The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section except where the context clearly indicates that a different meaning is intended:

1. Dance hall means any room, place, building, or structure which is open to the public in general or only to private membership by admission charge, dues, fees, or other consideration, which is primarily and predominately devoted to dancing, but not necessarily used exclusively for such purposes.
2. Youth dance means a designated period of dancing or related activity which is represented or advertised to be designed or dedicated predominately to patronage by persons under the age of 21 years.

1. Dance Hall License. No person, either as owner, lessee, manager, officer, or agent, or in any other capacity shall operate or permit to be operated a dance hall without having first obtained a license to do so.
2. Supplemental Youth Dance License. No person, either as owner, lessee, manager, officer, or agent, or in any other capacity shall operate or permit to be operated on premises licensed as a dance hall, a youth dance without having first obtained a Supplemental Youth Dance License.

Penalty, see § 119.14

1. No Dance Hall License shall be required for an establishment which holds a current and valid liquor license pursuant to Chapter 112 of this Code.
2. No Dance Hall License shall be required for an establishment which is primarily and predominantly devoted to dance instruction and held out as such with use limited to paying students.
3. No Dance Hall License or Supplemental Youth Dance License shall be required for a youth dance sponsored by a public or private school for a school related activity.

§ 119.04 Contents of Application.

An application for a Dance Hall License or Supplemental Youth Dance License required by this Chapter shall be made in writing to the City Clerk which shall set forth the following:

1. The name of the individual, partnership, corporation, association, or other entity applying for the license.
2. The residence, phone number, and driver's license number of the applicant or partners; or, if a corporation or association, the residence, phone number, and driver's license number of the officers, directors, and principal shareholders and parties in interest, who own 5 percent or more of the shares or ownership interests in the entity.
3. The address and legal description of the location for which the license is requested, including a scale drawing of the premises clearly indicating all areas within or adjoining the building or structure which are to be used in connection with the dance hall activities or are accessible from it, including off-street parking.
4. The type of license requested.
5. The seating capacity and price of admission intended to be charged.
6. Whether the applicant, officers, partners, directors, or the principal shareholders or parties in interest of the corporation or association or the corporation or association itself have been convicted of a criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction, and, if so, a list of such convictions with date and prosecuting jurisdiction.
7. In the case of a Supplemental Youth Dance License the following additional information must be provided:

1. The method by which age identification shall be established.
2. The method by which security shall be provided both inside and outside of the dance hall.
3. The method by which youth shall be supervised in and about the premises.
4. Residence, phone number, driver's license number of all employees or persons who will be utilized to provide supervision in connection with such youth dance; excepting, however, security personnel who are licensed by the State Department of Education and Registration or who are commissioned peace officers.

§ 119.05 Fees.

1. The applicant applying for a Dance Hall License shall pay the City Treasurer prior to filing an application, a fee of $50.00 per year or part thereof. Should the application be denied, the license fee shall be refunded to the applicant.
2. The fee for a Supplemental Youth Dance License shall be $30.00 per night or $300.00 per year. Any licensee holding ten youth dances in any one calendar year shall be deemed to have paid for a yearly Supplemental Youth Dance License which may be issued upon approval of the application.

Upon receipt of an application for a Dance Hall License or a Supplemental Youth Dance License, the City Administrator shall cause a copy of the application to be sent to the Police Department and Planning and Zoning Department, which shall report back to the City Administrator or his designee within 15 days whether the location for which the license is sought meets applicable city codes and whether the applicant meets the requirement for issuance of the license requested.

Upon receipt of the report from the departments referred to in Section 119.06, the City Administrator shall direct the City Clerk to issue the license requested unless the City Administrator shall find:

1. That the applicant is under the age of 18;
2. That the applicant, or any officers, partners, directors, or principal shareholders or parties in interest therein have been convicted of any obscenity offense relating to an amusement-type activity, any gambling related offense, or an offense relating to the violation of the laws or ordinances controlling the sale of alcoholic liquor;
3. That the operation of the dance hall or youth dance as proposed would not comply with all applicable laws, including, but not limited to, building, health, zoning, and fire codes of the City;
4. That the applicant, or any officers, partners, directors, or the principal shareholders or parties in interest therein have held a license or had an interest in a license issued pursuant to this Chapter that was revoked for cause;
5. In the case of a Supplemental Youth Dance License, that the applicant, or any officers, partners, directors, or the principal shareholders or parties in interest have been convicted of any offense against children or have been declared a sexually dangerous person pursuant to the laws of the state or any similar law of the United States or of any other state;
6. The premises for which a Supplemental Youth Dance License is requested, including required off-street parking, is within 500 feet of any R-1A, R-1, or R-2 zoning district as defined in the Zoning Code of the City or any school; or
7. The methods proposed for age identification, security, or supervision pursuant to Section 119.04 (G) are insufficient.

Every license issued under the provisions of this Chapter shall, at all times during the period for which it is effective, be posted in a conspicuous place at or near the principal entrance to the premises for which the license is issued.

Penalty, see § 119.14

1. Any Dance Hall License or Supplemental Youth Dance License may be revolted or suspended for a period not to exceed 30 days by the City Administrator if the City Administrator shall find after a hearing:

1. That the licensee, or any of its employees, officers, agents, or representatives, has violated any of the provisions of this Chapter, the laws of Illinois, or ordinances of the City at the licensed location;
2. That the licensee, or any of its officers, directors, or principal shareholders have been convicted of any offense set forth in Section 119.07 (B) or 119.07 (E);
3. The licensee has knowingly furnished false or misleading information or withheld relevant information on any application for a license required by Section 119.04 or any investigation into any such application.

2. The licensee shall be responsible for the acts of its agents, servants, and employees in the operation of any licensed establishment. Prior to holding a hearing concerning the question of whether a license issued pursuant to this Chapter shall be revoked or suspended, the City Administrator shall give at least a ten days' written notice to the licensee setting forth the alleged violations specifically. Notice shall be deemed given when deposited in the United States mail, postage prepaid, and addressed to licensee at the address provided by licensee in its application. The licensee may present evidence at such hearing and cross-examine witnesses. In lieu of or in addition to a suspension of a Supplemental Youth Dance License, the City Administrator may after a hearing impose additional operating conditions as set forth in Section 119.13 (F).

It shall be unlawful for the holder of a Dance Hall License to permit persons under the age of eighteen (18) years on the premises of a dance hall, unless accompanied by a parent or legal guardian, or unless attending a youth dance for which a Supplemental Youth Dance License has been issued, and where youth dance restrictions as set forth in this Chapter are in effect.

Penalty, see § 119.14

1. Each licensee and each of its agents and employees shall promptly report to the Police Department of the City any incident occurring on or about the licensed premises relating to the commission or suspected commission of any crime, including, but not limited to, any violation of this Chapter, any violation of ordinances or laws concerning the sale, possession, or consumption of alcoholic liquor, any violation of ordinances or laws concerning the sale of controlled substances or cannabis, any violation of laws concerning the abduction or the physical or sexual abuse of children, or any fights, assaults or batteries, and shall truthfully and fully answer all questions and investigations of any identified police officer who makes inquiry concerning any persons in or about the licensed premises, and cooperate fully in any such investigation, including the giving of any oral or written statements at such reasonable times and in such reasonable locations to any police officer engaged in such investigation.
2. Each licensee shall maintain on each licensed premises not less than one telephone in operating order, which phone must be easily accessible to the responsible person in charge of the premises and to other employees on the premises at all times for the purpose of conveniently reporting to the Police Department incidents occurring on or about the licensed premises.
3. If a disturbance occurs on or about the licensed premises during the hours of operation which in the judgment of the Chief of Police or the ranking command officer of the Police Department on duty creates an imminent danger to lives or property, the Chief or ranking command officer may, if in his professional judgment it is reasonably necessary in order to restore order and protect lives and property, order the licensed establishment to close its business for such period of time as is reasonably necessary, but not later than the next business day, and may order all patrons to leave the licensed premises immediately.

Penalty, see § 119.14

No licensee or any officer, associate, member, representative, agent, or employee of such licensee shall engage in any activity or conduct or suffer or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by an ordinance of the City or law of the State of Illinois or the United States.

Penalty, see § 119.14

During any youth dance conducted on the licensed premises, the following restrictions shall apply:

1. Other than parents or supervisors, no one other than youth not younger than 14 years and not older than 20 years shall be allowed in the establishment.
2. All other provisions and requirements of this Code and the state law relating to curfew and to the operation of a licensed dance hall shall remain in effect.
3. The licensee shall notify the Police Department of any date for a youth dance at least seven (7) days prior to the date of the event.
4. A licensee shall take all such reasonable precautions including, but not limited to, erection of acoustical or other barriers and providing supervisory or security personnel to adequately prevent the unreasonable disturbance of the peace and tranquility of the neighborhood and the free and unencumbered access of the general public to street, sidewalks, and public areas in and around the licensed premises.
5. All youth dances shall end no later than 10:30 p.m. on Sunday through Thursday, and no later than 11:30 p.m. on Friday and Saturday.
6. Additional written operating conditions consistent with this Chapter may be imposed by the City Administrator for the supplemental license, which conditions will be deemed to be with the agreement of the licensee and made a part of the license, if such Supplemental Youth Dance License is granted and accepted.

Penalty, see § 119.14

Any person who shall violate any of the provisions of this Chapter shall, upon conviction, be subject to a fine of not more than seven hundred fifty dollars ($750.00).

(Ord. 2236, passed 6-5-00)