Unless the particular provisions or the context otherwise requires,
the definitions and provisions contained in this section shall govern the
construction, meaning and application of words and phrases used in this chapter:
DANCE HALLS or DANCE CLUBS
Any establishment other than a restaurant [as defined in §
270-19B(3)] where dancing by the patrons takes place or where dancing by the patrons is permitted to take place. As used in this chapter, the term "dance hall" includes "dance clubs."
EMPLOYEE
Any person who renders any service in connection with the operation
of a dance hall business and receives compensation from the operator of the
business or patrons.
PATRON
Any person who is lawfully on the premises of a dance hall who is
not an employee or operator of the dance hall business.
The Commissioners of the City of Rehoboth Beach find from past experiences
of police actions and investigations, citizens' complaints and personal
observations that patrons of dance halls in the city tend to congregate and
to display illegal and offensive conduct, including fighting, during late
night and early morning hours. In order to promote the health, safety and
welfare of the citizens of the City of Rehoboth Beach, as well as its businesses
and tourists, and the integrity of the environment of the city, it is appropriate
to enact legislation to regulate the operation of dance halls in the city.
No person shall engage in or carry on business of a dance hall establishment
unless a valid dance hall business permit has been issued by the city pursuant
to the provisions of this chapter.
The hours of operation for dance halls shall be restricted to 8:00 p.m.
to the following 1:00 a.m. each day.
Any person desiring a permit to operate a dance hall establishment shall
file a written application with the City Manager on a form to be furnished
by the City Manager. The applicant shall accompany the application with a
tender of the correct permit fee, as hereinafter provided, and shall, in addition,
furnish the following:
A. The type of ownership of the business, i.e., whether
individual, partnership, corporation or otherwise.
B. The name, style and designation under which the business
or practice is to be conducted.
C. The business address and all telephone numbers of the
business to be conducted.
D. The following personal information concerning the applicant,
if an individual; and concerning each stockholder holding more than 10% of
the stock of the corporation, each officer and each director, if the applicant
is a corporation; and concerning the partners, including limited partners,
if the applicant is a partnership; and concerning the manager or other person
principally in charge of the operation of the business:
(1) Name, complete residence address and residence telephone
number.
(2) The two previous addresses immediately prior to the present
address of the applicant.
E. Authorization for the city, its agents and employees
to seek information and conduct an investigation into the truth of the statements
set forth in the application on the qualifications of the applicant for the
permit.
F. The names and addresses of three residents of the county
who will serve as character references. These references must be persons other
than relatives and business associates.
G. Written declaration by the applicant, under the penalty
of perjury, that the information contained in the application is true and
correct, with said declaration being duly dated and signed in the city.
The City Manager shall issue a dance hall establishment permit within
45 days of receipt of the application, unless he finds that:
A. The correct permit fee has not been tendered to the city
and, in the case of a check or bank draft, honored with payment upon presentation.
B. The operation, as proposed by the application, if permitted,
would not comply with all applicable laws, including but not limited to the
city's building, zoning and health regulations.
C. The applicant has knowingly made any false, misleading
or fraudulent statement of fact in the application for the permit or in any
document required by the city in connection therewith.
D. The applicant has operated a dance hall establishment
and has had a license denied, revoked or suspended for any of the above causes
by the city or any other state or local agency within two years prior to the
date of the application.
E. The applicant, if an individual, or any of the officers
and directors, if the applicant is a corporation, or any of the partners,
including limited partners, if the applicant is a partnership, and the manager
or other person principally in charge of the operation of the business is
not over the age of 21 years.
The dance hall establishment shall display its permit in an open and
conspicuous place on the premises of the dance hall establishment.
The permit fee for a dance hall establishment shall be $270 per year
or any part thereof.
No dance hall establishment permit shall be transferable, separable
or divisible, and such authority as a permit confers shall be conferred only
upon the permittee named therein.
No person shall sell, give, dispense, provide or keep or cause to be
sold, given, dispensed, provided or kept any alcoholic beverage on the premises
of any dance hall establishment.
Any person, firm or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $50 nor more than $200 for each offense, and
for the purposes of this chapter, a separate offense shall be deemed to be
committed on each day during or on which a violation occurs or continues.