[HISTORY: Adopted by the Village Board of the Village of Baldwin 4-28-2004 as Title 7, Ch. 8, of the 2004 Code. Amendments noted where applicable.]
Licenses and permits — See Ch. 373.
The following definitions are applicable in this chapter:
- Exhibitions or performances in which the persons paying for admission participate.
- Only such buildings as are used exclusively for private dwelling purposes.
- Used in connection with words "prostitute" or "a male or female procurer" or "vagrant," "known" shall mean known to the manager, owner or lessee of a public dance hall, or to the person conducting a public dance, or to the police or other authorities having to do with the regulation or supervision of public dance halls or public dances to be one of the persons named, or who has such general reputation or character, or who has pleaded guilty to or has been convicted of being a prostitute, male or female procurer or vagrant.
- Natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued, except where the context eliminates some of them.
- PRIVATE DANCE
- Any dance given at any home or by permanently organized clubs, societies or corporations where the attendance is restricted to the members of the society, club or corporation or the guests of the society, club or corporation, admitted by invitation only, and from which guests no fee or payment or token of any kind is or will be received.
- PUBLIC DANCE
- Any dance or a hall 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 dance or party where dancing is held before or after a program of some other nature than dancing to which any of the public generally may gain admission with or without the payment of a fee.
- PUBLIC DANCE HALL
- Any room, place or space in which a dance is intended to be held.
No person shall hold any public dance in any public dance hall within the limits of the Village until the public dance hall in which the same may be given or held shall first have been duly licensed for such purposes. No person shall permit any room or building owned or controlled by him/her to be used for the purpose of a public dance unless the same shall be licensed as herein provided.
Any person desiring to procure a license as herein provided shall file with the Village Clerk-Treasurer a written application upon a blank form furnished by the Village. Such application shall contain the names, residences and ages of the applicants, if an individual, firm or partnership, or the names of the principal officers, their residences and ages, if the applicant is an association or corporation. It shall also contain the name or names of one or more person whom such firm, partnership, corporation or association shall designate as manager or person in charge, with the address or addresses of the same.
Such application shall further state the following:
The premises where such public dance hall is to be located or conducted, giving the street number of all entrances, the location of the room or rooms to be occupied and the total amount of floor space to be used for dancing purposes.
The name and address of the person owning the premises for which a license is sought.
Such other information as the Village Board may from time to time require.
The Village Clerk-Treasurer shall refer such application to the Chief of Police, Chief of the Fire Department and Building Inspector, who shall inspect or cause to be inspected the premises for which a public dance hall license is requested to determine whether such premises sought to be licensed complies with all regulations, ordinances and laws applicable thereto. These officials shall furnish to the Village Board in writing the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused.
Upon the filing of the application and the information as provided in § 260-3, the Village Board may, upon its approval of such application and the payment to the Village of the license fee hereinafter provided, issue to the applicant a license to conduct and maintain a public dance hall. Such license fees shall be paid to the Village Clerk-Treasurer, who shall transfer the fees to the general Village fund. No license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the public dance hall, the dates of issuance and expiration of the license, the fee paid and the name of the licensee. No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he/she can show that the reason for such objection no longer exists. No license shall be granted to a person under 18 years of age or renewed without a reinspection of the premises.
Licenses shall expire on the first day of July succeeding the issuing thereof and the license fee therefor shall be as indicated in the Village Fee Schedule.
No license shall be issued unless it is found that the applicant is of good moral character, that the proposed public dance hall complies with and conforms to all ordinances and health and fire regulations applicable thereto, and that it is a safe and proper place for the purposes for which it shall be used. No license shall be granted for any dance hall unless adequate toilet facilities are provided within the building, including wash basins with running water, soap and individual towels, and unless an adequate supply of drinking water is provided from a fountain or with individual drinking cups.
No transfer of a license as to location or ownership shall be granted except after application therefor upon a form provided by the Village Board, 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 Village.
Every person licensed in accordance with the provisions of this chapter shall immediately post such license and keep the same posted while in force in a conspicuous place in the premises mentioned in the application for such license. No person shall post such license or be permitted to post it upon premises other than those mentioned in the application, or knowingly deface or destroy any such license. Whenever a license shall be lost or destroyed without fault on the part of the holder or his/her agent or employee, a duplicate license in lieu thereof under the original application may be issued by the Village Clerk-Treasurer at his/her discretion.
The President, Chief of Police, or Village Board may, at any time after giving notice to the licensee of an opportunity to be heard, revoke any license or permit granted under the provisions of this chapter for disorderly or immoral conduct on the premises, or upon proof that the public dance hall or a public dance given under the same auspices was frequented by disorderly or immoral persons, or for the violation of any of the rules, regulations, ordinances or laws governing or applying to public halls or public dances, or for the protection of public health, safety, morals or general welfare. Whenever any license or permit shall be revoked, no refund or any unearned portion of the fee paid shall be made, and at least six months from the time of such revocation shall elapse before another license or permit shall be given to conduct a public dance in the same premises. Notice of such hearing and the reason therefor in writing shall be served by the Village Board upon the person named in the application by mailing the same to the address given in the application and by filing a copy of such with the Village Clerk-Treasurer.
No person shall hold a public dance within the limits of the Village without first having obtained permit therefor from the Village Clerk-Treasurer. Application for such permit must be made at least three days before the dance authorized thereunder is to be held.
The fee for such permit shall be as indicated in the Village Fee Schedule. No permit shall be required for a private dance as defined in § 260-1.
The person desiring such a permit shall make application therefor on a form furnished by the Village Clerk-Treasurer.
All public dance halls and facilities appertaining thereto shall be kept clean at all times in a healthful and sanitary condition, and all stairways and other passages and rooms connected with a public dance hall shall be kept open and well lighted during the public use. Proper ventilation must be maintained at all times.
The Chief of Police shall have power, and it shall be his/her duty to cause the place, hall or room where any public dance is held or given to be vacated whenever any rule or regulation or provision of any law or ordinance with regard to public dance halls or public dances is being violated, or whenever an indecent act shall be committed or any disorder or conduct of a gross, violent and vulgar character shall take place therein, or any known prostitute, procurer or vagrant is found to be present in such place.
All public dances and dance halls shall be closed on or before 2:00 a.m.; provided, however, that upon the application of bona fide and responsible person, organization or society, a later closing hour may be authorized by the Village Board. No public dance shall be held between the hours of 2:00 a.m. and 8:00 a.m., except as otherwise provided by this chapter.
No person shall permit any person to attend or take part in any public dance who has not reached the age of 16 years after 9:00 p.m. unless such person shall represent himself/herself to have reached the age of 16 years in order to obtain admission to a public dance hall or a dance, or be permitted to remain therein when such person in fact is under 16 years of age. Also, no person shall represent himself/herself to be a parent or natural guardian of any person in order that such person may obtain admission to a public dance hall or dance, or shall be permitted to remain therein when the party making the representation is not in fact either a parent or natural guardian of the other person.
No person conducting a public dance or dance hall, or any manager or other agent of such person, shall permit:
Any known prostitute, male or female procurer or vagrant to be present at any public dance or dance hall.
On the public dance hall premises persons under the influence of intoxicating liquor or drugs.
Idlers, loiterers or other hangers-on to be on or about the dance hall premises.
Gambling in any form on the premises.
People to indulge in dancing that is construed as unrefined, vulgar, suggestive or offensive to public morals or decency.
Any undue familiarity between persons on the dance floor.
Indecent, boisterous or disorderly conduct, or the use of profane or obscene language.
The sale, use and presence of intoxicating liquor on the premises without the express permission of the Village Board.
The members of the Police Department shall have access at all times to all public dance halls and dances. Officers shall investigate all complaints and visit such halls and dances and report any and all violations.