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1963-019 NO. fl~' ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DE~TO~, TEXAS, SO AS TO PROVIDE R~GU.T.,~TIONS SUPERVISING, CONTROLLING ~ LICENSING OWNERS AND OPERATORS OF BILLIARD TABLES IN THE CITY OF DE~TO~, TEXAS, DEFINING BILLIARD TABLSS, PROVIDING A PE~ALT~ ' OF A FINE OF NOT LESS THAN FIVE DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS FOR EACH VIOLATION OF THE TERMS OF THIS ORDINANCE, PROVIDING THAT EACH DAY ANY SUCH I VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE, PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS' SECTION 1 That pursuant to the authority contained in Acts 1963, 58th Leg , p 114, ch 64, the Code of Ordinances of the City of Denton, Texas, is hereby amended so as to include a new Article 10 0lA in Chapter 10 of said Code of Ordinances which shall hereafter read as follows~ :'ARTICLE 10 0lA BILLIARD TABLES (a) Definition 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 Re~u,!,red (1) It shall be unlawful for any person, firm, association of persons, or corporation, to own or operate a billiard table within the incorporated lkmits of the City of Denton, Texas, unless and until a license shall first have been issued by the City of Denton 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 (c) License Ter~, (1) Ail 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 th~s Article unless and until the applicant shall present the City Secretary with satis- factory proof that the annual occupation taxes levie~/!by the State of Texas and the City of De~bn, 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 (d) Application for License Any person, firm, association of persons, or corpora- tion de~iring a license to own or operate one or more billiard tables at any single location in the City of Denton, Texas, shall file with the City Secretary a written, sworn application for such license stating- (l) 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 Denton, (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 (e) Ten Day Investiqation Period Ail applications for licenses under the provisions of this Article shall be on file at least ten (10) days prior to the issuance of any such license in order to allow sufficient tame for investigation of the facts stated in the application (f} Effect of Misrepresentation in A~licatlon for License (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 (2) Any such misrepresentation shall, in addition to the other penalties prescribed by law, 3ustlfy the revocation of any license granted pursuant to such application (g) Issuance and F~ndlin~ of License (1) No license shall be issued under the terms of of this Article unless and until the premises, place or buslnes~ complies with all laws of the State of Texas, and all ordinances of the Clty of Denton 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 llcense 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 (h) Closing Time Premises licensed under the terms of this Article shall not remain open between the hours of 12.00 m~r~l§ht and 8-00 a m on the following day, and no premises licensed hereunder shall x~m~ open or operate at any time ~fa~e~r00 p m on Sunday (i) 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 (J) Police Regulati,on~ (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 Denton (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 polzce (k) Aqe Limit (1) No person under the age of 16 years shall be permitted to attend or take part in any game played upon a blllzard table licensed under , terms of this Article unless such person zs accompanied by a parent or guardian (2) It shall be unlawful for any person to falsely ~epresent himself to be either a parent or guardian of any minor under the age of 16 years for the purpose of galning admzssion of such minor into such licensed premzses (1) Licensee's Duty It shall be the duty of each lzcensee to prevent violations of the terms of this Article, and a failure to do do shall constitute sufficzent cause for revocation of any l~cense granted hereunder (m) APPeal from Revocation or Refusal of Licens9 If any person, firm, association of persons, or corporation, applying for a lzcense hereunder ~s refused such, or after such license is ~ssued, ~t 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 expiratzon of sazd ten (10) days the applicant or licensee shall fzle with the City Secretary a written appeal addressed to the City Council of Denton, in whzch it is requested that said Council grant him a hearing on such refusal or revocation, which said appeal, zf made as pre- scribed herein, shall operate as a stay, zn case of revocation, said hearing shall be held by the City Council within thirty (30) days after the date of the flllng of such appeal, and the action of the City Council at such time shall be final and con- clusive as to all parties (n) Private Billiard Tables The provisions of this Article shall not apply to billiard tables which are not operated for profit at private homes, to bzlliard tables which are not operated for profzt by religious, charitable or educational organizations authorized under the laws of the State of Texas, or to billzard tables which are not operated for profit by schools, colleges and other institutions of learnzng, provided, however, that the exclusions provzded by this subsection shall not apply unless the use of any such bzllmard table ms restricted to reszdents of such private homes, members of such religious, charztable or educatmonal organizations, or institution of learnzng, and their lnvzted guests, and where the general public zs excluded from such use SECTION 2 'That any person, association of persons, firm or corporation violating any provision Of this Ordlnance shall be fined upon conviction any amount not less than Five Dollars ($5 00) nor more than One Hundred Dollars ($100 00), and each day any such violation continues shall constitute a separate offense SECTION 3 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 3ur~sdict~on, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the' City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTIgN 4 That this Ordinance shall become effective fourteen (14) days from the date of its'passage, and the C~ty Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of · ts passage PASSED AND APPROVED this 27th day of August, A D. 1963 Mayor City of Denton, Texas ATT~: / / ~i~ SeCretary City of Denton, Texas APPROVED AS ~O LEGAL FORM: ~ty ~to~ney City of Denton, Texas