As used in this article, the following terms shall have the
meanings indicated:
CABARET
Any room, place, space or premises in the City in which eating
and/or drinking takes place and which also provides nonincidental
musical entertainment by a live musician or musicians or any mechanical,
electronic or other means, such as record, tape, jukebox or other
audio or audiovisual means.
DIRECTOR
The Director of the Office of Licensing, who is also referred to as the Consumer Protection Officer in Article
IIIA of the Charter, and shall include the designee of the Director, unless otherwise provided.
[Amended 7-18-1996 by L.L. No. 5-1996]
EMPLOYEE
A person employed in any capacity or title in connection
with a cabaret or public dance hall, including the licensee and any
and all persons responsible for the control or management thereof.
It shall also include a concessionaire and each person employed by
such concessionaire.
EXPOSURE OF A MALE OR FEMALE
A male or female is considered exposed, for the purpose of
this article, when he or she appears clothed or costumed in a manner
that the portion of his or her breasts below the top of the areola
is not covered with a fully opaque covering.
IDENTIFICATION CARD
A permit issued by the Director to an employee of a cabaret
or public dance hall as required by the provisions of this article.
PERSON
An individual, corporation, club, partnership, association,
society or any other organized group of persons, including officers,
directors and trustees of a corporation, club, association or society.
PUBLIC DANCE HALL
Any room, place or space in the City in which dancing is
carried on and to which the public may gain admission, either with
or without the payment of a fee.
This article shall not apply to premises owned, occupied and
used exclusively by a religious, charitable, eleemosynary or educational
corporation or institution.
Each license issued hereunder shall be kept posted at the main
entrance of every place licensed hereunder.
No license issued under the provisions of this article shall
be transferred or assigned to any person or used by any person other
than the licensee to whom it was issued, nor shall such license be
used on any location other than the location stated in such license.
If, during the term of the licensing period, one or more directors,
stockholders or officers of a corporate licensee are substituted or
added, each substituted or added director, stockholder or officer
shall, within five days of such substitution or addition, file with
the Director an application for an approval of the change of directors,
stockholders or officers on such forms as are prescribed by the Director.
[Amended 6-1-2017 by
G.O. No. 8-2017]
Except as otherwise provided in this section, every employee
of a public dance hall, and every employee of a cabaret who comes
in contact or is likely to come in contact with the patrons of such
cabaret, shall, within four days of the date of the original employment,
make application to the Director for a cabaret and public dance hall
employee's identification card. An identification card shall be issued
only after the Director is satisfied that the employee is a fit and
proper person. The Director is authorized to require any such employee
to be properly identified by fingerprinting, photographing or otherwise
as he shall deem necessary. The identification card shall expire on
the 30th day of September following the third anniversary of the date
of issuance and shall be renewable for additional four-year periods.
The application for such identification card and every renewal thereof
shall be made on such form or forms as the Director may prescribe.
The Director shall require an employee to be fingerprinted only at
the time of the filing of the original application for such identification
card, except that, if the Director finds that the fingerprints of
any employee are of insufficient clarity or otherwise inadequate or
unavailable for proper identification of such employee, the Director
may require such employee to be fingerprinted again. Pending issuance
of an application card, the Director may issue a temporary permit
to any employee required to secure such card by this section or the
rules and regulations of the Director. The service charge for the
original identification card or temporary permit and for each renewal
thereof shall be $25. The Director may suspend or revoke any identification
card or temporary permit. It shall be unlawful for any person to be
employed in a public dance hall or cabaret more than four days after
the date of original employment without securing the identification
card or temporary permit as may be required by this section and the
rules and regulations of the Director.
The Director is authorized to adopt such reasonable rules and
regulations as he may deem necessary for the proper control, operation
and supervision of public dance halls and cabarets.