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DANCES AND DANCEHALLS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT DANCEHALL. Any dancehall that admits patrons 17 years of age or older.
BREACH OF THE PEACE. Acts that disturb the public order, including, but not limited to, homicide, assault, affray, communication threats, unlawful possession of dangerous or deadly weapons and discharging firearms.
CONVICTED SEX OFFENDER. A person that has received a rendition of an order by a court imposing a punishment of incarceration, probation or fine for a crime of: aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual assault 65 years or older, aggravated kidnapping (violate/abuse victim sexually), indecency with child sexual-contact, sexual assault, sexual assault of a child, sexual performance of child, prohibited sexual conduct, compelling prostitution, possession/promotion of child pornography, indecency with child-exposure, kidnapping with victim under 17 years of age, unlawful restraint with victim under 17 years of age, aggravated kidnapping (with no sexual intent and victim under 17 years of age), indecent exposure-second conviction, preparatory offense-attempt, conspiracy and solicitation to commit any sexual offense. Also included herein is a conviction involving the violations of any statute from another state regardless of title, that the elements of which meet the above offenses.
CONVICTION. A conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated or pardoned.
EMPLOYEE. An pertains to any person who performs any service or entertainment upon the premises of a dancehall business, whether or not the person is denominated any employee, independent contractor, agent or otherwise, and regardless of whether the person paid is paid a salary, wage or other compensation by the owner or operator of the business. The term EMPLOYEE does not include a person exclusively on the premises for any of the following:
(1) The repair or maintenance of the premises;
(2) The delivery of goods to the premises; or
(3) The delivery of services, such as legal, accounting, insurance or other similar services provided to businesses generally.
JUVENILE. A person under 17 years of age.
JUVENILE DANCEHALL. Any dancehall whose patrons or admittees are under 17 years of age.
KNOWINGLY. With actual knowledge of a specific fact or, with reasonable inquiry, a reasonable person should have known a specific fact.
OPERATOR. Any person who is both present on and in charge of any dancehall business premises.
OWNER. The legal owner of a dancehall business and includes the following:
(1) The owner of a sole proprietorship;
(2) Each member of a firm, association, LLC or general partnership;
(3) Each general partner in a limited partnership; or
(4) Each officer, director and owner of 50% or more of the stock of a corporation.
PREMISES. The interior of a structure and all exterior areas owned or leased by the permittee.
PUBLIC DANCE. Any dance or ball to which admission can be had by payment of a fee or by the purchase, possession or presentation of a ticket or token, or at which a charge is made for caring for clothing or other property, or any other dance for which the public generally may gain admission with or without the payment of fee.
PUBLIC DANCEHALL. Any place or area of property operated as open to the public 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; and
(3) Allows 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 or token.
RESIDENTIAL FACILITY. A detached duplex, triplex, quadraplex, attached or multi-family dwelling, manufactured home, mobile home, group home for up to six clients, boardinghouse or dormitory. A RESIDENTIAL FACILITY specifically excludes any structure that primarily functions as a warehouse or storage structure, regardless of whether an individual is residing within the structure.
(1998 Code, § 14-61) (Ord. 05-30, passed 10-5-2005)
Notwithstanding the foregoing, a dancehall does not include:
(A) A private residence or residential facility from which the general public is excluded. A private residence does not include a structure primarily designed as a warehouse or storage structure, regardless of whether an individual is living within the structure;
(B) A place owned or operated by the federal, state or local government;
(C) A public or private elementary school, middle school, high school, college or university;
(D) A place owned or operated by a bona fide religious or civic organization, created, organized, existing and recognized as such pursuant to all applicable laws; and
(E) Any establishment or place that is regulated by the State Alcoholic Beverage Commission due to licensing.
(1998 Code, § 14-62) (Ord. 05-30, passed 10-5-2005)
The Chief of Police shall have the authority to enforce the provisions of this subchapter and all rules, regulations and ordinances relating to public dances and public dancehalls. In making determinations as to proper cleanliness and sanitation conditions, fire safety requirements and building regulations, uses and requirements and the like, the Chief of Police shall work with and seek the aid of the proper city department administering these regulations for the city.
(1998 Code, § 14-63) (Ord. 05-30, passed 10-5-2005)
All public dancehalls shall be kept at all times in clean, healthful and sanitary condition and all rooms connected therewith shall be kept open and the entire place shall be well lighted.
(1998 Code, § 14-64) (Ord. 05-30, passed 10-5-2005) Penalty, see § 118.999
It shall be unlawful for any person in charge of any public dancehall to permit any boisterous or disorderly person to enter, be or remain in or to assist in any public dancehall or public dance, and it shall be unlawful for any person to conduct himself or herself in a boisterous or disorderly manner in any public dancehall or at any public dance. No intoxicated person shall be permitted in any dancehall.
(1998 Code, § 14-65) Penalty, see § 118.999
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