Bill 77 (Legislature 10, Session 5)

L10 S5 7324

Alberta — Bills

Bill No. 77 of 1948. A BILL TO REGULATE BILLIARD ROOMS AND BOWLING ALLEYS NOTE. This Bill introduces a new Act. The new Act contains practically all of the provisions of The Billiard Room Act, being

chapter 327 of the Revised Statutes of Alberta, which it repeals and repla'ces. The administration of the Act is being transferred from the Department of the Attorney General to the Department of Industries and Lahour. In the old A'ct the definition of "billiard room" included a ,bowling alley and the same provisions applied equally to billiard rooms and bowling alleys. In the Act introduced by this Bill, billiard rooms and bow ling alleys are each defined and in certain cases a distinction is drawn between billiard rooms and bowling alleys and the provisi·ons applic able to them.

Section 3 provides for the licensing of billiard rooms and bowling alleys.

Section 4 deals with applications for licenses. Sections 5 to 11 inclusive of the Act are practically the same as the sections in the old Act e:x:cept that the word "Minister" meaning the Minister of Industries and Labour has been substituted for the Attorney General and references are made to bowling alleys as well as to billiard rooms where necessary.

Section 12 provides that no person under the age of eighteen years shall be employed in or about a billiard room. In the case of bowling alleys, however, a boy over the age of sixteen years and under the age of eighteen years may be employed for the purpose of setting up pins if the pr'Oprietor of the bowling alley obtains the written consent of the boy's parent or guardian and the boy is not employed after nine 'O'clock in the evening.

Section 13 prohibits any person under the age of eighteen years from frequenting or loit~ring in, billiard rooms or bowling alleys unless accompanIed by hIS parents, and the person in charge of a billiard room or bowling alle~ is re quired to request any such person under the age of eIghteen years to leave. H'Owever, any pe.rson unde! the age of eig~ teen years may bowl in a bowlIng alley If such person IS

ii bowling as a member of a team or of an 'Organized league from a high school, junior high school or other similar school which is under the supervision of a teacher, athletic instructor or other responsible; adult .' person~ A person under the age of eighteen years. may also. bowl if bowling as a member of a team or of an organized league which has been formed by a recognized youth gr'oup, young people's or ganization 'Or athletic club which is under the supervision of an adult leader of the group, organization or dub, or some other responsible adult person.

Se·ctions 14 to 18 inclusive are practically the. same as the corresponding sections in the old Act except that references to both billiard rooms and bowling alleys have been "in corporated. Under

section 19, the proprietor of a bowling aIIeY)8 guilty of an offence and liable to a fine of fifti .dollars and costs for a first offence' and to one hundred dollars and costs for a second or subsequent offence for a' violation of the provisions .of

section 12 or

section 13. These are the sections whi.ch deal with the employment of persons under the age of eighteen in billiard rooms or bowling alleys and the

section relating to the playing of billiards,. or bowling .by persons under the age of eighteen years and the frequenting or I.oitering in billiard r.ooms and bowling alleys. The remaining sections of the Act are very similar to the sections in the old Act. incorporating su.ch changes as are necessary to refer to the Minister of Industries and Labour and to both billiard rooms and bowling alleys. The tariff· of fees in the

Schedule is also unchanged. W. S. GRAY, Legi~lative Cou'IJ,sel. (This note does not form any part of the Bill but·is offered in explanation of its provisions.)

BILL No. 77 of 1948.

An Act to regulate Billiard Rooms and Bowling Alleys. ( Assented to , 1948~) HIS MAJ~ST~, .by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as "The Billiard Rooms and 'Bowling Alleys Act."

INTERPRETATION. 2.

In this Act, unless the C'ontext otherwise requires,- (a) "Billiard" includes pool, bagatelle or any ot~er similar game; (b) "Billiard room" means any room or ro'Oms in any building, house, shed, tent or other place in which a billiard table is set up for hire or gain,' and shall include any annex, addition, or extension thereto of which the -proprietor of a billiard room is the owner, lessee, tenant, or occupant, 'Or over which he has control; (c) "Bowling alley" means any place in which a bowling alley is operated for hire or gain; (d) "Minister" means the Minister of Industries and Labour; (e) "Municipality" means any dty, 'town, village 'Or municipal district; (/) "Proprietor" means any person, any associati'On of persons whether incorporated or not, or any ,member thereof. who or whi'ch as 'Owner, lessee, tenant or otherwise carries on the business of a billiard room or bowling alley.

LICENSES. 3.-

(1) N'O person shall carryon the business ofa billiard room proprietor unless he has' obtained a license under this Act.

(2) No person shall carry 'On t~e busin,ess of,a'bo\Vlin,g alley proprietor unless he has obtaIned· a hcense under thIS A,ct.

2 4.-

(1) Application for a license under this Act shall be made to the Minister in accordance with such regulations as m.ay be made under this Act.

(2) The Minister in his discretion may grant or refuse the same and may likewise in his discretion ,cancel 'Or sus pend any license S'O granted. 5. The license year for the purposes of this Act shall be from the first day 'Of July, inclusive, in each .calendar year to and including the thirtieth day of June following, and all licenses whensoever issued in the c'Ourse of a Ucense year shall expire at midnight on the thirtieth day of June next following their issue. ,6.

Every license issued under this Act shall state the name 'Of the licensee, the number of tables or alleys which may be kept, and the particular location in any city, town, villa·ge or other locality of the premises upon which such business is S'O authorized. 7. Any license granted under this Act may, subject to the approval of the Minister and in acc'Ordance with such regu lations as may be made in that respect under this Act, be assigned by the licensee to any 'Other person for the balance of the ,current. license year, and the other person shall thereupon become a licensee. 8-.

Any licensee may with the permission 'Of the Minister transfer the business in respect of which he is licensed to premises other than those mentioned in his li~ense, and either in the same or in any other city, town, . village 'Or other locality. 9. Every applicatiQn for a license, 'Or for the assignment thereof, 'Or for permission to transfer a licensed business to 'Other premises, shall be accompanied by payment of the proper fee according to the tariff hereinafter referred to. 10.-

(1) The tariff 'Of fees payable on any application shall be as set 'Out in the Sched ule tQ this Act.

(2) If any license, assignment 'Of a license 'Or transfer of a license is applied fQr at any time after the first day 'Of January in any license year, 'Only 'One-half of the fee as set 'Out in the

Schedule tQ this Act shall be payable. 1.1. In eyery bi,Iliard rOQm and bowling alley the license 'Or hcenses Issued In respect thereof shall at all times while the busines:s thereby licensed is carried' 'On, be exposed in some conspICU'OUS place: Provided, howeve!, that a license may be remQved for the ~urpose 'Of for'Yarding the same to the Minister for altera tion 'Or otherWIse under the provisiQns 'of this Act or any

3 regulatio~ made hereund~r, or for the pur~ose of producing the same In court and business may be carried on during the time the license is so removed as aforesaid. CONDUCT OF BILLIARD ROOMS AND BOWLING ALLEYS. 12.-

(1) No person under the age·of eighteen years shall be employed in or about a billiard room for any purpose con nected with the business thereof.

(2) Ex.cept as otherwise provided herein, no ·person under the age of eighteen years shall be employ~ in or about a bowling alley for any purpose connected with the business thereof.

(3) Any boy over the age of sixteen years and under the age of eighteen years may be employed in a bowling alley solely for the purpose of setting up pins in any case where,- (

a) the proprietor of the bowling alley obtains the writ .. ten consent of the boy's parent or guardian; a.nd (

b) the boy is not so employed after nine o'cloock in the evening. 13.-

(1) Except as otherwise provided herein f no person under the age of eighteen years shall, unless accompanied "by his parent or guardian, be allowed to play any .billiard or bowling game in any billiard room or in any bowling alley governed by the provisions of this Act, or to frequent, remain, or loiter therein.

(2) The person in charge of the billiard room or bowling alley shall request any such person found therein unaccom panied by his parent or guardian to lea'\"e the premises forthwith, and if he refuses to 00 so, reasonable foree may be used for the purpose 'Of evicting him from the said premises.

(3) Any person under the age of eighteen years may bowl in a bowling alley if such person,- (

a) is bowling as a member of a team or of an organized league from a high school, junior high school or other similar s·chool, and if, while bowling, the team is, or the teams of the league are under the super vision of a teacher 1 athletic instructor or other responsible adult person; or (

b) is bow ling as a member of a team or of an organized league which has been formed by a recognized youth group, young peoplefs o-rganization .or athletic club, and if while bowling, the team is, or the teams of the leagu~ are under the supervision of an adult leader of the group, organization or club, or of some other responsible adult person. 14.-

(1) Every billiard room and bowling alley shall be closed and remain closed from and after the hour of half past eleven o'clock on every Saturday night until the hour

4 of-eight o'clock on the Monday morning following, and on the other' nights '.or the w~~k from and after the hour of twelve 'O'clock at night until the hour of seven o'clock on the following morning, and during such prohibited hours no games 'Of any kind shall be played therein.

(2) The council of any city, town, village or municipal district, may pass by-laws providing for the closing therein of billiard rooms or bowling alleys at an earlier hour than the hours mentioned in this secti'On . . ,15. No drunken person shall enter or remain in any billiard r·oom or bowling alley, and no swearing or blas phemous or obscene language shall be uttered or spoken therein. 16.

No person shall carryon 'Or play any gambling game or game of chance of any kind in any billiard room or bowl ing alley, and no pers'On in charge of any billiard room or bowling alley shall allow any such game toO be carried on therein. 17.

No punch-board or other gambling device shall be kept Dr operated in any billiard room or bowling alley. 18. ,The proprietor of any billiard room or bowling alley shall be responsible for the proper carrying out 'Of the pro visiQns of this A·ct in respect thereof and the conviction of any servant or employee for any violatioOn hereof shall be noO b&r to proceedings against the proprietor for the same offence, nor' s~ll the·. "conviction of the proprietor be a ,bar to, proceedings against any servant or employee for any offe~ce committed by such servant or employee. PENALTIES. 19.

For every violation of sectiDn 12 or

section 13 the proprietor shall be guilty of an offence and liable on sum mary conviction to the following penalties, that is to say: (

a) For a first offence to a fine of not more than fifty dollars and costs; (

b) For"~ second or subsequent offence to a fine of not more than one hundred dollars and costs. -20. An¥,person who violates any provision of this Act or a~y regulatIOn made hereunder for the violation of which n~'penalty is. ,herein expressly 'i~posed, shall be guilty of an offence and lIable on.

summary. conviction to a penalty of not more thanfiftyd'Oll~rs and costs. ~1.-

(1) A moiety of every penalty recovered under ~l.lls-A..ct; ~hal1bel:ong t9 ~lle: municipality in which the 'Offence IS; ~~ommItt~d and ,the. otlH~r . moiety shall be paid to the Attorney, General for, the" use of the Province.

(2) If the offence is not committed in any municipality the penalty _ sha!l be -paid to the Attorney General for the use of the ProvInce. POWERS OF MUNICIPALITIES. 22,. Except a~ otherwise -provided herein any by-law pass~ or regulatIon made by the council of any municipality relatIng to any of the matters dealt with in this Act shall be subject to the pr.ovisions hereof and of any regulations passed hereunder. 23.-

(1) Nothing'in this Act shall be deemed to affect the power of any municipality to license billiard rooms or bowling alleys so far as such municipality is authorized so to do by any 4ct.

(2) No license shall be issued by any municipality in . respect .of any billiard room or bowling alley unless and until- a license therefor has first been obtained under this Act. ' --

(3) NoOtwithstanding anythirig coritained in any by-law of any muni'cipality, but without otherwise affecting the validity of the by-law, the fees payable/or any license issued thereunder shall be in addition to. but shall not be more than the fees payable for a license under: this Act .. REGULATIONS. 24. The Lieutenant Governor in CO,uncil may from- time to time make regulations respecting,-:- _ (a) (b) (c) (d) (

e) the inspection of"billiavd rooms and bowling alleys; the appointment of inspect.ors;' the applications for licenses or permits under. this Act; , the revocatlon or suspension of any' license: generally sU,ch other .matters and things not in consistent with this Act or with any other laws in force in the Pr.ovince as may be deemed necessary or expedient for the proper carrying out of the pro visions of this Act according to their true intent. SCOPE OF ACT. 25.

The provisions of this Act shall not apply to any club incorporated by special A,ct of the Legislature, nor to the Young Men's Christian Association, nor to a~y club or association .of persons organized under the auspI~es of the Canadian Legion, the British Empir~ Service League, the Army, Navy and Air Force Veterans In Canada nor to any other organization of ex-seryice!llen approye~ by ~he Minister, nor to any other instItutIon or aSSOCIatIOn ,,:hlch in the oOpinion of the Minister is noOt conducted for gaIn.

6 26. The Billiard &Jom Act, beihg

chapter 327 of the Revised Statutes of Alberta, 1942, is hereby repealed. 27.-This Act shall come into force on the day upon which it is assented to.

SCHEDULE (Section 10.) TARIFF OF FEES.

On ap·plica.tion for license: In the cities of Edmonton, Calgary, Lethbridge and Medkine Hat: For first billiard table .................................................. $40.00 For second billiard table on same premises............ 20.0() For each additional billiard table on same premises 10.00 For first bowling alley .............................................. 20.00 For second bowling alley on same premises .......... 10.00 For each additional bowling alley on same premises 5.00 In places other than Edmonton, Calgary, Lethbridge and Medicine Hat: For first billiard table ................................................ $15.00 For second billiard table on same premises ........ 10.00 For each additional billiard table on same premises 5.00 For first bowling alley ................................................ 10.00 For second bowling alley on same premises......... 5.00 For each additional bowling alley on same premises .................................................................... 3.00 On application for assignment of license .................. 15.00 On application for transfer to other premises .. ;..... 10.00

FIFTH SESSION TENTH LEGISLATURE 12 GEORGE VI 1948 BILL

An Act to Regulate Billiard Rooms and Bowling Alleys. Received and read the First time ....................................... . Second time ..................................... . Third time ....................................... . HON. MR. GERHART. EDMON'l'ON: A. Shnitka, King's Printer 19 .. 8 Title: 1948 (10th, 5th) Bill 77,

An Act to regulate Billiard Rooms and Bowling Alleys

Document details

Collection	Alberta — Bills
Citation	L10 S5 7324
Type	bill
Volume / chapter	L10 S5 7324
Language	en
Format	json
Source	PROVINCIAL
Identifier	2e8a391316bf0c563af1f2bb7c51a42532542f34

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