ORDINANCE NO. 55
SECTION 7 amended by Ordinance 62 Dated March 5, 1946
AN ORDINANCE OF THE CITY OF BROWNING, MISSOURI, RELATING TO THE REGULATION AND CONTROL OF POOL HALLS WITHIN THE CORPORATE LIMITS OF THE CITY OF BROWNING, MISSOURI; PROVIDING FOR THE ISSUANCE OF LICENSES FOR POOL HALLS; DEFINING THE VARIOUS TERMS USED IN THE ORDINANCE; PROVIDING FOR APPLICATIONS FOR LICENSES; GIVING NOTICE OF APPLICATION; SETTING FORTH THE QUALIFICATIONS OF THE APPLICANT: SETTING FORTH THE TERMS UNDER WHICH LICENSES SHALL BE GRANTED; PROVIDING FOR THE REVOCATION OF LICENSES; PRESCRIBING PENALTIES FOR THE VIOLATION OF SAID ORDNANCE; PROVIDING FOR THE EFFECT OF THE UNCONSTITUTIONALITY OF ANY CLAUSE; REPEALING ORDINANCES IN CONFLICT AND FIXING THE TIME WHEN SAID ORDINANCE SHALL BECOME EFFECTIVE.
Be it ordained by the board of aldermen of the city of browning, missouri, as follows:
SECTION 1: ORDINANCE- HOW CITED --This ordnance may be cited as the "POOL HALL ORDINANCE".
SECTION 2: DEFINITIONS --The term Pool Hall as used in this Ordinance shall be construed to mean any Hall or place where billiard tables, pigeonhole tables, jenny lind tables, and or all other tables are kept and used for gaming and upon which balls and cues are used.
SECTION 3: LICENSE REQUIRED: It shall be unlawful for any person to maintain or operate any pool hall, as defined in this Ordinance, within corporate limits of the City of Browning, Missouri, without first having obtained a license from said city therefore, except as herein provided.
SECTION 4: AMOUNT OF LICENSE: The licenses required and imposed under this Ordinance shall be as follows:
(a) for a license to operate a pool hall as herein defined for the period of one year, the sum of $10.00 for each table in said hall.
(b) For license to operate a pool hall as herein defined for a period of six months, the sum of $5.00 for each table in said hall.
SECTION 5: LICENSE NON-TRANSFERABLE: No license issued under this Ordinance shall be transferable or assignable.
SECTION 6: PLAYING POOL ON SUNDAY NOT PERMITTED: No person having a license under the provisions of this Ordinance shall permit the playing of pool or other games between the hors of 12 o'clock of Midnight Saturday night and 6 o'clock A.M. Monday morning.
SECTION 7: RESTRICTIONS AS TO PLAYING OF POOL AND THE PLACE WHERE POOL IS PLAYED: No person shall permit the playing of pool at any other time or otherwise than is authorized by this Ordinance and the regulations herein provided for. Provided, further, that no pool hall licensed under this Ordinance shall be operated in any place where any blinds, screens, doors, swinging doors, curtains, or other arrangements obstruct and obscure the interior of the room where the pool tables are placed from public view, and any person permitting such obstructions shall upon conviction thereof, be found guilty of a misdemeanor and punished as provided by this Ordinance.
SECTION 8: PROVISIONS CONCERNING DRUNKARDS OR OTHER PERSONS: No person or his employee shall permit any person who is under, or apparently under the influence of intoxicating liquor, to remain in such pool hall nor shall the person in charge of such pool hall so licensed under the provisions of this Ordinance shall permit any lewd, immoral, or lascivious conduct, in and about such said pool hall nor shall they permit any lewd, immoral, or disreputable person to liter in or about said pool hall.
SECTION 9: PROVISION CONCERNING MINORS: No minors under the age of 21 years shall be permitted in any pool hall or building licensed for a pool hall under the provisions of this Ordinance unless such minor is accompanied by his parent or guardian.
SECTION 10: HOLDER OF LICENSE TO MAINTAIN ORDER: No person holding a license under the provision of this Ordinance shall allow or permit the use of loud, indecent, or profane conversation in or around the premises where such pool hall is located and shall not allow or permit disorderly conduct, peace disturbance, or brawls in or about said pool hall and shall not allow or permit minors under the age of 21 years to frequent or loiter about said premises unless said minor is accompanied by his parent or guardian.
SECTION 11: GAMBLING NOT PERMITTED: No person operating a pool hall under the terms of this Ordinance shall permit an person in said pool hall whether engaged in the game or not to gamble or bet upon on of the games played on any of the pool tables licensed therein.
SECTION 12: KEEPERS OF POOL TABLES TO POST PORTIONS OF THIS ORDINANCE: All licensed keepers of a pool hall shall post in the room with the tables, section 6, 8, 9, 10, 11 of this Ordinance for the information of the players, and said sections of the Ordinance shall so be placed they can readily read by any person in the pool hall desiring to do so without difficulty.
SECTION 13: APPLICATIONS FOR LICENSE: All applicants for license to operate a pool hall under this Ordinance shall cause to be published a notice as herein after set out, in at lease two issues of some newspaper published in Browning, Missouri, the last publication of which shall be within eight days of the meeting of the board at which time the application for license is to be presented. The applicant for license shall file with the City Clerk his written application for license at least five days before the meeting of the board of aldermen at which said application is to be considered. The applicant shall on or before the day on which the application is to be presented to the Board of Aldermen shall file proof of publication of the notice herein provided for. Said notice shall be substantially in the following form:

NOTICE
Notice is hereby given that the undersigned will present tothe Board of Aldermen to the City of Browning, Missouri, atit's next regular or adjourned meeting on the ________ dayof ________, 19_____ his application for a license to operate apool hall with ___________ tables in the following describedpremises within the corporate limits of the City of Browning,Missouri,. (Here give legal description of premises wherepool hall is to be maintained).

All persons desiring to be heard on the matter may be present at the above meeting of the Board of Aldermen of Browning, Missouri, to be held on the date above mentioned. The cost of publishing the notice shall be paid by the applicant.
The application herein provided for shall be in writing and shall specify the premises in which said pool hall is to be operated with the legal description thereof and shall set forth the number of tables sought to be licensed.
SECTION 14: QUALIFICATIONS OF APPLICANT: No person shall be granted a license under this Ordinance unless such person is a good moral character and native born or naturalized citizen of the United States of America and a legal qualified voter and tax paying citizen of Browning, Missouri, within one year prior to the making of the application; whose licenses as a pool hall operator has been revoked within one year previous to the granting of the application for license; nor shall a license be issued to anyone to a person who does not keep his pool hall in an orderly or lawful manner, nor shall nay pool hall be licensed to any applicant who is not of good moral character and law abiding; nor shall a license be issued for the operation of a pool hall with one block of any church, school.
SECTION 15: GRANTING OF LICENSE: At the meeting of the Board of Aldermen on the date designated in the notice. The Board of Aldermen after being satisfied that due notice of the pendency of the application has been given shall consider said application and shall give opportunity for all persons present to be heard for or against the application for the license; and after a full hearing of all parties so appearing the Board of said meeting or at a later
meeting may grant or refuse said license. If refused, the cause of the refusal shall be set forth in the minutes of the meeting. If the Board of Aldermen orders the license issued said license shall not be delivered until the applicant shall produce the receipt of the City Collector showing the license fee has been paid.
SECTION Sixteen: REVOCATION OF LICENSE: The Board of Aldermen of the City of Browning, Missouri, may, on hearing, revoke any license issued under the provision of this Ordinance for good cause shown, first having given such license not less than ten days notice in writing of the application to revoke, which said notice shall contain the ground or grounds for such revocation set out therein and which notice shall command the licensee to be present at any specified time either at a regular or called meeting of the Board of Alderman and show cause, if any, why such license should not be revoked. Provided that said license shall have full right or be represented by counsel at said hearing and may produce witnesses and evidence in his behalf at such hearing. PROVIDED FURTHER, that such notice and show cause order shall be served by the City Marshall and may be served upon the licensee by leaving a copy thereof with the licensee or any person or employee in charge of the place of business of said licensee.
SECTION Seventeen: PENALTY FOR VIOLATION OF ORDINANCE: Any person violation any of the provisions of this Ordinance except where some penalty is otherwise provided, shall upon conviction thereof be adjudged guilty of a misdemeanor, and shall be punished by a fine of not less that one Dollar ($1.00), and not exceeding One Hundred Dollars ($100.00). Provided, that upon final conviction of any person for the violation of any of the provisions of this Ordinance said conviction shall automatically operate to revoke the license hereunder issued to such person. Provided, further, that the term "conviction" as herein used, shall mean conviction upon final determination of any prosecution for the violation of this Ordinance. Provided, further, that no person having been convicted of the violation of this Ordinance, shall be issued a license or a renewal thereof for a period of one year, from the date of said conviction.
SECTION Eighteen: PERSON DEFINED--- The term "person" as used in this Ordinance shall mean and include any individual, firm, association, stock company, syndicate, partnership or corporation.

SECTION Nineteen: CONVICTION DUTY OF POLICE JUDGE: Upon conviction of any person under the provisions of this Ordinance, it shall be the duty of the Police Judge to certify such conviction to the Board of Aldermen of the City of Browning, Missouri.
SECTION Twenty: REVOCATION SHALL FORFEIT LICENSE FEE: In case of revocation of forfeiture of any license granted and issued under the provisions of this Ordinance for cause or otherwise, the City shall in no event return any part of the license fee paid for such license.
SECTION Twenty-one: UNCONSTITUTIONALITY CLAUSE: Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional, or invalid for any reason, the remainder of said Ordinance shall not be affected thereby.
SECTION Twenty-two: REPEAL CLAUSE: All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.
SECTION Twenty-three: ENACTING SECTION: This Ordinance shall be in full force and effect from and after its passage and approval.
Passed this 5th day of April , 1938.
Attest H.L. Adams City Clerk
H.C. Bailey Mayor
Approved this 5th day of April , 1938.
Note: Original on file.