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HomeMy WebLinkAbout~Master - Relating to Billiard Halls, Repealing Ordinance 690, 726 AF TEMPORARY ORD. NO. 29 Permanent Ord. No. 780 AN ORDINANCE REGULATING AND LICENSING BILLIARD HALLS, FIXING THE LICENSE FEE THEREFOR, PRESCRIBING PENALTIES FOR VIOLATIONS, AND REPEALING ORDINANCES NUMBERS 690 AND 726 AND ALL OTHER ORDIANC S IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: I Section 1. Definitions. The following words and phraees when used in this ordinance shall, for the purpose of this ordinance have meanings respectively ascribed to them as follows. Section 1. 1. Person. The term "person" when used in this ordinance shall, in addition to its ordinanry meaning, be deemed to embrace partnership and corporations. Section 1. 2. Billiard Hall. The term"billiard hall" shall embrace "billiard rooms" and "pool rooms" and any other room or place where one or more billiard or pool tables are kept for lire. I Section 2. License Required. No hall of any description in which billiards, pocket billiards or pool are played or which includes any apparatus or parapher- nalia for the playing of billiards, pocket billiards or pool and which is conducted, as a public place of business for profit shall be carried on or maintained without a license. Section 3. Application. Application for said license shall be made to the council and filed with the clerk on blank forms prepared and furnished by the council. Said forms shall be so prepared as to furnish the information which will enable the council intelligently to grant or refuse the application. Section 4. Fee and Bond Required. Said application shall be accompanied by the license fee and bond herein required. i Section 5. License Fee. The license fee for each billiard hall shall be $25. 00 per year, payable in advance. Section 6. Bond. No license shall be issued unless the application is accompanied by bond to the municipality in the sum of two thousand dollars ($2, 000. 00) signed by the applicant and by a surety company authorized to do business in this state and approved by said council. Section 7. Conditions of Bond. Said bond shall be conditioned: (a) That there is no material false statement in the application (b) That, if the license be issued, the applicant or applicants will not, during the term of the license, suffer or allow to be carried on in such hall or in any room, yard, booth, garden or other place apper- taining thereto or connected therewith any disorderly conduct or suffer or permit such preinises to become disorderly. (c) That the applicant will not either by any act or conduct of his agents I or employees violate any provisions of this ordirance. Section_ 8. Causes for Nonissuance of License. The council shall not issue a license: (a) To any person who shall have been convicted of a second offense against the provisions of this ordinance within the last five (5) years preceding the filing of the application. (b) To any partnership of which a member shall have been convicted as provided in the preceding paragraph. i I (c) To any person who has been convicted of a felony. (d) To any partnership of which a member has been convicted of a felony. (e) To any person who is not a qualified elector of this state, except in the case of a corporation, in which case the manager must be a qualified elector. (f) To any partnership of which a member is not a qualified elector of this state. (g) To any person who is of immoral character or who is a habitual user of intoxicating liquors or narcotic drugs. (h) To any partnership of which a member is of immoral character or a habitual user of intoxicating liquors or narcotic drugs. (i) To any corporation of which any officer or director has been convicted of a second offense against the provisions of this ordinance within five (5) years preceding the filing of the application. (�) To any corporation of which any officer or director has been convicted of a felony or is of immoral character or is a habitual user of intoxicating liquors or narcotic drugs or is not an elector of this state. (k) In any case where three licenses have beenissued in any one calendar year under the provisions hereof. Se&tion 9. Council May refuse License for Cause. The council may in any case for cause refuse to issue the license. (Section 10. Form of License. Upon the vote of the council to issue the license, the city clerk shall issue the same, and keep a record thereof in his office, but no license shall be issued until the license fee is paid in full. The license shall specify the name of the licensee and the name of the local manager, the specific place where the business is to be carried on, the number of tables authorized to be operated therein and the day on whic-h the license shall begin and expire. Section 11. Date of Expiration. All licenses issued for the purposes herein provided shall expire on the thirty-first day' of December of each year. License for which an annual fee is charged will be issued for one-half (1/2) of the annual fee after the first day of July. Section 12. Place of Business. The location of any proposed billiard hall shall be approved by the city council. The place of business shall be lighted so that all objects are plainly visible at all times, and all booths of such place of busLaes shall be illuminated to a minimum of ten foot-candles as measured by a foot-candle meter at a plane of thirty inches above the floor and shall be adequately ventilated and kept clean at all times under inspection of the city sanitarian. If the place of business has display windows fronting on a street, no obstruction shall be permitted on the glass or otherwise which would obstruct a clear view of the interior of the premises. Each such place of business shall provide separate sanitary toilet rooms for both men and women. Section 13. Display of License. The license shall be enclosed by the licensee in a suitable frame having a clear glass face and a substantial wood or metal back, so that the whole of such license may be seen therein and shall be posted up and at all times displayed in a conspicuous place in the room or place where the licensed business is carried on so that all persons visiting such room or place may readily see the same. Section 14. Unlawful Posting of License. It shall be unlawful for any per son to post such license or to permit it to be posted upon premises other than those for which the license was issued or to knowingly deface or destroy any such license. I Section 15. Unlawful Actions of Licensee. It shall be unlawful for a licensee or for an employee of the licensee: I (a) To suffer or permit any dice to be thrown for money or for anything of value or to suffer or permit any raffle or other game of chance or any form of gambling in the place designated by the license or in any booth, yard or garden or other place appertaining to said place or connected therewith. (b) To suffer or permit the licensed premises to become disorderly. (c) To suffer or permit any minor to enter or remain in such billiard room or place. (d) To keep such billiard room or place open or to operate between the hour s of 12:00 p.m. and 7:00 a, m. or at any time on Sunday, except that where in connection with and in a distinct portion of said billiard room or place a soda fountain, cigar or news stand is maintained or other similar business carried on, the provisions of this subdivi dol shall not apply to said portion of such billiard room or to the businessi of the kinds indicated therein carried on, i (e) To sell, barter, furnish or possess in such billiard room or place or i in any place appurtenant thereto any intoxicating liquors, or beer or malt liquors, as defined by section 124. 2, code of Iowa, 1954, or i to permit any such acts to be done. (f) To knowingly employ in carrying on the business of such billiard hall any person who has been convicted of a felony. Section 16. Acts of Agent. The acts and conduct of the agents and employees of the licensee in the conduct of said business shall be deemed the acts and conduct of the licensee. Section 17. Club Defenses. In prosecutions under this ordinance it shall be no defense that the premises where the violation is alleged to have occurred are conducted during prohibited hours as a private club, if at any other times such premises are conducted as a public place of business. The provisions of this ordinance shall not apply to the Y. M. C. A. , now located on the college campus. Section 18. Second Conviction. A second conviction for a violation of any provisions of this ordinance shall, when such judgment becomes :final, automatically act as a revocation of the license and the bond. i Section 19. revocation. The council may at any time for cause and on such reasonable hearing as it may prescribe revoke a license and such revocation shall be final. Section 20. Year Limitation. If the license of any licensee be revoked, no license shall, for at least one year after the revocation, be grarted to such person or to any partnership or corporation of which such person is a member, officer or stockholder. Section 21. Action on Bond. Upon a second conviction as aforesaid or when it can be shown the application for the license was materially false in any particular, the mayor shall institute action on the bond. Section 22. Bond Damages. In an action on the bond the amount thereof shall be conclusively presumed to be liquidated damages. Section 23. Duplicate Licenses. When a license shall be lost or destroyed without fault on the part of the licensee, his agents or employees, a duplicate may be issued by the council at its discretion under such regulations as it may prescribe and on the payment of a fee of two dollars ($2. 00). i Section 24. Change of Location. Should a licensee desire to change his place of business to a new location, the council may at its discretion and under such regulations as it may prescribe and on the surrender of the original license and the payment of a fee of two dollars ($2. 00) issue a new license for the new location. !Section 25. License Nonassignable. No license herein provided for shall be transferable or assignable, and no refund shall be made on revocation or dis- continuance of business. Section 26. Penalty. Anyone violating any provisions of this ordinaee shall be guilty of a misdemeanor and upon conviction thereof shall be punished accordingly. This penalty is in addition to any fees, charges, forfeitures or other liabilities otherwise imposed. If Section 27. Repeal. Ordinances numbers 690 and 726 and all other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. I Section 28. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 7th day of February, 1955. J. W. Prather, City Cler_- J. P. Lawlor, Mayor Moved by Griffith and seconded by Bliss that Temporary Ord. No. 29 bepassed on its first reading. I Voting Aye: Griffith, Judge, Smith, Bolton and Bliss Voting Nay: None Absent: De Hart i Moved by Judge and seconded by Smith that the rules governing the pas sage of ordinances be suspended, the second and third readings omitted, and Temporary Ordinance No. 29 be placed on its final passage. Voting Aye: Griffith, Judge, Smith, Bolton and Bliss j Voting Nay: Nne Absent: De Hart Moved by Smith and seconded by Griffith that Temporary Ordinance No. 29 do now pass. Voting Aye: Griffith, Judge, Smith, Bolton and Bliss Voting Nay: None Absent: De Hart Mayor Lawlor declared Temporary Ordinance No. 29 duly adopted. I, J. W. Prather, City Clerk of the Cityof Ames, Iowa, do hereby certify that Ordinance No. 780 was duly and properly adopted by the City Council I ata meeting on the 7th day of February, 1955 and published by codifying on the day of (i u 6 19 a�• J, W. Prather, City Clerk I 'I 1