As used in this chapter, the following terms shall have the meanings
indicated:
DANCE HALL
Any place at which public dances are conducted by the same person
at regular intervals.
PUBLIC DANCE
Any dance to which members of the general public are invited to attend
and participate.
Where a license is sought for a dance hall, the applicant shall give
notice to all persons owning property within two hundred (200) feet of the
premises on which the proposed dance hall is to be located. The notice shall
state the location of the proposed dance hall, the days of the week and the
hours during which dances will be conducted and the number of persons expected
to attend. The notice shall also advise the persons receiving it that if they
desire to object to the granting of a license to the proposed dance hall,
they must so notify the Borough Clerk, in writing, within ten (10) days after
service of the notice upon them. Notice may be served either personally or
by mailing a copy to the property owner's last known address. Where service
is made by mail, the notice shall be considered as having been served three
(3) days after it is deposited in the mail.
In any case where objections are filed to the granting of an application
for a dance hall license, the Borough Clerk shall so advise the Mayor and
Council, who shall hold a hearing on the application within a reasonable time.
The applicant and any person filing objections shall be notified of the time
and place of the hearing. At the hearing, both the applicant and the objectors
shall have the right to be represented by an attorney, to testify themselves
or present witnesses in support of their positions, to cross-examine opposing
witnesses and, at their own expense, to have a stenographic record made of
the proceedings. If, after considering all the evidence, the Mayor and Council
determine that the applicant has met all of the requirements of this chapter
and that issuance of the license will not be detrimental to the public health
and safety, they shall order the license to be issued; otherwise, the application
shall be denied.
Applications to renew a license to conduct a dance hall shall be granted by the Mayor and Borough Council without the necessity of giving notice as required by §
114-5 and without a hearing as required by §
114-8, provided that the licensee files with the Clerk a sworn statement, in writing, reciting that there have been no changes in the conditions stated in the original application.
Each license shall state the name and address of the licensee, the address
of the premises for which it is issued, the day or days of the week and the
hours during which dancing may be conducted and the maximum number of persons
that are permitted to attend the dance. A license to conduct a dance hall
shall also state its expiration date. All licenses shall be prominently displayed
at the premises at which the dancing is conducted.
Every person licensed under this chapter shall observe the following
regulations:
A. The licensee shall have the duty to exercise due diligence
to prevent unlawful or immoral acts as well as noisy or boisterous conduct
or conduct which threatens to create a breach of the peace or to annoy the
comfort or repose of any person.
B. No alcoholic beverages shall be served, sold, possessed
or consumed at any dance, except at premises that are licensed to sell and
serve alcoholic beverages, and in such case pursuant to the terms and conditions
of the license.
C. Where the persons attending the dance are predominantly
minors, the licensee shall have the responsibility of providing adequate adult
supervision.
D. All dancing shall cease at 11:00 p.m., except that, on
Friday nights, dancing may continue until 1:00 a.m. Saturday morning, and
on Saturday nights, dancing may continue until 1:00 a.m. Sunday morning.
E. Any police officer of the borough shall have the right
to inspect any premises on which a public dance is being conducted. In addition,
any premises licensed as a dance hall shall be subject to reinspection by
the Health Officer, the Building Inspector or the Chief of the Bureau of Fire
Prevention to ascertain whether the premises still complies with applicable
municipal ordinances.
At any public dance other than one (1) at which the number of persons
expected to attend is less than one hundred (100), special police officers
shall be stationed on the premises during the dance. The number of such officers
shall be at least two (2) and at least one (1) additional for every two hundred
(200) persons expected to attend the dance. The expense of stationing the
officers on the premises shall be borne by the licensee.
The Mayor and Council may, by resolution, waive the application of any
provision of this chapter to a particular licensee upon a showing that the
literal application of the provision in question to a particular licensee
will cause unnecessary hardship and that, in the particular case, the provision
in question is not necessary to protect the public health and safety.
[Added 4-19-1990 by Ord.
No. 90-16]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in §
1-17 of this Code.