O-71-3-67CITY OF ALLEN, ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE REGULATION,
SUPERVISION, CONTROLLING AND LICENSING OF
OWNERS AND OPERATORS OF BILLIARD TABLES IN
THE CITY OF ALLEN, TEXAS; PROVIDING FOR AN
ANNUAL TAX FOR EACH BILLIARD TABLE; PROVIDING
FOR LICENSING FEES; PROVIDING FOR THE REVOCATION
OF LICENSES ISSUED; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF NOT MORE THAN
$200.00 FOR EACH VIOLATION OF THIS ORDINANCE;
PROVIDING FOR THE PUBLICATION OF THE CAPTION OF
THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1: Definition: A billiard table is
defined as any to a surrounded by a ledge or cushion
with or without pockets upon which balls are impelled
by a stick or cue.
SECTION 2: License Required:
(1) It shall be unlawful for any person,
firm, association of persons, or corporation, to own
or operate a billiard table within the incorporated
limits of the City of Allen, Texas, unless and until a
license shall first have been issued by the City of
Allen for such ownership or operation.
(2) Licenses shall be issued by the City
Secretary only when the conditions of this Article have
been complied with and the certificate and approval of
the Chief of Police appears on the application.
SECTION 3: License Terms:
(1) All licenses issued under the terms of
this Article shall terminate on December 31st of each
year.
(2) No license shall be issued under the
terms of this Article 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 Allen, Texas, for each
table covered by the license applied for have been paid
in full.
(3) Licenses issued under the provisions of
this Article shall be deemed personal to the licensee
and shall not be transferable from person to person
or from place to place.
CITY OF ALIEN, TEXAS, ORDINANCE NO. _ Page 2
SECTION 4: 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 Allen, Texas,
shall file with the City Secretary a written, sworn
application for such license stating:
(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,
of if so, the nature of the offense and the result of the
conviction, and the length of his residence in Allen;
(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;
(4) previous occupation or employment of each
person mentioned in subsections (2) and (3) above for a
period of five (5) years next preceeding 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.
SECTION 5: Twenty -One Day Investigation Period:
All applications for licenses under the provisions of
this Article shall be on file at least twenty-one (21)
days prior to the issuance of any such license in order
to allow sufficient time for investigation of the facts
stated in the application.
SECTION 6: Effectof Misrepresentation in Application
for icense:
(1) 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.
CITY OF ALLEN, TEXAS, ORDINANCE NO. Page 3
(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.
SECTION 7: Issuance and Handling of License:
(1) No license shall be issued under the terms
of this Article unless and until the premises, place or
business complies with all laws of the State of Texas,
and all ordinances of the City of Allen regulating health,
sanitation, fire, building and zoning.
(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 licensed premises.
(4) 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.
SECTION 8: Closing time:
Premises licensed under the terms of this Article
shall not remain open between the hours of 12:00 midnight
and 8:00 a.m. on the following day, and no premises
licensed hereunder shall open or operate at any time on
Sunday.
SECTION 9: Prohibited Persons:
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.
SECTION 10: Police Regulations:
(1) Free access and entrance into any premises
licensed hereunder shall at all times be accorded and
granted to police and other officers of the City of Allen.
(2) The Chief of Police 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.
CITY OF ALLEN, TEXAS, ORDINANCE NO. _ Page 4
SECTION 11: Age Limit:
(1) No person under the age of 16 years shall
be permitted to attend or take part in any game played
upon a billiard table licensed under terms of this
Article unless such person is accompanied by a parent
or guardian, or the licensee has the written consent of
the parent or guardian of such person under sixteen (16)
years of age.
(2) It shall be unlawful for any person to
falsely represent himself to be either a parent or guardian
of any minor under the age of 16 years for the purpose
of gaining admission of such minor into such licensed
premises.
SECTION 12: Licensee's Duty:
It shall be the duty of each licensee to prevent
violations of the terms of this Article, and a failure
to do so shall constitute sufficient cause for revocation
of any license granted hereunder.
SECTION 13: 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 Allen 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.
SECTION 14: Private Billiard Tables:
The provisions of this Article 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; 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 educationsl organizations, or institution of learning,
and their invited guests, and where the general public
is excluded from such use.
CITY OF ALLEN, TEXAS, ORDINANCE NO. _ Page 5
SECTION 15: That any person, association of persons,
firm or corporation violating any provision of this Ordinance
shall be fined upon conviction any amount not more than
$200.00, and each day any such vitiation continues shall
constitute a separate offense.
SECTION 16: There is hereby levied and assessed
against every person, firm and corporation owning and
operating for profit billiard tables in the City of
Allen, Texas, an annual occupation tax in the amount of
$2.50 for each billiard table, due and payable on or
before January 1st of each year, and in addition thereto
there is hereby levied and assessed a licensing fee on
every person, firm or corporation operating billiard
tables for profit in the City of Allen, Texas, an annual
licensing and inspection fee in the amount of $2.50
for each billiard table, which fee shall be due and payable
on or before January 1st of each year.
SECTION 17: That if any section, subsection,
paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstances
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 Allen, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 18: The caption of this Ordinance shall be
published one (1) time in a newspaper having general
circulation in the City of Allen, Texas, and shall be
effective immediately upon its passage and such publication.
PASSED AND APPROVED by the City Council of the
City of Allen, Texas, on this the day of ,
1967•
Gentry I. Jones, Mayor
CORRECTLY RECORDED:
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