The purpose of this report is to amend the code provisions to allow persons, 18-21 years of age, to enter and remain in pool and billiard halls would have any significant impact on public safety. The changes are intended to promote small business opportunity and provide additional recreational and social opportunities to persons 18-21 years of age.

Under the existing Sunnyvale Municipal Code provisions (Chapter 9.84), persons 18-21 years of age are forbidden to enter billiard establishments, although under State law minors are permitted to enter these establishments. A review of calls for service during the prior 3-year period has shown that there was no significant activity related to pool and billiard halls that would cause concern that allowing minors in these areas would be unsafe.

Current State law permits anyone under 21 years of age to be in certain licensed establishments where the only alcoholic beverage served is beer. Any change to the Sunnyvale Municipal Code would need to require at least this restriction, with further restrictions placed to limit access such that only persons 18-21 years of age will be permitted entry. A further requirement would be needed to allow the Director of the Department of Public Safety to take steps to prevent minors access to a particular establishment, for cause.

On December 14, 1999 Council approved a 6 month "Trial Period". During this period, 18-21 year olds, have been allowed in pool halls. A review of calls for service during the "Trial Period" shows no activity in or associated with these establishments. There is no evidence to suggest that this trend will change. Neighboring jurisdictions, which permit minors in these establishments, have also not had any issues of concern.

It is recommended that Council approve an amendment to the existing Sunnyvale Municipal Code Chapter 9.84 to allow persons 18-21 years of age in pool/billiard halls.

On November 9, 1999 owners of the Lucky Shot and Bank Shot Billiard Hall requested that City Council change the age limit of those allowed in pool halls from 21 and over to 18 and over. On December 14, 1999 Council approved a 6-month "Trial Period" to allow that request. During the trial period Public Safety was asked to study the impact of making this change permanent.

This study was intended to determine the impact of lowering the age limit. To accomplish this assessment, Public Safety began by reviewing past activity to determine if, under the current law, pool halls accounted for any unusual activity volume. Three past years of activity associated with the two pool halls in Sunnyvale was reviewed. The study concentrated on activity such as public intoxication, drugs, violence, weapons and disturbances that would indicate that the existing pool halls had activity that would pose a risk to minors if they were brought into the area. Alcoholic Beverage Control (ABC) records were also checked to see if there was any past, present or planned action against the license of either business.

A review was also done for activity related to the trial period. Since the trial period is too short to be of any statistical use, two other jurisdictions that have been permitting minors in pool/billiard halls were evaluated. The cities of Palo Alto and Mountain View both allow minors, 18-21 years of age, in such establishments. Palo Alto has a comprehensive licensing scheme which is administered by the Chief of Police. Palo Alto’s Municipal Code related to licensing is extensive and covers all types of alcohol-related businesses, and governs design, layout, lighting, minor time restrictions and other factors. Palo Alto restricts minors based on age group and time of day. Mountain View has a permit process, which is administered by the Chief of Police. Mountain View treats 18-21 year olds as adults and places no restriction on them, relying on State law to restrict alcohol use and sale. Their ordinance requires those under 18 years of age to be accompanied by a parent. Sunnyvale does not have any permit or licensing procedure in place and currently does not allow anyone under 21 years of age to enter pool halls.

The final review was that of nearby business types and the impact that bringing minors in to the neighborhood would have. This was not given great weight in the study as it would only apply to current businesses and existing pool halls and would not apply to future development. Mountain View has 3 pool halls. They are located downtown, in an area similar in nature to Sunnyvale’s bar/restaurant area and in other commercial areas. Palo Alto has three pool halls. They are in a variety of areas including their downtown area, university area and one isolated location. Both agencies expressed no concerns regarding calls for service related to minors being in these businesses.

The changes proposed are intended to promote small business opportunity and provide additional recreational and social opportunities to persons 18-21 years of age. The proposed changes consider the health and safety of the minors, the continued safe/orderly operation of the pool halls and the continued peace of the surrounding neighbors.

This report will refer to "activities" which will be defined as any contact involving police, fire or emergency medical services, whether initiated by participants, a third party or self initiated by an officer. When reference is made to activities that are "associated with" the address, the reference is to activities in, near or where the address or business name is referred to in the activity.

During the past 3 years there was 1 activity associated with the Bank Shot Billiard Hall, 350 Altair Way. This was a traffic citation for a vehicle with an expired registration and is not germane to this study. There were 5 activities associated with Lucky Shot, 189 S. Murphy Ave. Two were 911 calls that were disconnected and resulted in a welfare check with no further action taken. One call was a routine citizen contact. One call was found property. The final call was an assault/battery. The assault/battery occurred 10:00 PM on a Sunday night. This assault/battery actually occurred at, the French Quarter, a business next door. It involved adults and the only involvement of the Lucky Shot was that an employee was a witness. There have been no activities since May 16, 1999. A review of the "Trial Period" shows no activities for either pool hall. ABC has no action history for either business.

Neither Palo Alto nor Mountain View has experienced any problems of note and neither has had to take action against a licensee/permitee because of minors or for any other reason. Neither agency has any call history at the pool halls in the past 12 months. Palo Alto also described their 3 establishments as running the gamut of "yuppie type" to "social gatherings" to local "drinking" type facilities. Mountain View has one downtown establishment and is more a "social gathering" place.

The areas surrounding the two businesses in Sunnyvale are commercial-retail, primarily restaurant/bar. Lucky Shot, located on the 100 block of S. Murphy Street, is downtown and surrounded by drinking establishments. It is exposed to more foot traffic, vehicle traffic and persons who may already be intoxicated upon their entry. This is of some concern as it puts minors in direct contact with adults in an area where various types of alcoholic beverages are being consumed. This, however, could occur if a minor was downtown to use one of the restaurants. The Bank Shot Billiard Hall is in a more secluded area with much less exposure to drinking or eating establishments.

The data does not present any reason that would indicate permitting persons 18-21 years of age in these establishments would impact public safety services or pose a risk to minors. Current State law permits persons under 21 years of age to be in a business licensed as "Bar, Tavern", Type 40. The Type 40 license limits alcohol sale and consumption to on-premises sale/consumption of beer. Full meals are not required, but sandwiches and snacks must be available. This is the type license that will be required for pool/billiard halls.

Any Sunnyvale Municipal Code amendment should clearly define "Billiard Room" or "Pool Hall" to mean any establishment open to the public for the lawful playing of billiards, pool, snooker and other similar games, whether or not the playing of such games constitutes the principal business upon the premises. This definition only applies to those businesses which serve any alcohol with a type 40 license, which under the Business and Professions Code or by the Alcoholic Beverage Control allows minors on the premises of these establishments.

The ordinance should begin by making it unlawful for minors to be on the premises, then provide an exception for minors age 18-21 when the business has written authorization from the Director of Public Safety or by requiring a permit needing final approval by the Director of Public Safety. The Director of Public Safety should have the authority to require more restrictive hours for minors, or exclude minors from any particular billiard room, if he determines that inadequate precautions exist to prevent criminal acts by or victimization of minors. This would be in addition to any action the ABC may take for license violations.

Sunnyvale does not have a licensing or permitting procedure currently, although one could be created. There is, however, some question of the need for a permit or license. Palo Alto, for example, uses its licensing to require extensive design features in all drinking establishments. Many of the requirements are not enforced, creating unnecessary bureaucracy. Sunnyvale could accomplish the desired effect with a written authorization from the Director of Public Safety.

There are six areas that are addressed in the proposed amendment.

1. Pool Halls must be clearly defined as indicated earlier.
2. Minors should be prohibited from entering pool/billiard halls with an exception given to minors, 18-21 years old, when the pool/billiard hall has approval from the Director of Public Safety.
3. The Director of Public Safety must be given the authority to immediately revoke authorization of the exception listed in #2 above.
4. Hours of operation must be defined.
5. Peace officers must be given free access during all hours of occupancy.
6. The City currently has a Planning Review Committee whose review would include a review of design features so that the design is appropriate for minors to be on premises and be unable to conceal alcohol possession/use.

No fiscal impact to the City.

Council Study Agenda.

A copy of this report and notification of hearing date is being provided to the Lucky Shot and Bank Shot Billiard Halls

Staff recommends Alternative 1.

Prepared by:

Ron D’Alba
Lieutenant, Public Safety

Reviewed by:

Irwin I. Bakin
Director, Public Safety

Approved by:

Robert S. LaSala
City Manager

Attachment(s):

1. An Ordinance of the City Council of the City of Sunnyvale Amending Chapter 9.84 of the Sunnyvale Municipal Code Pertaining to Minors in Pool and Billiard Halls