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(a) No permit for a public roller skating rink or public dance hall shall be issued until it shall be found that such rink, hall, or place complies with the ordinances of the City of Norwood, the Health and Fire Codes of the City, and the laws of the State of Ohio.
(b) Applications for a public roller skating rink or public dance hall shall be referred to the Chief of Police, City Health Commissioner, Fire Chief, and Building Commissioner, who shall inspect the roller skating rink, public dance hall, building, or premises described in the application to determine whether the same complies with the regulations, ordinances, and laws applicable thereto. Such officer shall furnish to the Safety-Service Director the information obtained in such investigation, accompanied by a recommendation as to whether a permit should be granted or refused. No permit shall be extended or renewed without the inspection and report and recommendation of the officers named herein as provided.
(Ord. 4-2013. Passed 2-26-13.)
(a) Subject to the terms of this Chapter, the Safety-Service Director shall issue a license to an applicant to operate a public dance, public dance hall, roller skating rink or arena at a specified location, unless the Safety-Service Director finds any of the following:
(1) That the application does not contain all the required information, or that the application contains a material misrepresentation; or
(2) That the facility which is to be licensed fails to conform to the Codified Ordinances of the City of Norwood, Ohio, as provided in Section 747.04.
(b) The Safety-Service Director may refuse to issue a license to an applicant upon finding any of the following:
(1) That the owner, agent, or person having control of the public dance, public dance hall, rollerskating rink or arena has been convicted of a felony within the past ten years or is on probation or parole for a felony; or
(2) 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 premia facia evidence that such conduct is occurring on a repeated basis.
(c) If the Safety-Service Director denies the issuance of a license to an applicant, the Safety-Service Director shall provide written notice of the denial stating the grounds for the denial. The notice shall be mailed priority mail with delivery confirmation.
(d) The owner or operator of the public dance, public dance hall, roller skating rink or arena may appeal the decision of the Safety Service Director to the Council for the City of Norwood. Such appeal shall be in writing and shall be within ten days of the mailing of the notice which shall act as an administrative body. Council shall schedule a hearing of the appeal at the earliest date possible. Council may affirm or modify the decision of the Safety-Service Director.
(e) The issuance of a license under this Chapter does not shield the owner or operator from complying with the Norwood Fire Code, Norwood Health Code, Norwood Building Code, Norwood Property Maintenance Code, or Norwood Zoning Code. Any license issued in error does not indicate that the facility complies with the Norwood Fire Code, Norwood Health Code, Norwood Building Code, Norwood Property Maintenance Code, or Norwood Zoning Code.
(f) The issued license shall be displayed in a conspicuous place within the public area of the facility.
(Ord. 4-2013. Passed 2-26-13.)
(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.)
The decision of Council regarding the refusal to issue, renew, and the suspension or revocation of, a pubic dance, public dance hall, or roller skating rink or arena permit shall be pursuant to the provisions of this Chapter, and shall be a final administrative order appealable to a court of competent jurisdiction.
(Ord. 4-2013. Passed 2-26-13.)
It shall be the duty of the owner of every room, place, space, or building rented or used for a public roller skating rink or dance hall as well as the person or organization conducting the roller skating rink or dance hall, to see that the provisions of all laws, ordinances, and regulations relative to roller skating, roller skating rink, dance hall are complied with and he shall also furnish to the Safety-Service Director, not less than twenty-four hours in advance a list showing the days and hours when dancing or roller skating will be conducted therein.
(Ord. 4-2013. Passed 2-26-13.)
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