[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City 8-20-1973 as Art. III of Ch. 3 of the 1973 Code. Amendments noted where applicable.]
As used in this chapter, the following words, terms and phrases shall have the meanings herein ascribed to them:
- PRIVATE DANCE
- Any dance where the attendance is restricted to the members of a society, club or corporation or the guests of the society, club or corporation are admitted by invitation only, and from which guests any fee or payment is or will be received.
- PUBLIC DANCES or PUBLIC DANCE HALLS
- Any dance or hall to which admission may be had by payment of a fee or by purchase, possession or presentation of a ticket obtained for money or value or in which a charge is made for the care of clothing or other property or for which a charge is made in lieu of an admission charge or any other dance or party where dancing is held before or after any program of any nature other than dancing, to which the public generally may gain admission with or without payment of a fee or to which admission can be had by the purchase of liquid refreshments, beverages or food to be consumed on or off the premises or at any public place, business or other establishment where patrons thereof or persons therein are permitted to dance. The term "public dance hall," as further defined and as used in this chapter, shall mean and include any room, place or space in which a public dance may be held or any hall or other place in which classes in dancing are held or instruction in dancing is given for hire.
It shall be unlawful to hold any public dance or class in dancing or to give instruction in dancing for hire in any public dance hall within the limits of the Village until the public dance hall in which the same may be given or held shall first have been duly licensed for such purpose. It shall be unlawful for any person to permit any room or building owned or controlled by him or her to be used for the purpose of a public dance hall unless the same shall be licensed as herein provided.
Licenses issued under the provisions of this chapter shall be classified as follows:
Class A. A Class A license shall authorize the holder thereof to conduct or permit dancing upon only the date specified therein (except during the hours of 1:00 a.m. and 2:00 p.m. on Sundays), but not later than 1:00 a.m. on the following day, except by special authorization of the Mayor.
Class B. A Class B license shall authorize the holder thereof to conduct or permit dancing upon any day of that year (except during the hours of 1:00 a.m. and 2:00 p.m. on Sundays), during which it is effective, who shall then and there be engaged in conducting a bona fide restaurant or grill or soda spa or be the owner and holder of the license issued pursuant to the provisions of the Alcoholic Beverage Control Law of the State of New York for consumption of beverages on the premises.
Amount. The fee for licenses issued pursuant to the provisions of this chapter shall be as follows:
[Amended 12-21-1993 by L.L. No. 1-1993; 3-5-1996 by L.L. No. 1-1996]
Refunds. No license fee shall be refunded in the event of voluntary surrender or revocation of any license, except as otherwise herein provided.
Disposition. All license fees shall be paid to the Village Clerk and credited to the general fund of the Village.
Proration. No license fee shall be prorated under a period of six (6) months.
Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application which shall contain the following information:
The names, residences and ages of the applicants, if individuals, and if a corporation, firm or partnership, the names of the principal officers or partners, their residences and ages; the name or names of persons who shall be designated as manager or persons in charge, with the addresses of the same.
The premises where such public dance hall is to be located or conducted and the street and number of all entrances.
The location of the floor space to be used for dancing purposes.
Whether the applicant or manager has previously engaged as owner or employee in conducting a public dance hall and, if so, when and where and the length of time.
The names and addresses of the persons owning the premises for which a license is sought, whether a hotel, restaurant, cafe, club room, nightclub or place or places where patrons are invited to purchase liquid refreshments, beverages or food to be consumed on or off the premises.
Such other information as may be from time to time required.
In addition to the information required by § 132-5, if the application for a license as herein provided is made by a person or persons, evidence of good character shall be provided. The applicant must further state whether or not he or she has ever been convicted of violating any law regulating the conduct of public dance halls or public dances or whether or not he or she has been convicted of any other crime, and if so, such crime must be designated.
The Village Clerk shall refer all applications made under the provisions of this chapter to the Chief of Police, who shall inspect each application to determine whether the premises sought to be licensed comply with all regulations, ordinances and all laws applicable to dance halls or other public places of assembly and shall furnish to said Clerk, in writing, the results of said investigation, accompanied by his or her recommendation as to whether a license shall be granted or refused.
No license to operate a public dance hall shall be granted to any applicant who is under twenty-one (21) years of age.
A license shall not be refused under the provisions of this chapter except for a specific reason or for the protection of the public safety, health, morals or general welfare, and in the event that the application for such license is denied, no further application shall be made unless the reason for such denial or rejection no longer exists.
Upon the filing of the license application as provided in this chapter and upon the approval thereof and payment to the Village Clerk of the license fee as herein provided, a license to conduct and maintain a public dance hall shall be issued.
All licenses issued hereunder shall be numbered in the order in which they were issued and shall set forth the location of the public dance hall, the date of issuance, the expiration date, the fee paid and the name of the licensee.
In the event of the loss or destruction without fault on the part of the holder of a license issued under this chapter, a duplicate thereof may be issued by the Village Clerk or issuing officer at his or her discretion and upon the payment of a fee of five dollars ($5.).
A license issued hereunder shall be immediately posted upon the premises for which it was issued.
No transfer of a license issued under the provisions of this chapter, either as to the person to whom the license is issued or as to the location thereof, shall be granted.
A license issued pursuant to the provisions of this chapter shall be effective and shall apply to and cover only the calendar year in which such license was issued, and such license shall expire on December 31 of the year in which it was issued.
The Mayor may suspend any license issued under the provisions of this chapter until the next meeting of the Board of Trustees, and thereupon, said license may be revoked or continued by said Board.
The Mayor or the Board of Trustees may at any time, upon notice to the licensee to be heard, revoke any license granted under this chapter for disorderly or immoral conduct on the premises or in the event that the same is frequented by disorderly or immoral persons or indecent act or acts are therein committed or whenever any disorderly conduct of a gross, violent or vulgar character shall take place therein or whenever any provision of any law or article has been or is being violated.
Any place licensed under this chapter may be entered at any reasonable time by any member of the Police Department, the Fire Chief, Building Inspector, Health Officer, Village Clerk or any person designated by the Board of Trustees for the purpose of inspection or to ascertain whether a violation of this chapter is therein being committed.
No person to whom a license has been issued shall permit any person of bad character, prostitute, gambler, intoxicated person or procurer to dance or to frequent or attend any dance held pursuant to the license obtained under the provisions of this chapter.
No person licensed hereunder shall permit any person under the age of eighteen (18) years to frequent or attend any dance unless accompanied by a parent or guardian, excepting, however, that persons under the age of eighteen (18) but not less than sixteen (16) years of age may be permitted to attend such dance until 12:00 midnight but not thereafter.
[Added 4-16-2002 by L.L. No. 1-2002]
It shall be unlawful for any private dance or public dance held on any one calendar day to continue past 1:00 a.m. the following calendar day unless a special permit has been received from the Village Board of Trustees. The cost of such permit shall be $10.