[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 — 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.
This chapter shall be known as the "Dance Hall
Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
Includes only such buildings as are used exclusively for
private dwelling purposes.
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.
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.
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.
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.
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.
[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.
[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.
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.
[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.
[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.
[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.
[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.
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.
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.
