1062 Pool Hall RegulationsORDINANCE NO. 1062
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
CODE OF ORDINANCES SECTIONS 14 -175 THEREOF; SETTING HOURS
OF OPERATIONS FOR POOL OR BILLIARD PARLORS, GAME ROOMS,
AMUSEMENT PARLORS; PERMITTING SPECIAL EXCEPTIONS;
PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida has, since initial ordinance adoption in 1982,
restricted the ability of a business in Okeechobee in its hours and days of operation
of pool or billiard parlors, amusement parlors and game rooms; and
WHEREAS, over the past twenty -eight years the City of Okeechobee has seen
tremendous growth, with the addition of business enterprises, including of those
which install and operate games, such as pool tables; and
WHEREAS, the economic viability of business within the City of Okeechobee is an
important element of the local economy, and unreasonable restrictions upon hours
and times of operation of certain businesses create an unnecessary hurdle to the
success of such business; and
WHEREAS, the operation of pool or billiard parlors, amusement or game rooms can be
wholesome family entertainment, if managed properly, and those which fail to
operate within the limits of local ordinance should face consequences, upon proper
notice.
NOW THEREFORE, the City Council for the City of Okeechobee, Florida, does herein
approve, adopt and amend the City Code of Ordinances as follows:
I. THAT Section 14 -175, Code of Ordinances for the City of Okeechobee, Florida, is
amended in the following respects:
Section. 14 175. Pool or billiard parlors, game rooms, amusement parlors.
(a) Any permitted business establishment located in the City with a current
Business Tax Receipt as provided by law, except as hereafter set forth, may
promote, conduct or permit to be conducted, the placement of pool or billiard
tables, or amusement devices, in business the establishment, including
those that are lawfully licensed to sell and serve alcoholic beverages, for use
and enjoyment by its patrons, invitees or guests at the establishment; subject
to compliance with all local and state codes, ordinances or
statutes, including but not
limited to fire safety, occupancy limits, health and building codes, compliance
with codes concerning sale of alcohol and hours of operation, or other
requirement applicable code protecting the health, welfare and or safety of
the our citizens.
1. For purposes of this ordinance, amusement devices are defined as
those machines or gaming devices whereby a patron must pay or
insert money to play various games, usually video in nature, pin -ball,
poker, or similar games of chance, with the possibility of reward for
playing successfully, such as money, additional free games, points,
or other reward.
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(b)
No business shall be issued a Business Tax Receipt
to permit or otherwise conduct or condone the business of pool or billiard
parlor, game room or amusement parlor within 500 feet of real property
currently operating as a house of worship, church, or other congregation
designated as such, or public or private school or day care center, and
qualifying as such under City Codes, and applicable sections of State law,
or the Internal Revenue Code. The distance shall be measured from the front
door of the business containing pool and billiard tables, or amusement
devises, to the front door of the church, school or day care center, in a
straight line. Any existing and licensed business operating at the time of
adoption of this ordinance that may be closer than the allowed 500 feet may
continue in operation, but shall not be granted a development permit to
enlarge or otherwise expand the business, other than normal maintenance
and repair. Upon sale, assignment or transfer of such business by the owner
or authorized agent thereof, to any other person or entity, such business
shall cease and shall not be issued a new or transferred Business Tax
Receipt, unless such business were to continue in operation without the pool
or billiard parlor, amusement devices or game room.
For an establishment with a valid liquor or intoxicating beverage license, it
shall be unlawful for any pool or billiard parlor, amusement parlor or game
room to be operated from the hours of 2:00 a.m. and 7:00 a.m. on Tuesday
through Saturday; from midnight Sunday to 7:00 a.m. Monday; and from 2:00
a.m. to 12:00 p.m. on Sundays. For an establishment with such games or
amusement devices that do not hold a license to sell and serve liquor or
intoxicating beverages, such hours of operation may be those as set by the
business owner, or as permitted under applicable City Codes or Business
Tax Receipt. Any licensed business may seek a Special Exception to the
location of operation, and these hours of operation upon application to
department of General Services upon compliance with the application form
and conditions required by the department.
j That compliance with these regulations is a precondition to continued
operation of a business and its Business Tax Receipt, therefore, a violation
of this ordinance as it pertains to hours of operation, occupancy, and sale of
alcoholic beverages, or other City Codes, may be enforced in the following
manner by any Law Enforcement Officer, Code Officer, or Fire Chief or his
designee:
1. For a first violation, a written warning, signed by the owner, manager
or authorized agent of the owner.
2. For a second or subsequent violation, a citation on approved forms
used by Code Enforcement for referral to either the City Code Board
or County Court, in the manner provided for in City Codes.
3. For a third or subsequent violation, revocation of the Business Tax
Receipt for the business location, including any other business
conducted on the premises, upon written notice of intent to revoke by
the City Administrator.
a. For purposes of this ordinance, it is prima facie evidence of
violation of this ordinance upon acknowledgment by the owner
or authorized agent of the owner by signing a warning; or by a
factual finding of such violation by the City Code Board or by
order of the County Court.
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INTRODUCED for first reading and set for final public hearing on this 6 day of April,
2010.
ATTEST:
Upon a third or subsequent violation, the business owner or authorized agent
thereof may appeal a revocation of Business Tax Receipt to the City Council
as provided in Section 50 -41 of the City Codes.
al That the failure of the City to issue citations or enforce this ordinance in any
incident shall not be considered a bar to subsequent issuance of penalties
by the City as provided herein.
Section 14 Reserved.
Lane Gamiotea, CMC, City Clerk
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL S FFICIENCY:
csa,„
John R. Cook, City Attorney
James E. Kirk, Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 20 day of April,
2010.
James E. Kirk, Mayor
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