[HISTORY: Adopted by the Municipal Council of the Township
of Irvington 1-13-1981 by Ord.
No. MC 2622 as Ch. 62, Art. VI, of the 1981 Revised
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch.
158.
Licensing procedure — See Ch.
290, Art.
I.
Fire prevention — See Ch.
307.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
PUBLIC DANCE
Any dance to which admission can be had either with or without
the payment of a fee, price, charge, wardrobe charge or otherwise
and in which the public generally may participate.
PUBLIC DANCE HALL
Any hall, room, space or place, other than a private home,
in which dancing is carried on and to which admission can be had by
the public generally either with or without the payment of a fee,
price, charge, wardrobe charge or otherwise.
It shall be unlawful to permit any dancing in a public dance
hall until such public dance hall shall first have been duly licensed
for such purpose in accordance with the provisions of this chapter.
[Amended 1-13-1981 by Ord. No. MC 2622]
No person shall rent out or hire out any building or part thereof
for use as a public dance hall, or use any building or part thereof
as a public dance hall, as defined by this chapter, until such building
or part thereof shall first have been duly licensed for such purpose.
Such license shall be issued upon the payment of the fee set forth
in this chapter; provided that the building or part thereof complies
with the provisions of this chapter. Such fee shall be paid at the
time of the issuance of such license, which license shall expire one
year from date of issue thereof.
All licenses and permits provided for by this chapter shall
be issued by the Division of Licensing, be countersigned by the Town
Clerk and be under the seal of the Town.
The Division of Licensing is hereby authorized and empowered
to grant a license to the owner, lessee or sublessee of any building
or of any hall, room, space or part of any building which complies
with the provisions of this chapter and with such rules and regulations
as the Division of Licensing may promulgate in relation thereto, for
the use of such building or hall, room, space or place as a public
dance hall. The Division of Licensing is further authorized and empowered
to grant permits to conduct public dances to such persons as comply
with the provisions of this chapter and with such rules and regulations
as the Division of Licensing may promulgate in reference to the carrying
on of public dances.
No license under this chapter shall be required for dances held:
A. In public schools, when such dances are held under the supervision
of the Board of Education of the Town.
B. By any duly organized religious society in the building owned by
the society and used by it in connection with its religious activities.
The license of any public dance hall may be revoked at any time,
for cause, by the Division of Licensing, and such license, when revoked,
shall not be reissued until at least six months shall have elapsed
from the time of revocation. Such license may be suspended at any
time, for cause, by the Division of Licensing, and, when so suspended,
such suspension shall not be terminated until the cause of suspension
has been removed to the satisfaction of the Division of Licensing.
No person, except a religious organization, shall conduct a
public dance without having first obtained from the Division of Licensing
a permit therefor. A permit to conduct a public dance may be issued
to any person who meets the requirements of this chapter, upon the
payment of the fee provided for by this chapter.
No permit shall be issued to any individual to conduct a public
dance unless he shall be of good moral character and a citizen of
the United States. No permit shall be issued to any unincorporated
association, group or other society, club or guild, but such permit
shall be issued to one or more individual members of such unincorporated
association, group or other society, club or guild.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-29-2009 by Ord. No. MC 3413]
The following license and permit fees are hereby fixed for the
following purposes:
A. The license or permit fee for provision of entertainment, including
but not limited to a public dance hall, public dances, cabaret, go-go
or otherwise, shall be $1,067 annually.
B. Public dances. For each permit issued by the Division of Licensing
to any person for a public dance, the fee shall be $12, except that
in cases where an organization, association or corporation formed
exclusively for the moral and mental improvement of men, women or
children or for religious or charitable purposes is about to conduct
or sponsor a public dance, the fee shall be $2.
[Amended 10-14-2015 by Ord. No. MC 3553]
Every premises shall, at the time of the issuance of any license
for the use of such premises as a public dance hall, comply with and
conform to all laws of the United States, the state, the provisions
of this Code and other ordinances and regulations of the Town relative
thereto. Such premises shall be properly ventilated, supplied with
sufficient toilet conveniences, proper appliances and apparatus for
the prevention of fires, suitable number of fire escapes, as the Fire
Chief in the Public Safety Department shall deem necessary for the
proper use of such premises. Such premises shall be a safe and proper
place for use as a public dance hall.
All public dance halls shall be at all times kept in a clean,
healthful and sanitary condition, and all rooms connected therewith,
as well as all stairways and other passages leading thereto and therefrom,
shall be kept open, unobstructed and well lighted.
Any building, hall, room, space or place wherein any public
dance is held shall be closed whenever any of the provisions of this
chapter have been, are being or are about to be violated, or whenever
any indecent act has been, is being or is about to be committed, or
whenever any disorder or public disturbance has taken, is taking or
is about to take place therein.
All public dances shall close at not later than 2:00 a.m.
It shall be unlawful to conduct any dance or to maintain any
dance hall in any building wherein any malt, vinous, brewed or distilled
liquor or liquid containing an unlawful alcoholic content is sold,
or to conduct any dance or to maintain any dance hall in any building
which is connected with any other building or with any other room,
hall, space or place in which any malt, vinous, brewed or distilled
liquor or liquid containing an unlawful alcoholic content is sold.