CROSS REFERENCES
Power to regulate dancing academies or public ballrooms, RC 715.61
Intoxicating liquor in dance hall, RC 4399.14
Unnecessary noise, CO 605.10
Public intoxication, CO 605.13
Gambling prohibitions, CO Ch 611
The terms used in this chapter shall have the following meanings unless another meaning is clearly apparent in the language or context:
(a) "Public dance" or "public ball" means any dance or ball to which admission can be had by payment of a fee or by the purchase, possession or presentation of a ticket or token obtained for money or other valuable consideration, or in which a charge is made for caring for clothing or other property, or any other dance to which the public generally may gain admission, with or without the payment of a fee, including restaurant dancing or any other dance or party where dancing is held before or after a program of some other nature and dancing to which any of the public generally may gain admission with or without the payment of a fee.
(b) "Public dance hall" means any academy, room, place, restaurant or night club in which a public dance or public ball is held or any room, place, hall or academy in which classes in dancing are held or instruction in dancing is held or given for a fee.
(c) "Known" as used in this chapter providing for restrictions, means known to the manager, owner or lessee of a public dance hall, or to the persons conducting a public dance or to the Division of Police.
(d) "Private dancing" means and includes any dance given at any home or by any permanently organized clubs, societies or corporations, where the dancing is restricted to members of the society, club or corporation admitted by invitation only.
(e) "Home" means and includes only such buildings as are used exclusively for private dwelling purposes.
(f) "Dancing" does not mean or include exhibitions or performances in which the persons paying for admission do not participate.
(Ord. No. 101423. Passed 4-16-34)
No public dance or public ball or classes in dancing shall be held, or instructions in dancing for hire given in any public dance hall, academy, room, place or restaurant within the limits of the City until such public dance hall, academy, room, place or restaurant has first been duly licensed for such purpose in the manner provided in this chapter. No person, firm or corporation shall permit any room or building owned or controlled by him to be used for the purpose of a public dance hall unless the same has been licensed.
(Ord. No. 94275. Passed 5-11-31)
Every person, society, club, firm or corporation desiring a license to operate a public dance hall shall make application to the Commissioner of Assessments and Licenses. Each application shall be in the form prescribed by the Commissioner of Assessments and Licenses, and shall contain the name, residence, occupation and age of the applicants if individuals, and if a firm or partnership, the name or names, residences and occupations of the manager and each member of the firm or partnership, and if a corporation, the names of its officers and manager. The application shall also contain the location of such public dance hall, academy, room, place or restaurant, the street and number of all entrances, and shall be accompanied by a plat showing the arrangement of the rooms and amount of floor space to be used for dancing. Such application shall be filed at least ten days prior to the time of granting such license. The Commissioner of Assessments and Licenses shall transmit such application for inspection and investigation to the Commissioner of Building, the Division of Environmental Health and Sanitation, the Division of Fire, the Inspector of Dance Halls, and the Director of Public Safety. The Building Commissioner, Division of Environmental Health and Sanitation, Division of Fire, Inspector of Dance Halls and Director of Public Safety shall, after such inspection and investigation as they may deem necessary, make a report with recommendation for the approval or disapproval of such application. If such application is approved, the Commissioner of Assessments and Licenses shall issue a license on the payment of the proper fee provided herein; but no such application shall be approved in which the dance hall does not comply with all of the provisions of existing ordinances governing sanitary conditions, fire protection and health regulations. The application shall be rejected if the reports submitted thereon show that any of the persons named in the application are not of good moral character; or that any of such persons have previously been connected with a public dance hall where the license has been revoked; or where any provision with reference to public dance halls has been violated; or that the dance hall sought to be licensed does not comply with the health and fire regulations applicable thereto; or that it is not properly ventilated and supplied with separate and convenient toilet facilities for each sex; or that it is not a safe and proper place for the purpose for which it is contemplated to be used. If the application is rejected, the license applicant shall be forthwith notified in writing of the reasons for rejection and shall have the right to appeal to the Board of Zoning Appeals established pursuant to Charter Section 76-6. The Board shall have power, after full hearing, to affirm, modify or reverse the finding of the Commissioner of Assessments and Licenses and the judgment of such Board shall be final. In case of appeal to such Board, the applicant shall, within ten days after notice of such rejection, perfect his appeal by leaving notice in writing of his intention to appeal at the office of the Director of Law. Such Board shall thereafter set a time and place for such hearing, which shall not be more than ten days from the date of filing such notice of appeal and the appellant may be represented by counsel. No applicant to whom a license has been refused shall make further application until a period of at least six months has elapsed since the last previous rejection, unless he can show that the reason for such rejection no longer exists. No license shall be granted to a person under twenty-one years of age, or to any person who is not a citizen of the United States and the State, or renewed without a re-inspection of the premises.
(Ord. No. 94275. Passed 5-11-31)
All public dance halls shall be kept at all times in a clean, healthful and sanitary condition and all stairways and other passages shall be kept clear and well lighted. After a public dance hall license has been granted, the Commissioner of Health shall see that sufficient toilet conveniences, sanitary drinking facilities and adequate ventilating facilities are maintained in such dance halls. The Division of Fire shall see that all fire hazards are immediately removed from such public dance halls. The Inspector of Dance Halls may require the owner or manager of any public dance hall to employ a matron who shall be in attendance at all dances to supervise the conduct and deportment of patrons. No person shall be employed as matron unless first approved by the Inspector.
(Ord. No. 94275. Passed 5-11-31)
Any person, society, club, firm, or corporation to which a license is granted, shall upon the granting of the license, pay a biennial fee as follows:
| Floor Space (sq. ft.) | Biennial Fee |
| Less than 2,500 | $100.00 |
| 2,500 to 6,500 | $130.00 |
| Over 6,500 | $170.00 |
However, upon the voluntary surrender of a dance hall license within 120 days after the issuance of the license, one-half of the fee shall be returned to the owner of the license, payable out of the fund into which the license fee has been paid. All money received by way of license fees and permits shall be paid into the General Fund of the City. All licenses granted under the provisions of this chapter shall expire on the 30th day of June in odd numbered years, unless sooner suspended or revoked, provided, however, that any license issued under Section 690.03 between the effective date of this section and June 30, 1993 shall expire on June 30, 1995 unless sooner suspended or revoked by the Commissioner of Assessments and Licenses. A license issued under the provisions of this chapter shall be displayed at all times in a conspicuous place in the public dance hall for which it is issued. No transfer of any license shall be permitted.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
The Commissioner of Assessments and Licenses may, at any time, suspend, and after giving written notice to the licensee and affording him an opportunity to be heard, may revoke, any license 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 auspices of such licensee, was frequented by disorderly or immoral persons; or for the violation of any of the rules, regulations or ordinances governing and applying to public dance halls and dances, or any ordinance regulating, controlling or in any way relating to health, sanitation, fire protection or the public peace, or for the violation of any of the provisions of this chapter. Whenever any license has been so revoked, no refund of any portion of the fee paid shall be made, and at least six months shall elapse from the time of such revocation before another license shall be given to conduct a public dance hall or public dance in the same premises. A public record of all such revocations shall be made, containing the date and reasons for such revocation and the name of the owners and managers.
(Ord. No. 94275. Passed 5-11-31)
All public dances and all public dance halls shall be closed on or before 12:00 midnight. However, upon the application of a bona fide responsible person, club, organization, corporation or society and after investigation, the Director of Public Safety may grant such person, club, organization, corporation or society a permit to continue the dance until such time as in the opinion of the Director is reasonable.
(Ord. No. 101423. Passed 4-16-34)
No person conducting a public dance or public dance hall or any manager or other agent of such person shall permit any person to attend or take part in any public dance who has not reached the age of eighteen years, unless such person is accompanied by a parent or legal guardian. No person shall represent himself or herself to have reached the age of eighteen years in order to obtain admission to a public dance hall or public dance, or be permitted to remain therein when such person in fact is under eighteen years of age.
(Ord. No. 94275. Passed 5-11-31)
No person, firm, club, society or corporation conducting a public dance or public dance hall or any agent or employee of such person, firm, club, society or corporation shall:
(a) Permit any known prostitute, male or female procurer or vagrant to be present at any public dance or public dance hall;
(b) Permit on the public dance hall premises any person having in his possession or being under the influence of, selling or offering for sale, giving away, or drinking any intoxicating liquors or drugs;
(c) Permit idlers, loiterers or other hangers-on to be on or about the dance hall premises;
(d) Permit smoking except in rooms reserved for smoking or in a restaurant or dining room when seated at a table;
(e) Permit gambling in any form on the premises;
(f) Permit men to enter the ladies' room or parlor;
(g) Permit persons to indulge in dancing that is vulgar, suggestive or immoral;
(h) Permit moonlight dances unless there is sufficient light in the dance hall so that the patrons can be easily seen;
(i) Permit or employ any instructor under the age of twenty-one years to give instructions in dancing to persons of the opposite sex;
(j) Discriminate between sexes by offering free admission to either sex as inducement to stimulate attendance;
(k) Permit endurance dancing contests commonly known as marathon dances;
(l) Permit dancing in restaurants with persons seated at different tables;
(m) Permit any cabaret or other similar entertainment in a restaurant wherein any entertainers shall perform their acts by mingling with the audience or traveling about among them.
(Ord. No. 101423. Passed 4-16-34)
No person, firm, society, club, or corporation shall hold a public dance or public ball in any licensed dance hall within the limits of the City without having first obtained a permit from the Director of Public Safety. Application for the permit must be made at least two days before the dance authorized is to be held. The fees for the permits shall be as follows:
| Floor Space (sq. ft.) | Fee |
| Less than 2,500 | $20.00 |
| 2,500 to 6,500 | $30.00 |
| Over 6,500 | $40.00 |
No permit shall be required from the owner of a duly licensed hall, when the owner personally conducts the dance.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
The Inspector of Dance Halls shall have authority to see that the provisions of all ordinances in any way regulating or controlling public dances or dance halls in the City are observed and enforced. The duties of the Inspector shall be to examine all applicants for dance hall licenses and permits. He shall investigate each application to determine whether or not the dance hall sought to be licensed complies with the regulations, ordinances and laws applicable thereto. In the making of such investigation, he shall, when he so requests, have the assistance of the Commissioner of Building, the Commissioner of Health, and the Chief of the Division of Fire. Such Inspector of Dance Halls shall furnish to the Commissioner of Assessments and Licenses, in writing, the information derived from such investigation, accompanied by his recommendation as to whether a license should be granted or refused. The Inspector of Dance Halls, or any officer detailed by him, shall be permitted to have access to all public dance halls at all times. He shall investigate complaints and shall inspect at intervals the dance halls within the City and shall report all violations in writing. The Inspector of Dance Halls, with the approval of the Director of Public Safety, shall from time to time formulate rules and regulations not inconsistent with this chapter or any other ordinance governing the conduct of patrons of public dances, stating what dances are permitted and what dances are forbidden, together with correct position to be assumed by dancers, a copy of which rules and regulations shall be printed in large type and posted at a conspicuous place in any dance hall used for public dances.
Members of the Division of Police under the supervision of the Chief of Police and the Inspector of Dance Halls shall have access at all times to the public dance halls and public dances. Officers and patrolmen of such Division may be detailed to investigate all complaints and supervise such public dances, and when so detailed shall visit such halls and dances and report any and all violations. Such report or reports shall be turned over to their superior officers who shall forthwith submit them to the Inspector of Dance Halls.
The Inspector of Dance Halls, or the Chief of Police, shall have power and shall close or cause to be vacated any academy, room, dance hall, place or restaurant where any public dance is held or being given, whenever any rule or regulation, or any provision of any ordinance regulating public dances or public dance halls is being violated pending action by the Commissioner of Assessments and Licenses.
(Ord. No. 94275. Passed 5-11-31)
No owner, tenant, keeper, proprietor or other person in the interest of such owner, tenant, keeper or proprietor, or any lessee of any such person or corporation shall hold or permit to be held or operated a dance, entertainment, musical concert or public meeting hall where people congregate within 150 feet of any school building, hospital or church. However, the Director of Public Safety, when satisfied that the holding of a dance, entertainment, musical concert or public meeting will not constitute a public nuisance by the creation of unnecessary and unseemly noise, may issue a permit for any such use upon application therefor. Notice of the application for any permit hereunder shall be given to the hospital, school or church authorities within sufficient time to permit the filing of objections to the issuance of such permit. Upon the receipt of such objections, the Director shall proceed to hold a hearing upon the question of the issuance of a permit for the holding of such dance, entertainment, musical concert or public meeting, and if satisfied that the same will not constitute a public nuisance by the creation of unnecessary and unseemly noise, may issue such permit. The Director is hereby authorized to impose such conditions upon the issuance of such permit as he deems necessary for the prevention of unnecessary and unseemly noise. Such permit shall be in addition to but not in substitution for any other permit or license required for the holding of such dance, entertainment, musical concert or public meeting and no such other permit or license shall be issued except subsequent to the issuance of the permit herein provided for.
(Ord. No. 1328-40. Passed 9-24-41)
In case of a refusal by the Director of Public Safety to issue the permit as provided for in Section 690.12 or the issuance of such permit over the objection of the hospital, church or school authorities, the applicant or objecting authority as the case may be, may appeal from such action to the Board of Zoning Appeals, established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Board within ten days after the making of the order granting or refusing such permit. Such Board shall fix the time for the hearing of such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard and the Board shall approve, modify or annul such order from which the appeal has been perfected and the finding of such Board shall be conclusive on all parties thereto.
(Ord. No. 1328-40. Passed 9-24-41)
(a) Any person, firm, society, club or corporation who violates any of the provisions of this chapter for which no other penalty is provided, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00), or imprisoned for not more than sixty days, or both, and shall stand committed until such fine is paid or sentence served, or until otherwise discharged by due process of law. (Ord. No. 94275. Passed 5-11-31)
(b) Whoever violates Section 690.12 shall, for the first offense, be fined one dollar ($1.00), or imprisoned for one day; for the second offense within one year from the commission of the first offense be fined two dollars ($2.00), or imprisoned for two days; for a third offense within one year from the commission of the first offense, be fined four dollars ($4.00), or imprisoned for four days; for the fourth offense and all subsequent offenses within one year from the commission of the first offense, be fined ten dollars ($10.00), or imprisoned for ten days, or both.
(Ord. No. 1328-40. Passed 9-24-41)