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HomeMy WebLinkAbout0394 Ordinance4 z_. r ORDINANCE NO. ':� AN ORDINANCE RELATING TO REGULATING, SUPERVISING IM LICENSING POOL AND BILLIARD HALLS PUBLIC CARD ROOT -IS AND SOFT DRINK ESTABLISH,1ENTS, PROHIBITING PUNCH BOARDS THEREIN PROVIDING FOR THE REVOCATION AND SUSPENSION OF SUCH LICENSES AIM REPEALING ORDI- NANCE NUMBER 365 PASSED BY THE CITY COUNCIL ON THE 17 DAY OF TRAY 1927 THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Hereafter it shall be unlawful for any person, firm, or corporation to open up, engage in, or carry on any pool hall, billiard r00%, public card room, or soft drink parlor or establishment contrary to the provisions herein and without first obtaining a license therefor and paying such fee as is hereinafter provided. Section 2. The word "pool hall" as used herein shall mean any place operated for gain wherein one or more billiard or pool tables are kept or maintained. A "soft drink parlor" or "establishment" shall mean any place opened up and conducted for gain, where soft drinks or refreshments are served, as distinguished from restaurants and eating houses. The term "punch boards" shall mean any wooden board, paper board, sheet or other lottery device whereby a ticket, number share or chance may be secured for a consideration, representing money or other thing of value, the securing of which is in any degree dependant upon chance or luck. The term "public card room" as used in this ordinance shall be held and construed to mean any place where card games are played and the public are admitted. Section 3. Any person, firm or corporation desiring to obtain a license to open up or conduct a billiard hall or pool room a soft drink parlor or establishment or public card room shall make application therefor to the city clerk of the City of Pasco, which application shall describe the premises wherein the same is to be conducted, and the city clerk shall issue such license upon approval of the city council, said license shall be for a period of one year unless sooner revoked or suspended, beginning July first of the year in which it is issued and terminating the 30th day of June following. The • minimum license fee shall be five dollars (,';)5.00) for each pool or billiard hall containing one pool or billiard table and two (;'2.00) for each additional pool or billiard table. The minimum license fee for a public card room shall be five dollars ('!"5.00) for the first card table and two dollars ($2.00) for each additional card table. The license fee for a soft drink parlor or establishment shall be five dollars ($5.00) per year. Where more than one of the said businesses shall be conducted by the same person in the same place, each of said business shall pay license fee as herein provided for and each of said businesses shall be required to have a separate license therefor. The license fee above -mentioned'shall be for one year or for any fractional part thereof that such licenses may be in effect. -2- Section 4. In addition to ot:�er :)er_al ties provided by la -1 the City Council reserves unto itself the ri;;bkt to revoke, or suspend, any license issued under the provisions of this ordinance at any ti, -1e, where the same was -)rocured by fraud, or false representation of fact, or for the violation of, or failure to comply with, any of the provisions of this ordinance by the person holding such license, or any of his servant, agents or employees, ,Thile actin; within the scope of their • er ploy�.ent, or the conviction of the person boldin,., such license of a felony or rasdemeanor involvin:: noral turpitude or an intent to defraud, or the conviction of any of his servants, a^ents or employees of any felony or misdemeanor involvinf; an attempt to defraud coranitted .rhile acting within the scope of their employment, or if the licensee, any of his servants, or a vents or employees, while actin; within the scope of their emploT,Lent, violate any law or ordinance relating to the sale or possession of intoxicating liquor, the use, possession, or sale of narcotic drugs, or violate any lair or ordinance relating to public morality and decency. At least three (3) days before revoking any license, the City Council shall cause to be hailed, or delivered to the holder of such license, at his last knoTrrn address, a notice,stating the time and place of hearing concerning the revocation, at which the licensee shall be entitled to be heard and introduce the testimony of ,witnesses. The action of the City Council relative to such revocation shall be final; provided, that whenever any person to whorl a license has been granted under the provisions of this ordinance, shall be convicted of violating any of the provisions thereof, such conviction shall be prima facie evidence of facts sufficient to warrant revocation of the license held by such person. Revocation of a license by the City "ouncil shall be by resolution, and any person whose license has been revoked shall not again be licensed to enga;e in, or carry on the same line of business for a period of at least one (1) year from the date of such revocation. Thezty Council may suspend any license issued under the provision of this ordinance for a period of not less than ten (10) days, nor more than sixty (60) days. All suspensions shall be by resolution of the City Council and shall be effective immediately. It shall be unlawful for any person whose license has been revoked or suspended to keep the license issued to him in his possession or under his control, but said license shall i-*Zlediately be surrendered to the City Clerk; in all cases of revocation the license shall be cancelled and whenever a license is suspended the City Clerk shall retain the same during the period of suspension. Providing further than when the license of any public card room has been revoked or suspended and the proprietor thereof shall remain in business at the same place for the purpose of carrying on other branches • of his said business it shall be unlawful to allow any card tables to remain in the said place of business during the period when such license is held revoked or suspended. Failure of the proprietor of any such card room to ran ove there from all card tables during such period of suspension or revocation of license upon being notified so to do, shall constitute a separate violation of this ordinance and in addition to the other penalties provided herein shall subject the said proprietor at the option of the City Council to the forfeiture of any other license or licenses held by him and issued under the provisions of this ordinance. Section 5. r?o lice~ise granted under the provisions of this ordinance shall be assignable and any license so granted nay be revoked or suspended as herein provided on a morjoity vote of the City Council. No such license shall be useable except at the premises described therein and no transfer, thereof to any other n-eTlises y 1] 0 -3- shall be permissible, except on an affirmative vote of the City Council. Section 6. It shall be unlawful for any blinds, screens or other obstruction to be placed or used in any rooms where such billiard tables.or pool tables shall be kept or operated, to prevent full viers of said room from the street on which said room shall front, or from the rain portion of the said room so occupied, that is no curtains, boxes, or partitions or any other.obstructions shall inclose any room in the interior of such pool hall. No games of any kind shall be conducted in any room or structure opening off of or connected with any pool or billiard hall or public card room licensed under the provisions of this ordinance. Provided further, that it shall be unlawful -for any proprietor, agent or employee of any pool hall or billiard hall or card room to alio any person under the age of % years to remain therein, either as a loiterer, spectator, employee or player, and it shall be no defense to proprietor, agent or employee of said -pool or billiard hall or card room. That he believe that the said minor eras of age or that the said minor misrepresented his age shall be no defens It is further provided that any person the ages of 18 and 21 years of age who shall misrepresent his age and thereby be allowed to remain in said pool or billiard hall, or card room, shall be deemed guilty of violating this section and be punished as provided in Section 12 of this ordinance. Section 7. No pool or billiard room or public card room shall remain open between the hours of 12:oo o'clock, midnight and 6:00 o'clock a.m. Section 8. �To pool hall, soft drinz: establishment, or public card room shall at any time have therein any liquor of any kind containing any amount of alcohol -greater than 1/2 of 1%,; and no gambling or gambling devices shall at any time be permitted therein. Section 9. No person, intoxicated or in any degree under the influence of liquor, or in any manner disorderly shall be allowed to remain in such pool hall, soft drink parlor or public card rooms. Section 10. Any proprietor, agent or employee of such pool hall or soft drink parlor shall be liable and may be prosecuted for the violation of any part of this ordinance and the possessor of any liquor of a greater alcoholic content than 1/2 of to in any pool hall or sort drink parlor shall be prima facie evidence against the proprietor, agent or e-�loyer of s,zch place that he has violated this ordinance. Section 11. It shall be unlawful for any Doc? hall, soft drink parlor or public card room or any other place to keep or display anti punch board or slot machine or ga.*abling devise. Section 12. Any person who shall violate any of the provisions of this ordinance shall be dee.ed guilty of a misdemeanor and, upon convictions thereof, shall be fined in any sum not less than .,25.00 or more than ,100.00 and be imprisoned for a period not to exceed thirty (30) days, or by both such fine and imprisonment. Section 13. Nothing in this ordinance contained shall be deemed to prohibit public card games or card parties given by religious, charitable, or civic or fraternal organizations, the entire net profits of which card games or card parties shall be devoted to religious, charitable, fraternal or civic purposes. 0 -4 - Section 1,11. The City Council hereby declares that the peace, order anC_sood government of the City of Pasco requires that the number of pool halls and public card rooms should be limited. r2herefor until the population of t; e 'City of Pasco shall reach 5000 inhabitants not more than four licenses for pool halls and not more than five licenses for public card rooms shall be in effect at any one time. Section 15. Ordinance Number 365 entitled "An ordinance relating to regulatin, supervising and licensi.n pool and billiard halls and soft drink parlors or places, prohibiting; punch boards, and repealin ordinance number 310 entitled, II.An ordinance relating to licenses an' re ulatin„ pool and billiard halls and soft drin, parlors or places and prohi- biting punch aocrdst?, and repealin orc.inance nLLmber 326, being an ordinance amending ordinance na_-iber 310 passed by the City Council on the 17th day of ,,ay 1927"e and the same is hereby repealed. Section 16; This ordinance shall ta.-.e effect five (5) days �rBrn g, after its Dassa-e dzdpublicatioj,,� Then Passed and approved this - day of December, 1931. ATTE3T mit LIZ1err A pproved as to f or:i 0ity Attorney s W:;�W,MwM69-4