[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.]
GENERAL REFERENCES
Police Department — See Ch. 65.
Alcoholic beverages — See Ch. 93.
Licenses and permits — See Ch. 175.
Minors — See Ch. 185.
Peace and good order — See Ch. 198.
As used in this chapter, the following terms shall have the meanings indicated:
PUBLIC DANCE
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.
D. 
The license fee to conduct a dance for one day only shall be as provided in Chapter 175, Licenses and Permits.
Any person desiring to conduct, maintain or carry on a public dance shall first file the following application with the Chief of Police:
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:
(a)
Name of dance hall or location.
(b)
Name of associates or copartners in the conducting of dances.
(c)
Name and address of the owner of the building in which dances are to be conducted.
(d)
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.
(e)
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.
(f)
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.
(g)
If the conducting of dances is now being carried on, give date that it was started on the present premises.
(h)
Give such other information below as may be required by the Chief of Police.
The applicant hereby agrees to refrain from violating the liquor laws of the United States or of the State of New York.
Dated this __________ , 19______
Applicant(s)
Amount deposited with application, $ _________
State of New York, ss.
Chautauqua County, ss.
___________________ , 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.
Applicant(s)
Sworn to before me this
day
of
, 19_____
       Notary Public
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]
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.