[HISTORY: Adopted by the Town Council of the Town of Hudson 2-9-2002 ATM, Art. 29,
adopted 3-12-2002. Amendments noted where applicable.]
This chapter is enacted by the legislative body of the Town
of Hudson for the protection and preservation of the health, safety
and welfare of the general public as authorized pursuant to RSA § 31:39
and RSA § 105:9.
As used in this chapter, the following terms shall have the
meanings indicated:
Any location which permits or permits to occur the gathering
of people for dancing, regardless of whether conducted as an isolated
or occasional event. This definition shall not be limited to any particular
type of structure, or any particular part of any structure, and shall
include any building or any part thereof where dancing occurs, and
the fact that other activities are carried on in the same place shall
not alter the classification of the location as defined herein. Expressly
excluded from this definition are public or private schools licensed
by the State of New Hampshire or operated by the Hudson School District,
private residences, charitable and nonprofit groups and organizations,
and religious organizations.
Any room, space or area which is suitable for the occupancy
or assembly of One Hundred or more persons for entertainment purposes.
For the purposes of this definition, any such room, space or area
shall include any occupied connecting rooms, spaces or areas on the
same level or in the same story or in a story or stories above or
below, which entrance is common to the rooms, space or area.
Any natural person, corporation, unincorporated association
or other legal entity.
No person shall operate a dance hall or entertainment place
of assembly within the Town of Hudson unless a license to do so, according
to such restrictions and conditions as may be required, has been first
obtained from the Chief of Police.
A.
Application for a license to operate a dance hall or entertainment
place of assembly shall be made to the Chief of Police, subject to
the written approval of the Board of Selectmen, upon a form to be
determined by the Board of Selectmen.
B.
The application shall include:
(1)
The name, trade name, home address, home telephone number, business
address and business telephone number of the applicant;
(2)
The location of the dance hall or entertainment place of assembly
and its square footage;
(3)
A description of the activity(s) which will be engaged in at the
dance hall or entertainment place of assembly;
(4)
A description of the physical layout of the dance hall or entertainment
place of assembly;
(5)
A statement that the Building Inspector and/or Health Officer has
caused an investigation of the dance hall or entertainment place of
assembly in order to ascertain whether there exists sufficient and
appropriate means of ingress and egress, lighting, and bathroom facilities,
or other risks to the health, safety, and welfare of the general public,
along with a recommendation on the application;
(6)
A statement that the Chief of Police has caused an investigation
of the dance hall or entertainment place of assembly in order to ascertain
any traffic-related problems, public disturbances, or public nuisances,
or other risks to the health, safety, and welfare of the general public,
along with a recommendation on the application; and
(7)
Proof of compliance with all applicable ordinances, rules and regulations,
including, but not limited to, all health, building, zoning, fire,
police or other rules and regulations.
A.
A person licensed under this chapter shall pay the fee prescribed
as follows:
(1)
An annual fee based on the gross square feet of the area occupied
by the dance hall or entertainment place of assembly as follows: $50
for the first 1,500 square feet or fraction thereof, plus an additional
$2 for each 100 square feet or fraction thereof over 1,500 square
feet, except that the maximum fee for any license shall be $1,000;
or
(2)
A daily fee of $15 per day.
B.
Applicants whose initial license for a dance hall or entertainment
place of assembly is received by the Chief of Police after May 1 of
the year, shall be subject to annual license fees as follows:
When it is determined, after investigation by the Chief of Police,
that in order to avoid traffic-related problems, public disturbance,
or public nuisances, or otherwise to protect the health, safety, and
welfare of the general public, any person licensed under this chapter
shall be required to hire an off-duty police officer or officers during
those hours as the Chief of Police may deem appropriate. The Chief
of Police may require police attendance, release prior police attendance
requirements, or instate or reinstate police attendance requirements
as the situation may require.
Any person licensed to operate or conduct a dance hail or entertainment
place of assembly shall be subject to the following restrictions:
A.
No dance hall or entertainment place of assembly shall be permitted
to operate during the hours between 2:00 a.m. and 7:00 a.m.
B.
No person licensed to operate a dance hall or entertainment place
of assembly shall allow any person attending the dance hall or entertainment
place of assembly to enter any room designated for the use of the
opposite sex.
A.
The Chief of Police may deny or revoke a license under this chapter
for cause, including but not limited to the following:
(1)
Fraud, misrepresentation, or false statement contained in the application
for license;
(2)
Fraud, misrepresentation, or false statement in the operation or
conduct of the dance hall or entertainment place of assembly;
(3)
Any violation of a restriction or condition placed on the license;
(4)
Any violation of any applicable rule or regulation contained in this
chapter or elsewhere, including, but not limited to, all health, building,
zoning, fire, police or other rules and regulations; or
(5)
The operation and conduct of the dance hall or entertainment place
of assembly creates a public disturbance, public nuisances, or otherwise
endangers the health, safety, and welfare of the general public.
B.
Upon receipt of notification of denial or revocation of a license
to operate or conduct a dance hall or entertainment place of assembly,
the applicant or licensee may request, in writing, a hearing before
the Board of Selectmen in accordance with the following provisions:
(1)
The request must be made within 10 days of the notice of revocation;
(2)
A hearing shall be scheduled at the earliest possible date;
(3)
Following the hearing, the Board of Selectmen may deny, revoke, or
issue a license subject to such conditions and restrictions as may
be appropriate within a reasonable time thereafter.
C.
Where it appears that there is an imminent danger to the health,
safety, or welfare of the general public, a license to operate or
conduct a dance hall or entertainment place of assembly may be revoked
immediately without notice, and prior to a hearing.
A.
The Chief of Police shall have and exercise the power to issue citations
for violations of any provision of this chapter and the authority
to enter any location which is licensed and operating as a dance hall
or entertainment place of assembly.
B.
Any person violating any provision of this chapter shall be subject
to civil fines and penalties not to exceed $1,000 for each offense.
Each act of violation and every day upon which such violation occurs
shall constitute a separate offense. In any proceeding to enforce
the provisions of this chapter, the Town of Hudson shall be entitled
to an award of its costs and attorney's fees incurred as a result
thereof.
If any part of this chapter shall be deemed to be unenforceable
or unconstitutional, then all other parts shall remain in full force.
