City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Schenectady 2-9-1970 by Ord. No. 15274.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Amusements generally — See Ch. 128.
[1]:
Editor's Note: The provisions of this chapter are derived from Ch. 5, Art. II, of the former Revised Ordinances, adopted 2-9-1970 by Ord. No. 15274.

§ 142-1 Short title.

This chapter shall be known as the "Dance Hall Ordinance."

§ 142-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
HOME
Includes only such buildings as are used exclusively for private dwelling purposes.
PRIVATE DANCE
Includes any dance given at any home or any dance where admittance is by invitation only, given by permanently organized clubs, societies or corporations not in the business of conducting dances for profit, where the attendance is restricted to members of the society, club or corporation and their guests.
PUBLIC DANCE
Includes any dance or ball to which admission may be had by the payment of a fee or by the purchase, possession or presentation of a ticket or token obtained for money or other valuable thing or in which a charge is made for the caring of clothing or other property or any other dance or any party where dancing is held before or after a program of some other nature than dancing to which any of the public generally gain admission with or without the payment of fee.
PUBLIC DANCE HALL
Includes any room, place, space or platform in which a public dance may be held or any hall or academy in which classes in dancing are held or instruction in dancing is given for hire.

§ 142-3 Exemptions.

The provisions of this chapter shall not apply to private dances or dances operated in premises owned or leased by fraternal, religious, labor or school organizations nor to premises duly licensed to sell alcoholic beverages under the Alcoholic Beverage Control Law where, under the terms of such license, dancing is permitted, nor shall it apply to premises owned by federal, state or municipal authorities.

§ 142-4 License required; compliance with provisions.

It shall be unlawful for any person to conduct, operate or manage a public dance hall within the city except upon procuring a license for that purpose and complying with all other provisions of this chapter.

§ 142-5 License application.

[Amended 10-29-1973 by Ord. No. 16216]
Any person desiring to conduct, operate or manage a public dance hall shall make application to the Office of Consumer Protection for a license, designating the location of such proposed dance hall. Such application shall also include the length of time such applicant, or the manager or person in charge if the applicant is a firm, partnership, corporation or association, has resided in the city, his previous places of employment, whether married or single, whether he has been convicted of violating any law regulating the conduct of public dance halls or public dances and, if so, when and in what court and such other information as the Council may, from time to time, require.

§ 142-6 Issuance of license; duration; fees.

[Amended 10-29-1973 by Ord. No. 16216; 3-18-1991 by Ord. No. 91-11]
After sufficient time to permit an investigation of the premises by the Office of Consumer Protection, the Office of Consumer Protection is authorized to issue a license to conduct, operate or manage a public dance hall for a period of six months from the date of issue upon the payment of a fee of $100.

§ 142-7 Conditions prerequisite to license issuance.

No license shall be issued unless and until it shall be found that all of the persons named in the application are of good moral character, that the proposed public dance hall complies with and conforms to all ordinances and all health and fire regulations applicable thereto, that it is properly ventilated and supplied with separate and sufficient toilet conveniences for each sex and that it is a safe and proper place for the purposes for which it shall be used.

§ 142-8 Insurance required.

[Amended 10-29-1973 by Ord. No. 16216]
The licensee shall take and maintain, during the duration of the license, general liability insurance in an amount of $100,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person and in an amount not less than $300,000 as a result of any one accident, joining the city as an insured. A certificate shall be filed with the Office of Consumer Protection.

§ 142-9 Denial of license.

[Amended 10-29-1973 by Ord. No. 16216]
A license shall be refused by the Office of Consumer Protection to any applicant who shall have been convicted within five years of the date of application of a second offense against any of the provisions of this chapter or to any association or corporation of which a member shall have been so convicted. A license shall also be refused to any person who has, within five years of the date of application, been convicted of a felony and to any association or corporation of which any member has been so convicted of a felony.

§ 142-10 Transfer of license.

[Amended 10-29-1973 by Ord. No. 16216]
No transfer of a license as to location or ownership shall be granted except after application therefor upon a form provided by the Office of Consumer Protection, which may grant or reject such application after investigation. If the application for transfer is approved, this action shall be endorsed upon the license by the Office of Consumer Protection.

§ 142-11 Revocation of license.

[Amended 10-29-1973 by Ord. No. 16216]
A license to conduct, operate or manage a public dance hall shall be granted and accepted upon the express condition that it may be revoked, upon cause shown, by the Office of Consumer Protection whenever it shall be determined that such public dance hall has been or is being conducted in a manner detrimental to the public welfare or in violation of any of the provisions of this chapter.

§ 142-12 Maintenance of premises; lighting.

All public dance halls shall be kept at all times in a clean, healthful and sanitary condition, and all stairways and other passages and all rooms connected with a public dance hall shall be kept open and well lighted during the public use.

§ 142-13 Unlawful acts.

It shall be unlawful for any person conducting a public dance or public dance hall or any manager or other agent of such person:
A. 
Intoxicating liquors or drugs: to permit on the public dance hall premises any person having in his possession, under the influence of or offering for sale, selling, giving away or drinking any intoxicating liquors or drugs.
B. 
Idlers, loiterers, etc.: to permit idlers, loiterers or other hangers-on to be on or about the dance hall premises.
C. 
Smoking: to permit smoking except in rooms reserved for smoking.
D. 
Gambling: to permit gambling in any form on the premises.
E. 
Men in ladies' room: to permit men to enter the ladies' room or parlor.
F. 
Vulgar, etc., dancing: to permit persons to indulge in dancing that may be construed as unrefined, vulgar, suggestive or immoral.
G. 
Couples only admitted: to grant admission to persons other than couples.
H. 
Taxi dancing: to permit taxi dancing.
I. 
Leaving at intermission: to permit the leaving of the premises at intermission on a pass or other identification for readmission to the dance hall.
J. 
Slot machines: to permit slot machines.
K. 
Minors: to permit any person who has not reached the age of 18 years to attend or take part in any public dance after 9:00 p.m. unless such person shall be in the company with a parent or natural guardian. It shall be unlawful for any person to represent himself to have reached the age of 18 years in order to obtain admission to a public dance hall or public dance or to be permitted to remain therein when such person in fact is under 18 years of age. It shall also be unlawful for any person to represent himself to be a parent or natural guardian of any person in order that such person may obtain admission to a public dance hall or public dance or be permitted to remain therein when the person making the representation is not in fact either a parent or natural guardian of the other person.
L. 
Sunday: to permit any public dance halls to keep open or to allow any public dance hall to be used for dancing on the first day of the week, commonly called Sunday.