Request By:
Hon. Roy Arnold, Mayor
City of Danville
P.O. Box 670
Danville, Kentucky 40422
Opinion
Opinion By: Robert F. Stephens, Attorney General; (Miss) Pat Douglas Davis, Assistant Attorney General
This is in response to your inquiry regarding local regulation of pool halls.
It is our opinion that Danville's City Council may regulate the hours during which pool halls may be open for business. KRS 86.120 grants to cities the ability to "license, tax, and regulate within the city . . . places of amusement." We have determined in earlier opinions that the location of pool halls may be regulated (see OAG 70-205), and that a minimum age may be also so established (OAG 67-74). The regulation of business hours appears to be very similar to this type of regulation, and would therefore be valid under the same reasoning. The ability to regulate business hours would necessarily include the power to require restaurants and other multi-purpose establishments to close their billiard facilities at the same time as any other pool hall.
I have reviewed your present ordinance, and § 30.100(1) appears to be proper, since it requires only that pool halls within the City of Danville be closed from 11:00 p.m. to daybreak and on Sundays. This does not appear to be unduly restrictive.
Enclosed are copies of OAG 70-205 and OAG 67-74. If we may further assist you, please so advise.