§ 111.01 PUBLIC DANCES.

   (A)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      PUBLIC DANCE. Includes any dance, rock festival, masquerade or ball given or conducted for which a fee, contribution or collection for purposes of admission is charged; provided, that the term shall not be construed to include dances, music festivals, masquerades or balls to which admission is limited strictly to persons expressly invited by the person, organization or society giving or holding such dance, masquerade or ball and which is not given or conducted designedly for profit or gain so such person, organization or society giving or conducting the same and, provided further, that the provisions herein shall not apply to any dance conducted under the supervision and direction of the governing body of any school district within the municipality.

(Prior Code, § 10-501)

   (B)   Supervision.

      (1)   The municipal law enforcement shall be permitted to enter any public dance for the purpose of inspection at any time. The governing body is hereby empowered to appoint or designate a chaperone or inspector to be present at any and all public dances conducted within the municipality. The chaperone or inspector shall take the oath required of the municipal law enforcement and shall have all the powers and duties conferred upon regularly appointed police. It shall be the duty of said chaperone or inspector to enforce the provisions herein. Said chaperone or inspector may call upon any police officer or the person or persons conducting said dance for assistance in ejecting any person form the dance if that person is offending against the decent and peaceful proprieties of a social gathering.

      (2)   The chaperone or inspector so appointed shall be entitled to charge for his or her services at each dance and shall receive such fee as the governing body shall, by motion, designate. Said fee shall be paid by the person or persons conducting the public dance prior to the opening of said public dance. It shall be unlawful for any person or persons conducting a public dance to begin said dance until a chaperone or inspector is present unless the governing body waives the right to make such an appointment. Said chaperone or inspector shall make a written report to the governing body concerning each dance attended.

      (3)   The governing body may, in its discretion, designate one or more additional peace officers to work with the chaperone or inspector during the hours of the public dance, and the compensation of any additional peace officer so appointed shall be equal to and paid in the same manner as the chaperone or inspector’s compensation.

(Prior Code, § 10-502)

Penalty, see § 10.99

Statutory reference:

   Similar provisions, see Neb. RS 17-207

GAMES OF CHANCE AND LOTTERIES

§ 111.15 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DISTRIBUTOR. Any person who engages in the business of selling, leasing or delivering possession or custody of gambling devices for consideration to a person engaged in the occupation of conducting games of chance and/or lotteries.

   GAMBLING DEVICE. Any and all machines or devices used by a person engaged in the occupation of conducting games of chance and/or lotteries.

   GAMES OF CHANCE AND/OR LOTTERIES. Forms of gambling authorized by the state pursuant to Article 3, § 24 of the Constitution of the state.

   PERSON ENGAGED IN THE OCCUPATION OF CONDUCTING GAMES OF CHANCE AND/OR LOTTERIES. Any person who operates, owns or is the lessee of a place of business where any game of chance and/or lottery activity is conducted, whether or not any other type of business is conducted on the premises; or, any person who either directly controls or manages the games of chance and/or lotteries, or owns any machine or device used to engage in the occupation of games of chance and/or lotteries, but does not sell, lease or deliver possession or custody of such a device to other persons.

(Prior Code, § 10-503)

§ 111.16 OCCUPATION TAX REQUIRED.

   (A)   Occupation tax. An occupation tax is hereby imposed on each person engaged in the occupation of conducting games of chance and lottery activities within the village. Every person conducting games of chance and lottery activities within the village shall pay the tax in the amount and manner specified in division (C) below.

(Prior Code, § 10-504)

   (B)   Amount of occupation tax for persons engaged in the occupation of conducting games of chance and lotteries. The occupation tax for each person engaging in the occupation of conducting games of chance and lottery activities within the village shall be 5% of the gross receipts received by said person in each quarter of the calendar year.

(Prior Code, § 10-505)

   (C)   Amount of occupation tax for distributor. The occupation tax for engaging in the occupation of distributing gambling devices within the village shall be 5% of the gross receipts received by a distributor in each quarter of the year.

(Prior Code, § 10-506)

§ 111.17 LICENSE; APPLICATIONS; DISPLAY; FEE.

   (A)   Prohibition. It shall be unlawful for any person to engage in the occupations for conducting games of chance or lottery activities without first obtaining a license to do so.

(Prior Code, § 10-507)

   (B)   License applications. Every person desiring a license required by the provisions of this subchapter shall make application to the Clerk-Treasurer. Accompanying each application shall be:

      (1)   A sworn statement by each designated supervising member that such member will be responsible for compliance with rules and regulations for each occasion of games of chance and/or lotteries that he or she supervises; and

      (2)   A sworn statement by the member designated as responsible for the proper utilization of gross receipts that no commission, fee, rent, seller profits, compensation, reward or recompense will be paid to any person or organization not sanctioned by the laws of the state and the village and that such profits will be spent for a lawful purpose.

(Prior Code, § 10-508)

   (C)   Display of license. Every license issued under the provisions of this section shall be conspicuously displayed at the place where the games of chance and/or lottery activity is conducted at all times during the conduct thereof.

(Prior Code, § 10-509)

   (D)   License fee. The license fee for engaging in the occupation of conducting games of chance and lotteries within the village is on file in the office of the Clerk-Treasurer for each location wherein such activity is conducted.

(Prior Code, § 10-510)

Penalty, see § 10.99

§ 111.18 EXCEPTIONS.

   Nonprofit organizations that desire to participate in games of chance and/or lotteries, that are in compliance with the Small Lotteries and Raffles Act, being Neb. RS 9-501 et seq. of the state, are exempt from the provisions of this subchapter.

(Prior Code, § 10-511)