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:
A. The name and address of the applicant (if a corporation,
the names and addresses of the president and secretary).
B. If the applicant is the owner or lessee.
C. The location of the place to be used for dancing.
D. The nature of the place to be used for dancing.
E. Any other uses for which such place is used.
F. 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:
A. 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.
B. 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.
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.