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HomeMy WebLinkAboutOrdinance to License Pool Rooms, Pool Halls, Billard Rooms and Billard HallsORDINANCE No. 4447 -62 Passed by the Common Council of the City of South Bend, MARCH 26 M. Presented by me to the Mayor of the City of South Bend, Approved and signed by MARCH 27 19__62 Clerk of Common Council MARCH 27 62 I DEAL.41694. PRESS Clerk ORDINANCE NO. /'la A AN ORDINANCE TO LICENSE POOL ROOMS, POOL HALLS, BILLIARD ROOMS AND BILLIARD HALLS BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. No person, firm, or corporation, shall operate or permit to be operated within the City of South Bend, any pool halls, pool rooms, billiard halls or billiard rooms, without having first obtained a license from the City Controller under the provisions of this ordinance. SECTION II. All persons desiring a license to operate such pool halls, pool rooms, billiard halls or billiard rooms within the City of South Bend, shall comply with the following terms, conditions and obligations: If an individual or partnership. -- (a) Be a citizen of the United States of America or have declared his intention so to become within six years after such application. (b) Be of the age of twenty -one years or over. (c) Be of good moral character. (d) Fill out and submit to the City Controller a veri- fied application, on a form to be prescribed by that official, giving the above information and such other data requested thereon, including full name, address, age, citizenship status, record of arrests and convic- tions and references of at least two resident house- holders acquainted with the applicant and his moral character. In the event the applicant is a corporation, that all stockholders of said corporation, as well as the manager of the establishment of said corporation, fill out forms as set out above. SECTION III. Upon receiving such verified application for license properly made out and executed, as required in the immediately pre- ceding section, the city controller shall, within one week of the time of receiving such application, submit the same to the chief of police. The chief of police shall make, or cause to be made by such other police officer as he may designate, an immediate investigation concerning the truth or falsity of the information contained in such application and report the result of such investigation to the city controller within seven days from the date of receiving the application from the controller. This report shall contain the result of the investigation, in- cluding the applicant's record of arrests and convictions, if any, and all other information requested in such application. Upon receiving such report from the chief of police, the controller shall within seven days either grant or reject such application. If he shall reject such application it shall be his duty to submit forthwith the original application, the report of the police chief and a written statement of his reason for rejecting such application to the board of public works and safety. Upon receiving such application and report, the board of public works and safety shall at its next regularly scheduled meeting determine whether or not such license shall be granted. If the board determines that such license shall be granted, it shall so instruct the city controller and the city controller shall thereupon issue such license. If the board determines that the license shall not be granted, it shall at such meeting set a time, not more than ten days from the date of such meeting, for a hearing on the application for license and shall notify the applicant of the time and place of such hearing. SECTION IV. On the date of the hearing, as required by the immediately preceding section, the applicant may be present and may be accompanied by an attorney or any other representatives. The board shall thereupon conduct a full hearing and shall determine whether or not such license shall be granted. In conducting the hearing the applicant may adduce such evidence before the board as may be applicable in the case. In reaching its decision the board shall give due consideration to any such factors as determine the quali- fications of the applicant to meet the requirements as set out in Section II above. In conducting any hearings, the board shall not be bound by the common -law rules of evidence but may admit such evidence which in its discretion it feels will aid it in reaching its decision. The board may adopt such rules of practice and procedure as may be necessary. -2- SECTION V. Upon satisfactory fulfillment of the foregoing require- ments and payment of the proper fee as provided in Section VII below, it shall be the duty of the city con- troller to issue each applicant a pool room, pool hall, billiard room or billiard hall license. This license shall be in such form as to contain a blank space for the signature of the licensee and a blank space upon which a record may be made of any arrest, conviction or complaint against such licensee. Such license shall be signed by the licensee in the presence of the city controller. Each pool room, pool hall, billiard room, or billiard hall license shall be signed by the city con- troller or his deputy, sealed with the seal of the city controller and have upon it a number to be selected by the city controller bywhich such license shall thereafter be designated and known. SECTION VI. Any licensee who defaces, removes or obliterates any official entry made upon his license shall be deemed guilty of a misdemeanor. SECTION VII. The applicant for a pool room, pool hall, billiard room, or billiard hall license shall pay to the city controller the sum of Five ($5. 00) Dollars, per table before such license is issued. SECTION VIII. The pool room, pool hall, billiard room or billiard hall license shall be issued as of January 1st of each year and shall be valid to and including December 31st next following. SECTION IX. The City Controller shall, upon fulfillment of the require- ments necessary to obtain the original license, cause the renewal of a pool room, pool hall, billiard room, billiard hall license from year to year by endorsing thereon: "License renewed until the 31st day of December, 19..." For each renewal such licensee shall pay to the city controller the sum of Five ($5. 00) Dollars per table. SECTION X. This ordinance shall be in full force and effect from and after its passage by the Common Council, its approval by the Mayor and the fulfillment of all statutory requirements re- lating thereto. CO' iTEE OF THE WHOLE 3 /0.�I F' :O �I"LI�1 -3- 7.1An To y[ -.