§ 73-31. DEFINITIONS.
   For the purpose of this Article, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.
   ADULT RAVE CLUB . Any rave club whose patrons or admittees are 18 years of age or older.
   CONVICTION OR CONVICTED . The finding of guilt for a violation of a municipal or county ordinance or state or federal law, adjudication withheld on such a finding of guilt, an adjudication of guilt on any plea of guilty or nolo contendere, or the forfeiture of a bond or bail when charged with a violation of a municipal or county ordinance or state or federal law.
   JUVENILE RAVE CLUB . Any rave club whose patrons or admittees are I7 years of age or younger.
   KNOWINGLY . With actual knowledge of a specific fact or facts, or with reasonable inquiry, a reasonable person should have known a specific fact or facts.
   PERMIT OR RAVE CLUB PERMIT . A permit to operate a rave club.
   PERMITTEE . A person in whose name a permit to operate a rave club has been issued, as well as the individual listed as an applicant on the application for a rave club permit.
   PERSON . An individual, partnership, corporation, association or legal entity.
   PREMISES . The building, the lot, parking areas, and any area under the control of the operator of a rave club.
   RAVE CLUB .
   (a)   Any place, area or property which is operated either as an ongoing enterprise or undertaking or as a one time event or a limited number of events, which is open to the public, and which:
      (1)   Has music, either live or electronically produced or transmitted;
      (2)   Has space available for dancing, or dancing is permitted, whether such dancing takes place or not;
      (3)   Allows free admission or admission by payment of a direct or indirect charge, fee, donation, or any form of consideration, or by the purchase, possession or presentation of a ticket, token, or membership card; and
      (4)   Is not licensed or permitted to sell, serve, or dispense alcoholic beverages for on-premises consumption, or permit alcoholic beverages to be consumed on premises.
   (b)   Notwithstanding the foregoing, a "rave club," as defined herein, does not include:
      (1)   An establishment with a license reviewed and approved by the state to sell, serve or dispense alcoholic beverages for on-premises consumption;
      (2)   A bona fide dance studio where students are taught the art of dancing or ballet;
      (3)   A private residence or residential facility from which the general public is excluded;
      (4)   A place owned and operated by the federal, state, or local government;
      (5)   A public or private elementary school, secondary school, college, or university;
      (6)   A place owned, leased or operated by a not-for-profit organization and sponsored by a bona fide law enforcement organization or federal, state, local government or school board;
      (7)   An adult dancing facility or adult entertainment facility, as defined in Chapter 61, Town Code, lawfully established, existing, permitted and licensed under the provisions thereof, during such hours of the day as said establishment is being lawfully and principally operated as an adult use; or
      (8)   A place owned, leased or operated by a bona fide religious organization, created, organized, existing and recognized as such pursuant to all applicable law including federal tax laws and 26 U.S.C. Section 501(c)(3) tax exempt religious organization.
   RAVE CLUB REGULATIONS . The regulations set forth in this Article.
(Ord. 2002-02, passed 4-17-02)