The following words, when used in this chapter, shall have the following meanings:
PERSON Any individual, partnership, firm, corporation, association, society, club or other organization.
PRIVATE HOMES Buildings used exclusively for private dwelling purposes.
PUBLIC DANCE Any dance or ball to which the public generally may gain admission and may participate in dancing.
PUBLIC DANCE HALL Any building, structure or part thereof in which public dances are or may be held or any hall or academy in which classes in dancing are conducted or instruction in dancing is given for hire.
[Amended 12-9-2003, effective 12-19-2003]
A. No person shall hold any
public dance or conduct classes in dancing or give instructions in dancing for hire in any
public dance hall within the City until said
public dance hall shall first have been licensed as provided in this chapter. Such license shall be issued by the Commissioner
of Permit and
Inspection Services, upon the consent
of the Common Council, and in every
public dance hall its license shall be posted in a conspicuous place near the main entrance.
[Amended 11-25-2008, effective 12-12-2008]
B. No person shall hold a
public dance within the City without having first obtained a permit therefor from the Commissioner
of Permit and
Inspection Services, upon the consent
of the Common Council.
[Amended 11-25-2008, effective 12-12-2008]
C. Upon the consent of the Common Council, the Commissioner of Permit and Inspection Services may issue a license hereunder to any person owning or conducting a hotel or restaurant in the City to permit dancing therein subject to all of the provisions and conditions hereinafter contained unless specifically exempted hereinafter.
[Amended 12-9-2003, effective 12-19-2003]
A. Public dance hall. Application for a license for a public dance hall shall be made to the Commissioner of Permit and Inspection Services on forms furnished by him which shall contain such information as he may require.
B. Public dance. Application for a permit for a
public dance shall be made to the Commissioner
of Permit and
Inspection Services at least seven days before the time
of said dance and shall be in the form prescribed by said Commissioner. The Commissioner
of Permit and
Inspection Services shall file said application with the City Clerk to be transmitted to the Common Council
of the City
of Buffalo and shall state the place and purpose for which the license is desired as set forth in the classifications hereinafter contained in this chapter.
[Amended 11-25-2008, effective 12-12-2008]
C. Hotels or restaurants. Application for a license permitting dancing in a hotel or restaurant shall be made by the owner or operator and shall be addressed to the Commissioner of Permit and Inspection Services and filed by him with the City Clerk to be transmitted to the Common Council of the City of Buffalo and shall state the place and purpose for which the license is desired as set forth in the classifications hereinafter contained in this chapter.
[Amended 12-9-2003, effective 12-19-2003]
It shall be the duty of the Commissioner of Permit and Inspection Services to examine all applications for public dance hall licenses and all applications for a license permitting dancing in a hotel or restaurant and to investigate or cause to be investigated each such application to determine whether or not the dance hall, hotel or restaurant for which a license is sought complies with the regulations, ordinances and laws applicable thereto and whether or not the person or persons making such application or having charge or supervision of the hall, hotel or restaurant are of good moral character. In making such investigation, the Commissioner shall have the assistance of the Departments of Police and Fire. Each such Department shall furnish to the Commissioner of Permit and Inspection Services, in writing, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused.
All licenses granted hereunder may be renewed upon application therefor and after reinspection of the premises in the manner provided herein for original inspection.
[Amended 12-9-2003, effective 12-19-2003]
A.
The Commissioner of Permit and Inspection Services, the Commissioner of Police or any member of the Department of Police shall have the power and it shall be their duty respectively to cause a public dance hall, hotel or restaurant where any dance is being held to be vacated whenever any provision of any ordinance with regard to public dances is being violated or whenever any indecent or immoral act is committed or whenever any disorder of a gross, violent or vulgar character takes place therein with the knowledge or consent of the owner or lessee or his agent or other person in charge of the dance.
B.
Enforcement. The Departments of Permit and Inspection Services and of Police shall have power to enforce this chapter.
C.
Inspections. Chapter
249,
Inspections, of this Code shall regulate all
inspections made pursuant to this chapter. For purposes
of this chapter, "department" in said chapter shall mean Department
of Permit and
Inspection Services or Department
of Police.
D.
Every public dance and public dance hall and hotel and restaurant where there is dancing and wherein meals are not served shall be continuously attended and supervised by a special partrolman in uniform, whose duty it shall be to preserve order and require compliance with all provisions of this chapter. The owner, lessee or other person giving or in charge of such public dance or public dance hall or hotel or restaurant where there is dancing and wherein meals are not served shall pay compensation of such special partrolman and furnish his uniform. No special partrolman shall be permitted to attend and supervise any public dance or any hotel or restaurant where there is dancing and wherein meals are not served as herein provided until properly bonded and his employment shall have been approved by the Commissioner of Police, and he shall at all times be under the supervision and control of the Commissioner of Police and may be removed at any time as provided by the Charter of the City of Buffalo. Upon certification to the Commissioner of Permit and Inspection Services, the Commissioner of Police may require such owner, lessee or other person giving or in charge of such public dance or public dance hall or hotel or restaurant where there is dancing and wherein meals are not served to furnish additional special patrolmen for duty at such dance.
No person shall, after 9:00 p.m., permit any person to attend or take part in any public dance who has not actually or apparently reached the age of 16 years, unless such person is in company with one of his or her parents or a suitable guardian. No person shall represent himself or herself to have attained the age of 16 years in order to obtain admission to a public dance hall or to be permitted to remain therein when such person in fact is under 16 years of age. No person shall represent himself or herself to be a parent or guardian of any person in order that such person may obtain admission to a public dance or be permitted to remain at such public dance when the person making the representation is not in fact a parent or guardian of such minor person.
No wine, beer or other malt, spirituous or intoxicating liquors shall be sold in or carried into any public dance hall or in any room directly opening into such public dance hall or upon the same floor upon which any public dance is being held.
[Amended 12-9-2003, effective 12-19-2003]
The Commissioner of Permit and Inspection Services may make and publish reasonable rules and regulations governing the manner in which public dances shall be conducted, subject to the provisions of law and of the City Code.
[Amended 12-9-2003, effective 12-19-2003]
A. The license of any public dance hall may be revoked by the Commissioner of Permit and Inspection Services for disorderly or immoral conduct on the premises with the knowledge or consent of the owner or lessee of the public dance hall or his agent in charge at any public dance held therein or for the violation of any of the rules, regulations, ordinances and laws governing or applying to public dance halls or public dances. Such license shall be revoked in the manner provided by the Charter of the City. If at any time the license a public dance hall shall be revoked as herein provided, at least six months shall elapse before another license shall be given or a permit shall be given for dancing on the same premises.
B. Any license heretofore granted for restaurant and hotel dancing may be suspended by the Common Council for any reason which it deems sufficient, and promptly thereafter it shall hold hearing thereon after giving reasonable notice thereof to the licensee. After the closing of the hearing, the Common Council may revoke such license or remove the suspension and reinstate it. The Common Council, in its discretion, may direct that the hearing shall be held by the Commissioner of Permit and Inspection Services and not by the Common Council, in which case the Commissioner of Permit and Inspection Services shall hold a hearing, take the testimony and shall make a report to the Common Council in reference thereto, including in the report a recommendation whether the license should be revoked or reinstated. Upon receipt of such report by the Common Council, it may approve or disapprove the recommendations of the Commissioner of Permit and Inspection Services and take such action in reference to the revocation or reinstatement of the license as it deems proper.
Any person who, individually or as an officer or employee of any corporation, society, club or organization, shall violate any of the provisions of this chapter shall be liable to a fine or penalty of not more than $1,500 for each and every offense. Each day that a person conducts a public dance hall or a public dance or permits dancing in a restaurant or hotel without having obtained a license to do so or during any time wherein a license has been suspended or revoked shall be deemed a separate violation of this chapter.