Mathews County, VA
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Mathews County 3-22-1977. Amendments noted where applicable.]

§ 35-1 Applicability. [1]

A. 
A public dance hall, within the meaning of this chapter, shall mean any place open to the general public where dancing is permitted; provided, however, that a restaurant licensed under § 4.1-210 of the Code of Virginia to serve food and beverages having a dance floor with an area not exceeding 10% of the total floor area of the establishment shall not be considered a public dance hall.
B. 
This chapter, however, shall not apply to dances held for benevolent or charitable purposes, or when the same are conducted under the auspices of religious, educational, civic, or military organizations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 35-2 Intoxicated or disorderly persons.

It shall be unlawful for any person operating a public dance hall in Mathews County to suffer or permit any person under the influence of alcoholic beverages or any disorderly person to enter or remain in such dance hall, whether participating in the dance or not.

§ 35-3 Permit and license required; application for permit.

A. 
It shall be unlawful for any person to conduct a public dance hall without having first obtained from the Board of Supervisors of Mathews County a permit to conduct and operate the same and an annual license from the Commissioner of Revenue of Mathews County in accordance with the provisions of this chapter.
B. 
Any person wishing to engage in the operation of a public dance hall shall first submit an application to the County Administrator of Mathews County on a form provided by the Administrator for a permit to conduct such dance hall. Such application shall include the name and the address of the proprietor and the address of the proposed dance hall, a detailed statement of the facilities to be provided, including type of food and beverages to be offered, a floor plan showing seating arrangements, the area to be used for dancing, all exits, the amount of parking space available for patrons, and such other information that may be required by the County Administrator pertaining to the exits and arrangements of said building.

§ 35-4 Hearing on application; grant or refusal of permit.

Upon the filing of an application for a public dance hall permit, the Board of Supervisors may hear statements and receive evidence as to the suitability of the location of the proposed public dance hall, preference being given to ground floor locations, and as to the suitability and adequacy of the facilities, and as to the fitness and financial responsibility of the persons who will own, conduct, or manage the same, and the Board of Supervisors shall, by resolution upon a record vote, grant or refuse a permit for the operation of a public dance hall; provided, however, that no such permit shall be issued unless it shall appear that all persons having a financial interest in, or connected with, the management or operation of such dance hall, including stockholders or lien holders, are of good reputation and are otherwise acceptable to the Board of Supervisors.

§ 35-5 Revocation of permit.

Upon the violation of any of the provisions of this chapter, the violation of any of the provisions of Title 4, Code of Virginia, and of the rules and regulations of the Alcoholic Beverage Control Board, or the violation of § 18.2-258 of the Code of Virginia, 1950, as amended, the Board of Supervisors shall have the right, in addition to any other remedies allowed by law, to revoke a permit for the operation of a public dance hall after due hearing and upon not less than five days' notice in writing to the holder of the permit. Such notice shall be sent by registered letter to the address given by the holder of the permit when applying for such permit.

§ 35-6 Hours of operation.

Public dance halls shall not be open in Mathews County from 2:00 a.m. to 12:00 noon on Sundays and from 2:00 a.m. to 6:00 a.m. on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays, and Saturdays.

§ 35-7 Violations and penalties. [1]

Any person violating the provisions of this chapter shall be guilty of a Class 3 misdemeanor.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 35-8 License procedure.

A. 
Required. It shall be unlawful for any person to operate or conduct a public dance hall in Mathews County without having first obtained a license therefor as provided in this chapter.
B. 
Issuance. The license required for public dance halls by this chapter shall be issued by the Commissioner of Revenue of the County of Mathews, but not in any case shall the Commissioner of Revenue issue such until and unless the person applying therefor shall obtain from the Board of Supervisors a permit to operate and conduct such dances.
C. 
License tax.
(1) 
The tax for a license to conduct one dance per calendar/license year shall be $10.
(2) 
The tax for a license to conduct two dances per calendar/license year shall be $20.
(3) 
The tax for a license to conduct three or more dances per calendar/license year shall be $200.
D. 
Term; proration. Licenses issued pursuant to this chapter shall be for the entire calendar year and shall not be prorated.
E. 
Transfer or assignment. Permits and licenses issued pursuant to this chapter shall not be transferable or assignable.
F. 
Change in ownership, etc., of dance hall. The ownership, management, or location of a public dance hall shall not be changed without the approval of the Board of Supervisors.

§ 35-9 Right of entry.

The Sheriff of Mathews County or any of the Sheriff's deputies may enter any public dance hall operated pursuant to a permit issued under the provisions of this chapter at all hours to ensure that the peace and quiet of Mathews County are preserved and that the conditions and restrictions of this chapter are observed.