4-156-305 License – Exceptions.

   No public place of amusement license under this Article III shall be required, if the only amusement to be produced, presented, or conducted is one or more of the following:

      (a)   single pool or billiard table regardless of whether players must pay to use the pool or billiard table;

      (b)   less than four automatic amusement devices; provided, however, that when calculating the number of automatic amusement devices, jukeboxes shall not be counted. A pool or billiard table shall be included when calculating the number of automatic amusement devices for purposes of this subsection if players must pay to use the pool or billiard table; provided that, in no case shall this subsection create an exemption for establishments which contain more than one pool or billiard table regardless of whether any payment is required;

      (c)   music, dancing or other amusement, if: (i) it is offered in a venue with a capacity of less than 100 persons; and (ii) no admission fee, minimum purchase requirement, membership fee or other fee or charge is imposed for the privilege of entering the premises or the portion of premises where the music, dancing or other amusement is provided or permitted;

      (d)   live or recorded music and dancing in a banquet hall, restaurant or similar establishment if: (i) the owner of the establishment possesses the necessary retail food establishment license; and (ii) the music and dancing is being presented in connection with an event which is not open or advertised to the general public, including a wedding, graduation, or religious celebration; and (iii) no admission fee, minimum purchase requirement, membership fee or other fee or charge is imposed for the privilege of entering the premises or the portion of premises where the music and dancing is provided or permitted;

      (e)   live or recorded readings from books or other publications available for sale within the premises of a retail seller of books or other publications, and the presentation of live or recorded music within the premises of a retail seller of printed or recorded music, if: (i) the owner of the establishment possesses the necessary retail establishment license; (ii) the retail activity conducted on the premises is not the sale of alcoholic liquor; and (iii) no admission fee, minimum purchase requirement, or other fee or charge is imposed for the privilege of entering the premises or the portion of premises where the reading or musical presentation takes place;

      (f)   instrumental music by an orchestra of not more than eight pieces in a hotel, restaurant or retail establishment if: (i) no dancing or other entertainment is permitted; and (ii) no admission fee, minimum purchase requirement, membership fee or other fee or charge is imposed for the privilege of entering the premises or the portion of premises where the music is provided or permitted;

      (g)   any amusement produced, presented or conducted on the premises owned or leased, for a minimum lease term of two years, by a private club or lodge that is produced, presented or conducted either (1) solely for its members and their guests, or (2) as part of a program to augment the support of the fine or performing arts by a club that has been in continuous existence for more than 50 years. For purposes of this subsection (g) “private club or lodge” means any not- for-profit association that: (i) has been in active and continuous existence for at least three years; and (ii) has a membership role of more than 50 bona fide members who pay membership dues on an annual or other periodic basis. For purposes of this subsection (g) “bona fide members” do not include members who pay membership dues at the time of an amusement produced, presented or conducted by the club or lodge or in conjunction with contracting for production, presentation or conduct of an amusement by the club, as a condition to entering the premises where the amusement is produced, presented or conducted. For purposes of clause (2) of this subsection (g), a private club's program of supporting the fine or performing arts must include offering residential facilities to performers or artists; offering a venue for practice and performances; and availability of facilities for the discussion, promotion and development of skills and interests in the fine or performing arts. A private club or lodge, at the request of the department of business affairs and consumer protection or the department of police, shall make available for inspection records and documents that provide evidence of its not-for-profit status and membership roles;

      (h)   paid television programming;

      (i)   a health club, racquetball club, tennis club or similar club or organization when such club or organization is organized and operated on a membership basis and for the recreational purposes of its members and its members' guests;

      (j)   an indoor special event licensed under Article IV; or

      (k)   an industrial venue event conducted at an establishment licensed as an industrial private event venue under Article VI.

   For purposes of this section, when determining whether a venue has an occupancy of more than 100 persons, the total occupancy of all rooms or other occupancy areas of the premises of the business operating the amusement shall be calculated.

(Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 12-15-99, p. 21529, § 1; Amend Coun. J. 6-6-01, p. 60078, § 1; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 10-6-05, p. 58166, § 2; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 2-10-16, p. 18766, § 5; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 9)