§ 16-30. Unobstructed view by general public.

(a)

Every billiard hall shall have unobstructed windows or open space on at least one (1) side so that the area is open to view by the general public passing by on a public street or using a corridor, lobby or other rooms to which the public resorts and is admitted without charge. The licensee shall not permit any obstruction of such public view by the use of drawn shades, blinds, partitions or other structures or obstructions.

(b)

The requirements of (a) above may be waived or modified by the chief of police if the licensee can demonstrate:

(1)

The billiard hall is located in a structure deemed a historic landmark, or the structure is within a historic district or a designated business development district, and deemed to have architectural or historic significance; and

(2)

Compliance with the unobstructed view requirement shall require alterations to the structure that will have a substantially detrimental effect on its historic or architectural features. In making his decision, the chief shall consider the written opinion of the city's historic preservation officer in regards to (1) and (2) above. The historic preservation officer shall submit such written opinion to the chief within fourteen (14) days from the date the chief requests the opinion. Failure by the historic preservation officer to submit such written opinion shall be deemed as establishment of both conditions (1) and (2) above.

(Code 1959, § 8A-11; Ord. No. 32225, § 11, 4-9-64; Ord. No. 94707, § 1, 10-11-01)