DIVISION 2. - PERMIT


Sec. 5-40. - Required.

It shall be unlawful for any person to operate, or cause to be operated, a public dance hall or teenage dance club in the city, unless such person has an unrevoked permit issued pursuant to this division.

(Ord. No. 951; Ord. No. 2149; Code 1961, § 13-11)

State law reference— Authority to require permit for operation of dance hall, Code of Virginia, § 15.2-912.3.

Sec. 5-41. - Prerequisite to issuance of license for teenage dance club.

No license shall be issued by the commissioner of the revenue for the operation of a teenage dance club in the city, unless and until the permit provided for in this division has been issued.

(Ord. No. 951; Ord. No. 2149; Code 1961, § 13-6)

Sec. 5-42. - Filing and contents of application.

Any person desiring to obtain a permit for the operation of a public dance hall or a teenage dance club in the city shall make written application therefor to the city council. Such application shall contain the following information:

(1)

The place where the proposed dance hall or teenage dance club is to be located.

(2)

The name and address of any person who is or who will be an owner, operator or manager of such dance hall or teenage dance club, together with the name and address of any person having a financial interest in such dance hall or teenage dance club, including stockholders, lienholders or partners.

(3)

If the owner or operator of the dance hall or teenage dance club in question is a corporation, then such application shall set forth the true or equitable owners of the stock of such corporation.

(4)

A statement as to the type of food or drink to be offered and the facilities to be provided for the preparation and service thereof.

(5)

A financial statement of each person having a financial interest in the dance hall or teenage dance club.

(6)

The amount of off-street parking space available for patrons.

(Ord. No. 951; Ord. No. 2149; Code 1961, § 13-7)

Sec. 5-43. - Council hearing on application; issuance or denial.

Upon the filing of an application for a permit under this division, the city council may hear statements and receive evidence as to the suitability of the location of the proposed dance hall or teenage dance club, preference being given to ground floor locations; the suitability and adequacy of the facilities; and the fitness and financial responsibility of the person who will own, manage or conduct the dance hall or club. Pursuant to such hearing, the council shall, by record vote, grant or refuse the permit; provided, however, that no such permit shall be issued unless it shall appear that all persons having a financial interest in, or connected with the management or operation of such dance hall or teenage dance club, including stockholders and lienholders, are of good reputation and are otherwise acceptable to the council.

(Ord. No. 951; Ord. No. 1075, § 1; Ord. No. 2149; Code 1961, §§ 13-6.1, 13-8; Ord. No. 2610-79)

Sec. 5-44. - Procuring by fraud or false representations.

It shall be unlawful for any person to procure, by fraud or false representations of facts, a permit for the operation of a public dance hall or teenage dance club in the city.

(Ord. No. 951; Ord. No. 2149; Code 1961, § 13-9)

Sec. 5-45. - Transfer.

A permit for the operation of a public dance hall or teenage dance club shall not be transferable, without the approval of the city council.

(Ord. No. 951; Ord. No. 2149; Code 1961, § 13-13)

Sec. 5-46. - Revocation.

Upon the violation of any of the provisions of this article, the city council shall have the right, in addition to any other remedies allowed by law, to revoke any permit granted under this division, after due hearing and upon not less than five (5) days' notice in writing to the permittee, such notice to be sent by registered letter or certified mail to the address given by the permittee when applying for such permit.

(Ord. No. 951; Ord. No. 2149; Code 1961, § 13-10)

State law reference— Authority to provide for revocation of dance hall permit, Code of Virginia, § 15.2-912.3.