Ordinance No. 585 - Billard RoomsORDINANCE NO. 585
AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ROSEMEAD
SUSPENDING SECTIONS 7.18.010
THROUGH 7.18.120 OF THE LOS
ANGELES COUNTY BUSINESS LICENSE
ORDINANCE AS ADOPTED BY THE CITY
OF ROSEMEAD AND ESTABLISHING AN
INTERIM PROHIBITION ON THE
ESTABLISHMENT OF BILLIARD ROOMS
IN THE CITY.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN
AS FOLLOWS:
SECTION 1. During the affective period of this
ordinance, sections 7.18.010 through and including 7.18.120,
"Billiard Rooms," of the Los Angeles County Business License
Ordinance, as adopted by Section 6200 of the Rosemead
Municipal Code, are hereby suspended.
SECTION 1. While this Ordinance remains in effect, no
business icenses, certificates of occupancy, conditional use
• permits, building permits or other permits authorizing the
establishment or expansion of billiard clubs or public
billiard rooms within the City of Rosemead shall be issued.
SECTION 2. While this Ordinance is in effect, no
person, E3 partnership, corporation, company or
organization of any kind shall commence or conduct the
operation of any billiard clubs or public billiard rooms in
the City of Rosemead. This Ordinance shall not apply to any
business establishment licensed to do business in the City of
Rosemead and lawfully engaged in billiard clubs or public
billiard rooms as of the date of adoption of this ordinance
provided, however, that any such business is prohibited by
this Ordinance from expanding such use.
SECTION 4. Definitions:
• 7.18.010 A. "Billiard club" means a proprietary
club where billiards, bagatelle or pool is played,
or in which any billiard, bagatelle or pool table
is kept and persons are permitted to play or do
play thereon, whether any compensation or reward is
charged for the use of such table or not.
"Billiard club" does not include a place having not
more than one pool or billiard table, which table
is maintained as an incident to some other type of
business or activity.
B. "Public billiard room" means any
place open to the public where billiards, bagatelle
or pool is played, or in which any billiard,
bagatelle or pool table is kept and persons are
permitted to play or do play thereon, whether any
compensation or reward is charged for the use of
such table or not. "Public billiard room" does not
include a place having not more than one pool or
billiard table, which table is maintained as an
incident to some other type of business or
activity.
SECTION 5. Pursuant to the provisions of Section 65858
of the Government Code of the State of California, this is an
urgency ordinance creating a moratorium. This Ordinance
shall take effect immediately. The facts constituting the
urgency are as follows:
The City Council finds and determines that the
moratorium created by this Ordinance is enacted to protect
and preserve the public health, safety and welfare of the
community pending Planning Commission review of this subject
and a report to the City Council with appropriate
recommendations for enactment of zoning or other regulations
for the conduct of billiard clubs or public billiard rooms.
• The City's chief law enforcement officer has reported
to the Council the need for regulation of such uses. In
particular, restriction on the congregating of minors at such
establishments must be considered.
SECTION 6. The Planning Commission, or, on appeal
pursuant to the provisions of the Rosemead Zoning Code,
the City Council, may grant relief, subject to conditions to
protect the public health and welfare from the provisions of
this moratorium ordinance and authorize establishment or
operation of billiard clubs or public billiard rooms or
expansion of the facilities housing such a use, in any zone
in which, but for the provisions of this Ordinance, such a
use would be a permitted use.
SECTION 7. This Ordinance shall not be deemed to
• regulate any activities, the regulation of which is preempted
by California law.
SECTION 8. If any provision of this Ordinance is held
to be unconstitutional, it is the intent of the City Council
that such portion of this Ordinance be severable from the
remainder and that the remainder be given full force and
effect.
SECTION 9. Violation of this Ordinance is a misdemeanor
and is punishable by a fine of not more than $1,000 or by
imprisonment in the County jail for a period of not more than
six months or by both such fine and imprisonment. Each day
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during any portion of which any violation of any provision of
this Ordinance is committed, continued or permitted,
constitutes a separate offense.
SECTION 10. This Ordinance shall be of no further force
and effect forty-five days after enactment of this Ordinance,
unless extended pursuant to Government Code Section 65858.
SECTION 11. The City Clerk shall certify to the adoption
of thesis Office.
PASSED, APPROVED and ADOPTED this 17th day of
December . 1985.
ATTEST:
• CITY CLERK
0
MAYOR
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