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HomeMy WebLinkAboutOrdinance - 4160-1963 - Amending Chapter 26, Code Of Ord. Article VII, Sections 26,40-26.64. - 08/22/1963ORDINANCE NO. 4160 amended by -L// b O~ ORDINANCE NO. 6508 ~ ~~-~~~ ORDINANCE NO. 4160 1\lfP;.tkm --~ ----===========-=-==~- , -AN ORDINANCE AMENDING CHAPTER 2 6 OF THE CITY OF LUBBOCK CODE OF ORDINANCES BY ADDING THERETO ARTICLE VITa SECTIONS 26.49 THROUG ....__,; 126. 64; PROVIDING THE PROCEDURE AND LICENSE FEE FOR THE OPERATION ,., . .\ • OF POOL OR BILLIARD TABLES FOR PROFIT; REGULATING THE OPERATION d-'ti' OF POOL OR BILLIARD ROOMS; PROVIDING FOR SEVERABILITY; AND SETTING ~, FORTH PENALTIES; AND DECUARING AN EMERGENCY. WHEREAS~ the City Commission finds that the operation and maintainence of pool or billiard tables for profit should be regulated and controlled and the immrlB.t preservation of public health and safety requires the immediate passage of reguhtor and controlling measures, 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. 64, inclusive~ as follows: 11 Article VII, Billiard and Pool Tables. "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, cha:t:itable 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 obtainin a license to so operate. "SECTION 26. 50 Application-Requirements. Before obtaining a license to kre ., have, conduct or operate a billiard or pool table for profit within the corporate limits of the City of Lubbock. Texas the applicant shall make a written, signed application therefor to the City Tax Collector, accompanied by a fee of $2.50 per table to be so operated payable to the City. Such application shall set forth full information concerning the applicant including but not limited to: 1. The full name, age~ place of birth and present residential and business 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 United 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. 4. Whether applicant has 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. TIE number of tables to be operated by the applicant. 11SECTION 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 mor character and behavior such license shall be granted. "SECTION 26. 52 Appeal. If the Chief. . .of Police recommends not to grant the pplicant a license to operate billiard or pool tables for profit., the applicant shall P"tave the right to appeal to the City ~ommission within ten days from the date of sue !refusal which appeal shall be perfected by delivering to the City Commission a lette ~!Stating that an appeal from the decision of the Chief of Police is desired. The City ommission shall., within a reasonable time after receiving such notice of appeal, old a hearing thereon., and., after the hearing., sustain or reverse the decision of :the Chief of Police. If no appeal is taken from the finding made 'by the Chief of f olice within the ten day period provided,. the decision of the Chief of Police shall r e final. I "SECTION 26. 53 Expiration-Transfer. Such license shall be renewable Septe - per i, 1964., and on September 1st of each succeeding year thereafter. No person ls hall sell, transfer, alter or in any manner assign such license as may be issued. "SECTION 26. 54 Revocation. In addition to any other penalty provided by this ~ode, a license to operate a pool or billiard table for profit issued under the pro- lrisions of this Article may be revoked by, the City Commission, after a hearing is '-irst held after due notice to the holder thereof resulting in a finding that the holder of such license hE:Bdone any of the following acts: 1. Made any false statement in his application for a license to operate a pool or billiard table for profit. 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 o 26. 58 of this Article, or any State law relating to the operation of any such pool or billiard tables. 11SECTION 26.55 Minors Playing. No person who keeps., conducts or operates ny billiard or pool table for profit, or who keeps., conducts or operates any room r rooms wherein the same are keptjl conducted, or operated for profit whether the ~icensee or an employee or associate of the licensee shall permit or allow any mino !under the age of 17 years to play thereon,. or to be or remain in or frequent any ~uch room~ unless accompanied by his parent., guardian or an adult person responsib e or the conduct of such minor. "SECTION 26.56 Hours of operation. No person shall operafe or conduct any illiard or pool table for profit or allow or permit any room or rooms where the arne are kept and operated to remain open for business or open to ~the public or !Private persons before the hour of 8 otclock A. M,. on week days and Saturdays, or f fter the hc:)Ur of 12 o1clock Midnight on week night~ and Saturdays; before the hour f 12 P.M .. · on Sundays or after the hour of 10 P.M. on Sundays. ttSECTION 26.57 Minors-Curfew. It shall be unlawful for any person licensed !hereunder or who operates, maintains or manages any room or rooms where pool br billiard tables are kept and operated for profit.. to allow or permit any minor bnder the age of 17 years to be or remain in any room, w~ere pool or billiard tables ~re kept and operated for profit before t~e)10ur of 4 P. M. on days when public scho s re in session or after the hour of 10 P.M.· on the night immediately preceedings an chool day. .... \ "SECTION 26.58 Same-Penalty. Any minor under the age of 17 years who sha e found playing or using any such billiard or pool table or who remains in or fre- quents. any room where the same are kept, operated for profit and is not accompanie y the parent or guarciin or a responsible adult person shall be fined not more than 100 for each offense • "SECTION 26.59 Betting-Penalty. It shall be unlawful for any person to wager r bet upon the outcome of any game or contest6 or exhibition played upon any billia r pool table operated for profit; and any person who conducts or operates a billiard r pool table for profit who shall allow or permit any wager or bet upon the outcome f any contest., game or exhibition played upon such table shall be fined not less than $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~~ 26. 55, 26. 56~ 26. 59~ 26. 61 or 26. 62 of this Article shall e fined not less than $25 nor more than $200. nSECTION 26. 61 Exit Requirements. It shall be the duty of the owner or occu- pant in charge of any building or portion thereof where any billiard or pool table 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 pf 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 uExit" 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 durin 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 "SECTION 26. 62 License Posted. Any license issued or granted under the terms of this Article shall be posted by the holder thereof in a conspicuous place near the entrance of any room or rooms where pool or billiard tables are operated., ' maintained or kept for profit. Failure to comply with the duty imposed by this section is hereby declared to be unlawful. "SECTION 26. 63 Severability. If any section~ subsection, paragraph, sentence clause~ phr:as:e; or word in the Article~ or application thereof to any person or cir- cumstance is held invalid, such holding shall not affect the validity of the remaining portions of this Article~ and the City Commission hereby declares it would have passed such remaining portions despite suah invalidity,. SECTION 26. 64 The fact that public necessity and convenience requires that this ordinance be passed as an emergency measure for reasons set forth in the preamble hereof .. the rule req'liring that no ordinance shall be finally passed on the ~ day of its introduction is suspended~ and this ordinance is declared to be an emerge cy measure to take effect from and after its passage.11 t,' -~NDJTl~~Q9~~R~p~ Passed unanimously by the City Commission this 22nd day of August., 19 63. ATTEST: La venia