indicatin~
whether the premises are in compliance with all
applicable ordinances and regulations, unless the same
premises have been previously inspected within the same
calendar year in conjunction with the issuance of a
license for any other business or commercial activity.
5.402(5)
Applications under this section shall include a statement
whether the applicant has ever been Convicted for
violation of any law relating to gambling activities.
Such a conviction may be grounds for denial of said
license application.
5.402(6)
No pool hall licensed under this section shall be located
within three hundred feet (300') of any school building
or church.
is herewith amended to read,
5.402(1)
No person shall operate or maintain a pool hall or pool
table on any premises used for a business or commercial
activity unless that person
(a) possesses a license issued pursuant to the
provisions of this chapter; and
(b)
is at least eighteen years of age at the time of
submitting an application for licensure pursuant to
the provisions of this chapter.
5.402 (2)
For the purpose of this section, the terms "pool hall"
and "billiards hall" shall mean any building, structure
or tract of land which has as at least one use or
activity the providing of any of the following or any
combination of any of the following amusements:
(a) billiards/pool (not coin operated);
(b) snooker (not coin operated);
(c) bumper pool (not coin operated);
(d) table tennis (not coin operated);
(e) less than nine (9) arcade games
defined by 5.411(2)(b - e).
or devices as
5.402(3)
A license application for operation of pool tables on the
same premises as any other licensed business or proposed
commercial activity shall contain a statement indicating:
(a) the nature of other licensed or proposed business
or commercial activity;
(b) the name and date of birth of the licensee or
license applicant for such a business;
(c) whether the licensee or operator of the pool hall
or pool tables would have operational control over
both business activities;
(d) whether the operation of pool tables would be an
incident of said other licensed business, or would
be an independent business sharing the same
premises;
5.402(4)
5.402 (S)
s.4o2 (~)
~.402 (7)
~402 (8)
5.402(9)
Applications shall contain a statement of the number of
gaming tables to be utilized, and whether the tables are
coin operated, and if arcade games are to be utilized,
the number of said games.
Applications shall be referred to the Chief of the Fire
Prevention Bureau and the Building Inspector for an
inspection of the premises and a report indicating
whether the premises are in compliance with all
applicable ordinances and regulations, unless the same
premises have been previously inspected within the same
calendar year in conjunction with the issuance of a
license for any other business or commercial activity.
Applicationsunder this section shall include a statement
whether the applicant has ever been convicted for
violation of any law relating to gambling activities.
Such a conviction may be grounds for denial of said
license application.
No pool hall licensed under this section:
(i) shall be located:
(a) within three hundred
(300) feet of any school
building or church, or,
(b) if no alcohol is
served at the pool hall
or billiards hall, within
two hundred (200) feet of
any school building or
church;
(ii) Any pool hall or billiards hall
operating pursuant to
§5.402(7) (i) (b) shall prohibit any
person not at least 18 years of age
from entering the establishment as a
patron unless accompanied by a
parent or legal guardian.
For any person operating a pool hall or billiards hall
pursuant to this 'section 5.402, a conditional use permit
shall be required and issued pursuant to and in
accordance with the provisions of Chapter 9.105(5).
The license may be revoked or suspended in accordance
with this Chapter whenever the licensee, its owner,
manager, or any of its employees or agents have engaged
in any of the following conduct:
(a) Fraud, deception or misrepresentation in connection
with the securing of a license;
(b) conduct inimical to the interests of public health,
safety and welfare;
(c) Conduct involving moral turpitude;
(d)
Conviction of an offense involving moral turpitude
by any court of competent jurisdiction;
(e)
Failure to comply with any of the provisions of
this section or engaging in conduct which would be
grounds for denial of an initial application for
licensure.
In addition to the grounds for revocation set forth in subsections
(a) through (e) above, it shall be grounds for revocation of the
license if the Police Department for the City receives five or more
complaints within one month's time of any of the following
activities occurring within, upon or around the premises operating
the licensed pool hall: fencing of stolen goods, possession and/or
distribution of controlled substances, public intoxication,
disorderly conduct or assault.
First Reading:
Second Reading:
Date of Passage:
April 26, 199q
May ~, .199q
May 9. 199q
Offered by:
Seconded by:
Roll Call:
Peterson
Jo11~
All ayes
~-Anne Student,
osep~ s'turdevant, sr., Mayor
Council Secretary