Newark Municipal Code Ch. 5.28 Public Dances

"Public dance" means a gathering of persons, consisting of four or more couples, in or upon any premises where dancing is participated in either as the main purpose for such gathering or as an incident to some other purpose, and to which premises the public is admitted.

(Ord. 100 § 1, 1966)

It is unlawful for any person to permit or allow or provide premises for the opening, conducting or carrying on of a public dance unless there exists a valid permit for the premises thereof, granted by the chief of police and existing in compliance with the provisions of this chapter. The permit required by this chapter shall be an annual permit and shall not be transferable. The permit granted by this chapter shall expire on the thirty-first day of December of the year granted. There shall be no proration of the permit fee provided in Section 5.24.030.

(Ord. 100 § 2, 1956)

No permit shall be issued unless a written application, verified by the owner of the premises or lessee thereof, if any, has been presented to the chief of police, accompanied by a permit fee of ten dollars, no part of which shall be refundable five days prior to the date on which the dance is to be held, in which the following facts are set forth:

A. The name and residence of the applicant or applicants, owner, and lessee, if any. If any applicant is a partnership, the names and residences of the partners. If any applicant is an association, the names and residences of the officers; and if any applicant is a corporation, the names and residences of the officers and directors;

B. The particular place for which the permit is desired, or at which any dance is to be, or dances are to be held;

C. The written consent of the owner, if the lessee is the applicant of the place or premises in or at which the dance is to be held;

D. The number and date of dances to be held under the permit;

E. A sketch or outline, with approximate measurements, showing the location and size of the dance area with respect to any counter or bar, or stools in connection therewith, and showing the size of the dance area;

F. The name and residence of the proprietor, operator, or other person in charge, if other than the lessee or owner.

(Ord. 100 § 5, 1966)

The chief of police must first satisfy himself that the conduct of such public dance will be in keeping with the public welfare, and for this purpose may consider any facts or evidence bearing on the place where the proposed public dance is to be located, the character, reputation and moral fitness of those who will be in charge of it and any other facts or evidence tending to enlighten the chief of police. The chief of police shall impose such conditions on the permit as in his opinion are necessary for the protection of the public peace, health, safety, and the general welfare, including such additional police protection as may be required to be provided and paid for by the permittee for the purpose of enforcing this chapter.

(Ord. 100 § 6, 1966)

If the chief of police sees fit to grant a permit, he shall issue a permit pursuant to this chapter to the applicant for the permit for the dance or dances to be held at the place or places named in the application, upon satisfactory proof of the existence of a valid business license as required by the city.

(Ord. 100 § 7, 1966)

Permits issued under this chapter may not be assigned, transferred or loaned and shall contain a statement that such permit is subject to revocation and the premises therein are subject to closing.

(Ord. 100 § 12, 1966)

A copy of the ordinance codified in this chapter and the permit shall be posted in a conspicuous place on the premises where the dancing is being conducted at all times during the continuance of such dancing.

(Ord. 100 § 14, 1966)

If the chief of police finds that the conduct of such public dance does not or will not be in keeping with the public welfare for any reason or that the same has been conducted in an illegal, improper or disorderly manner, the chief of police may revoke the permit at any time.

(Ord. 100 § 8, 1966)

Any person whose permit is revoked or whose premises are closed by the chief of police or his deputies may appeal such revocation or closing to the city manager. Such appeal must be made in writing within five days after the revocation or closing and the appellant shall set forth all of the facts upon which it is claimed that the revocation or closing was improper. The city manager shall set the matter for hearing and he shall give notice of time and place of such hearing to the appellant. Any person aggrieved of the decision of the city manager may appeal to the city council upon payment of a ten dollar fee for appeal and the city council shall hear the matter within thirty days of the date of the filing of the appeal. The city council may continue the matter for further hearing or may affirm, modify or reverse the revocation or closing and its decision shall be final and conclusive.

(Ord. 100 § 9, 1966)

It is unlawful for any person conducting any public dance, or any agent, employee or representative of any such person to violate or permit the violation of any of the following regulations:

A. The premises on which any public dancing is being conducted shall be well lighted. "Well lighted" means no less than one foot-candle at floor level.

B. Conduct or dancing resulting in exposures prohibited in Chapter 9.24 of this code, regulating the exposure of certain parts of the body by any participant in live acts or exhibitions, or any waiter, waitress, or entertainer in specified establishments or places, shall not be permitted.

C. No dancing shall be permitted between the hours of two a.m. and six a.m. next ensuing, unless special permission is given by the city council.

D. No person under the influence of intoxicating liquor or narcotics shall be admitted or permitted to remain in or upon the premises.

E. At all times during the holding of any dance, all doors leading from or opening into the place where the dance is held, are to remain unlocked, unbarred or unfastened.

(Ord. 100.1 § 1, 1979; Ord. 100 § 11, 1966)

Floor space must be of sufficient size. No permit shall be issued under this chapter for the conduct of any public dance at any establishment having less than one hundred twenty square feet of dance floor set aside for dancing, or having a dance floor within four and one-half feet of any counter or bar, or stools in connection therewith.

(Ord. 100 § 4, 1966)

No permit shall be required for a school dance duly authorized by the school officials on school premises.

(Ord. 100 § 3, 1966)

The chief of police or any of his deputies will have the power to stop any public dance or close any premises for which a permit is issued under this chapter for disturbing the peace, disorderly conduct, obscene or indecent behavior, or for violation of any law or ordinance.

(Ord. 100 § 13, 1966)

In a trial for a violation of any of the provisions of this chapter, it shall be presumed that the owner, proprietor, operator, lessee or other person in charge of the premises upon which a public dance occurs has knowledge of the occurrence of such public dance and all conduct occurring on such premises. This shall be a rebut-table presumption.

(Ord. 100 § 15, 1966)

The violation of any of the provisions of this chapter shall also be deemed a nuisance. Civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the appropriate legal officers of the city upon complaint of the chief of police.

(Ord. 100 § 17, 1966)

It is unlawful for the holder of a permit issued under this chapter or for any officer, agent or employee of the holder, to violate or permit the violation of any of the rules or regulations, or any part thereof, contained in this chapter, or included in the terms of the permit, or in connection with any public dance held under the permit.

(Ord. 100 § 10, 1966)

Any person who violates any of the provisions of this chapter or who causes, permits or suffers the same to be done is guilty of a misdemeanor, where no other penalty is provided, and upon conviction thereof, such person shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Each day's violation is a separate offense.

(Ord. 100 § 16, 1966)