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BULLET St. Louis City Revised Code Chapter 8.26 Billiard and Pool Rooms

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 8.26
Billiard and Pool Rooms

Sections:

8.26.010 Billiard table keeper defined.
8.26.030 Premises license--Required--Definitions.
8.26.040 Premises license--Application--Plat.
8.26.050 Neighborhood consent petition.
8.26.060 Premises near churches or school.
8.26.070 Hearing.
8.26.080 Approval.
8.26.090 Regulations.
8.26.100 Renewals.
8.26.110 Revocation--By neighborhood petition.
8.26.120 Revocation--For violations.
8.26.130 Rules and regulations.
8.26.140 Existing businesses.
8.26.150 When issuance prohibited--Notice of revocation.

V.A.M.S.:

318.010--318.100 Pool tables

8.26.010 Billiard table keeper defined.

"Keeper of a billiard table" is one who possesses, keeps or has the control or management of a billiard table, whereon others are permitted to play, and for the use of which or privilege of playing thereon, or for the hire thereof, any money or its equivalent, or any check or counter in lieu of money, shall be paid or received.

All billiard tables within the City shall be held and taken to be so kept, and to come within the meaning and province of this chapter, except such as may be kept within dwelling houses for the owner's recreation and not for the purpose of letting the same to others to play thereon for money, or anything representing or in lieu of money, or for wagers or bets.
(1948 C. Ch. 13 100: 1960 C. 724.010.)

City Counselor Ops: 9250

8.26.030 Premises license--Required--Definitions.

In addition to the license fee required for each billiard or pool table, and in order to regulate billiard or pool table premises and to protect the safety and welfare of the residents of the City, the keeper of the billiard or pool tables shall also obtain a license to operate or maintain a billiard or pool table premises. The license required for the premises may be issued after an application with all other necessary items has been approved by a majority of the Board of Public Service. The license shall be on a yearly basis from the date of issuance and shall be nontransferable. A separate license is required for each premises, and a licensee shall not be issued more than three licenses.

"Premises" as used in this chapter means a single room within a structure or building, equipped with one or more billiard or pool tables which may be used by the public for a fee.

"Keeper of a billiard or pool table" means any person, firm or corporation whose primary business is offering to the public the use of a billiard or pool table for a charge or fee.
(Ord. 55051 1, 1968: 1960 C. 724.030.)

8.26.040 Premises license--Application--Plat.

Every person applying for a billiard or pool table premises license shall file a written application and plat with the Board of Public Service setting forth his qualifications as follows:

A. Name, address, birth date, and place of birth;

B. His employment background for twelve years prior to the date of application and whether any previous business or occupational license, including any alcoholic beverage license and billiard or pool table license has been revoked and for what reasons;

C. Complete educational background;

D. A list of any court convictions other than ordinary traffic violations;

E. A statement as to the applicant's residence and the length of time the applicant has resided in Missouri and in the City;

F. Other facts relevant to the general personal history of the applicant as he or the Board of Public Service shall find necessary to a fair determination of the applicant's eligibility for a license;

G. The applicant shall also file a plat or drawing of the proposed premises showing the dimensions thereof together with the proposed number and location of the billiard or pool tables, and also indicating the location of all doorways, windows, lights, entrances, and exits of the premises and the restroom facilities, if any, and the plat shall remain as part of the record concerning the application and premises.
(Ord. 55051 2, 1968: 1960 C. 724.040.)

8.26.050 Neighborhood consent petition.

In addition to the application and plat, the applicant for a billiard or pool table premises license shall also file in the Board of Public Service, together with the application and plat, a written petition in favor of the issuance of the license, signed by a majority of the persons, if any, owning property, and a majority of the persons, if any, occupying premises or conducting any business on the main or surface floor within a prescribed petition circle drawn by a radius of three hundred feet plus one-half of the width of the front of the premises to be used for the billiard or pool tables, from the center of the premises projected to the streets. A neighborhood consent petition shall not be required for successive yearly renewal licenses for the same licensee on the same premises. This section shall not apply to applicants having only one billiard or pool table on the premises.
(Ord. 64299 1, 1997: prior: Ord. 55051 3, 1968: 1960 C. 724.050.)

8.26.060 Premises near churches or school.

The Board of Public Service shall not approve the issuance of a license for a keeper of a billiard or pool table on premises within three hundred feet of a school or church regularly used for public worship. For purposes of this section, the distance between the school or church and the billiard or pool table premises shall be considered to be the distance between the nearest point of the portion of the premises to be used for billiard or pool tables to the nearest point of the building used for school purposes or public worship.
(Ord. 55051 4, 1968: 1960 C. 724.060.)

8.26.070 Hearing.

After filing of the application, plat and petition and other additional information as may be required by the Board of Public Service, it shall set a date for the hearing on the application within a reasonable time after the filing of the application or the last information, and shall give the applicant written notice of the date of the hearing. At the hearing, the applicant shall be entitled to produce testimony under oath and the Board of Public Service shall have the authority to subpoena witnesses and to take their testimony under oath pertaining to all matters connected with the application, and any person owning property, occupying premises or conducting a business on the main surface floor within the prescribed petition circle shall have the right to give testimony.
(Ord. 55051 5, 1968: 1960 C. 724.070.)

8.26.080 Approval.

A majority of the Board of Public Service in its sound discretion may approve the application after hearing, if it is satisfied that the applicant is of good moral character and that the applicant has given substantial evidence that he will be able to operate the premises in compliance with all regulations and laws governing the premises, and the applicant is a resident of the state, and his neighborhood consent petition is in due form, and the applicant's premises are not within three hundred feet of a school or church as provided and the proposed premises would not be detrimental to the locality. A majority of the Board of Public Service may propose or require changes in the premises in regard to the doorways, windows, lights, entrances, exits and toilet facilities, and in regard to the number and location of billiard or pool tables, before granting its approval of the application.
(Ord. 55051 6, 1968: 1960 C. 724.080.)

8.26.090 Regulations.

The following regulations shall apply to all licensed premises for the keeping of billiard or pool tables, and a licensee of the premises is at all times responsible for the orderly conduct of his business and the acts of any person, employee or agent in the operation of the billiard or pool table premises:

A. All billiard or pool table premises shall be open only between the hours of ten a.m. and twelve midnight, Central Standard Time or Daylight Saving Time, whichever shall be in effect, on Mondays through Saturdays, inclusive. On Sundays the billiard or pool table premises shall be open only between the hours of twelve noon and six p.m. Central Standard Time or Daylight Saving Time, whichever shall be in effect. All premises shall have all patrons removed and the doors locked by the closing times mentioned herein.

B. All premises for the keeping of billiard or pool tables shall be kept clean and well lighted so that the rear of the premises is plainly visible from the front of the premises.

C. No licensee of the premises shall suffer or permit any loud noises, boisterous or disorderly conduct on the premises or on any grounds of the premises, and he shall prevent the loitering of persons on the premises or the grounds thereof.

D. The consumption, keeping or carrying of any alcoholic beverage as defined in Section 14.04.070 or nonintoxicating beer as defined in Section 14.04.080 is expressly prohibited on any billiard or pool table premises.

E. A licensee shall not increase the number of billiard or pool tables over the number specified in his plat filed with the Board of Public Service; provided, however, the Board may authorize such increase upon application by the licensee.

F. Gaming, gambling, or wagering of any kind is prohibited on any billiard or pool table premises.

G. Anything herein to the contrary notwithstanding, the regulations contained and set forth in paragraphs A and D of this section shall not apply to any billiard or pool table premises (the "premises") if:

1. Such premises forms a part of and is physically connected to a business or business operation which is licensed (or acquires a license) to sell, dispense or otherwise dispose of alcoholic beverages for consumption on the premises of such business or business operation, including, without limitation, alcoholic beverages defined in Section 14.04.070, or non-intoxicating beer as defined in Section 14.04.080; and

2. At the time of issuance of the "premises license" under and pursuant to this chapter, there is no dwelling unit, as defined in Section 26.08.115, within a distance of one thousand (1,000) feet from the "premises" [for the purposes hereof, a dwelling unit shall exclude a hotel, as defined in Section 26.08.260]; and

3. The premises, at the time of issuance of the premises license, is located in either a "K" Unrestricted district (as defined in Chapter 26.60) or an "H" Commercial District (as defined in Chapter 26.48); and

4. The premises is part of an area of not less than thirty (30) acres which is subject to a development plan as defined in Section 353.020 of the Missouri Revised Statutes.
(Ord. 61762 1, 1990; prior: Ord. 55051 7, 1968: 1948 C. Ch. 46 48: 1960 C. 724.090.)

V.A.M.S.:

563.390 Betting on pool games

294.040 Minors under sixteen not to work in certain occupations

564.670 Employment of children in occupations hazardous to safety or morals

Cases:

In absence of any showing that petition signers pursuant to Ord. 55051 9 and 10 were either owners, residents or persons conducting business within prescribed distance of billiard parlor and of the total number of qualified persons within prescribed area so that a majority could be calculated, board of public service lacked jurisdiction to revoke billiard parlor license. State ex rel. Tolliver v. Board of Public Service, 453 S.W. 2d 622 (1970).

8.26.100 Renewals.

A licensee of a billiard or pool table premises who has obtained a license under this chapter may obtain a renewal of his license by filing a renewal application as provided by the Board of Public Service, which shall contain the signed statement of the licensee that there has been no change in the information as provided on the original application and plat. If, however, such change has occurred, the applicant for a renewal license must state the changes. A majority of the Board may approve the application for renewal without the appearance of the licensee before the Board; provided, however, that the Board may require the licensee to appear before it and to furnish additional information it deems necessary.

Whenever a majority of the Board of Public Service for good cause refuses to renew a license, it shall notify the licensee of its decision and the reasons therefor and shall further inform the licensee that he is entitled to a formal hearing before the Board concerning the renewal. The licensee must file a request for a formal hearing within fourteen days after the date of the Board's refusal to renew. Thereafter, the Board's refusal to renew shall be final and nonappealable. After a formal hearing, a majority of the Board may affirm or modify its decision as it deems necessary.
(Ord. 55051 8, 1968: 1960 C. 724.100.)

8.26.110 Revocation--By neighborhood petition.

Whenever a majority of the persons, if any, owning property, and a majority of persons, if any, occupying premises or conducting any business on the main of surface floor of premises within a prescribed petition circle drawn by a radius of three hundred feet plus one-half of the width of the front of the billiard or pool table premises from the center of the premises projected to the street, shall sign and thereafter file a written petition before the Board of Public Service demanding the revocation of the license or licenses which have been issued for billiard or pool table premises within the above mentioned area, the license or licenses shall be revoked and be held null and void if a majority of the Board of Public Service finds that the petition is in the form prescribed in this section.
(Ord. 55051 1, 1968: 1960 C. 724.110.)

8.26.120 Revocation--For violations.

In addition to the revocation by neighborhood petition, a majority of the Board of Public Service may suspend any or all of a licensee's licenses for a period of not more than thirty days or any portion thereof, or may revoke any or all of a licensee's licenses for any billiard or pool table premises whenever it is found that the licensee has obtained any license through misrepresentation or fraud or that the licensee has disregarded or violated any of the regulations or laws for billiard or pool table premises. The licensee shall be notified in writing of the charges or infractions. These shall be mailed to the licensee at the address of any of his licensed premises or at the last known residence of the licensee. A public hearing shall be held before the Board of Public Service at a specified time. At the hearing, evidence under oath shall be heard concerning the charges or infractions and the licensee or his attorney may present evidence in answer or defense thereto. Evidence or infractions or violations other than those specified in writing to the licensee may also be presented at the hearing; provided, however, that the licensee shall be given reasonable additional time, if he so requests, to prepare his answer or defense to additional infractions or violations. The Board of Public Service shall render a decision within fourteen days after completion of the formal hearing and shall mail a copy of its decision to the licensee. Appeals from the decision of the Board may be taken by the licensee as provided by law. Any person whose license has been revoked shall not again be allowed to obtain a license to keep a billiard or pool hall for two years next thereafter.
(Ord. 55051 10, 1968: 1960 C. 724.120.)

8.26.130 Rules and regulations.

The Board of Public Service is authorized to adopt all necessary forms and to enact, promulgate and enforce all rules and regulations necessary for the reasonable interpretation and enforcement of this chapter.
(Ord. 55051 11, 1968: 1960 C. 724.130.)

8.26.140 Existing businesses.

The keeper of any billiard or pool table premises which is in operation on April 12, 1968 shall also be required to obtain a license for his premises. He shall file an application and plat as required in this chapter before the Board of Public Service within ninety days of April 12, 1968; provided, however, that he shall not be required to obtain the neighborhood consent petition set forth in this chapter. The licensee shall be subject to all other rules, regulations and powers of suspension and revocation and provisions for renewal of licenses as provided in this chapter.
(Ord. 55051 12, 1968: 1960 C. 724.140.)

8.26.150 When issuance prohibited--Notice of revocation.

The License Collector is prohibited from issuing a license for pool or billiard tables and keepers thereof until a license has been issued by the Board of Public Service as provided in this chapter.

Should any license issued under this chapter be revoked, the License Collector shall immediately upon receipt of the notice of revocation, revoke the license for pool or billiard tables and keepers thereof by written notice addressed to the licensee at the address of any of his licensed premises or at his last known residence.

Whenever a license shall be revoked by the Board of Public Service, the Secretary of the Board of Public Service shall immediately notify the License Collector of the revocation.

Whenever a license issued by the Board of Public Service is revoked, the licensee shall not be entitled to any rebate or refund of fees paid to the License Collector.
(Ord. 55051 13, 1968: 1960 C. 724.150.)

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