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HomeMy WebLinkAboutORD 2341,. · .... : • ' ORDINANCE NO. 2341 ORDINANCE OF THE COUNCIL .OF THE CITY OF PALO ALTO AMENDING CHAPTER 9 OF THE PALO ALTO MUNICIPAL CODE RF.GULATI NG BILLIARD A?-c'll POOL ROOMS, CARD ROOMS, AND BOWI.tNG ESTABLISHMENTS The Council of ,the; _City of Palo Alto does ORDAIN as fol laws: -,_ SECTION 1. Chapter 9, Billiard and Pool Rooms; Card Rooms, and Bowling Establishments, of the Palo Alto Municipal Code, is her.eby amended as set forth in EXHIBIT B .attached h~reto and made& part hereof by reference. SECTION 2. }'his ordinance shall become effective upon the e:r.:~irat:ion, of thirty days from it-s passage. INTRODUCED: February 27, 1967 PASSED: Mat"ch 13, 1967 AYES.: UnahiHous NOES: None --ABSENT: Comstock·, Dias, Rus, 'Woodward -_t -_.._, _--~ '> ! ;,_ . -·~. ~ ; ·' /, . ,. CHAPTER 9 SECTION 9. 01 9.02 -9.03 9.04 9.05 9.0Q 9.07 9.08 9.09 9.10 • Chapter 9 Table of Contents BILLIARD ROOMS; CARD ROOMS; BOWLING ~STABLISHMENTS Definitions 'License Requirements Minors on Premises Uo:urs of Operation .. ~ . . _ .. Unauthorized Use of Premises and Offensive Conduct In and Around Premises Prohibited. Free Access to Officers Personnel Construction Requirements · Suspension or Revocation of License; Other Penalties l,icense Term and Fee ·'· .. · . -_.' • CHAPTER 9 BlLL"iARD ROvi.'\$; CARD ROOMS; BOwL:.'.\G ESTABLISHMENTS sE:c. 9. o 1 DEFI~ITIO?-.S . .. . __ The. cfollowing __ wor.ds __ and_phrasest_whenever used_in this Division, shall be constru~d as defined in this section: _ a. 11 Bi lliard Room" shall mean any establishment open to the public for the lawful playing of billiards, poCJl, ·snooker~·-and other ·s imiiar games; ·whether or not the tables· · for p la}ing s-.ie:h gamBs are of regulation size and regardlesa of whether the playing of such games constitutes the principal business upon the pre~ises. b, "Card Room 11 shall.mean any ro;.Jm open to-the public for the lawful playing of c:ards, regardless cf whether the tables, chairs, and other .Eu.n1iture arrl fixtures are temporary or permanent, or at times us~d for other purposes . . ', ... c. ''Bowltn~ establishmE:nt" shall mean .~ny building or structure Tn whic is locateaone or more bowling alleys which are open co the public. SEC. 9.02 LICENSE REQUIREMENTS •. a. :License Requir!2.. After sixty (t)O) ·days from the passage ·of -this ordinance, no person shall construct, install, expand, operate or main­ tain a bi.lliard.room, card-room, or bowling establishment, inc h,1ding thh~e ·in existence or operation prior to the effec­ tive' date of ·this ordinance, without obtaining a license to do so. .-:·he provisions of" Chapcer 3 of this -Code shall apply to the 1 icens tug of stidl_ rooms' and establishme'nts and to the -rer:e'(4al, suspension, 'or revocation of licenses. · >-.· . b. . ,Contents of Aeplication. Any person desfring a license for a billiard room, card room, bowling establishm~nt, ot a'ilY combination thereof, shall file an application ·for a li~ens~ with the Chief·of Police. In addition to the requirements, of Chapter 3, the application shall contain the following: ·;· -~' . . 1) .. ~11etl)er the premises ~s to be used as a bill tard room, car" rorjm, bowling establishment' or comliina- ·. tion· thereof;· · · · . . 2) I . Whether. al coho lie'. bevel' ages are to be SO ld · · on the premise,r;J.'' • 3) Name, address, and/or principal place of busi­ ness of the applicant; . . 4) ---~'-:1s_i11~-~-s '?~E~~~tJ_()_~ -~~e _aJ)plicant (corporation, --·partnership,-sole proprietorship or other); · · ------ 5) Name·, address and age of manager. ot' managers; 6) Location; 7) Proposed hours of operation; 8) Land use zone applicable to proposed facility; 9) Such other information respecting the proposed facility as the Chief of Police shall deem reasonably necessary to effectuate the purposes of this di vis iotY and to -arrive at a fair determination of whether therc:: ls or will ·be compliance ·· with t!le terms of th:i..s Code. -· SEC. 9.03 MINORS ON PREMISES a. General Pr.oyisions. It shall be unlawful for any minor to be upon the premises of any card room, billiard room or bowli.ng establishment, and no person owning or oper~ting any such place shall p~_nnit any minor to be upon such premises, except as provided-in this section. This section shall not be construed to prevent any owner or operator of such place from establishing more restrictive ticuL~s for . minorso The Chief of Police shall have the right to require the ·exclusiori of minors or. to· impose 'more lit~d.ted ho·..irs· during which mil'!ors are permitted in ·a card rooni"billiard room, or bowling establishment if he determine,s that inadequate pre-, cautions exi:..n· to pr~vent the ~.ale, possession,. or consumption of alcoholic beveragei::: 'by mino.rs upon such premises., b~ Card Rooms. No minors shall be permitted at any time in any card room. c. Billiard a11c1 ·p9ol Rooms. 1) Minor·s 18 years o~ age and older may be per­ mitted upon the premises from 8:00 a.m. to 2:00 a~m • . _ · 2) Minors at least 16. years of age ]?u{ under. 18 .,years 9f age may be· permitted upon t:he premises from 8: 00 a. m • . until 10:00 p.m., except that on any Friday or Saturday night, ··.· O'r on anv night p~eceding a state or nati,.on~l holiday, such ·.minors may' be permitted until 12,: 00 midnight. - 2 - EXUIB!T '11 B·11 3) Minors under 16 years of age shall be permitted upon the premises until 10:00 p.m. if no alcoholic beverages are sold anywhere on the premises. u-c-----d ~ ~-Bowltng-Establishments. 1) Subject to the requirements and restricti.ons of subsection a. of this section, minors 18 years of age or older may be permitted upon the premises at any time it is open to t:he public:. 2) Minors at: least 16 years of age, but under 18 years, may be permitted upon the premises from 8:00 a.m. until 1.2:00 midnight. 3) Minors under the age of i6 years may be per­ mitted upon the premises until 10:00 p.m. SEC. 9.04 ·HOURS OF OPERATION a. Gene:ral Provision. Billi.ard rooms and card rooms shall remain closed from 2:00 a.in. to 5:00 a.m., except as provided herein. · b. Billiard Rooms; Exceptions, Special Permit. _ Th~ Chief of Police may, upon written application therefor~· in such fonn and containing information as said ', Ch:Lef shall require, issue a special permit "Lo any person, firm, corporation, association or other legal entity, holding a valid permit for a billia·rd rC'om, allowing said permit ·-· holder the right.· to remain open longer hours than specified in Section,;~1 .02, providing that: 1) Said billiard room is on the ground floor; ·2) At least: 50. percent of the front wall is of clear glass, unobstructed by blinds, screens, shades or other devices; for the purpose of this subaectlon, "front wall" shall mean that wall facing the street, or if there is'nQ such wall, that wall facing the area provided for public parking for patrons; 3) No alcoholic beverages are sold or consumed on the premises during such extended hours; · 1 ·. 4) The general decor; illumination, atmosphere and environment ::;hall be in the.opinion of the Chief of Police, compatible to the public peace., order, and welfare; - 3 - EXHIBIT 11 B 1 ~; • SEC. 9~05 UNAUTHORIZED USE OF PREMISES AND OFFENSIVE CONDUCT !_N i\ND ARQQND PREM!SES PRO!{!BITED. -. a. No_ licensee shall permit or otherwise ?llow any - _________________ , ~conduct,~ ac_tivi_t)', _ot'__~gncl!~_i._()~ 1.!Pf>n _ !=_!!e premises_ wh~ch singly . or collecti.vely shall be so noisy or other-wfse-offens1ve-a.s·-to _______ --------- disturb the quiet and good order of the premises or of the neighborhood. b. The licensee shail have the right to refuse ad-·. --mission to anyone._ -Those to whom admisston_is refuse(f shall_· leave the premises immediately and shall not return for a · period 6f at least 24 hours. c. No licensee shall harbor, admit or permit to enter or remain on the premises any lewd. or dissolute person,_ or any person under the influence of narcotics, or any intoxicated person; and no such person shall enter upon or remain upon such premises~ · SEC. 9.06 FREE ACCESS TO OFFICERS No licensee, or any.other person shall·prevent·any City, State or Federal Peace or Fire Prevention officer, or Building Official or Inspector~ charged with the duty of enforcing ."the laws of their respective jurisdictions· from having free access to the premises at all times it is ·open to the·public, and at all other reasonable time~. SEC. 9.07 PERSONNEL . a.. N'o perso~ shall operate a billiard room, card room or bowling ·establishment unless there be present at all times . it is open to the public at least one person twenty-one (21) years of· age 01· older wgC1 is devoting his entire time and attention to the ~.(!t~vity on t.he premises.. -· . b. No person· shall be employed ir:'·i any capacity at any billiard room, card room, or bowling establishment unless such person:. 1) Is at least 18 years of 2) Is of good charac tei ;' 3) Has read ·sec.tions 9.04 ·chapter;· SEC. 9. 08 CONSTRUCTION RJfCiUiREMENTS_ age; througl} ' ,_ 9.07 of this a.,, All 'games in billiard· rooms,, card rooms 1:·and · bowling ·ea·t:~bllshments shall be carried on in a s ngle ~ 4 - EXH:lBIT "B" \ • • \ well--lighted and well-ventilated room in plain view of all persons. , b. All billiard rooms, card rooms, and bawi:lng a].leys ··-_ ~--.. ·-----------------shcill~-be--·on.~-the~ground 'floor·ancI-liave-at-ieastone! -entrance ___ --- and e:·dl: opening upon either the public street or upon the parking area facing the public street. c. In cases of future construction of card roOntS or billiard rooms:..-at -le~st.501 .. _ o_f_the_front_wall~shall-be-.. -------.---------.------ 0-fcTear gla-ss-~-unobstructed by shades, screens or blinds. --· "Front wall" shall mean that wall facing and-visible from .. · the stree~; if there is no such wall, then_ that wall facing · and visible from the park:Ln~ area provided 'for patrons. SEC. 9.09 SUSPENSION_OR REVOCATION OF l.ICENSEi OnfER PENALTIES. . a. The provisions of Chapter 3 of this Code, as well as of this Chapter, are hereby declared to apply to sus­ pensions or revocations of licenses for billiard rooms, catd ro0ms, ot' bowling establishments. . b. In addition to any other remedy p1·ovided by Chapter 3 of this Code, the City Manager shall have the right, for any violation.--of the dtlties of a -.licensee 1 to impose a curfew from the hours_ of __ 12;00 midnight to tS:OO a.m., or such lesser time as he may deem appropriate. c. ViolatiOilcS of Sections 9.02a, 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of this Chapter are hereby declared to be misdemeanors. SEC: 9.10 LICENSE TERM AND FEE . , .. Licenses -for billiard rooms,-· card ro,oms, OJ;". bowling establishments shall be issued''for one year. The annual fee sh al 1 be $ 25 • 00 • --.5 .- ~ . ~ . ' ~ . -· EXHIBIT "B" l . -. ' ''• !