CHAPTER 113: AMUSEMENTS

Section
Pool Halls
113.01 Definitions
113.02 Hours of operation
113.03 Alcoholic beverages
113.04 Partitions
113.05 Windows
113.06 Location
113.07 Inspection
113.08 License required; display
113.09 License fees
113.10 Licensee qualifications; license restrictions
113.11 License revocation

113.99 Penalty
Statutory reference:
Amusement machine commission, see Tex. Rev. Civ. Stat., Art. 4413(41)
Billiard table owners or operators, see Tex. Tax Code, §§ 191.061 et seq.
Coin-operated services generally, see Tex. Rev. Civ. Stat., Art. 8801 et seq.
Licenses and trade taxes, see Tex. Tax Code, § 302.101 and Tex. Loc. Gov’t Code, § 215.033
Public houses of amusements, see Tex. Rev. Civ. Stat., Art. 178 et seq.
Regulation of coin-operated machines, see Tex. Rev. Civ. Stat., Art. 8817
Theft of service, see Tex. Penal Code, § 31.04

POOL HALLS

§ 113.01 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMUSEMENT DEVICE. Any instrumentality used for amusement in or about any premises of a
pool hall as defined in this section, irrespective of whether or not a fee is charged for that amusement.

POOL or BILLIARD TABLE. Any table surrounded by a ledge or cushion, with or without pockets,
upon which balls are propelled by a stick or cue.

POOL HALL. Any establishment operated for profit and not exempted under § 113.08 of this code,
that contains one or more pool or billiard tables on or in the premises, as hereinafter defined.
(Prior Code, § 8-16)

§ 113.02 HOURS OF OPERATION.
No person may engage in the operation for profit of any pool or billiard table or amusement device
within the city before the hour of 8:00 a.m. or after the hour of 12:00 midnight.
(Prior Code, § 8-18) Penalty, see § 113.99

§ 113.03 ALCOHOLIC BEVERAGES.
The sale of alcoholic beverages in or about any premises licensed under this subchapter is prohibited.
No person, firm, association of persons, corporation, or any other organization authorized under the laws of the state, licensed hereunder, shall permit the sale, use, or consumption of any kind of alcoholic
beverage in or upon the premises for which a license has been issued.
(Prior Code, § 8-19) Penalty, see § 113.99

§ 113.04 PARTITIONS.
It shall be unlawful for any person to erect or construct on any premises licensed under this subchapter
any partition obstructing the view of any part of the building or premises licensed herein, or cutting the
building into two or more rooms by constructing partitions therein, in which any pool or billiard table or
amusement device is displayed, owned, and operated; provided, however, that toilets or other sanitary
facilities shall be enclosed and adequately ventilated in accordance with health, plumbing, sanitary, and
other applicable ordinances of this city. All premises licensed hereunder shall have a door giving
immediate ingress from the outside to the inside of the licensed premises and immediate egress from the
inside to the outside.
(Prior Code, § 8-20) Penalty, see § 113.99

§ 113.05 WINDOWS.
All pool halls must have a minimum of 36 square feet of glassed window space, located in a conspicuous place, so as to give immediate view to the public.
(Prior Code, § 8-21)

§ 113.06 LOCATION.
Places of business governed by this subchapter shall be located on the ground floor or street level only
of any building and shall not be licensed for any other floor than the ground or street level floor.
(Prior Code, § 8-22)

§ 113.07 INSPECTION.
The Chief of Police or the Building Official shall make periodic inspections of the premises licensed under this subchapter, to determine compliance with the building, health, sanitary, and plumbing ordinances and all other ordinances of the city.
(Prior Code, § 8-23)

§ 113.08 LICENSE REQUIRED; DISPLAY.
It shall be unlawful for any person, except religious, charitable, or education organizations authorized
by law in this state, to own and operate for profit any pool or billiard table or tables or amusement devices, as those terms are herein defined, within this city without having first obtained an appropriate license from the City Manager, as provided in this subchapter, which license shall at all times be displayed in some conspicuous place within the licensed place of business.
(Prior Code, § 8-36) Penalty, see § 113.99

§ 113.09 LICENSE FEES.
The City Manager is authorized to collect the following annual license fee for each location on which
any pool or billiard table or amusement devices are owned and operated for profit, to wit: $10 per noncoin- operated pool or billiard table; $7.50 per coin-operated pool or billiard table or other coin-operated amusement device; and $10 per non-coin-operated amusement device.
(Prior Code, § 8-37)
Statutory reference:
Authority for above section, see Tex. Rev. Civ. Stat., Art. 8802 and 8814; Tex. Tax Code,
§§ 191.063 and 191.064

§ 113.10 LICENSEE QUALIFICATIONS; LICENSE RESTRICTIONS.
Any license issued under this subchapter shall only be issued by the City Manager upon payment of
a fee in the amount of $25 and filling out that application as may be required by the City Manager. All
persons applying for a pool hall license must be of good moral character and of good standing in the
community in order to qualify for a license hereunder. If an applicant has previously been a licensee under the pool hall ordinance or this subchapter and that applicant’s license has been previously cancelled or revoked by reason of a violation of those provisions, that person shall not be entitled to receive a license under this subchapter unless the person is expressly approved by the City Council. All pool hall licenses shall be for a period of one year and shall not be transferable. All pool hall licenses shall be issued to a licensee designating the particular pool hall establishment the licensee is entitled to operate. The establishment so designated by the license may not be leased by the licensee nor sold for the purpose of a pool hall establishment, to other persons, without the express permission of the City Manager. No person shall be entitled to a license under this subchapter unless any person so applying for a license can produce evidence that the applicant can comply with all of the requirements of this subchapter.
(Prior Code, § 8-38) Penalty, see § 113.99

§ 113.11 LICENSE REVOCATION.
(A) Upon a request by the City Council and/or upon a written complaint filed therein, the Municipal
Court may revoke, cancel, or suspend the license or licenses of any person licensed to own and operate a pool or billiard table or amusement device under this subchapter after giving the licensee ten-days’ notice of hearing before the Court, and after conducting the hearing for the purpose of determining whether the license shall be revoked, cancelled, or suspended; provided, however, that the power of cancellation, revocation, or suspension shall be exercised only under the following conditions:

(1) For a violation of any of the provisions of this subchapter;

(2) For allowing the presence on the premises of any person under the influence of intoxicating liquor;

(3) For allowing disorderly conduct or other unlawful practices on the premises; or

(4) For allowing a violation of any law of the state or of this code.

(B) Any licensee so cited to appear by the Municipal Court shall have the right to a trial by jury on
any complaint filed therein alleging a violation of this subchapter.

(C) For the purposes of this subchapter, if a violation of any of the above provisions occurs, a licensee
shall be guilty of allowing the violation whether the violation occurred with or without the knowledge of
the licensee.

(D) The Municipal Court may revoke, cancel, or suspend the license where the evidence indicates a
violation of any of the provisions of this subchapter.

(E) In the event the judgment of the Municipal Court reflects a violation of this subchapter and the Court orders a suspension of the license hereunder, the Court may so suspend the license for a period of time that the court deems necessary and advisable, and in the event the suspended license is reinstated after the suspension period, a reinstatement fee of $25 shall be paid by the suspended licensee to the City Manager as a reinstatement fee before his or her license shall be considered in good standing.
(Prior Code, § 8-39)
Statutory reference:
Jury in Municipal Court, see V.T.C.C.P., Art. 45.25

§ 113.99 PENALTY.
(A) Any person who violates any provision of this chapter for which no other penalty is specified shall, upon conviction, be subject to penalties as set forth in § 10.99 of this code.

(B) In the event any person shall be found guilty of violating §§ 113.01 et seq., in addition to the right
of the Municipal Court to suspend, cancel, or revoke the license of any such accused person, that person may be fined for a violation of this code. Further violation of that subchapter is an offense against the city and a violation of any provision of that subchapter shall be punished as stated in § 10.99 of this code of ordinances.
(Prior Code, § 8-17)