[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.]
GENERAL REFERENCES
Amusements — See Ch. 43.
As used in this chapter, the following terms shall have the meanings
indicated:
Only such buildings as are used exclusively for private dwelling
purposes.
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.
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[1] is first obtained from the Town Board of the Town of Tonawanda,
New York.
[1]
Editor's Note: Former § 222 of the Town Law was repealed
by Chapter 634 of the Laws of 1932. For current statutory provisions, see
§ 136, Subdivision 6, of the Town Law.
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[1] or elsewhere within the Town of Tonawanda during any hour on Sunday.
[1]
Editor's Note: Former § 222 of the Town Law was repealed
by Chapter 634 of the Laws of 1932. For current statutory provisions, see
§ 136, Subdivision 6, of the Town Law.
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]
A.Â
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.
B.Â
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C.Â
Each day that a violation of this chapter
is committed or permitted to exist shall constitute a separate offense.
