Chapter 5.15
POOL AND BILLIARD TABLES
Sections:
5.15.010 License required – Transfer.
5.15.020 Information required for license issuance.
5.15.030 Revocation or suspension of license.
5.15.040 License – Expiration – Renewal.
5.15.060 License tax additional to others.
5.15.070 License tax constitutes a debt to municipality.
5.15.080 Impact on outstanding licenses.
5.15.010 License required – Transfer.
It is unlawful for any person to operate, manage, or hold open to the public any pool or billiard table or tables in any commercial or business establishment or any “billiard parlor” or “pool parlor,” without having first secured a license so to do. Such license shall be personal to the person, partnership or corporation to which issued and shall not be transferred to any other person, partnership or corporation. A license shall be required for each billiard or pool table in any commercial or business premises held open to the public for use, whether for charge or without charge. In the event one applicant is the owner or operator of multiple pool or billiard tables, the clerk/treasurer may issue one license covering such multiple tables; however, a license fee shall be charged for each pool or billiard table. The licenses required under this chapter are separate from and in addition to the business license that may be required under Chapter 5.05 LCMC when applicable. [Ord. 2019-21 Exh. 1, 2019; Ord. VIII-6-4 § 2, 1985.]
5.15.020 Information required for license issuance.
(1) Any person desiring to operate any pool or billiard tables shall apply to the city clerk/treasurer for a license so to do on a license form to be prepared by the clerk/treasurer. Such application shall require the following information:
(a) Name and home street address of the applicant. If applicant is a corporation or a partnership, names and home street address of each officer or director or partner shall be given;
(b) Address for which the license is requested;
(c) Diagram showing locations on premises in which pool or billiard tables will be placed;
(d) Date of issue and class of applicant’s liquor license, if any;
(e) If applicant sells magazines or other goods, a fair description of such magazines or goods.
(2) If a license is denied, and an appeal is filed, the clerk/treasurer shall immediately transmit all files and reports to the city mayor who shall within 10 days forward the same to the city council which shall then schedule a public hearing for a date not more than 30 days from the receipt by it of such appeal and the applicant shall be notified by the clerk/treasurer in writing of the date of hearing of such appeal. At the hearing the council shall consider staff reports and recommendations and also shall hear from the applicant or his attorney as to any reasons why the license should be issued. At the conclusion of such hearing, upon the basis of all the evidence received, the council shall vote whether or not to sustain the clerk/treasurer’s action in denying such license and its decision shall be final. [Ord. VIII-6-4 § 3, 1985.]
5.15.030 Revocation or suspension of license.
(1) Any license issued under this chapter may be revoked or suspended for any violation by the licensee of the provisions of this chapter or other applicable ordinance or any of the following grounds:
(a) Continued or any repeated failure to maintain order in or upon the licensed premises;
(b) Failure to conform to any city building or similar codes or orders issued under and in compliance with such codes;
(c) Any violation of state or local liquor laws;
(d) Any violation of state or local health regulations;
(e) Any violation of this chapter.
(2) When it appears to the city clerk/treasurer that any license should be revoked for any of the above reasons, he shall submit a report to the city mayor who may, after review thereof, submit a recommendation to the city council for suspension or revocation. The licensee shall be given written notice of such recommendation and of the time and place at which the council shall consider the same. The licensee may appear to argue against such action and may submit evidence in its own support. The hearing shall be conducted under the same rules as govern appeals from original denials of licenses under this chapter. At the conclusion of the hearing, upon the basis of all evidence received, the council shall vote whether or not to revoke or suspend the license and its decision shall be final. [Ord. VIII-6-4 § 4, 1985.]
5.15.040 License – Expiration – Renewal.
Each license authorizing operation of any pool or billiard table shall expire on December 31st of the year in which issued. Licensees who desire to renew their license for the next year shall by the preceding November 20th file an application for renewal with the city clerk/ treasurer together with the required fee and the city clerk/treasurer shall by November 5th advise licensees of this obligation. The clerk/ treasurer shall forward such renewal applications to the public works director, planning director, and the police department in the same manner as original applications are processed under LCMC 5.15.020. If, based upon such reports, the clerk/treasurer refuses to renew any license, he shall so advise the licensee not later than December 10th and the licensee shall have the same rights of appeal to the city council as are provided for denials of original applications, but the licensee shall not operate after his old license has expired unless and until the city council has reversed the order of the clerk/treasurer and has ordered the license renewed. [Ord. VIII-6-4 § 5, 1985.]
5.15.050 License fees.
The license fee which shall be charged for each such license shall be the sum of $25.00 per year and shall be assessed on a calendar year basis. The license fee shall be charged for each and every individual billiard or pool table operated in any commercial or business establishment. [Ord. VIII-6-4 § 6, 1985.]
5.15.060 License tax additional to others.
The license tax herein levied shall be in addition to any license fee or tax imposed or levied under any law or any other ordinance of the city of La Center. [Ord. VIII-6-4 § 7, 1985.]
5.15.070 License tax constitutes a debt to municipality.
Any license tax accrued, due and unpaid under this chapter, shall constitute a debt to the city of La Center, a municipal corporation, and may be collected by court proceedings the same as any other debt in like amount, but shall be in addition to all other existing remedies. [Ord. VIII-6-4 § 8, 1985.]
5.15.080 Impact on outstanding licenses.
This chapter shall not impact or invalidate existing and outstanding licenses for pool and billiard tables effective at the time of adoption and issued pursuant to La Center ordinances repealed by the ordinance codified in this chapter.1 This chapter shall be prospective only and shall apply only to new licenses issued as required by its terms. All previous licenses shall continue in full force and effect and shall expire according to their terms. [Ord. VIII-6-4 § 9, 1985.]
5.15.090 Violation – Penalty.
Any person violating any provision of this chapter is guilty of a misdemeanor and if convicted thereof shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Any such conviction shall be in addition to any suspension or revocation of license. [Ord. VIII-6-4 § 10, 1985.]
Code reviser’s note: Ord. VIII-6-4 repealed Ords. VIII-5-3 and VIII-5-4.