The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DANCE OR NIGHTCLUB FACILITY
Any facility or premises operated by an individual, partnership,
corporation, association or any other entity where live or electronically
reproduced music is presented or dancing of any type is permitted
which is open to the public at large with or without payment of an
admission fee. Excluded from this definition are facilities or premises
at which the dispensing of alcoholic beverages is permitted pursuant
to the legal use of an alcoholic beverage license or facilities or
premises accessible only to members of an organization with a fixed
and limited membership controlling such facility or premises and not
open to the public at large.
The fee for a license issued under this chapter shall be as set forth in Chapter
215, Fees, of the Township Code.
[Amended 12-15-2020 by Ord. No. 20-057]
A. The Municipal Clerk shall transmit copies of all applications for
dance and nightclub facility licenses to the Chief of the Division
of Police, the Building Inspector, the Township Planner, the Zoning
Officer and the Fire Marshal, who shall investigate the aspects of
the premises and individuals or entities to be licensed in accordance
with their respective jurisdictions, and report back to the Municipal
Clerk, in writing, their findings of fact and recommendations on whether
the license shall issue. The Municipal Clerk shall complete whatever
additional investigation is required by the terms of this section
within a reasonable period of time and, at the completion thereof,
shall either issue the license or reject the application. If the application
is denied, the applicant may appeal to the Township Council.
B. The Municipal Clerk shall issue a statement of reasons in connection
with any license application rejection.
No license shall be issued for the operation of any dance or
nightclub facility which is located within 500 feet of any school,
church or publicly owned building or within 1,000 feet of another
dance or nightclub facility. All distances shall be measured between
the nearest lot lines of the respective premises.
Any premises which shall be declared unsafe by the written report
of the Building Inspector or Fire Marshal shall be ineligible for
a license.
Dance or nightclub facilities shall be operated only between
the hours of 8:00 a.m. and 12:00 midnight.
Dance and nightclub facilities shall engage one security officer
for every 100 of maximum load capacity set for the premises in question.
At least one parking space shall be provided for every three
persons authorized by the maximum load capacity set for the premises
of a dance and nightclub facility. If there is not sufficient parking
for the established maximum load capacity, the maximum load capacity
shall be adjusted, based on the available parking spaces, to comply
with the requirements in this section; e.g., number of available parking
spaces times three equals adjusted maximum load capacity.
The consumption of alcohol on the premises of any dance or nightclub
facility licensed under this chapter is strictly prohibited.
Any person who violates any provision of this chapter shall, upon conviction, be punished as provided in Chapter
1, General Provisions, §
1-2, Violations; penalties, of the Code of the Township of Hamilton.