HomeMy WebLinkAboutOrdinance - 4159-1963 - Amending Chapter 24 Of The Code Of Ord.Adding Article VII Sec 26,49-26,61. - 08/08/1963r..... /
==:.:::.=-"""!"'=#==-M_P_:lkm __ N_o_t_£_1na 11y passed on August 22. 1963. SeeeOrdinance No. 4160. v ~ ====~~ ~RD~~~~~c;~q {p34159
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY OF LUBBOCK
CODE OF ORDINANCES BY ADDING THERETO ARTICLE VII.. SECTIONS 26. 49
THROUGH 26. 61; PROVIDNG THE PROCEDURE AND LICENSE FEE FOR THE
OPERA'liON OF POOL OR BILLIARD TABLES FOR PROFIT; REGULATING THE
OPERATION OF POOL OR BILLIARD ROOMS; PROVIDING FOR SEVERABILITY;
AND SETTING FORTH PENALTIES ..
WHEREAS, it is in the best interest of the City of Lubbock that pool or billiard
tables operated for profit be regulated and controlled and the City Commission find
tba t such controls and re~tions are necessary~ NOW THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City of Lubbock Code of Ordinances be amended by add
ing thereto Article VII, Sections 26. 49 through 26. 61, inclusive., as follows:
11Article VII, Billiard and Pool Tab~es.
"SECTION 26. 49 License Required. It shall be unlawful for any person, firm
or association of persons~ corporation or other organizations, save and except
religious., charitable or educational organizations authorized under the laws of the
State of Texas~ to keep, have, conduct or operate any billiard or pool table within
the corporate limits of the City of Lubbock, Texas for profit, without first having
obtained from the Chief of Police a license to so operate.
11 SECTION 26.50 Application .. Requirements. Before obtaining a license to Jeep,
have, conduct or operate a billiard or pool table for profit within the corporate I
limits of the City of Lubbock.,. Texas the applicant shall make a written .. signed
application therefor ~0 the Chief of Police~ accompanied by a fee of $2. 50 per table
to be so operated payable to the City. Such applicatif")n shall set forth full infor-
mation concerning the applicant including but not lim .ted to:
1. The full name .. age, place of birth and pre ~' t residential and b'l\.,;:;iness
addresses of the applicant, "
2. The length of the residence of the applicant in the city and the state .. and
whether he is a citizen of the 1United States.
3. A full personal description of the applicant., including age., height, weight~
race., color of eyes, complexion and color of hair, body and facial marks
and defects, if any., his complete fingerprints., and his photograph.. both
front and side view. {Fingerprints and photograph to be furnished by the
Police Department.)
4. Whetre r applica:b.tthas been charged with or convicted of any felony or
misdemeanor, excluding traffic complaints., and if so~ full information
concerning each.
5. Four business and personal references who can testify as to the applicant's
character and reputation.
6. The number of tables to be operated by the applicant.
"SECTION 26. 51 Same-Investigation. The Chief of Police shall make or caus
to be made such investigation of the character., reputation of the applicant desiring
a license to operate under this Section as may be deemed consistent and judicious;
and if the Chief of Police shall find that the applicant has a reputation for good
moral character and behavior he shall grant such license.
11 SECTION 26. 52 Appeal. If the Chief of Police refuses to grant the applicant
a license to operate billiard or pool tables for profit~ the applicant shall have the
right to appeal to the City Commission within ten days from the date of such refusal
which appeal shall be perfected by delivering to the City Commission a letter.,
stating that an app~al from the decision of the Chief of Police is desired. The City
Commission shall, within a reasonable time after receiving such notice of appeal,
hold a hearing thereon, and., after the hearing, sustain or reverse the decision of
the Chief of Police. If ho appeal is taken from the finding made by the Chief of
Police within the ten day period provided, the decision of the Chief of Police shall
be final.
"SECTION 26. 53 Expiration-Transfer. Such license shall be renewable
September 1, 1964, and on September 1st of each succeeding year thereafter. No
person shall sell, transfer, alter or in any manner assign such license as may be
issued.
11 SECTION 26. 54 Revoaation. In addition to any other penalty provfded by thi
Code, a license to operate a pool or billiard table for profit issued under the pro-
visions of this Article may be revoked by the City Commission, after a hearing
is first held after due notice to the holder thereof resulting in a finding that the
holder of such license has <;lone any of the following acts:
1. Made any false statement in his application for a license to operate a
pool or billiard table for pfuifit.
2. Sold,. transferred, altered or in any manner assigned such license as
may have been issued. Violated any of the provisions of Sections 26. 54
26. 55 or 26. 58 of this Article, or any State law relating to the operatio
of any such pool or billiard tables.
11 SECTION 26. 55 Minors Playing. No person who keeps, conducts or operate
any billiard or pool table for profit, or who keeps, conducts or operates any room
or rooms wherein the same are kept, conducted, or operated for profit whether
the licensee or an employee or associate of the licensee shall permit or allow any
minor under the age of years to play thereon., or to be or remain in or
frequent any such room, unless accompanied by his parent, guardian ov an adult
person responsible fort he conduct of such minor.
11 SECTION 26. 56 Hours of operation. No person shall operate or conduct
any billiard or pool table for profit or allow or permit any room or rooms where
the same are kept and operated to remain open for business or open to the public
or private persons before the hour of 8 o 1clock A.M. on week days and Saturdays,
or after the hour of 12 o'clock Midnight on week nj.ghts or 1 o 1clock A.·M. on
Sunday morning; before the hour of 1 P,. M. on Sundays or after the hour of 10 P. M
on Sundays.
11 SECTION 26. 57 Minors-Curfew. It shall be unlawful for any person license
hereunder or who operates.. maintains or manages any room · or rooms where pool
or billiard tables are kept and operated for profit, to allow or permit any minor
under the age of years to be or remain in any room where pool or
billiard tables are kept and operated for profit before the hour of 4 P.M. on days
when public schools are in session or after the hou.r of 10 P.M. on the night
immediately preceeding any school day.
11 SECTION 26. 58 Same-Penalty. Any minor under the age of
~:-::---~---years who shall be found playing or using any such billiard or pool table or who
remains in or frequents any room where the same are kept., operated for profit and
is not accompanied by the parent· or guardian or a responsil:ile adult person shall be
fined not more than $100 for each offense.
ttsECTION 26. 59 Betting ... Penalty. It shall be unlawful for any person to wage~
or bet upon he outcome of any game or contest_. or exhibition played upon any billia
or pool table operated for profit; and any person who conducts or operates a billiard
or pool table for profit who shall allow or permit any wager or bet upon the outcome
of any contest., game or exhibition played upon such table shall be fined not less th
$25 nor more than $200 for each such offense.
"SECTION 26.60 Penalty. Any person who shall violate any of the provisions
of Sections 26. 49., 26. 53,·2.6.55, :?6.'56,2"Q: 59·<£ 2.6.6lof this Article shall be fined not
ess than $25 nor more than $200 ..
"SECTION 26. 61. Exit Requirements. It shall be the duty of the own~r or
occupant in charge of any building or portion thereof where any billiard or pool
able is installed_. operated or maintained for profit to provide not less than two
exits which comply with the standards for exits in public buildings as set forth in
Chapter 33 of the Building Code of the City of Lubbock., and all exits" shall be kept
open and clear of any obstructions and clearly and visibly marked by a sign placed
over every door or other opening from such building or portion being':so used, on
which the word "Exit" shall appear in letters at least six inches high~ together with
a light provided with a red globe placed at or over such sign., which light shall be
kept burning during the entire period the building is being occupied by any person or
persons other than the owner or occupant in charge of such building. Failure to
comply with the duty imposed by this section is hereby declared to be unlawful. 11
SECTION 2. Severability. If any section., subsection, paragraph, sentence.,
clause, phrase or word in the Article, or application thereof to any person or
circumstance is held invalid, such holding shall not affect the validity of the re ..
maining portions of this Article, and the City Commission hereby declares it would
have passed such remaining portions desplle such invalidity.
AND IT IS SO ORDERED. ------------------
Passed by the City Commission on first reading this 8th day of·: ,4ugust ·-· 196 6
Passed by the City Commission on second reading this ___ day of ______ .J 196 •
JACK F.·: STRONG# Mayor
ATTEST:
Lavenia Lowe# City Secretary ... Treasurer
ORDINANCE
FIRST READING
ONLY
NO FINAL
PASSAGE