As used in this chapter, the following terms
shall have the meanings indicated:
PRIVATE HOMES
Only such buildings as are used exclusively for private dwelling
purposes.
PUBLIC DANCE HALL
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.
PUBLIC DANCE OR PUBLIC BALL
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 is first obtained from the Town Board of the Town of Tonawanda,
New York.
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 or elsewhere within the Town of Tonawanda during any hour
on Sunday.
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. 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. Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C. Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.