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Home My WebLink About11/19/1991 VICE MAYOR REFERRAL (PROPOSED oRDINANCES ONLY) DATE OF REFERRAL: November 19, 1991 REFERRED TO: BUDGET AND FINANCE COMMITTEE - JOHN W. STINSON ITEM: POOL HALLS (PROPOSEDI AMENDMENT TO CHAPTER 5.40 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO POOL HALLS. BACKUP MATERIAL ATTACHED: YES STATUS: TO COUNCIL COMMITTEE ON COMMITTEE REPORT NO. SENT TO COUNCIL ON PUBLIC HEARING ON ORDINANCE ADOPTED (DATE) PROPOSED ORDINANCE CANCELED (DATE) OTHER PLEASE RETURN TO JEAN IN THE CITY MANAGER'S OFFICE WHEN COMPLETED. cc: City Clerk City Attorney REFER91.16 MEMORANDUM November 13, 1991 TO: VICE-MAYOR KEN PETERSON FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY'i~ SUBJECT: AMENDMENT TO CHAPTER 5.40 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO POOL HALLS. Please refer the following proposed ordinances to whichevercommittee you deem appropriate: AMENDMENT TO CHAPTER 5.40 RELATING TO POOL HALLS. Background: Requirements for business regulatory permits under Municipal Code Title 5 are being updated and the ordinance format is being standardized. Standards were developed for permit issuance that are lacking in the current ordinance. An appeal procedure has been ,/~.~./ developed for denial of a permit. q\ LCM/meg ORD-REF\ POOLHALL.VM Attachment cc: Chief R. A. Patterson, Police Department Bill Descary, Treasurer .DRAFT 11/7/91 . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.40 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO POOL HALLS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.40 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.40 POOL HALLS Sections: 5.40.010 Definitions. 5.40.020 Permit required. 5.40.030 Application - Issuance - Fee. 5.40.040 RegulatiOns. 5.40.050 RevocatiOn. 5.40.060 Appeal~ 5.40.010 Definitions. Whenever used in this chapter, unless a different- meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Pool hall" means any public place wherein equipment for the playing of billiards, pool or other similar games is kept or maintained for use by patrons. B. "Person" means any individual, partnership, corporation or association of any nature whatsoever. 5.40.020 Permit required. It 'is unlawful for any person to keep, maintain or operate a pool hall in the city in violation of this chapter, or without .having first procured and maintained a valid permit from the city manager or his designee. 5.40.030 'Application'- Issuance - Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be submitted no less than fourteen days prior to commencement of business, shall be signed under penalty of perjury by the applicant and shall require the following information: 1. The name, mailing address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number, and arrest record;' if any, of the applicant, all persons who will manage the business, and all persons having a financial interest in the business; 2. The name, mailing address and location of the business; 3. The business tax certificate number of the business; and 4. Prior permits held and whether .Such permits were ever revoked or suspended, and the reasons therefor. B. The city manager or his designee shall, in his discretion, issue a permit if he finds: 1. That the application is complete and truthful; 2. That neither the applicant nor any manager of the business nor any person having a financial interest in the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; 3. That neither the applicant nor any manager of the business nor any person having a financial interest in the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; 4. That the building and the business for which the application is made will be. maintained and conducted in accordance with all laws of the city and the state, including, but not limited to health, structural soundness, fire safety and zoning; 5. That a valid business tax certificate has been issued for this pool hall; -- 2 -- 6. That the applicant has not had a permit, issued under this section, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application. C. All permits issued under this chapter shall remain in effect until December 31. of the calendar year of issue, unless earlier suspended or revoked. All permits issued under this chapter and'in effect at the time of passage of the ordinance enacting this chapter, shall remain valid until December 31 of the year of such enactment, unless earlier suspended or revoked. D. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Section 3.70.040. E. Permits may be issued with conditions to ensure that the poolhall will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. 5.40.040' Regulations. A. No pool hall shall operate at any time unless there is displayed in a location clearly visible to the public a valid permit, issued pursuant to the provisions of this chapter, to so operate. B. Any permit issued pursuant to this chapter shall be non-transferrable, and shall be valid only as to the applicant and location provided on the application for such permit. C. No person under the age of eighteen years shall be permitted to be in, remain in, enter or visit any pool hall if any alcoholic beverage is sold, served or consumed on the premises. D. It is unlawful for any person under the age of eighteen years to visit, enter or remain in or about any public pool hall where any alcoholic beverage is sold, served or consumed. E. No card tables or cardplaying of any description whatsoever shall be permitted or allowed in any pool hall, nor shall any pool hall be operated or maintained adjacent to any place where cardplaying is allowed. F. No person who is intoxicated shalI be permitted in a pool hall. - 3 - G. No person shall conduct or operate, or permit to be conducted or operated, a pool hall between the hours of two a.m. and six a.m. of the same day, nor .shall any person, except the owner, manager or employee be, or remain, on the premises of a pool hall between the hours specified in this section. These hours shall not apply to any establishment having four or fewer pool or billiard tables where the establishment is a restaurant or cafe which remains open to the public for twenty-four hours per day. 5.40.050 Revocation. 'Any permit issued pursuant to this chapter shall be immediately revoked by the city manager whenever he finds: A. That misrepresentations were made on the appli- cation; or B' That the applicant has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; or C. That the applicant has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 5.40.060 Appeal. A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or for the revocation of a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager, which decision shall be final and conclusive. - 4 - B. Pending the hearing before the council, the decision of the city manager shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. o0o - 5 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MR. DDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg BUS-ORD\ POOLHALL.O-2 12/17/90 11/7/91 - 6 -