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