It is unlawful for any person, firm or corporation to open, carry on, or maintain any business on which premises pool or billiard tables, foosball games and shuffleboards are maintained within the city without first obtaining a license therefor, in accordance with the provisions of this chapter. This license is in addition to any business license that may be required under Chapter 5.04 BIMC. (Ord. 2018-21 § 2, 2018: Ord. 80-06 § 1, 1980)
Any person, firm or corporation desiring to maintain, keep or operate any place of business on which premises pool or billiard tables, foosball games and shuffleboards are maintained, shall make written application for a license to do so and file the same with the city clerk. Such application shall state the name of the applicant and address and place of the business at which any of the said pool or billiard tables, foosball games, and shuffleboards are applied for, and the total number of each device desired to be covered by the license. (Ord. 80-06 § 2, 1980)
Each license shall be issued for a period of one calendar year commencing March 1, 1980. The calendar year license fee shall be an amount as established by resolution of the city council for each pool or billiard table, shuffleboard and foosball game operated by the licensee and shall be payable prior to March 31st for the year required or prior to commencement of business in the city. For any license procured after the applicable date required in this section, there is assessed and shall be collected by the city clerk, in addition to the required annual license fee, a penalty as established by resolution of the city council on the annual license fee for each month or part of a month accruing between the time such license is procured and the time when the same should have been procured under the terms of this chapter. (Ord. 88-16 § 3, 1988: Ord. 80-06 § 3, 1980)
Upon approval of the application and payment of the fee, as provided in Section 5.12.030, the city clerk shall issue to the applicant a license to operate the machines or devices for which the license has been applied. (Ord. 80-06 § 4, 1980)
The license issued under this chapter shall be personal and nontransferable, and shall at all times be conspicuously posted in the place of business for which it is issued. When the location of business of the taxpayer is changed, the taxpayer shall return the license to the city clerk and a new license shall be issued for the new location of business without charge. No person to whom a license has been issued pursuant to this chapter shall permit or allow any other person to operate any business or display his/her license, nor shall such other person operate under or display such license. (Ord. 80-06 § 6, 1980)
In addition to the general qualification of licensee set forth in this chapter, no license for the operation of pool or billiard tables, foosball games and shuffleboards shall be granted or issued to the following persons:
A. Any person who has been convicted of violation of federal, state or city laws or ordinances regulating the manufacture, transportation, possession or sales of narcotics or intoxicating liquors or of any crime involving moral turpitude within a period of three years next prior to the date of making applications for such license;
B. Any person who names another person to have the active management of such place where pool or billiard tables, foosball games and shuffleboards are maintained for public use for hire, who has been convicted as described in subsection A of this section or had a similar license previously revoked;
C. Any person, where in the opinion of the city council the location for said place where pool or billiard tables, foosball games and shuffleboards are maintained for public use for hire is not proper or for the best interests of public safety or morals. (Ord. 80-06 § 7, 1980)
The city clerk may refuse to issue a license for pool or billiard tables, foosball games and shuffleboards, or the city council may cancel or revoke such license after it has been issued, if it is learned that the same was procured by fraud or false representation of facts, or that the applicant or permittee has failed to comply with the provisions and requirements of this chapter, or has violated any provisions of this chapter, or for any other reason which, in the opinion of the chief of police, will be detrimental to the public peace, health or welfare. No license may be revoked or canceled until after a public hearing conducted in accordance with the quasi-judicial hearings procedures of the Bainbridge Island hearing examiner ordinance. Any person may appeal the refusal to issue a license under the appeal procedures in the hearing procedures ordinance for administrative hearings. It shall be the duty of all licensees granted licenses for the operation of pool or billiard tables, foosball games and shuffleboards to comply with the following regulations, and the failure of any licensee to do so shall constitute, but shall not be exclusive grounds for suspension or revocation of any license, a violation of this chapter and, in the event of such revocation, no part of the license fee shall be refunded:
A. To employ no one on the premises covered by the license who has been convicted of a violation of the state or city laws or ordinances relative to gambling within one year from the date of such conviction;
B. To have no one employed or financially interested in the business to be conducted who has had a license revoked for cause by the city within one year from the date of such revocation. (Ord. 80-06 § 8, 1980)
The license fees imposed by this chapter shall be in addition to any other taxes or fees imposed by the city. (Ord. 80-06 § 9, 1980)
Any person, firm or corporation violating any of the terms or provisions of this chapter shall, upon conviction thereof, lose their license to operate and be fined the sum of $500.00 or punished by imprisonment for a period of not more than six months or by both such fine and imprisonment. (Ord. 80-06 § 10, 1980)