Pennsylvania Act 1911-261 — POOL HALLS, REGULATED

Act text

POOL HALLS, REGULATED
                  Act of Jun. 7, 1911, P.L. 668, No. 261              Cl. 11
                                  AN ACT

     To restrain and regulate the use of billiard-tables, pool-
        tables, and bagatelle-boards or tables, kept and maintained
        for the use of the general public, for hire or reward, in
        cities of the first class in this Commonwealth; providing for
        the granting of licenses, and providing for punishments for
        the violations of the provisions of this act.

        Section 1.  Be it enacted, &c., That it shall be unlawful to
     keep or maintain any house, room, or place, for the use of the
     general public, where any billiard-tables, pool-tables, or
     bagatelle-boards or tables are kept for hire or reward for the
     use thereof, in cities of the first class in this Commonwealth,
     except a license therefor shall have been previously obtained as
     hereinafter provided: This act shall have no application to any
     house, room or place for the use of the general public, wherein
     coin-operated billiard-tables, pool-tables or bagatelle-boards
     or tables are located, if such coin-operated billiard-tables,
     pool-tables or bagatelle-boards or tables are less than
     regulation size, and are not the principal business activity of
     the premises where located.
        (1 amended Aug. 14, 1963, P.L.841, No.409)
        Section 2.  Licenses to keep or maintain any house room, or
     place, for the public use of billiard-tables, pool-tables, or
     bagatelle-boards or tables, shall be granted only to citizens of
     the United States of temperate habits and good moral character.
        Section 3.  Said licenses shall be granted only by the
     Department of Public Safety, and shall be for one year from a
     date fixed by rule or standing order of the Department of Public
     Safety. The Director of the Department of Public Safety shall
     fix, by rule or standing order, a time at which all applications
     for said licenses shall be heard, at which time, all persons
     applying or making objections to applications for licenses may
     be heard by evidence, petition, remonstrance, or counsel.
        (3 amended May 23, 1919, P.L.259, No.138)
        Section 4.  Every person intending to apply for a license as
     aforesaid, in any city or county of this Commonwealth, from and
     after the passage of this act, shall file with the Director of
     Public Safety his, her, or their petition. It shall not be
     considered or passed upon until the same shall have been on file
     at least three weeks, and public notice of the same caused to be
     given once a week in three daily newspapers designated by the
     said Director of Public Safety; said notice to contain the name
     or names of the applicant or applicants, their private residence
     and the location of the place for which a license is sought, and
     the time and place when said application shall be heard. At the
     filing of said application the applicant or applicants shall pay
     to the said director the sum of ten dollars for expenses
     connected therewith, as provided for in this act. Said petition
     shall contain:
        One.--the name and address of the applicant or applicants;
     how long he or they have there resided.
        Two.--the particular place for which the license is desired,
     and the number of tables to be kept therein.
        Three.--the place of birth of said applicant or applicants,
     and, if a naturalized citizen, where and when naturalized.
        Four.--the name of the owner of the premises.
        Five.--the signatures of fifteen reputable citizens of the
     immediate vicinity where said premises are situated, stating
     that they do not object but favor the granting of the license
     for the premises mentioned in said petition, and that they are
     acquainted personally with the applicant or applicants and know
     him or them to be reputable citizens.
        Six.--attached to said petition shall be a certificate signed
     by the superintendent or chief of police, certifying to the fact
     that the applicant or applicants have never been convicted of
     any criminal offense, and is of a good moral character, and that
     the building or premises for which said license is desired is
     fit for the purpose intended. If said petition is for a renewal
     of any license at the expiration of the license year, the said
     certificate shall contain, further, the information that the
     conduct of the business during the license year expired has not
     been to the disturbance of the peace of the neighborhood, and
     that the licensee has complied with the law relating to the
     nonadmission of minors on the premises. Said petition to be
     verified by the affidavit of the applicant or applicants, taken
     before a magistrate or notary public. If any false statement is
     made in any part of the petition, by the applicant or
     applicants, he or they shall be deemed guilty of perjury, and
     upon indictment and conviction shall be subject to its
     penalties.
        Section 5.  Any citizen, being of full age, male or female,
     living in the immediate vicinity of the place for which said
     license is applied, may file a remonstrance against such
     application being granted; said remonstrance to be filed with
     the Director of Public Safety at least five days before the date
     fixed for the granting of the same.
        The said Director of Public Safety shall refuse the license
     whenever in his opinion, having due regard to the number and
     character of the petitioners, both for and against the granting
     of the said license, that it would be detrimental to the
     immediate neighborhood, or that the applicant is not a fit
     person to whom said privilege should be granted.
        Section 6.  That said license, if granted, shall not under
     any circumstances be transferable to any other premises or any
     other person or persons during the year for which it is granted,
     except that it may be transferred to the legal representatives
     of any deceased licensee, or purchaser at any insolvent or
     bankrupt sale, for the remainder of the term; that is, the same
     proceeding must be taken at the end of the term for the renewal
     of a license as the act provides for the obtaining of one.
        Section 7.  All persons licensed under this act to keep and
     maintain premises, for the use by the public, for hire or
     reward, of billiard-tables, pool-tables, or bagatelle-boards or
     tables, shall pay twenty-five dollars for the first table, and
     fifteen dollars for every other table, as mentioned in said
     petition, upon which the license was granted, and kept upon the
     premises named in said license. Said license fee shall be paid
     for the use of the city: Providing further, That if any licensee
     shall desire to add an additional table to those already
     mentioned in his said petition, during his current license-year,
     he shall be privileged to do so on petition filed, paying for
     the same a proportionate amount for the balance of the license-
     year.
        Section 8.  The Superintendent or Chief of Police shall, once
     every three months, make a return to the Department of Public
     Safety all premises being used for the purpose of allowing the
     general public, for hire or reward, to play billiards, pool, or
     bagatelle, giving the location of the premises and the number of
     tables so used. That, upon this return, the Director of Public
     Safety shall compare it with the original petitions; and if
     there has been any change, either as to premises or an increase
     of tables, without the provisions of this act having been
     complied with, it shall be his duty to immediately and forthwith
     serve notice on the licensee to show cause on a date fixed, not
     exceeding ten days, why the said license should not be revoked.
        Section 9.  It shall not be lawful for any licensee under the
     provisions of this act to knowingly allow or permit any minor,
     under eighteen years of age, to even be present in the premises
     licensed, nor to allow or permit any minor, under eighteen years
     of age, to play any game of billiards, pool, or bagatelle. Any
     violation thereof, on rule granted, shall be sufficient for said
     license to immediately be revoked and forfeited.
        Section 10.  Be it enacted further, that any person or
     persons feeling aggrieved at the action of the Department of
     Public Safety or the director thereof, because of the rulings of
     said Department through the director, may, within ten days
     thereafter, appeal the same to the court of quarter sessions of
     the county wherein said city is situated, and said court shall
     proceed to hear the same within fifteen days after said appeal
     is filed in said court, and, upon a reversal, make such order
     and decree directing what duty the director of the said
     Department of Public Safety shall perform in the premises.
        Section 11.  All acts or parts of acts inconsistent with this
     act are hereby repealed, except its provisions shall not
     interfere with the provisions of the act of June first, one
     thousand eight hundred and eighty-one (Pamphlet Laws, thirty-
     seven), being an act, entitled "An act to prevent the keeping,
     maintaining, or permitting the game or amusement of pool played
     with balls, or any other game of chance, for drink of vinous and
     other liquors, and defining the punishments therefor."