[Ord. 1053, 7/19/1967, § 2]
As used in this Part, a "public dance" is hereby defined as
a dance to which members of the general public are invited, whether
or not a specific fee is charged for the privilege of dancing, or
a dance limited to a group less than the general public, at which
an admission or other fee is charged for the privilege of dancing,
or at which the patrons are expected to expend funds for the benefit
of the person, firm, association or corporation conducting such dance.
A dance which is merely incidental to the operation of a full-time
business licensed and regulated by the Commonwealth of Pennsylvania
shall not be deemed a "public dance" within the contemplation of this
Part.
[Ord. 1053, 7/19/1967, § 3]
No public dance, as that term is herein defined, shall hereafter
be held within the Borough of Phoenixville, unless the person, firm,
corporation or association giving, offering or holding such dance
shall first secure from the Mayor of the Borough of Phoenixville,
or from the Chief of Police as the Mayor shall designate, a dance
permit as herein further detailed.
[Ord. 1053, 7/19/1967, § 4; as amended by A.O.]
There shall be two classes of licenses issued: an annual license
for which a fee shall be in an amount as established by resolution,
from time to time, by the Borough Council, and a single dance license.
The fee for single dance licenses, unless the licensee is a religious,
charitable, or eleemosynary institution or organization, shall be
in an amount as established by resolution, from time to time by the
Borough Council. The license fee applicable to a religious, charitable
or eleemosynary institution or organization shall be in an amount
as established by resolution from time to time, by Borough Council.
[Ord. 1053, 7/19/1967, § 5; as amended by Ord.
1266, 8/10/1976, § 1]
No license shall be issued under the provisions of this Part
unless and until the following conditions are met:
A.
The applicant is of legal age, and is the owner, or tenant under
a least having a term of not less than one-year, of the premises upon
which the dance is to be held.
B.
The applicant can show evidence of a policy of public liability insurance
for protection of persons at the dance, in amounts of at least $250,000
as to injury to one person, and $500,000 as to any one incident. In
lieu of such liability insurance, such applicant may submit a public
liability bond payable to the Commonwealth of Pennsylvania for the
use of persons who may be injured at such dance, with such surety
and for the purposes stated in this subsection.
[Ord. 1053, 7/19/1967, § 6]
All licensees, whether holding an annual dance or single dance
permit, shall be responsible for the conduct and proper management
of the dance or dances held under the permit. The following regulations
shall apply to the conduct of all such dances:
A
Good order shall be maintained at all times.
B
No loud, boisterous or profane language shall be permitted.
C
No violations of the laws of the Commonwealth of Pennsylvania or
ordinances of the Borough of Phoenixville shall be permitted.
D
Unless the licensee is the holder of a valid and subsisting license
duly and properly issued by the Pennsylvania Liquor Control Board,
no alcoholic beverage of any kind shall be consumed on the premises
nor shall any alcoholic beverage of any kind be in the possession
of the licensee, his agents, servants, employees, guests, invitees
or patrons.
E
Pass-out checks permitting a patron to leave and re-enter the premises
where the dance is being conducted shall not be issued.
F
Dancing shall not be permitted after 1:00 a.m.
G
No exit shall be blocked by any table, chair or other object; all
exits and stairs shall be properly lighted.
H
All premises where public dances are conducted shall at all times
be kept in a clean and sanitary condition.
[Ord. 1053, 7/19/1967, § 7]
The Mayor of the Borough of Phoenixville or the Chief of Police
of the Borough of Phoenixville may require any licensee to have one
or more police officers as shall be determined by the Mayor or Chief
of Police, as the case may be, and shall be based upon the licensee's
prior experience, upon the number of patrons anticipated, and upon
whether any unusual, condition is anticipated which would suggest
the need for police protection beyond that which the licensee can
provide for himself. Any licensee who is aggrieved by the decision
of the Mayor of the Borough of Phoenixville respecting the need for,
and the number of, police officers shall have the right to appeal
that decision to the next scheduled, regular, adjourned or special
meeting of the Borough Council.
[Ord. 1053, 7/19/1967, § 8]
An annual license may be revoked by the Mayor of the Borough
of Phoenixville, or he may refuse to issue a single dance license
when he finds, upon sufficient evidence, that the applicant has committed,
or permitted to be committed, violations of the regulations herein
set forth. No such revocation shall be made, except in the case of
an annual licensee upon not less than five days' notice, or in
the case of the refusal of a single dance permit, within such period
of time as the circumstances of the case may warrant, which said notices
shall advise the licensee or applicant, as the case may be, that he
has an opportunity to appear and be heard in support of his applicant.
Decisions by the Mayor whether to revoke an annual license or refuse
to grant a single dance permit shall be in writing, and shall be reported
to the Borough Council of the Borough of Phoenixville at its next
regular, special or adjourned meeting. Any person aggrieved by any
such decision may appeal to the Borough Council of the Borough of
Phoenixville at the session at which such action is so reported.
[Ord. 1053, 7/19/1967, § 9; as amended by A.O.]
All such licensee's shall be responsible for paying to
the Borough of Phoenixville a standard police protection charge shall
be in an amount as established by resolution, from time to time, by
the Borough Council, per police officer required.
[Ord. 1053, 7/19/1967, § 10; as amended by Ord.
1607, 11/14/1989, § 4; and by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $10 and costs, and not more than $1,000 plus
costs and, in default of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense; this penalty without regard to
any other disposition of the license concerned.
