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(a) Change of Location. A public dance, public dance hall, roller skating rink or arena is not transferable to another location. No person shall transact or solicit business at any location other than at the address stated in the permit. Any change in location of public dance, public dance hall, roller skating rink or arena permitted pursuant to this Chapter shall require the submission of a new application, payment of an application fee, and the issuance of a new permit.
(b) Change of Ownership. A public dance, public dance hall, roller skating rink or arena permit is not transferable to another person. Any change in ownership of a public dance, public dance hall, roller skating rink or arena permitted pursuant to this Chapter shall require the submission of a new application, payment of an application fee, and the issuance of a new permit. For purposes of this section, whenever the person to which a permit has been issued is a corporation or limited liability company and there is a transfer of that corporation's stock or that limited liability company's membership interests such that, following the transfer, the owner of the majority or plurality of shares of stock in the corporation would change or the owner of the majority or plurality of the limited liability company's membership interests would change, the transfer of stock or membership interests shall be considered a change of ownership.
(Ord. 4-2013. Passed 2-26-13.)
(a) The Safety-Service Director may revoke or suspend a public dance, public dance hall, roller skating rink or arena permit where he finds:
(1) That criminal conduct including but not limited to disorderly conduct, assaults, disorderly house as defined by Part Five of the Codified Ordinances of the City of Norwood, Ohio, and felonies as defined in Title 29 of the Ohio Revised Code has or is occurring on the premises of the facility on a repeated basis by customers, patrons, employees, operators, or permitee. Five such offenses committed in a month is prima facie evidence that such conduct is occurring on a repeated basis.
(2) An operator of the facility, or employee or agent of the operator has violated a section of this Chapter;
(3) Criminal conduct including but not limited to disorderly conduct, assaults, disorderly house as defined by Part Five of the Codified Ordinances of the City of Norwood, Ohio, and felonies as defined in Title 29 of the Ohio Revised Code was committed upon the premises, and was reasonably related to the management or operation of the facility;
(4) Any fraud, material misrepresentation or false statement contained in the application for a permit; or
(5) An operator of the facility, or employee or agent of the operator, hindered, obstructed or prevented any inspection of the facility authorized by this Chapter or Part Five of the Codified Ordinances for the City of Norwood, Ohio.
(b) Prior to suspension or revocation of the license, the Safety-Service Director shall furnish the owner or operator of the public dance, public dance hall, roller skating rink or arena with a show cause order stating the reasons why the license shall be suspended or revoked, the grounds for such suspension and revocation, and a date of the upcoming hearing before Council. The notice shall be in writing and shall be mailed priority mail with delivery confirmation to the address listed on the application and shall be posted on the public dance hall or skating rink.
(c) After notice is received and posted, the owner, operator, or agent of the public dance, public dance hall, roller skating rink or arena shall attend a show cause hearing before the Council for the City of Norwood. At the show cause hearing, the Safety-Service Director or designee shall be present and shall present evidence as to why the license should be suspended or revoked. The owner, operator, or agent may present evidence indicating corrections of the violations listed in the show cause order. After hearing the evidence, the Council shall decide whether the license should be suspended or revoked. If the license is suspended or revoked, Council shall set the date upon which the suspension or revocation period will begin.
(d) Failure to attend a show cause hearing shall constitute a wavier of the appeal right and the decision of the Safety-Service Director to suspend or revoke the license shall stand.
(e) No person shall host a public dance nor operate a public dance hall or roller skating rink or arena during the period which the license is suspended or revoked.
(f) Whenever a public roller skating rink or public dance hall permit under the provisions of this chapter is revoked, the public roller skating rink or public dance hall shall cease holding events.
(Ord. 4-2013. Passed 2-26-13.)
(a) Upon display of the proper credentials, any Code Official or any law enforcement officer authorized to enforce this Chapter shall have the right of entry to a public dance, public dance hall, rollerskating rink or arena at any time the facility is open for business for the purpose of conducting an inspection to ensure compliance with this Chapter. For purposes of such inspection, an inspecting official shall be granted full and immediate access by the licensee to the building, grounds and records of the licensee.
(b) If a person denies access to, or in any way impedes, any Code Official or any law enforcement officer authorized to enforce this chapter conducting an inspection of a permitted public dance, public dance hall, or roller skating rink or arena, or any portion thereof, the Code Official or law enforcement officer shall obtain an administrative search warrant from a court of competent jurisdiction.
(Ord. 4-2013. Passed 2-26-13.)
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