[HISTORY: Adopted by the Board of Supervisors
of Northumberland County 5-9-1996; amended in its entirety 12-15-2016. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any place where the playing of music and dancing is permitted,
entry to which is open to the general public and, on the basis of
paid admissions or solicited contributions. The term "dance hall"
shall include the term "dance," and the term "dance" shall include
the term "dance hall" for the purposes of this chapter.
A.
No person or entity shall, in Northumberland County, operate, conduct
or permit the operation of, or conduct on his or her property, a public
dance hall, except in accordance with a permit issued by the County
and such other regulations in this chapter which may apply. The permit
issued shall be either for a single event or for a period of one year
and cannot be transferred to another individual or organization.
B.
Application for such permits shall be on forms provided by the County
and available at the County Administrator's Office in Heathsville,
Virginia. Applications shall include the following:
(1)
The name, physical address, and telephone number of the proposed
dance location.
(2)
The name, physical address, mailing address, telephone number, date
of birth, age, and sex of the individual applicant or the individual
applying on behalf of an entity. A copy of a driver's license
or other government form of photo identification shall be attached
with the application. If a current driver's license or other
form of identification is already on file in the County Administrator's
Office, another copy is not required.
(3)
The name, physical address, mailing address, telephone number, date
of birth, age, and sex of the owner or person in control of the property.
A copy of a driver's license or other government form of photo
identification shall be attached with the application. If a current
driver's license or other form of identification is already on
file in the County Administrator's Office, another copy is not
required.
(4)
The application shall be signed by the person, entity, or entity
representative seeking to conduct the dance, as well as the owner
or person in control of the premises upon which the dance is to be
conducted, both of whom shall, for the purposes of this chapter, be
considered the applicant. The signed application will serve as evidence
of the applicants' agreement to abide by all terms and conditions
of the permit and this chapter, and to be personally liable for any
violation thereof.
(5)
Whether the applicants have been convicted of any felony or misdemeanor
and, if so, the nature of the offense, when and where convicted and
the penalty or punishment assessed.
(6)
Whether the applicants have had an event permit denied or revoked
by Northumberland County or another jurisdiction in the last year
and, if so, when and where the denial or revocation occurred.
(7)
The applicants shall include criminal checks, at their expense, obtained
through the Virginia State Police and submit the results with the
application. A criminal check for each individual shall be valid for
six months once submitted to the County Administrator's Office;
after such period of time, another criminal background check shall
be submitted with any application.
(8)
The application shall be submitted to the County Administrator at
least 30 days before the scheduled event, or in the case of renewal
of an annual permit, at least 30 days before the expiration of the
current permit.
(9)
Listed on the application must be how the applicant is going to provide
adequate security and a means to contact any emergency services. Security
must be provided during the entire event and until everyone has left
the property. All security shall be bonded and licensed to conduct
security in the Commonwealth of Virginia. A security bond certificate
shall be submitted with the application.
(10)
A fee shall accompany the application, which if by check shall be
made payable to the Treasurer of Northumberland County, and which
fee shall, for a single event and for an annual permit, be as set
forth in the Fee Schedule;[1] provided, however, that the fees may be reduced or increased
by the Northumberland County Board of Supervisors by resolution from
time to time as required.
This chapter, however, shall not apply to dances held for beneficial
or charitable purposes, or when the same are conducted under the auspices
of religious, educational, civic or military entities. To be exempt
from this chapter, the nonprofit/charitable entity shall be the applicant
of the dance as well as receiving 100% of the proceeds of such dance
and shall file the appropriate form with the County Administrator.
The nonprofit/charitable entity shall be listed on any advertisement
for such dance. This exemption does not apply if such space owned
by the nonprofit/charitable entity is being rented for income, and
in such case a dance permit and fee shall be required.
A.
An
applicant for a dance hall where alcoholic beverages will be served
shall obtain an appropriate state license from the Virginia Alcoholic
Beverage Control Commission. The applicant shall meet the requirements
of all state statutes and regulations pertaining to the issuance of
said license and serving of alcoholic beverages. If a dance hall permit
is not required under this chapter, but alcoholic beverages will be
served, the person responsible for staging, promoting, or conducting
such event shall obtain an appropriate state license from the Virginia
Alcoholic Beverage Control Commission, subject to all requirements
of state statue and regulations.
B.
The
applicant for any County dance permit shall be the same individual
that makes application for the Virginia Alcoholic Beverage Control
Commission license.
C.
Any
charitable entity listed on the Virginia Alcoholic Beverage Control
Commission license shall also match that on the appropriate County
permit/form.
D.
The
Virginia Alcoholic Beverage Control Commission license shall be displayed
in a conspicuous place during the dance.
Dance halls and dances shall be operated subject to the following
rules and regulations:
A.
Adequate parking facilities for automobiles owned or used by patrons
of the dance or dance hall shall be provided by the operator of the
dance hall so that there is no parking of automobiles on the state
highway right-of-way or on private property without written permission
of the owner of the property. Any written permission to park on private
property shall be submitted with the application. The total number
of parking spaces available for staff and patrons shall be provided
on the permit application.
B.
No dance hall or dance shall be operated until all rules, regulations and County ordinances are complied with, including but not limited to Chapter 45, Building Construction, and ordinances, rules or regulations in regard to health, zoning and sanitation.
C.
The dance hall shall be open to inspection by the Northumberland
County Building Official where an inspection shall be conducted to
determine compliance with all provisions in the Virginia Uniform Statewide
Building Code.
D.
The dance halls shall be open to inspection by the Northumberland
County Sheriff's Department and other law enforcement officers
at all times during the operation of such dances.
E.
No dance shall be conducted unless the permit to hold such dance
is posted in a conspicuous place which is easily accessible for inspection
by law enforcement authorities. The owner or a designee representing
the owner, and applicant, if different, shall be responsible for the
dance and must be on the property at all times until everyone has
left the property.
F.
No dances shall be conducted between the hours of 1:01 a.m. and 8:00
a.m., and attendees shall be required to disperse immediately after
1:00 a.m.
G.
Amplification of music shall be not maintained at a volume which
constitutes a nuisance to adjoining property owners.
H.
Public nudity, or the encouragement of such, is prohibited on the
premises.
A.
Within 30 days of the filing of an application completed in accordance
with this chapter, the County Administrator shall issue a permit or
provide a written decision of denial to the applicant.
B.
Upon receipt of a completed application, the County Administrator shall provide relevant portions of the application to the Sheriff and Building Official for their review. Unless they find grounds for denial as set forth in Subsection C of this section, they shall sign the application within 15 days of receipt. Should either or both determine that grounds for denial exist, they shall set forth said grounds, in writing, to the County Administrator within the fifteen-day period.
C.
The County Administrator shall issue a permit if he or she finds
that:
(1)
The Sheriff has determined none of the following grounds for denial
appears to exist:
(a)
The applicant or applicant representative of an entity and the
property owner/person in charge of the property listed on the application
has been convicted within the past year of a felony, or within the
past three years of a misdemeanor involving moral turpitude, under
the laws of any state or of the United States.
(b)
If any dances previously permitted to the applicant or applicant
representative of an entity or property owner or person in charge
have resulted in intervention by law enforcement entities or violations
of alcoholic beverage control regulations.
(3)
The applicant/applicant representative of an entity, entity, and/or
the property owner/person in charge of the property listed on the
application has not operated another dance that permitted repeated
occurrences of disorderly, violent, obscene, or other unlawful conduct
or was declared a public nuisance.
(4)
The applicant/applicant representative of an entity, entity, and/or
the property owner/person in charge of the property listed on the
application has not had a public dance hall permit denied or revoked
by Northumberland County or another jurisdiction in the past year
for violating any local, state, or federal law or permitting disorderly,
violent, obscene, or other unlawful conduct.
(5)
The application is complete and statements in the application do
not contain any omissions or misrepresentations of the event to occur.
(6)
The event conforms to all applicable local, state, and federal laws.
A permit may be revoked at any time by the County Administrator
upon evidence that the holder of the permit has failed to comply with
the provisions of this chapter, including any law enforcement intervention
or violations of the alcoholic beverage control regulations.
A.
If the County Administrator or his or her designee denies an application
or revokes a permit, he or she shall notify the applicant or permittee
and the property owner or person in charge of the property, in writing,
of such action, the reasons therefor, and the right to request the
denial or revocation be considered by the Northumberland County Board
of Supervisors. Upon denial or revocation, the applicant, applicant
representative of an entity, and/or owner or person in charge of the
property may request, in writing, that the revocation be considered
by the Northumberland County Board of Supervisors at its next regularly
scheduled meeting.
B.
Should the application have been for a single event, the date for
which has passed prior to the hearing before the Board of Supervisors,
the applicant may still be afforded an opportunity to be heard as
to his or her ability to conduct dances in the future, and a determination
by the Board of Supervisors that he or she is a proper person or entity
to receive a permit shall be binding on future applications to the
County Administrator unless new information as to violations of this
chapter, law enforcement intervention, and/or a violation of the alcoholic
beverage control regulations shall be received.
C.
If a dance hall permit has been revoked by the County Administrator
or if the Board of Supervisors upholds the County Administrator's
revocation of the dance permit, the entity, applicant or applicant
representative of an entity, owner, and/or the operator/person in
charge listed on the application shall not be allowed to make application
for another dance hall permit for a period of one year. The one-year
period shall begin from the date of the County Administrator's
letter of revocation or, if appealed to the Board of Supervisors and
the decision to revoke the permit is upheld, the date on which the
Board held their meeting.
D.
The entity, applicant or applicant representative of an entity, and
the owner or the person in charge of the property shall be treated
independently for the one-year period and shall not be able to apply
for a dance hall permit under another entity. After the one-year revocation
of any dance hall permit, the entity, applicant or applicant representative
of an entity, and the owner or the person in charge of the property
may reapply to the Board of Supervisors at their next regularly scheduled
Board meeting, in writing, to have their ability to apply for another
dance hall permit reinstated. The determination by the Board of Supervisors
that the applicant or applicant representative of an entity, the entity,
and the property owner or person in charge of the property are again
allowed to apply for a dance hall permit shall be binding on future
applications to the County Administrator unless new information as
to violations of this chapter, law enforcement intervention, and/or
a violation of the alcoholic beverage control regulations shall be
received.
Any person who shall operate or permit the operation on his
or her property or property under his or her control of a public dance
hall or dance as herein defined without a permit to operate a public
dance hall or dance shall be guilty of a Class 3 misdemeanor and upon
conviction of any requirement of this chapter, shall be subject to
a fine or punishment as provided by law. Each violation shall constitute
a separate offense, and nothing in this section shall be deemed to
prevent the County from bringing an appropriate action in the Circuit
Court of the County to restrain, enjoin, or otherwise prevent violation
of this chapter.
