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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
A juvenile dancehall shall be subject to the following.
(A) It shall be unlawful to operate a juvenile dancehall during any hours other than between 4:00 p.m. and 11:00 p.m.
(B) It shall be unlawful for any person to enter or remain in or upon the premises of a juvenile dancehall other than during the hours set forth in division (A) above, unless the person is a permittee, owner, operator or employee of the dancehall, or a person as described in § 118.056(E)(3) and (E)(4) of this chapter.
(1998 Code, § 14-91) (Ord. 05-30, passed 10-5-2005) Penalty, see § 118.999
POOL HALLS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BILLIARD TABLE. Any table surrounded by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue.
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.
(1) Describes and pertains to any person who performs any service or entertainment upon the premises of a pool hall 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.
(2) The term
EMPLOYEE does not include a person exclusively on the premises for any of the following:
(a) The repair or maintenance of the premises;
(b) The delivery of goods to the premises; or
(c) 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.
KNOWINGLY. With actual knowledge of a specific fact or, with reasonable inquiry, a reasonable person should have known a specific fact.
LICENSEE. Any person holding a pool hall license issued under the provisions of this subchapter.
OPERATOR. Means and includes any person who is both present on and in charge of any pool hall business premises.
OWNER. The legal owner of a pool hall 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.
POOL HALL. Any place or establishment which is required by state law to pay an occupation tax to the state for owning and operating one or more billiard tables; and its primary purpose of business is billiards.
PREMISES. The interior of a structure and all exterior areas owned or leased by the permittee.
PUBLIC POOL HALL.
(1) Any pool hall 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, or any other pool hall for which the public generally may gain admission with or without the payment of fee.
(2) PUBLIC POOL HALL means any place or area of property operated as open to the public which:
(a) Has music, either live or electronically produced or transmitted;
(b) Has space available for playing pool or pool is permitted whether such pool playing takes place or not; and
(c) 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, § 14-111) (Ord. 13-17, passed 6-19-2013)
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