As used in this chapter, the following terms
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
CITY
City of Hagerstown, Maryland.
CLUB PREMISES
Any place where an entertainment club is operated or maintained,
including all hallways, bathrooms, parking areas and other adjacent
portions of the premises which are accessible to the public during
operating hours.
ENTERTAINMENT CLUB
[Amended 8-25-2009 by Ord. No. O-09-11]
A.
Commercial premises which are open to the public, the primary
function of which is to offer patrons an opportunity to engage in
social activities such as dancing, or the enjoyment of live or prerecorded
music, or the enjoyment of entertainment provided by dancers or other
performers. As an incidental function, an entertainment club may sell
and serve food and beverages to its patrons.
B.
The term "entertainment club" does not include the following:
premises which are licensed to serve alcoholic beverages pursuant
to state law; theaters where the patrons sit in parallel rows of fixed
seats; full-service restaurants where the only entertainment is incidental
to the primary function of serving food; outdoor performances; a banquet,
party or celebration conducted for invited guests which is not open
to the general public; events sponsored and operated by a governmental
entity, an educational institution, a nonprofit religious, charitable,
benevolent, fraternal, or social organization, or a homeowner's
association.
OVER-TWENTY-ONE CLUB
Any entertainment club which restricts its admission to persons
age 21 years and over.
PERSON
One or more natural persons, corporations, partnerships,
associations, or other entities capable of having an action at law
brought against such entity.
TEEN CLUB
Any entertainment club which restricts its admission to persons
under the age of 21 years of age.
In addition to the application procedures referred to in §
92-4 of this chapter, an applicant for an entertainment club license shall provide the following:
A. A written statement identifying the club premises,
and setting forth measures proposed to ensure that adequate traffic
control, crowd protection and security, both inside and outside the
premises, will be maintained, and that the ages of patrons admitted
to the entertainment club will be monitored.
B. A statement electing whether the entertainment club
will be operated either exclusively as a teen club or exclusively
as an over-twenty-one club, and a statement of the proposed schedule
of operating hours and days.
C. Proof of insurance, including liability insurance
in the amount of $1,000,000 and workers' compensation insurance in
a commercially reasonable amount.
D. Proof of issuance of all trader's, business, food
service, sales tax, and any other applicable required state, county
or local licenses.
E. Proof of the occupancy limits of the club premises
as determined by the City Fire Marshal.
F. A nonrefundable annual license fee of $500.
After receiving a complete application for an entertainment club license at the office of the City Clerk, 1 East Franklin Street, Second Floor, Hagerstown, Maryland, as specified in §
92-3 above, the City shall follow the following procedures:
A. The City Clerk shall forward copies of the application
to appropriate City officials for their comments regarding compliance
with regulations under their jurisdiction. The City Clerk shall consider
all materials and comments submitted and shall issue or deny the license
within 30 days after the date on which a completed application was
filed unless the applicant agrees to an extension of the time period
in writing. A license shall be issued for a one-year period.
B. An entertainment club license shall be denied by the
City Clerk for any one or more of the following grounds:
(1) If the operation of the business on the premises does
not comply with all applicable City ordinances, Zoning Codes, and
state laws;
(2) If the application is incomplete or if it contains
any material misrepresentation; or
(3) If the application does not provide for adequate measures
for the protection of the public health, safety and welfare in terms
of traffic control, crowd protection and security, both inside and
outside the premises, and the monitoring of the ages of patrons admitted
to the entertainment club.
C. If the City Clerk denies a license, written notice
of the denial stating the reasons why shall be sent to the applicant.
The following operating rules and regulations
shall apply to all entertainment clubs in the City:
A. The entertainment club shall be operated in accordance
with all federal, state and local laws.
B. Persons of the following ages shall not be permitted
to enter or remain on the premises of a teen club:
(1) Under the age of 16 years unless accompanied by a
parent or legal guardian.
(2) 21 years of age or older except for bona fide employees
or entertainers hired by the licensee to work in the club, or a parent
or guardian of a person under 21 years of age present in the club.
C. No person under the age of 21 years shall be permitted
to enter or remain on the premises of an over-twenty-one club unless
accompanied by a parent or legal guardian, except for entertainers
or employees hired by the licensee to work in the club, who shall
he at least 18 years of age.
D. Teen clubs shall be operated only on Friday and Saturday
nights, and shall close at 1:00 a.m.
E. Over-twenty-one clubs may operate any night of the
week and shall close at 1:30 a.m.
F. It shall be the obligation of the licensee to employ
an adequate number of qualified security personnel who will be present
on club premises during all operating hours to maintain peace and
order and to ensure compliance with all applicable laws of the state
and of the City.
G. It shall be the obligation of the licensee to ensure
that no alcoholic beverages or controlled substances are offered for
sale or consumed on the entertainment club premises.
H. It shall be the obligation of the licensee to remove
from the club premises any person who is, or appears to be, under
the influence of, or affected by the use of, alcohol or drugs, or
whose conduct poses a physical danger to the safety of others present.
I. It shall be the obligation of the licensee to prevent
loitering, the creation of public nuisances or disturbances of the
peace by patrons of the entertainment club on club premises or in
the immediate vicinity. "Loitering" shall not include walking between
the club building and a patron's vehicle, nor shall it include the
act of waiting in line to gain admission to the club.
J. It shall be the obligation of the licensee to ensure that no noise emanates from the club premises in violation of the City Noise Ordinance (Chapter
155). Noise that is plainly audible at a distance of 50 feet from the premises shall be prohibited.
K. It shall be the obligation of the licensee to ensure
that no signs or flyers advertising the licensee or any event of the
licensee are posted on any utility poles, or in any other way in violation
of City ordinances. Licensee shall be responsible for the immediate
removal of any such signs or flyers which advertise licensee's business.
L. It shall be the obligation of the licensee to clean
up all litter on or around the club premises resulting from club operations.
The cleanup shall occur within eight hours after the end of each day's
operation and shall extend to the immediate vicinity of the club.
M. No entertainment club shall be operated within 500
feet of a school or recognized place of worship.
Any City police officers or Fire Department
personnel, presently on duty, shall have free access to all entertainment
clubs for the purpose of inspection and to enforce compliance with
the provisions of this chapter at all times that the premises are
open to the patrons.
The provisions of this chapter are severable.
If any provision of this chapter or its application to any person
or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of this chapter which can be given
effect without the invalid provisions or application.
Any violation of this chapter is declared to
be a nuisance. In addition to any other relief provided by this chapter,
the City Attorney may apply to a court of competent jurisdiction for
an injunction to prohibit the continuation of any violation of this
chapter. The application for relief may include seeking a temporary
restraining order, temporary injunction and permanent injunction.
In addition to the sanctions outlined in §§
92-8 and
92-10, any person, firm or corporation violating any provision of this chapter shall be fined not more than $1,000 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. A violation of this chapter shall be considered a municipal infraction.