Title 43, Chapter 8, Section 2
( 43-8-2)
(a) Subject to the authorizations and limitations of this Code
section, the governing authority of each local government in this
state shall have the power by ordinance or resolution to license,
regulate, and tax billiard rooms within its respective area of
operation. (b) If ordinances or resolutions of local governments regulating
billiard rooms are adopted, such ordinances or resolutions shall be
subject to the following conditions: (1) A license fee shall be consistent with the cost of regulation
of billiard rooms and business taxes assessed upon billiard rooms
shall be established on the same basis as such taxes are imposed
for similar types of businesses, provided that a license fee may
be imposed on a billiard room which is operated as part of another
business or activity licensed by a local government; (2) An ordinance or resolution which prohibits the operation of
billiard rooms during specified hours shall not apply to a
business which includes a billiard room if the billiard room is
not operated during the prohibited hours; provided, however, no
ordinance or resolution controlling the hours of operation of
billiard rooms shall prohibit their operation from 6:00 A.M. until
12:00 Midnight; (3) Any ordinance or resolution which prohibits alcoholic
beverages from being sold, served, or allowed to be used in or on
the premises of billiard rooms or any place operated in connection
therewith shall not apply if such premises or establishment is an
establishment which is authorized to sell alcoholic beverages and
derives at least 50 percent of its total annual gross revenues
from the sale of products or services other than alcoholic
beverages; provided, however, that if alcoholic beverages are sold
by the drink for consumption on the premises of a billiard room,
the governing authority of a local government may prohibit the
sale, serving, or use of alcoholic beverages therein unless the
establishment derives at least 75 percent of its revenue from the
sale of products or services other than alcoholic beverages; and (4) No local government may prohibit billiard rooms or the playing
of billiards in any business which neither sells alcoholic
beverages for consumption on the premises nor engages in package
sales of such beverages nor allows alcoholic beverages to be
consumed on the premises. (c) Notwithstanding anything in this chapter to the contrary,
municipal corporations and counties may impose reasonable
regulations, suspension and revocation of licenses under the same
standards that are applicable to other businesses licensed by the
municipality or county. |