[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town
of Dover: Art. I, 7-27-1970 as Art. 12, Chs. A and B, of
the 1969 Revised Ordinances; Art. II, 9-22-1975. Amendments
noted where applicable.]
[Adopted 7-27-1970 as Art. 12, Chs. A and B, of
the 1969 Revised Ordinances]
[Amended 2-13-1985 by Ord. No. 4-1985]
No persons shall engage in the operation of a dance hall or run public
dances within the Town of Dover without first obtaining a license from the
Town of Dover in the manner provided in this Article.
[Amended 2-13-1985 by Ord. No. 4-1985]
A.
All applications for dance licenses shall be accompanied
by the required license fee and shall be made to the Clerk of the Town of
Dover on forms provided by the town and shall contain the following information:
(1)
The name and permanent and local addresses of the applicant.
If the applicant is a corporation, the name and address of its registered
agent shall be provided. Corporate applicants must also submit a certificate
of good standing from the Secretary of State's office.
(2)
If the licensed activity is to be carried on at a fixed
location, the address and description of the premises.
(3)
If the applicant is employed by another, the name and
address of the employer, together with credentials establishing the exact
relationship.
(4)
A description of the nature of the business and of all
activities that will be conducted on the premises; for example, live music
or disc jockeys, refreshments to be served and the nature and preparation
of the same.
(5)
A statement as to whether the applicant has been convicted
of any crime for the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature of the offense
and the punishment or penalty imposed.
(6)
Appropriate evidence as to the good character and business
responsibility of the applicant so that an investigator may properly evaluate
his character and responsibility.
B.
Applications by partnerships shall be signed by all partners
with the information required by this section supplied in detail as to each
partner. Applications of corporations shall have attached individual statements
containing all the information required by this section relating to each employee
or agent who shall engage in the licensed activity and shall be signed by
the authorized corporate officer.
[Amended 2-13-1985 by Ord. No. 4-1985]
Each application shall be referred to the Town of Dover Police Department
for investigation. The Police Department shall investigate and report in writing
the result of its investigation as to the applicant's business responsibility,
moral character and evidence of the applicant's ability to properly conduct
the licensed activity. Such report shall be submitted to the Mayor and Board
of Aldermen of the Town of Dover for their consideration.
[Amended 2-13-1985 by Ord. No. 4-1985]
A.
No license or permit shall be approved by the Town of
Dover if it appears that the conduct of the activity for which a license or
permit is sought will be contrary to the health, safety or welfare of the
public or any regulation, law or ordinance applicable to such activities.
B.
No license or permit shall be approved by the Town of
Dover if it appears that the applicant's character, ability or business
responsibility is unsatisfactory.
C.
Where the approval of any town official, county official
or state officer is required prior to the issuance of any license, such approval
must be presented to the Mayor and Board of Aldermen before any license or
permit is issued.
[Amended 2-13-1985 by Ord. No. 4-1985]
[Amended 2-13-1985 by Ord. No. 4-1985]
[Amended 2-13-1985 by Ord. No. 4-1985]
Every licensee shall display said license at all times in some conspicuous
place in his place of business. The licensee shall exhibit the certificate
when applying for a renewal and upon demand of any police officer or person
representing the Town of Dover.
[Added 2-13-1985 by Ord. No. 4-1985]
No license shall be transferable without the authorization of the Mayor
and Board of Aldermen of the Town of Dover.
[Added 2-13-1985 by Ord. No. 4-1985]
The Mayor and Board of Aldermen of the Town of Dover may, in order to
protect the health, safety, morals or welfare of the residents of the Town
of Dover, impose conditions upon the license as to the time and manner of
its operation.
[Added 2-13-1985 by Ord. No. 4-1985]
License renewal shall be issued in the same manner and be subject to
the same conditions as original licenses.
[Added 2-13-1985 by Ord. No. 4-1985]
The fee shall be that fee set by the Mayor and Board of Aldermen from
time to time by ordinance.
[Amended 2-13-1985 by Ord. No. 4-1985]
All public dances commencing on any given evening shall cease no later than 1:00 a.m. on the following morning. Dances at ABC licensed premises are governed under Article II of this chapter.
[Added 2-13-1985 by Ord. No. 4-1985]
A.
Any license or permit issued by the Mayor and Board of
Aldermen may be suspended or revoked by the Mayor and Board of Aldermen for
any of the following causes:
(1)
Fraud, misrepresentation or incorrect statement contained
in the application or made in carrying on the licensed or permitted activity.
(2)
Conviction of any crime or misdemeanor where the conviction
relates adversely to the activity authorized by the town.
(3)
Conducting such activity in such manner as to constitute
a breach of the peace or a menace to the health, safety or welfare of the
public or a disturbance of the peace or comfort of residents of the town,
upon recommendation of the appropriate official.
(4)
Actions unauthorized or beyond the scope of the license
granted.
(5)
Violation of any regulation or provision of this Code
applicable to the activity for which the license has been granted or any regulation
or law of the state so applicable.
(6)
Failure to continuously comply with all conditions required
as precedent to the approval of the license.
B.
The suspension or revocation of any license shall not
preclude the imposition of a penalty for violation of any ordinance of the
town.
[Added 2-13-1985 by Ord. No. 4-1985]
Any person aggrieved by the action of the Mayor and Board of Aldermen
of the Town of Dover in denying, suspending or revoking a license shall have
the right to a hearing before the Mayor and Board of Aldermen on any such
action, provided that a written request therefor is filed with the Municipal
Clerk within 10 days after receipt of notice of such denial, suspension or
revocation. The Mayor and Board of Aldermen may grant such license or confirm
any suspension or revocation or reinstate any such license. The action taken
by the Mayor and Board of Aldermen after a hearing shall be final.
[Added 2-13-1985 by Ord. No. 4-1985]
Town officials may enter upon the premises where any licensed activity
is being conducted for the purpose of determining whether the provisions of
this Article are being complied with by the licensee.
[Added 2-13-1985 by Ord. No. 4-1985]
A.
There shall be stationed in attendance at each public
dance a security officer, whose costs shall be borne by the licensee. Such
security officers shall be on the premises during the entire time the dance
is in progress and while patrons remain on the premises. The licensee is required
to have a security guard that is either an officer (or retired officer) of
a state, county or municipal police force or sheriff's department or
a qualified security guard from a recognized and established security firm,
e.g., Wells Fargo, Pinkerton, Wackenhut. The names and addresses of the security
guards and, if with a recognized security agency, the name, address and phone
number of the agency shall be supplied to the Chief of Police of the Town
of Dover prior to their employment by the licensee. The Chief of Police shall
investigate such security guard or guards to determine if they are duly qualified
to act as security guards in the licensed premises.
[Added 2-13-1985 by Ord. No. 4-1985]
This Article does not apply to any church or bona fide veterans, charitable,
educational, religious, civic or fraternal organization, provided that the
organization is organized on a nonprofit basis and does not run dances on
a daily or weekly basis.
It shall be unlawful to operate public dances in a hotel or places supplying
food and/or drink and sleeping accommodations for regular patrons and transients,
without first obtaining a license therefor.
The Clerk, upon authorization by the Mayor and Board of Aldermen, shall
issue a license therefor.
There shall be an annual fee of $50, and the license period shall run
from July 1 of each year.
The issuance, suspension or revocation of said license shall be at the
discretion of the Mayor and Board of Aldermen.
If required by the Mayor and Board of Aldermen, as a condition for the
issuance of said license, or if required to do so at any time the license
is in force, the licensee shall furnish at its own expense, at each public
dance, a police officer to keep order.
If the licensee is a holder of a plenary retail consumption license,
no dance shall continue beyond the closing hour fixed for such licensees.
The closing hour for any licensed premises not having a plenary consumption
license shall be 1:00 a.m. prevailing time.
Any person, firm or corporation who or which shall violate any of the
provisions of this Article shall be subject to one or more of the following:
a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days
or a period of community service not exceeding 90 days.
This Article shall be enforced by the Police Department.
[Adopted 9-22-1975]
Dancing shall be permitted within any premises having a plenary retail consumption license during the authorized hours of sale set forth in Chapter 105, Alcoholic Beverages.
It shall be unlawful for any person holding a plenary retail consumption
license to permit dancing within said premises unless, in addition to the
license to operate a plenary retail consumption establishment, the owner of
said establishment shall also obtain from the Town of Dover a permit to allow
dancing in said establishment.
Application for permit shall be made to the Town Clerk who shall refer
said application to the Mayor and Board of Aldermen for action.
[Amended 2-24-1981 by Ord. No. 3-1981; 12-27-1983
by Ord. No. 37-1983; 11-26-1991 by Ord.
No. 33-1991]
An annual fee of $360 shall be paid to the Town of Dover for such permit.[1] The duration of such dancing permit shall run concurrently with
the annual plenary retail consumption license.
No dancing permit shall be granted unless the licensed premises shall
have provisions for seating 50 or more persons.
No person shall be permitted to dance in an establishment which is not
open to the use of the public generally. This prohibition shall not apply
to dancing in establishments having a club license.
No loudspeaker or public address system, nor any other manual, mechanical
or electrical means or device for amplifying sound, shall at any time be used,
or permitted to be used, upon the licensed premises so as to be heard out
of doors. Any loud, unnecessary, annoying, offensive or raucous noise which
disturbs the public peace emitted by or emanating from the licensed premises
is hereby declared to be a nuisance and detrimental to the public health and
general welfare and is prohibited.
Any person who shall violate any of the provisions of this Article shall,
upon conviction thereof, be subject to one or more of the following: a fine
not exceeding $1,000, imprisonment in the county jail for not more than 90
days or a period of community service not exceeding 90 days.
Each day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
[Added 11-24-1975; amended 12-27-1983
by Ord. No. 37-1983; 11-26-1991 by Ord.
No. 33-1991]
A one-day dancing permit may be issued at the discretion of the Mayor
and Board of Aldermen of the Town of Dover upon application by an individual,
group, association, corporation or partnership other than a holder of a plenary
retail consumption license. The fee for a one-day dancing permit shall be
$25. All other sections of this Article, except where they are inconsistent
with this section, shall apply to the issuance of a one-day dancing permit.
