EXECUTIVE SUMMARY





Dance Hall Permit




Application request for a dance hall permit





Messrs. Tucker, Foley, Davis, Schlothauer, Lowry


AGENDA DATE:                      

April 7, 2004


ACTION:                                     INFORMATION:   



 ACTION:        X                         INFORMATION:   








The attached application (Attachment A) was received requesting a dance hall permit for a restaurant.  The Albemarle County Code requires an applicant to obtain a dance hall permit from the Board of Supervisors before commencing operation of any dance hall.  A dance hall is defined as "any place open to the general public where dancing is permitted".  The County Zoning Ordinance stipulates that "dancing by patrons shall be considered as entertainment accessory to an eating establishment, provided the space made available for such dancing shall not be more than one-eighth (1/8) of that part of the floor area available for dining" (Attachment B)  Any dance floor occupying more floor space is permitted only by special use permit.




Applications for dance hall permits must contain certification from the fire marshal and building official that the dance hall is in conformity with applicable provisions of the Fire Prevention Code and the Virginia Statewide Building Code.  Dance halls also are subject to all requirements of the county zoning ordinance.   Upon proper application and confirmation of these certifications, the Board has no discretion to deny the permit.  The County Code makes no provision for an approval being subject to conditions.  The primary restriction on dance halls is that it is unlawful for any dance hall to allow any person under the age of eighteen to enter or remain in a dance hall while dancing is being conducted there unless that person is accompanied by a parent or legal guardian, or by a spouse, brother, or sister over the age of eighteen.


Attachment C is the certification from the Fire/Rescue Department demonstrating the applicant's compliance with the Fire Prevention Code.  Attachment D is from the Department of Building Code and Zoning Services stipulating that the establishment is in conformance with the Virginia Uniform Statewide Building.   A Certificate of Occupancy from the Building Official has been issued. 




Since the applicant has received the necessary approvals to operate a dance hall by right as defined above, staff recommends approving the request for a dance hall permit from EL RAY del TACO.


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