Chapter 111: Business Amusements

CHAPTER 111: BUSINESS AMUSEMENTS

Section

General Provisions

111.01Carnivals

Poolrooms

111.10Reserved

111.11Poolroom operator’s application

111.12Reserved

111.13Presence of minors in poolroom

111.14Exemptions

Public Dances

111.25Definition

111.26Public dance halls prohibited

111.27Permit required

111.28Application; contents

111.29Investigation and report

111.30Action by City Council

111.31Revocation of permit

111.32Booths and lighting

111.33Music

111.34Hours of termination

111.35Exemptions

GENERAL PROVISIONS

§ 111.01CARNIVALS.

Carnivals located within the corporate limits of the city may be permitted according to the terms and conditions of a special event permit as defined in the Roanoke Rapids Land Use Ordinance. (Am. Ord. -- ) Penalty, see § 10.99

POOLROOMS

§ 111.10RESERVED.

§ 111.11POOLROOM OPERATOR’S APPLICATION.

Upon written application, any person over 21 years old and of whose qualifications the City Council approved in a meeting duly assembled, may open, maintain and operate a billiard or poolroom within the corporate limits of the city after first paying the required license or privilege tax therefor and upon complying with the rules and regulations governing billiard or poolrooms herein set out and hereafter prescribed and promulgated by the City Council.(’75 Code, § 3-15)

§ 111.12RESERVED.

§ 111.13PRESENCE OF MINORS IN POOLROOM.

(A) Minors under 18 years of age. Except as otherwise provided in this section, it shall be unlawful for any person owning, managing or operating a billiard room to allow any minor under the age of 18 years to enter the billiard room except for the transaction of business. It shall be unlawful for any such minor who is in a billiard room for the transaction of business to remain therein after the business has been transacted, and it shall be unlawful for the owner, manager or operator of the billiard room to allow such minor to thereafter remain in the billiard room.

(B) Minors between 16 and 18, and under 16 years of age.

(1) Any person owning, managing or operating a billiard room may, in his discretion, allow minors between the ages of 16 and 18 years to play or watch the play of billiards in the billiard room when:

(a) No alcoholic beverage is sold or consumed in the billiard room or in any other area or place accessible from the billiard room;

(b) The interior of the billiard room is lighted throughout at a level of 40 footcandles;

(d) No window in the billiard room is permanently covered or otherwise obstructed. The minor shall be solely responsible for establishing his or her age. Unless the foregoing provisions of this section are complied with, it shall be unlawful for any person owning, managing or operating a billiard room to permit any minor between the ages of 16 and 18 years to enter the billiard room.

(2) Any person owning, managing or operating a billiard room may, in his discretion, allow minors under the age of 16 years to play or watch the play of billiards in a billiard room under the same conditions and circumstances minors between the ages of 16 and 18 years are allowed to play or watch the play of billiards in a billiard room when each minor is accompanied by one of his or her parents or person in loco parentis or legal guardian. The person accompanying a minor under the age of 16 years shall be solely responsible for establishing the age of the minor and the relationship of the minor to such person. Unless the foregoing provisions of this division are complied with, it shall be unlawful for any person owning, managing or operating a billiard room to permit any minor under the age of 16 years to enter the billiard room.

(3) It shall be unlawful for any person to accompany a minor under the age of 16 years in a billiard room unless such person is a parent or person in loco parentis or legal guardian of the minor. It shall be unlawful for a parent, person in loco parentis or legal guardian to permit his or her child who is under the age of 16 years to enter a billiard room unless the child is accompanied by such parent, person or guardian. It shall be unlawful for a parent, person in loco parentis or legal guardian, having accompanied his or her child in a billiard room, to leave the billiard room without the child. It shall be unlawful for any minor who is under the age of 16 years to enter a billiard room without one of his or her parents or the person in loco parentis of the minor or the minor’s legal guardian. It shall be unlawful for any person owning, managing or operating a billboard room to knowingly permit any person to violate the provisions of this division. (’75 Code, § 3-17) Penalty, see § 10.99

§ 111.14EXEMPTIONS.

The provisions of §§ 111.11 through 111.13 shall not apply to single coin-operated pool tables located in only one location where no alcoholic beverages are sold. (’75 Code, § 3-18)

PUBLIC DANCES

§ 111.25DEFINITION.

For the purpose of this subchapter, Public Dance shall mean any form of entertainment or amusement at which dancing is permitted and the privilege of dancing is dependent upon the payment of a paid admission, cover charge, minimum charge or any other payment of money or thing of value.(’75 Code, § 3-2)

§ 111.26PUBLIC DANCE HALLS PROHIBITED.

It shall be unlawful for any person to operate any public dance hall in the city.(’75 Code, § 3-3) Penalty, see § 10.99

§ 111.27PERMIT REQUIRED.

Except as provided in this subchapter, it shall be unlawful for any person to have, hold or conduct a public dance within the city unless and until a permit therefor has been granted by the City Council as provided in this subchapter. (’75 Code, § 3-4) Penalty, see § 10.99

§ 111.28APPLICATION; CONTENTS.

(A) Applicants for a permit under this subchapter shall file with the City Manager a sworn application in writing addressed to the City Council on a form to be furnished by the City Manager, which form shall require, but not be limited to the following information:

(1) Name and address of applicant;

(2) Address of dance hall and the date and time that dancing will be permitted at such address;

(3) The charge that is to be made for the privilege of dancing or admission at such time and place;

(4) A statement as to whether the applicant has been convicted of any crime or charged with the violation of any crime involving moral turpitude or the violation of any laws or ordinances involving the sale or consumption of drugs or alcoholic beverages, and if so, a detailed statement of the nature and disposition of the charges;

(5) A statement that the applicant will furnish the City Manager with such additional information pertaining to the applicant and application as may be requested by the City Manager.

(B) Such application shall be filed with the City Manager at least two weeks prior to the regular meeting of the City Council preceding the date on which the proposed public dance is to be had, held or conducted, and such application at the time of the filing with the City Manager shall be accompanied by the payment of a $10 fee to defray the cost of investigating the application or issuing the permit, and such fee shall be retained by the city regardless of whether or not a permit is issued pursuant to this subchapter.(’75 Code, § 3-5)

§ 111.29INVESTIGATION AND REPORT.

(A) The City Manager shall make or cause to be made an investigation of the applicant and application, which shall include but shall not be limited to the character and morals of the person or persons requesting such permit and the entertainers or orchestra who propose to perform at the public dance for which a permit is sought. The City Manager shall also require that the premises on which the public dance is proposed to be held or conducted be inspected by the Fire Chief for compliance with all local and state fire laws, the Building Inspector for compliance with state building code regulations; and the appropriate county health officials regarding the availability and condition of restroom facilities of the premises.

(B) The City Manager shall present the application with a report of his investigation to the City Council at the next meeting of the City Council prior to the date on which the public dance is proposed to be had, held or conducted. The report of the investigation of the City Manager may be written or oral in his discretion; provided, however, if the application for the permit is subsequently denied by the City Council, the report of the City Manager shall be recorded in the minutes of the meeting.(’75 Code, § 3-6)

§ 111.30ACTION BY CITY COUNCIL.

(A) Upon receiving the application and report of the City Manager as hereinabove provided, the City Council shall review the same. Unless the City Council finds as a fact that the granting of the permit will be contrary to the health, safety, welfare or morals of the residents of the city, the permit shall be granted; otherwise, it shall be denied; provided, however, that if the application for a permit is denied, the City Council shall cause to be recorded in the minutes of the meeting the facts found by it supporting its decision that the granting of the permit would be contrary to the health, safety, welfare or morals of the residents of the city.

(B) The granting of the permit by the City Council may be conditioned upon the following:

(1) That the applicant make a payment of $2.50 for the permit, which shall be issued by the City Clerk.

(2) That the applicant furnish adequate police protection, as recommended by the Chief of Police, and the payment of such fees as may be necessary to hire such personnel, approved by the Chief of Police, as the Chief of Police deems necessary to supervise and maintain law and order and public safety at such dance.

(3) Such other reasonable conditions as may be imposed by the city for the protection of the health, safety, welfare or morals of the residents of the city. (’75 Code, § 3-7)

§ 111.31REVOCATION OF PERMIT.

Any person operating a public dance in violation of this subchapter shall be subject to having the permit for such dance revoked by the City Council. Such permit may be revoked by the Chief of Police, Police Lieutenant or Police Duty Officer after the owner or operator has been notified by such officer that the dance is not being properly operated in accordance with the terms and provisions of this subchapter. (’75 Code, § 3-8)

§ 111.32BOOTHS AND LIGHTING.

Booths for patrons shall be so designed and arranged and the lighting in such dance hall shall be installed and operated at all times in a manner that permits the conduct of patrons to be readily observed by police officers upon their initial entry into such dance hall.(’75 Code, § 3-9) Penalty, see § 10.99

§ 111.33MUSIC.

Music machines, orchestras or any other devices producing music for dancing shall not be played in such a manner or at such times during the day or night so as to cause a public nuisance. All such dances and amusements shall comply with all other ordinances of the city regarding the hours and days during which the playing of loud music is prohibited. (’75 Code, § 3-10) Penalty, see § 10.99

§ 111.34HOURS OF TERMINATION.

All dances had, held or conducted pursuant to permits issued under this subchapter shall terminate on or prior to the following hours:

(A) 1:00 a.m. on Monday through Friday;

(B) 12:00 midnight on Saturday.

§ 111.35EXEMPTIONS.

The provisions of this subchapter shall not apply to a dance which is sponsored by and held on the premises of a bona fide private club for which admission is governed by membership including the payment of dues, nor shall they apply to dances conducted by Grade “A” restaurants when conducted in a private room if such restaurant has a seating capacity for 100 or more persons. Except as hereinafter provided, the provisions of this subchapter shall not apply to dances or other amusements actually promoted and managed by any bona fide civic, patriotic or fraternal club, church, private or public school, or any other charitable organization where the net proceeds derived from the same are used exclusively for such civic, patriotic or fraternal club, school or organization and the charitable purposes of such organization; provided, however, that the mere sponsorship of a dance or other amusement by such civic, patriotic or fraternal club, school or other organization shall not be deemed to exempt such dance or other amusement as provided in this section, but the exemption shall apply only when the dance or amusement is actually managed and conducted by such civic, patriotic or fraternal club, school or other organization and the proceeds are used as hereinbefore required; and provided further that such civic, patriotic or fraternal club, school or organization shall apply to the City Manager and secure a charity permit, which shall show upon its face that the applicant is exempt from this subchapter.(’75 Code, § 3-12)