Attachment A

 

Draft: May 12, 2004

 

ORDINANCE NO. 04-12(1)

 

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 12, REGULATED ENTERPRISES, ARTICLE II, AMUSEMENTS, DIVISION I, DANCE HALLS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 12, Regulated Enterprises, Article II, Amusements, Division I, Dance Halls, is hereby amended and reordained as follows:

 

By Amending:

Section 12-201 Permits-Required; applications

Section 12-202  Revocation of permit

 

CHAPTER 2.  REGULATED ENTERPRISES

 

ARTICLE II.  AMUSEMENTS

 

DIVISION 1.  DANCE HALLS

 

State law reference--authority to adopt article, see Va. Code §§ 18.2-432, 18.2-433.

 

Sec. 12-200 Dance hall defined.

 

            For the purposes of this division, the term “dance hall” means any place open to the general public where dancing is permitted.

 

(Code 1967, § 8-1; Code 1988, § 3-11; Ord. 98-A(1), 8-5-98)

 

            State law reference--Authority to codify ordinance, Va. Code § 18.2-433

 

Sec. 12-201 Permits--Required; applications.

 

            A.        It shall be unlawful for any person to operate a dance hall in the county unless such person shall have first obtained a permit from the board of supervisors county.

 

            B.         Applications for such permits shall be filed with the clerk of the board of supervisors at least two (2) weeks prior to the regular meeting of the board of supervisors at which the application is to be considered  zoning administrator.  Such applications shall contain the following information:

 

                        1.         name of the person owning the dance hall;

 

                        2.         name of the person managing the dance hall;

 

                        3.         the location of the dance hall;

 

                        4.         a statement as to whether or not alcoholic beverages are to be served on the premises of such dance hall; and

 

                        5.         certification from the building official and fire marshal that such dance hall is in conformity with applicable provisions of the Virginia Uniform Statewide Building Code and the Fire Prevention Code.

 

(4-21-76; Code 1988, § 3-12; Ord. 98-A(1), 8-5-98)

 

Sec. 12-202 Revocation of permit.

 

            Permits issued by the board of supervisors county pursuant to the provisions of this division may be revoked by the board of supervisors zoning administrator for any violation by the permittee of the

 

provisions of this division or for any false statement made on the application required by the preceding section. No such permit shall be revoked unless the permittee shall have received reasonable notice that he is entitled to a hearing before the board of supervisors zoning administrator prior to action on revocation.  Such notice shall state the time and place such hearing is to be held.

 

(Code 1988, § 3-13; Ord. 98-A(1), 8-5-98)

 

Sec. 12-203 Attendance of persons under eighteen years of age.

 

                  It shall be unlawful for any person operating a dance hall to allow any person under the age of eighteen (18) years to enter or remain in such dance hall while dancing is being conducted therein, unless such person is accompanied by a parent or legal guardian or by a spouse, brother or sister over the age of eighteen (18) years, unless such person has the written consent of such parent, legal guardian or spouse.

 

(Code 1967, § 8-2; Code 1988, § 3-14; Ord. 98-A(1), 8-5-98)

 

Sec. 12-204 Exemptions.

 

            A.        The provisions of this division shall not apply to dances conducted for benevolent or charitable purposes, or when such dances are conducted under the auspices of religious, educational, civic or military organizations.

 

            B.         The provisions of this division shall not apply to dance halls in any town in which an ordinance adopted pursuant to the provisions of Virginia Code § 18.2-433 is in effect.

 

(Code 1988, § 3-15; Ord. 98-A(1), 8-5-98)

 

Sec. 12-205 Violations; penalties.

 

            Any person violating the provisions of this division shall be guilty of a class 3 misdemeanor.

 

(Code 1988, § 3-16; Ord. 98-A(1), 8-5-98)

 

Sec. 12-206 Relation of article to zoning ordinance.

 

            In addition to the provisions of this article, dance halls shall be subject to all requirements of the county zoning ordinance.

 

(4-21-76; Code 1988, § 3-17; Ord. 98-A(1), 8-5-98)

 

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