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HomeMy WebLinkAbout365 11-25-1969ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE OPERATION OF POOL HALLS; ESTABLISHING FEES AND PROCEDMIS FOR THE APPLICATION, ISSUANCE, POSTING. RENEWAL, SUSPENSION AND REVOCATION OF LICENSES FOR THE OPERATION OF POOL HALLS; RESTRICT- ING THE OPERATION OF POOL HALLS WITHIN SPECIFIED DISTANCES OF CHURCHES, SCHOOLS AND HOSPITALS; PROHIBIT - INC IN POOL BALLS, MINORS AT SPECIFIED PERIODS, THE CONSUMPTION AND POSSESSION OF ALCO"OLIC BEVERAGES, GAMBLING, VAGRANTS AND PROSTITUTES; AUTHORIZING INSPEC- TION OF POOL HALLS BY CITY OFFICIALS; RESTRICTING THE HOURS OF OPERATION OF POOL BALLS; PROVIDING FOR THE PUBLISHING OF THIS ORDINANCE Its THE OFFICIAL NEWSPAPER OF THE CITY OF EULESS AS REQUIRED BY 14E EULESS CITY CHARTER; PROVIDING A PENALTY AND A SAVINGS CLAUSE. WHEREAS, Article 19.01, Section 10 of Vernon's Annotated Texas Statutes, Taxat Ion - General , furnishes the City of Euless with the power and authority to ban, prohibit, regulate, supervise, control and license the operation of billiard tables as herein provided within the corporate limits of the City of Euless, and WHEREAS, the Euless City Council has found that the health, safety and wa I l being of the 4I t isena7 of the City of Euless mess i tai is the enactment of an Ordinance regulating the operation of certain astablishments In their operation of billiard tables; NOW, THEREFORE, U IT ORDAINED BY THE EULESS CITY COUNCIL: 1• L17# .►: For the purpose of this Ordinance, the following words and phrases shall have the following meanings ascribed to thee: 119111lard or Pool Table ". Any table, whether coin - operated or not, sur- rounded by a ledge or cushion with or without pockets, upon which ball$ are Impelled by a stick or cue. "Pool or Billiard Hall". Any rapt, hall, building or part thereof, or enclosure of any kind similar to those named, or any enclosed open space In which are bated any pool table or billiard table for the use of which a fee or charge is reed*, either directly or indirectly and which place Is operated for profit or la i n of any kind. ii. Section 1. "U l rw. It shall be unlawful for any parson, firm, association of parsons, corporation or any other organisation, saw and except religious, charitable or educational organizations authorized under the leers of the State of Texas, to operate a pool hall or billiard hall within the City unless such person, firm, assoc iat ion of persons, corporation or other organization shell have first obtained a license far such purpose from the City Manager as hereinafter provided. Stet ion 2. Application. Any person, firm, association of person*, corporation or other organization desirin to operate a pool hall within the City shell file with the City Manager a wr ?tten application for such license, duiy verified under oath, which application shell contain the following Information: (a) The location by street and nurdor of the place which is to be used for such purpose, the size thereof, the nutter of pool or billiard tables proposed to be used and the no" and address of the applicant, (b) If the applicant Is an individual, a State- ment that he or she Is a bona fide resident of the city and state: the length of such residence therein; the residort a ad- dross of such applicant by street and number; the occupation or employment of the applicant for a period of five (5) years next preceding the data of filing of such application; whether or not the applicant has over been convicted of a felony or misdemeanor and, If so, the nature of the offense, and In this connection, applicant may be required to submit to fingerprint- ing by the Pollee Department. (c) If the applicant is a fires, assoc lotion of persons, or other organization, all of the Information presecrib- ad In subsection (b) above shall be furnished as to each Individual composing such firm, association of persons. or other organization. (d) If the applicant Is a corporation, a state- ment that the applicant Is incorporated and chartered under the laws of this state, or If a foreign corporation, that such corporation is licensed to do business In this state, a list of officers and directors of such corporation, and the Sacco Informa- tion prescribed In subsection (b) above with reference to the person or persons to be In charge of the operation of such pool hall. (a) The nom of the manager or operator of such pool hall and the Information required In subsection (b) hereof Shell be fur*n l speed for any manager or operator including sub- sequent managers or operators should a license nsee be granted. Section 3. Moral Cherocter of Lie:e n$". The Information given in such appi lcat ion is for the pur- pose of *flowing the City Manager to determine whether or not the applicant for such license and his employees are of good moral character. it shelf be unlawful to make any false statement or to misrepresent any fact in the ap- plicatton above provided for and My mismpresontation or misstateesmont of fact made by any applicant hereunder shall, In addition to the penalties provided herein, be cause for revocation of license. Section 4, Inspection and Approval of Promises by City Manager. No license shall be granted hereunder unless it shall appear, upon investigation by the City Manager of the promises to be used for the purpose of operating such pool hall, that such promises comply with the laws of this State and the ordinances of this City. Section 5. Fees. From every applicant there shall be cal lewcteed by the City Manager prior to issuance of the 1 iconsa provided for herein, a 1 icons* fee of $10.00 for each billiard table to be operated In such pool bell. Section 6. Tern of License. All i t census Issued untder this Ord i nonce shall exp i ree on Decsmbar 31st of each year and shall be re amble welly by the making of a now application as Mere i nbefors provided. "Chen sha l 1 be no proration or refund of any license fee due or paid hereunder for any cause whatsoever. Section 7. issuance. The City Secretary shall, upon compliance with the applica- tion provisions above noted, the determination of applicant's good morel charaectow, the Inspection and approval of the promises to be used as a pool hall and the payment of the license fee above provided, issue to such oppi l M cant a license setting forth can the face thereof the name of applicant, the location of such pool halt, the term of such license, and the number of billiard tables authorized as determined by the license fee collected. Section a. Display of License. It shall be unlawful on and after the effective date of this Ordinance for any person, firm, assoclotlon of persons, corporation or other organisation, to operate a pool ha l i as heroin defined without then hav- ing on display in a conspicuous place in such pool hall a license as heroin provided. Section 9. Limitation of Billiard Tables. It shall be unlawful for any T le eene" to have avol loblet for use In a pool hall a number of billiard tab lets greater than the number of billiard tables authorized in such i icens"Is license. Section 10 . Right of Appeal Upon Refusal of i. i cense . in the event the City Manager shall r *fcese to grant a license to any applicant under the provisions of this Ordinance: such refusal shall be sea" kr4wn In writing by the City Manager to Applicant by letter stint to the residence address of Applicant as slam in such Applicant's Ap- psicatton and such letter s "-*cell set forth the basis fair such refusal. Applicant sha 1 t have the right of appeal to thee City C+ounc i l by giving to such Count i t , within ter{ days of the date of refusal of the Issuance of such license, written notice of Intention to appeal such refusal and by r"ussting a hearing by said Course i 1 upon such application. In the event of such appeal the City Council shall, within thirty (30) days next following such notice of appeal, grant a hearing thereon to determine the corroctnsess of the refusal of such license. The City Manager shall, prior to such hearing, provide the Council with a record of al 1 proceedings theretofore had with respect to the application in question, including ;a copy of the smitten application itself and the City Manager's letter of refusal to issue such license. The detsrmin- at ion of the City Council on such appeal shall be f t na i . Section i t . Reev4ocat i on and Suspension. If any licensee, owner, employee or operator of a pool hall shall be found guilty of any violation of the provisions of this Ordinance, or of any other Ordinance of the City, or the lows of this State, the City Manager may, at any time thereafter, by giving neetiae in writing to time licensee, of such pool (call, hold a hearing at a time designated in such notice for the purpose of determining if the license theretofore issued should be cancelled, revoked or suspendeed, and upon such hearing, the City Manager any cancel, revoke or suspend such license Indefinitely or for any period, such cancellation,, rovvcat tore or suspension to become final at the and of ten days after such hearing. The licensee, following a determination of suspension, revocation or cancellation of l i cans* by the City Manager as heroin prev i ded , "it have the right of appeal to the City Council within such ten day period by giving notice of his Intention tea appeal such decision to the City Counen i l in writing within such teen day period and requesting a hearing by the Council upon such cancellation, revocation or suspension, Such appeal shall have the affect of staying the deeterm. 1naetion of the City Manager pending snaring by the City Council. The City Council shag l 1 sat a date for such hea r i n+g within thirty (30) days of receipt of rum t i cee of appeal as heeree i n prov i deed and shall advise the licensee of such data. The City tanager shall, prior to hearing by the City Council, furnish the City Council with a record of the proc*odings heretofore had with respect to such hearing of cancellation, revocation or suspension. The daterm i nat lore of the City Counc i l can appeal frcear an ordesr of the City Manager suspending, r*voktng or cancelling a license shall be final and shall be effective from the date of such deterainetlon. iii. Section 1, Proximity to Church, School or Hospital. It shall be unlawful to operate a pool hall In the City within two hundrod (2W) feet of any Church, School or Hospi to t . The 200 foot messunmauaant she i i be she from the closest point of the sehoo l , hospital or church building to the closest point of the building containing such pool hall. Section 2. Hours of Operation. The i awf u l boors of operation of a pool he 1 i sha 1 l be f nae 7:00 a.m. to 12 midnight of any day other then Sunday. The lawful hours of operation of a, j pool !,Ial i on Sunday of any week shall be only between the 1 ers of 1:00 f.M. and 6:00 P.M. Section 3, Use by Minors. It shall be unlawful for the licensee, owner, operator or employee of any pool hall to admit to such pool hall persons under the age of seventeen (17) years between the hours of 8 :30 a.m. and 4,00 p.m. of any day Bother than an official school holiday unless such person shall be ac- compentod by a parent or guardian or shall have obtained the written consent of a parent or guardian authorizing such persons admission to such pool hall during the above hours. Section 4. Gambling Prohibited. it shall be unlawful for the licensee, owner, operator or employee of any pool hall to permit or allow gambling, betting or wagering of any kind or character to takee place on the premises of such pool hall. Section 5. Prostitutes and vagrants Prohibited. It shall be unlawful for the licensee, owner, operator or employee of any pool hail to permit or alias any prostitute, melee or female procurer, or vagrant to be present during the hours of operation of such pool bell. IV. Any person found guilty of violating any provision of this Ordinance shall be fined an amount not to exceed Two Hundred Dollars ($200.00). . V, This Ordinance shall bas published at least one time In the official newspaper of the City of Wass, in accordance with the provisions of the ifuleess City Charter, Yi. Should any section, provision, word, phrase, or clause of this Ordinance, or the application thereof to any person, or circumstances be held Invalid, urreona t i t ut ionaa 1 or i neffeect i vee , the remainder of the Ordinance eyed the opa- plication of such provisions to other persons or circumstances shall not be effeeateed theer*by. PRIESE14TO AND 6 i VEN F i RS►T READING on the twenty - eighth day of October. 1969, at a regular meting of the City Council of the City of Euless, Texas; end given Seed Reading, passed and awed on the twenty -f fifth eiay of November, 1969, by a vote of ,,,5_ ayes and .1_, nays at a regular meatIng of the City Council of the City of Euless, Tars, ATTEST APPROVED: Mayor C ty S,,r*tary