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(A) Any person desiring a license to operate a public dancehall shall file with the city an application for the license on a form furnished by the city giving the information requested thereon.
(B) Any person submitting an application for a dancehall license shall not have been convicted of any of the following:
(1) Felony offense in the preceding five years;
(2) Class A or B misdemeanor in the past two years, for which:
(a) Less than two years have elapsed since the date of conviction, the date of release from confinement imposed for the conviction or termination of probation whichever is the later date, if the applicant was convicted of a misdemeanor offense;
(b) Less than five years have elapsed since the date of conviction, the date of release from confinement for the conviction or the termination of probation or parole whichever is the later date, if the applicant was convicted of a felony offense; or
(c) A convicted sex offender.
(C) It shall be unlawful for an applicant to misrepresent any fact or make any false statement in the application, and any misrepresentation shall, in addition to the other penalties prescribed by law, be sufficient cause for denial, suspension or revocation of the license.
(D) All applicants are required to pay a $500 annual license fee and/or may purchase a temporary three-day dance hall permit for $25. Initial license fees shall be prorated monthly, depending on month acquired. Renewal fees shall be due before January 1.
(1998 Code, § 14-82) (Ord. 05-30, passed 10-5-2005) Penalty, see § 118.999
(A) No dancehall license shall be granted unless it shall appear, upon inspection and investigation by the Chief of Police or designee, the Health Officer, the Fire Marshal or designee and the Building Inspector, that the premises desired to be used for the purpose of conducting a dancehall comply with the laws of the state, the provisions of this subchapter, the ordinances of the city regulating health and sanitation, the fire regulations, the zoning requirements and the Building Code, and that a proposed dancehall is properly ventilated and supplied with sufficient toilet conveniences and a safe and proper place for the purpose for which it is used, as determined by regulations adopted by the city. The officers named in this section shall, in their respective capacities, note their approval or disapproval upon the application for the license.
(B) The Chief of Police or designee shall issue such license upon the applicant’s compliance with all prerequisites to issuance.
(1998 Code, § 14-84) (Ord. 05-30, passed 10-5-2005)
A dancehall license issued under this subchapter shall state on its face to whom it is issued, the date of expiration and the address and location of the dancehall, and shall be signed by the Chief of Police or designee and posted by the licensee in a conspicuous place and in such a manner and position that it may be easily read at any time of the day or night.
(1998 Code, § 14-85) (Ord. 05-30, passed 10-5-2005)
A dance hall license holder can have his or her license suspended and/or revoked if at any time the Police Chief or designee determines that a dance hall license holder is not qualified under § 118.048 of this chapter, and/or is under indictment, and/or has charges pending for any offense involving a Class A or B misdemeanor or a felony offense. The Police Chief or designee shall suspend or revoke the license holder’s license until the Chief of Police or designee determines that the license holder is qualified or that the charges against the license holder have been finally adjudicated.
(1998 Code, § 14-88) (Ord. 05-30, passed 10-5-2005)
An adult dancehall business shall be subject to the following:
(A) A person under 17 years of age is permitted to remain on the premises of an adult dancehall only if he or she is accompanied by a parent or guardian;
(B) It shall be unlawful for a person to falsely represent himself or herself to be a parent or a guardian of another person under 17 years of age for the purpose of gaining the other person’s admission into an adult dancehall in violation of the restrictions set forth in division (A) above;
(C) It shall be unlawful for a permittee, owner, operator or employee of an adult dancehall to knowingly allow a person under 17 years of age to enter or remain upon the premises of an adult dancehall in violation of the restrictions set forth in division (A) above; and/or
(D) If a permittee, owner, operator or employee of an adult dancehall allows a person under 17 years of age to enter the premises, it shall be unlawful for such permittee, owner, operator or employee to maintain or operate the premises without conspicuously posting a sign at each entrance to the business that clearly reads: “It is unlawful for a person under 17 years of age to remain on these premises unless he or she is accompanied by a parent or guardian”.
(1998 Code, § 14-89) (Ord. 05-30, passed 10-5-2005) Penalty, see § 118.999
A juvenile dancehall business, regardless of whether or not a permit has been issued for the business under this subchapter, shall be subject to the following.
(A) It shall be unlawful for a person 17 years of age and over to enter a juvenile dancehall.
(B) It shall be unlawful for a person to falsely represent himself or herself to be under 17 years of age for the purpose of gaining admission to a juvenile dancehall.
(C) It shall be unlawful for a permittee, owner, operator or employee of a juvenile dancehall to knowingly allow a person 17 years of age or older to enter or remain upon the premises of a juvenile dancehall.
(D) It shall be unlawful for a permittee, owner, operator or employee of a juvenile dancehall to maintain or operate the premises without posting a conspicuous sign at the entrance to the business that clearly reads: “It is unlawful for any person 17 years of age or over to enter these premises”.
(E) It is a defense to a prosecution under divisions (A) or (B) above that the person is:
(1) A permittee, owner, operator or employee of the dancehall;
(2) A parent or guardian of a person inside the dancehall;
(3) A governmental employee in the performance of official duties; or
(4) A person exclusively on the premises for the repair or maintenance of the premises; the delivery of goods to the premises; or the delivery of services, such as legal, accounting, insurance or other similar services provided to businesses generally.
(F) It shall be unlawful for owner operator or employee to knowingly allow alcoholic beverages on the premises.
(1998 Code, § 14-90) (Ord. 05-30, passed 10-5-2005) Penalty, see § 118.999
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