[HISTORY: Adopted by the Town Board of the Town of Tonawanda 7-15-1974 as Chapter 12 of the 1974 Code of the Town of Tonawanda. Amendments noted where applicable.]
Amusements — See Ch. 43.
As used in this chapter, the following terms shall have the meanings indicated:
- PRIVATE HOMES
- Only such buildings as are used exclusively for private dwelling purposes.
- PUBLIC DANCE HALL
- Any room, place or space in which a public dance or public ball may be held and any hall or academy in which classes or dancing may be held or instructions in dancing may be given for hire.
- PUBLIC DANCE OR PUBLIC BALL
- 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 otherwise in which any charge is made for caring for clothing or other property; or any other dance to which the public generally may gain admission with or without the payment of a fee.
It shall be unlawful to hold any public dance unless the license required by § 222 of the State Town Law is first obtained from the Town Board of the Town of Tonawanda, New York.
No public dance shall be conducted or indulged in either in a dance hall operated under a license issued pursuant to the provisions of § 222 of the New York State Town Law or elsewhere within the Town of Tonawanda during any hour on Sunday.
No license for a public dance hall shall be issued until it shall be found that such hall complies with and conforms to all rules and regulations for the protection of the public health, for the safety of buildings and for the protection of the public from fire; that it is properly ventilated and supplied with sufficient toilet conveniences; that it is a safe and proper place for the purpose for which it is to be used; and that the owner, lessee or other person or corporation having actual control of the building and of the dance hall is a person of good moral character.
The Town Board or any of its agents shall have the power to cause a public dance hall to be vacated at any time whenever any of the provisions of any ordinance with regard to dancing is being violated or whenever any indecent or immoral act is committed.
Every public dance or ball may be attended and supervised by any uniformed member of the Town Police Department, whose duty it shall be to preserve order and require compliance with the provisions of this chapter.
It shall be unlawful for any person, firm, association, corporation, society, club or organization to hold a dance or ball within the Town of Tonawanda outside of an incorporated village, except in private homes, without first obtaining the license as herein provided.
All public dances and balls shall be discontinued and all public dance halls shall be closed at or before the hour of 12:00 midnight, provided that, upon application and after investigation by any agent of the Town Board, said Town Board may issue a special permit to continue any dance or ball until a later hour. No tickets shall be sold for admission to any public dance or ball after 12:00 midnight, and no return check shall be given or issued at any time.
It shall be unlawful after 9:00 p.m. to permit any person to attend or take part in any public dance or ball who has not actually or apparently reached the age of 16 years, unless such person is in company with his or her parents or a suitable guardian.
[Amended 5-21-1984 by L.L. No. 8-1984]
Any violation by a person, firm or corporation of any provision of this chapter shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.