[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:
- DANCE HALL
- 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.
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.
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:
The name, physical address, and telephone number of the proposed dance location.
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.
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.
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.
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.
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.
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.
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.
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.
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; 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.
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.
The applicant for any County dance permit shall be the same individual that makes application for the Virginia Alcoholic Beverage Control Commission license.
Any charitable entity listed on the Virginia Alcoholic Beverage Control Commission license shall also match that on the appropriate County permit/form.
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:
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.
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.
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.
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.
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.
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.
Amplification of music shall be not maintained at a volume which constitutes a nuisance to adjoining property owners.
Public nudity, or the encouragement of such, is prohibited on the premises.
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.
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.
The County Administrator shall issue a permit if he or she finds that:
The Sheriff has determined none of the following grounds for denial appears to exist:
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.
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.
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.
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.
The application is complete and statements in the application do not contain any omissions or misrepresentations of the event to occur.
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.
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.
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.
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.
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.