[HISTORY: Adopted by the Town Board of the Town of Aurora 3-12-1951. Amendments noted where applicable.]
On and after the date of adoption of this chapter, a license shall be required for the use of any hall or place, other than a private home, for dancing, whether in connection with some other use of the premises or otherwise, whether or not such dancing is open to the general public and whether or not any charge is made in connection with such dancing. Such license shall be required even though such hall or place shall be used for dancing on one occasion only.
As used in this chapter, the following terms shall have the meanings indicated:
- PRIVATE HOME
- Such buildings as are used exclusively for private dwelling purposes.
Each license issued hereunder shall become effective from the date thereof and shall expire on the first day of January next following the date of issue. Licenses shall not be transferable.
Applications for such licenses shall be in writing and sworn to by the applicant and submitted to the Town Clerk. Such applications shall state:
The name and address of the applicant (if a corporation, the names and addresses of the president and secretary).
If the applicant is the owner or lessee.
The location of the place to be used for dancing.
The nature of the place to be used for dancing.
Any other uses for which such place is used.
If the applicant has ever been convicted of a misdemeanor or felony. If so, it shall state the nature and dates.
The fee for such license shall be $5, to be paid to the Town Clerk at the time of issuing the license. All money received for such license fees shall be paid into the general fund of the Town.
The Town Clerk is hereby authorized to refuse to issue a dance license under this chapter if:
The applicant shall have been convicted of a misdemeanor or felony which, in the judgment of the Town Clerk, renders the applicant unfit or undesirable to conduct a place for dancing.
The applicant, in the judgment of the Town Clerk, shall be an undesirable person or incapable of properly conducting a place for dancing.
An applicant who has been refused a license by the Town Clerk may apply to the Town Board therefor, and the same may be granted or refused by the Board.
It shall be the duty of every licensee hereunder to maintain law and order at all dances conducted by the licensee and to prevent the commitment of any indecent or immoral act or any disorder of a gross, violent or vulgar character by any person or persons at or on the premises where a dance is being held.
Editor's Note: Former Section 9, which dealt with curfew provisions and which immediately followed this section, was deleted 1-22-1990 by L.L. No. 1-1990.
A peace officer shall be permitted to enter and attend any hall, room or place licensed for dancing hereunder at any time and from time to time in order to observe whether or not law and order are being maintained. If, in the judgement of such peace officer, any law is being violated in such hall, room or place or any indecent or immoral act is being committed or whenever any disorder of a gross, violent or vulgar character takes place therein, such peace officer is hereby authorized to stop the dancing and cause such hall, room or place to be vacated. In such case, such peace officer shall report the circumstances, in writing, to the Town Clerk within 24 hours thereafter, and the Town Clerk shall lay the matter before the Town Board at its next regular or special meeting for such action as it may determine.
After a public hearing thereon at which the licensee shall have an opportunity to be heard, the Town Board may revoke any license issued to any licensee whom the Town Board shall determine to be an undesirable person or incapable of properly conducting a place for dancing.
[Amended 1-22-1990 by L.L. No. 1-1990]
Any person, firm or corporation violating any of the provisions of this chapter, including failure to obtain the license required hereby, shall, upon conviction thereof, be subject to a fine of not more than $250 or to imprisonment not to exceed 15 days in the Erie County Penitentiary, or both.