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1964-1-Ordinance-Providing Regulations for Billiards-01/06/1964ORDINANCE N0. 1964-1 AN ORDINANCE PROVIDING REGULATIONS SUPERVISING, CONTROLLING, AND LICENSING OWNERS AND OPERATORS OF BILLIARD TABLES IN THE CITY OF SANGER. TEXAS; DEFINING BILLIARD TABLES; PROVIDING A LICENSE FEE; PROHIBITING DOMINO GAMES ON PREMISES ?.^THERE BILLIARD TABLES ARE LICENSED FOR OPERATION; PROVIDING A PENALTY OF NOT LESS THAN FIVE DOLLARS OR MORE THAN ONE HUNDRED DOLLARS FOR EACH VIOLATION OF THE TERMS OF THIS ORDINANCE; PROVIDING THAT EACH DAY ANY SUCH VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS, HEPrEBY ORDAINS: SECTION 1 (a) Definition of Billiard Tables. A billiard table is defined as any table surrounded -by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue. (b) License Required. (1) It shall be unlawful for any person, firm, or association of persons, or corporation, to own or operate a billiard table within the incorporated limits of the City of Sanger, Texas, unless and until.a license shall first have been issued by the City of Sanger for such ownership or operation. (2) Licenses shall be issued by the City Secretary only when the conditions of this ordinance have been complied with and the certificate and approval of the City Marshal appears on the application. (c) License Terms. (1) All licenses issued under the terms of this ordinance shall terminate on December 31st of each year. (2) No license shall be issued under the terms of this ordinance unless and until the applicant shall present the City Secretary with satisfactory proof that the annual occupation taxes levied by the State of Texas and the City of Sanger, Texas, for each table covered by the license applied for have been paid in full. (3) Licenses issued under the provisions of this ordinance shall be deemed personal to the licensee and shall not be transferrable from person to person or place to place. (d) Application for License. Any person, firm, association of persons or corporation desiring a license to own or operate one or more billiard tables at any single location in the City of Sanger, Texas, shall file with the City Secretary a written, sworn application for such license stating. -l- (1) The location by street and number of the place which is proposed to be used, for what purpose said place is to be used, and the name and address of the applicant; (2) if the applicant is an individual, that he is a law-abiding person, that he has never been convicted of a felony or a misdemeanor involving moral turpitude, or if so, the nature of the offense and the result of the conviction, and the length of his residence in Sanger; (3) if the applicant is a corporation, firm, association of persons or partnership, the names and addresses of the principal officers, owners, operators, or partners; (1�) previous occupation or employment of each person mentioned in subsections (2) and (3) above for a period of five (5) years next preceding the filing of the application; and (5) the number of billiard tables proposed to be owned or operated on the licensed premises together with a floor plan of the building in which such tables are to be located showing the location of each such table and the use of each room in the building. for Application for License. Each application for a license under the provisions of this ordinance shall be accompanied by a fee of $25.00, payable to the City of Sanger, which fee shall not be returnable, irrespective of whether or not said application for license is granted. Annual renewal applications for licenses under the provisions of this ordinance shall also be accompanied by a fee of $25.00 payable to the City of Sanger. (f) Ten Day Investigation Period. All applications for licenses under the provisions of this ordinance shall be on file at least ten (10) days prior to the issuance of any such license in order to allow sufficient time for investigation of the facts stated in the application. (g) Effect of Misrepresentation in Application for License. (l) The information required of applicants for licenses is for the purpose of determining whether or not the persons operating the licensed premises are fit and proper persons to be so licensed, and it shall be unlawful to misrepresent any fact in such application. (2) Any such misrepresentation shall, in addition to the other penalties prescribed by law, justify the revocation of any license granted pursuant to such application. (h) Issuance and Handling of Licenses, (1) iVo license shall be issued under the terms of this ordinance unless and until the premises, place or business complies with all laws of the State of Texas, and all ordinances of the City of Sanger regulating health, sanitation, fire, building and zoning, nor untilthe fees prescribed in this ordinance for applications for licenses have been paid. (i) (j) (k) (1) (2) No license shall be issued for the ownership and operation of billiard tables on any premises where a hotel, rooming house or lodging house is conducted in the same building. (3) Every license issued shall be upon the express, written condition that it shall be automatically revoked by the sale, purchase, possession, or use of any alcoholic beverage on, in, or about the leased premises. (�.) The license herein provided for shall state on its face to whom it is issued, the date of issuance, the expiration date, the address and location of the business or premises, and the number of billiard tables permitted on the licensed premises. (5) Each license shall be signed and sealed by the City Secretary and shall be posted by the licensee in a conspicuous place at or near the entrance to the premises licensed. Closing Time. Premises licensed under- the terms of this ordinance shall not remain open between the hours of 12:00 o'clock P. M. and 8:00 o'clock A. M. on the following day, and no premises licensed hereunder shall remain open or operate at any time on Sunday. Domino Games Prohibited. It shall be unlawful for any games of any kind t o premises licensed under Prohibited Persons, any licensee hereunder to permit be played with dominoes on any the terms of this ordinance. It shall be unlawful for any licensee hereunder to permit any known prostitute, procurer, beggar, drunkard, or criminal character to be present, or participate at or in any place or business licensed hereunder. Police Regulations. (1) Free access and entrance into any premises licensed hereunder shall at all times be accorded and granted to the City Marshal and other officers of the City of Sanger. (2) The City Marshal shall at regular times to be designated by him, and at least once a week, cause all places and businesses licensed hereunder to be visited and investigated by the police. Age Limit. _ (1) No person under the age of J,,B'" years shall. be permitted to attend or take part in any game played upon a billiard table licensed under terms of this ordinance unless such person is accompanied by a parent or guardian. (2) It shall be unlawful for any person to represent himself to be either a parent or guardian of any minor under the age of 18 years for the purpose of gaining admission of such minor into such licensed premises. CITY SECRETARY -3- ICING. COPY (n) Licensee's Duty. It shall be the duty of each licensee to prevent violations of the terms of this ordinance, and a failure to do so shall constitute sufficient cause for revocation of any license granted hereunder. �p� .Appeal from Revocation or Refusal of License. If any person, -firm, association of persons, or corporation applying for a license hereunder is refused such, or after such license is issued, it is revoked, such refusal or revocation shall become final after the expiration of ten (10) days from the date of such refusal or revocation, unless on or before the expiration of said ten (10) days the applicant or licensee shall file with the City Secretary a written appeal addressed to the City Council of Sanger, in which it is requested that said Council grant him a hearing on such refusal or revocation, which said appeal, if made as prescribed herein, shall operate as a stay, in case of revocation; said hearing shall be held by the City Council within thirty (30) days after the date of the filing of such appeal, and the action of the City Council at such time shall be final and conclusive as; to all parties. (p) Private Billiard Tables. The provisions of this ordinance shall not apply to billiard tables which are not operated for profit at private homes, to billiard tables which are not operated for profit by religious, charitable, or educational. organizations authorized under the laws of the State of Texas, or to billiard tables which are not operated for profit by schools, colleges, and other institutions of learning, or to billiard tables which are not operated for profit by the Fire Department of the City of Sanger; provided, however, that the exclusions provided by this subsection shall not apply unless the use of any such billiard table is restricted to residents of such private homes, members of such religious, charitable or educational organizations, or institution of learning, members of said Fire Department, and their invited guests, and where the general public is excluded from such use. SECTION 2. That any person, association of persons, firm or corporation violating any provision of this Ordinance shall be fined upon conviction any amount not less than Five ($5.00) Dollars nor more than One Hundred (5�100.00) Dollars, and each day any such violation continues off ens e . shall constitute a separate SECTION 3. That if any section, subsection, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circ n.stances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Sanger, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION l .. That this Ordinance shall become effective fourteen (l .) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published in the Sanger Courier, the official newspaper of the City of Sanger, Texas, within ten (10) days from the date of its passage. PASSED AND APPROVED this 6 A.D. 196i . ATTEST: ,%' r , i- y secretary pity of Sanger, Texas AS TO LEG City of Sanger, Texas day of January , / 1'1 f V1 Cit f Sanger, Texas _5®