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The following terms, when used in this division, shall have the meanings respectively ascribed to them in this section.
CABARET, NIGHTCLUB or TAVERN. Any space, structure, building or resort opened to the public, enclosed or unenclosed, where food, beer, wine or other beverage is served on the premises, including restaurants and cafés, and where patrons are provided with a space for dancing or are permitted to dance.
CLUB. Any bona fide nonprofit society, association of persons or corporation organized for civic, fraternal, social or charitable purposes, or any purpose not a business or commercial purpose, which owns, rents or operates a place or building for the accommodation of its members when such place or premises or any part thereof is used for dancing by members of the club or is rented to others for such purposes.
DANCING SCHOOL. Any room, space or academy in which classes are held and instruction in dancing is given for hire.
OPERATOR. The person who conducts, manages, maintains or controls, either directly or indirectly, any dance hall.
PUBLIC DANCE. Any dance to which admission can be had by paying a fee or by the purchase, possession or presentation of a ticket or token, or in which a charge is made for checking wearing apparel or parcels, or any other dance in which the public generally may gain admission with the payment of a fee directly or indirectly or without payment of a fee.
PUBLIC DANCE HALL. Any room, space or building where a public dance is held.
PRIVATE DANCE. Includes any dance given at any home or any dance given or held by a bona fide club, admission to which is granted to members and their invited guests and from which the general public is excluded.
(1964 Code, § 13-1)
Cross-reference:
Definitions and rules of construction generally, see § 1-2
The provisions of this division shall not apply to private clubs, societies, persons or corporations where the attendance is restricted to the members of the society, club or corporation and their invited guests, and from which the general public is excluded.
(1964 Code, § 13-2)
The classifications and license fees for each type of dance hall are as follows:
(a) All cabarets, nightclubs and taverns are class A dance halls, and the license fee shall be $100 per year.
(b) All other dance halls are class B, the license fee for which shall be $15 per year, save and except as provided in subsection (c) below.
(c) Class C dance halls shall be dancing schools, the license fee for which shall be $1 per year.
(1964 Code, § 13-4) (Ord. 8811, § 1, passed 5-10-1983)
It shall be unlawful for any person to hold or conduct any public dance or dancing school, as defined in this division, within the city unless the dance hall where same may be held has first been licensed for such purpose. Such license shall be issued by the assessor-collector of taxes when the conditions of this division have been complied with and when such application has been approved by the chief of police or his or her designee or the city council.
(1964 Code, § 13-3)
Any person desiring a license required by this division to operate a dance hall shall file with the chief of police a sworn written application for such license, which application shall state:
(a) The location by street and number of the place, space, building, room or floor and the size thereof which is proposed to be used for such purpose and the name and address of the applicant;
(b) If the applicant is an individual, that he or she is a bona fide resident of the city and the state, and the length of such residence therein, that he or she has not been convicted of a felony or misdemeanor, and, if so, the nature of the offense;
(c) If the applicant is a firm, association or partnership, all of the information prescribed in subsection (b) of this section as to each individual composing the firm, association or partnership;
(d) If the applicant is a corporation, that the applicant is organized and chartered under the laws of the state, or if a foreign corporation, that such corporation has complied with the laws of the state, and the same information with reference to the operator or person in charge of such dance hall shall be given as prescribed in subsection (b) of this section; in addition thereto a list of the officers, directors and stockholders of such corporation shall be given;
(e) Previous occupation or employment of the applicant for a period of five years next preceding the filing of his or her application;
(f) In the case of applications for class C licenses, such application shall give the names and addresses of each instructor in the school of dancing; and
(g) Whether a hotel, rooming house or lodginghouse is conducted in any part of the premises for which a license is sought, and if so, the number of rooms contained in such hotel, rooming house or lodginghouse.
(1964 Code, § 13-5)
The dance hall license required by this division shall state on its face to whom it is issued, the date it will expire, the address and location of such dance hall and whether the license is issued for class A, B or C dance hall. It shall be posted by the licensee in a conspicuous place at or near the entrance and in such a place and position that it may be easily read at any time of day or night.
(1964 Code, § 13-8) (Ord. 22768-06-2017, § 1, passed 6-20-2017)
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