[HISTORY: Adopted by the City Council of
the City of Jamestown 3-26-1962 as Ch. 8 of the 1962 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
One which is open to the people of the City or community
in general for an admission fee and without individual, prior or formal
invitation, or one which is conducted for profit, directly or indirectly,
whether admission is charged or not, or one which is conducted in
a place where intoxicating liquor is sold or drunk, or both.
A.
No person shall conduct, maintain or carry on a public
dance as defined in this chapter without first having procured a license
for that purpose as provided by this chapter.
B.
The license fee for an annual license as required by this chapter shall be as provided in Chapter 175, Licenses and Permits.
C.
Such license shall continue and be effective for one
year from the date of issuance unless revoked, except as otherwise
provided by this chapter.
Any person desiring to conduct, maintain or
carry on a public dance shall first file the following application
with the Chief of Police:
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The undersigned desires to conduct, maintain
and carry on a public dance under the provisions of this chapter,
and for that purpose he accepts the provisions of this chapter and
agrees to be bound thereby as a condition precedent to the issuance
and continuance of the license for which he applies:
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(a)
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Name of dance hall or location.
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(b)
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Name of associates or copartners in the conducting
of dances.
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(c)
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Name and address of the owner of the building
in which dances are to be conducted.
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(d)
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State whether the conducting of dances defined
by this chapter is to be the sole business conducted on the premises
or whether another enterprise or business will be conducted on the
same premises.
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(e)
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State whether applicant, copartners or associates
have been arrested for or convicted of violating the liquor laws of
the state or the United States and when and where.
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(f)
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Give floor upon which such dances are to be
conducted and state whether any bar for the sale of intoxicating liquors
or beer is located in the same room.
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(g)
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If the conducting of dances is now being carried
on, give date that it was started on the present premises.
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(h)
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Give such other information below as may be
required by the Chief of Police.
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The applicant hereby agrees to refrain from
violating the liquor laws of the United States or of the State of
New York.
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Dated this __________ , 19______
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Applicant(s)
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Amount deposited with application, $ _________
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State of New York, ss.
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Chautauqua County, ss.
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___________________ , being duly sworn, deposes
and says that he is (one of) the applicant(s) above named; that he
signed this application; that the statements therein contained are
true.
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Applicant(s)
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Sworn to before me this day
of , 19_____
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Notary
Public
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A.
The Chief of Police shall investigate into the truth
and merits of each application. He shall take into consideration the
character and reputation of the applicant, whether he has been arrested
or convicted of any offense, especially in relation to the liquor
laws of the state and of the United States, and he shall consider
whether the conduct or the proposed conduct of dances on the particular
premises is a menace to the health, good morals, good order, peace
and quiet of the occupants thereof, the customers or possible customers
and the community in general. The Chief of Police, in the exercise
of his discretion, may refuse to approve the application if he reaches
the conclusion that the proposed conducting of the dances by the particular
applicant on the specific premises menaces the health, good morals,
good order, peace, quiet and welfare of the community. The Chief of
Police shall refuse to approve the application for a license if the
applicant within five years has been convicted of a felony or within
one year of a misdemeanor or has been found guilty within one year
of a violation of a law, provision of this Code or other ordinance
of the City for the commission of an offense which shows his moral
unfitness to conduct dances within the definition of this chapter
or if the applicant has made a false statement in the application
required in this chapter. The Chief of Police shall have 10 days in
which to reach a decision as to a particular application, and if he
disapproves the same, he shall notify the applicant, in writing, of
his decision, accompanied by a general statement of his reasons therefor.
After the filing of his application and before granting of the license,
the applicant must publish a notice of making such application at
least two times in a daily newspaper published in the City. Any citizen
may appear before the Chief of Police in opposition or in favor of
the granting of such license. No applicant whose application has thus
been disapproved shall make further application therefor within six
months from the time of such rejection unless he can show that the
reason for such rejection no longer exists.
B.
Upon approval by the Chief of Police of an application pursuant to this chapter, such application shall be filed with the City Clerk/Treasurer, who shall issue such license as provided in § 120-2.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
C.
A person, however, who makes application to conduct
a public dance as defined in this chapter for one day only shall be
granted such license by the City Clerk/Treasurer upon application
to and approval thereof by the Chief of Police as provided in this
chapter, except that in such case the publication of a notice of making
such application is not necessary.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
No transfer of a license as to location or ownership
shall be granted.
Every license issued under this chapter shall
be posted at once, and while it is in force it shall be kept posted
in a conspicuous place or on the premises where the conducting of
dances is authorized.
It shall be unlawful for any person owning,
conducting or in charge of any dances as defined in this chapter to
harbor intoxicated persons on the premises or to allow intoxicated
persons to resort thereto or to permit any disorderly, indecent, immoral
or unlawful conduct on or in such premises.
It shall be the duty of every person conducting
or maintaining a public dance as defined in this chapter at all times
to keep the premises where such dances are conducted or maintained
in a clean and sanitary condition.
The Chief of Police, Superintendent of Health
and the various police, health, fire and sanitary officers of the
City are hereby authorized to inspect the licensed premises during
business hours to determine whether the same complies with the laws,
ordinances and regulations whose enforcement is a duty of their particular
departments.
The officers named in the preceding section
and their deputies and associates shall have a right to recommend,
in writing, the revocation of any license issued pursuant to this
chapter, stating the ground upon which such recommendation is made.
Such written recommendation and statement shall be filed with the
Judge of the City Court. If the Judge of the City Court believes that
the statements contained therein are true or if he believes that sufficient
cause exists for the recommendation therein contained, he shall cause
such recommendation and statement to be served upon the licensee or
person conducting or maintaining such dances, accompanied by a notice
to such person that a hearing will be held thereon at the City Court
at the time fixed in the notice. The time of such hearing shall be
not less than three days from the date of the service of such notice,
and the person against whom it is filed shall have an opportunity
to be heard to make his defense against such charges. The officer
making the recommendation and statement shall be entitled to be heard
with his witnesses for the purpose of sustaining such charges. If
the City Court Judge finds upon such hearing that the licensee has
violated the provisions of this chapter or has made an untrue statement
in his application for the license or if he shall be satisfied through
such hearing that the licensed business is being conducted in a manner
which is detrimental to the morals, good order, peace, quiet and welfare
of the community, he shall have the power to suspend such license
for a given number of days or to revoke the same. The judgment of
the City Court shall revoke the license of any licensee convicted
of violating the liquor law of the state or of the United States.
Whenever any license has been revoked, no other license shall be issued
to the same licensee within one year from the date of revocation.
The conviction of the licensee of violating this chapter shall effect
the immediate revocation of the license.
Any notice provided for in this chapter shall
be served either by delivering a copy personally to the licensee or
by leaving a copy with some person of suitable age and discretion
at the place of business of the licensee and actually or apparently
in charge thereof. If no such person may be found at the place of
business of the licensee, notice may be served by posting such notice
in a conspicuous place on the premises and mailing a copy thereof
to the licensee at his place of business as set forth in his oath
and application for a license.
[Amended 8-10-1992 by L.L. No. 2-1992]
Any person who makes a false statement in his application for the purpose of obtaining a license or any person who himself or by his clerk, agent or employee conducts public dances without the license required by this chapter or who shall violate any of the provisions of this chapter or any person whose license has been suspended or revoked who continues to conduct such dances during the time of the suspension or revocation or any person who violates any provision of this chapter shall be punished as provided in Chapter 1, General Provisions, Article I, Penalties.
