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CITY OF RICHMOND, VIRGINIA CITY CODE ARTICLE V. DANCEHALLS, NIGHTCLUBS AND TEENAGE NIGHTCLUBS

City of Richmond, Virginia - Code - Article V

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Page 1: City of Richmond, Virginia - Code - Article V

CITY OF RICHMOND, VIRGINIA

CITY CODE

ARTICLE V. DANCEHALLS, NIGHTCLUBS ANDTEENAGE NIGHTCLUBS

Page 2: City of Richmond, Virginia - Code - Article V
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Table of Contents

Part I ARTICLE V. DANCEHALLS, NIGHTCLUBSAND TEENAGE NIGHTCLUBS 4

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1 ARTICLE V. DANCEHALLS, NIGHTCLUBS AND TEENAGENIGHTCLUBS

DIVISION 1. GENERALLY

Sec. 6-121. Definitions.

Sec. 6-122. Violations.

Sec. 6-123. Exemptions.

Sec. 6-124. Special provisions applicable to teenage nightclubs.

Sec. 6-125. Right of entry of police; enforcement.

Sec. 6-126. Entry prohibited to certain persons.

Sec. 6-127. Manager to be present during operation; required closing hours.

Secs. 6-128--6-155. Reserved.

DIVISION 2. PERMIT

Sec. 6-156. Required.

Sec. 6-157. Application.

Sec. 6-158. Grant or denial.

Sec. 6-159. Conditions and restrictions; revocation, etc.

Sec. 6-160. Transferability.

Sec. 6-161. Changes in ownership, management or location.

Sec. 6-162. Pending applications.* State Law References: Regulation of dancehalls, Code of Virginia, § 15.2-912.3.

DIVISION 1. GENERALLY

Sec. 6-121. Definitions.The following words, terms and phrases, when used in this article, shall have the meanings ascribed tothem in this section, except where the context clearly indicates a different meaning:

Chief administrative officer means the chief administrative officer or such other city employee or officer asthe chief administrative officer may designate.

Dancehall means any place open to the general public where dancing is permitted by the public and towhich an admission fee is charged or for which compensation is in any manner received, either directlyor indirectly, by cover charge, membership fee, or otherwise, or where refreshments, food or any form ofmerchandise are served for compensation before, during or after dancing. However, a restaurant licensedunder Code of Virginia, § 4.1-210 to serve food and beverages having a dance floor with an area not

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exceeding ten percent of the total floor area of the establishment shall not be considered a dancehall.

Manager means any person charged with conducting the business affairs of a dancehall, nightclub orteenage nightclub, or, in the manager’s absence during hours of operation, the person acting in themanager’s stead.

Nightclub means any place open to the general public where exhibitions, performances or other forms ofentertainment, with or without stage, are provided and to which an admission fee is charged or for whichcompensation is in any manner received, either directly or indirectly, by cover charge, membership fee,or otherwise, or where refreshments, food or any form of merchandise are served for compensationbefore, during or after the entertainment provided. For the purposes of this definition, the phrase “otherforms of entertainment” does not include television programming or recorded music provided solely asbackground entertainment that is merely ancillary to the primary business purpose of a restaurant orstore.

Person means any individual, group of individuals, corporation, partnership, association or other entityformed for the purpose of conducting business, or any combination of such.

Teenage means between and including the ages of 14 years and 17 years.

Teenage nightclub means any establishment open to teenage members of the general public and otherpersons authorized by this article where dances or dancing activities, accompanied by either recordedmusic or live entertainment, are held or undertaken for consideration, whether such consideration is bycover charge, admission fee or the sale of refreshments, food or merchandise.

(Code 1993, § 3-60; Ord. No. 2004-360-330, § 1, 12-13-2004)

Cross References: Definitions generally, § 1-2.

Sec. 6-122. Violations.(a) Any person violating any section of this article or any term, condition or restriction of a permit grantedunder this article or failing to comply with any action of the chief administrative officer pursuant to section6-159 shall be guilty of a class 3 misdemeanor. Each day of violation of any provision of this subsectionshall constitute a separate offense. In addition thereto and not in lieu thereof, any continuing violation ofany section of this article may be enjoined by the circuit court upon application of the city attorney.

(b) Neither the commencement of criminal or civil proceedings under this section nor any judgmentrendered therein shall preclude the chief administrative officer from taking action in accordance withsection 6-159.

(Code 1993, § 3-61; Ord. No. 2004-360-330, § 1, 12-13-2004)

Sec. 6-123. Exemptions.This article shall not apply to any single dance:(1) Sponsored by a school or governmental entity;(2) Held for benevolent or charitable purposes; or(3) Conducted under the auspices of a governmental, religious, educational, civic or military organization.

(Code 1993, § 3-72)

Sec. 6-124. Special provisions applicable to teenage nightclubs.(a) This section shall apply only to teenage nightclubs.

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(b) No person who has been convicted of any offense set forth in section 6-158(a)(1) shall be employedin a teenage nightclub.

(c) No teenage nightclub shall remain open after 10:00 p.m.

(d) It shall be unlawful to permit any person apparently under the influence of alcohol or a controlledsubstance to enter upon, or remain within, a teenage nightclub.

(e) No patron having exited a teenage nightclub shall be permitted to reenter the premises on the sameday.

(Code 1993, § 3-73)

Sec. 6-125. Right of entry of police; enforcement.The chief of police shall enforce this article, and for that purpose police officers may enter any dancehall,nightclub or teenage nightclub for which a permit has been granted under this article during all hours ofoperation.

(Code 1993, § 3-63)

Sec. 6-126. Entry prohibited to certain persons.(a) No person under the age of 18 years shall remain in a nightclub or dance hall after 10:00 p.m. unlesslawfully employed therein.

(b) No person 18 years of age or older who is not the parent or legal guardian of a patron shall enter, orbe permitted to enter, a teenage nightclub during hours of operation unless for purposes related to hislawful employment; and no person under the age of 14 years shall enter, or be permitted to enter, ateenage nightclub for any reason.

(c) The manager of any dance hall, nightclub or teenage nightclub shall conduct, or cause to beconducted, a positive identification check of each person seeking admittance to ensure compliance withthis section.

(d) It shall be unlawful for any person to falsely represent his or her age in order to gain admittance to adance hall, nightclub or teenage nightclub or for any person to aid, abet or assist in making such falserepresentation.

(Code 1993, § 3-64; Ord. No. 2004-175-165, § 1, 6-28-2004)

Sec. 6-127. Manager to be present during operation; required closing hours.(a) A manager, as defined in section 6-121, shall be present at a dance hall, nightclub or teenagenightclub at all times during which the establishment is in operation.

(b) No nightclub or dance hall shall remain open after 4:00 a.m.

(Code 1993, § 3-65; Ord. No. 2004-175-165, § 1, 6-28-2004)

Secs. 6-128--6-155. Reserved.

DIVISION 2. PERMIT

Sec. 6-156. Required.No person shall conduct or operate a dancehall, nightclub or teenage nightclub in the city without a valid

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permit authorizing the operation of such establishment.

(Code 1993, § 3-66)

Sec. 6-157. Application.Any person desiring to obtain a permit required by this article shall submit a written application thereforto the chief administrative officer, accompanied by a nonrefundable processing fee of $100.00. Suchapplication shall contain, or have appended to it, the information required by this section.(1) In general. As part of the application required by this section, each applicant shall be required tosubmit the following:a. The street address where the proposed dance hall, nightclub or teenage nightclub is to be located;b. The name, phone number and residence address of each individual who will have an ownershipinterest in the proposed dance hall, nightclub or teenage nightclub and, if the owner or owners will not bethe only individuals responsible for the management of the establishment, in addition thereto, the names,phone numbers and residence addresses of each individual having management authority;c. If the owner or operator is a corporation or other entity, such application shall include a copy of theentity’s articles of incorporation, articles of organization, fictitious name report or similar documentationrequired by state law and shall set forth the names, phone numbers and residence addresses of theofficers and directors of such corporation or other entity and the names, phone numbers and addressesof all persons having an ownership interest therein of ten percent or more;d. The name and address of the person who is designated to receive notices given pursuant to section 6-159.(2) Required permits. As part of the application required by this section, each applicant shall be requiredto submit copies of the following licenses and permits:a. A valid building permit for the establishment issued by the commissioner of buildings;b. A valid certificate of occupancy in the name of the applicant, issued by the commissioner of buildings;c. A valid assembly permit for the establishment in the name of the applicant issued by the fire marshal;d. For a nightclub permit or a dance hall permit, a statement of whether or not alcoholic beverages are tobe served on the premises and, if alcoholic beverages are to be served on the premises, (i) the application submitted to the Virginia Alcoholic Beverage Control Board for the establishment and (ii) avalid license issued by the Virginia Alcoholic Beverage Control Board or a writing from the boardconstituting a denial of such application; ande. A valid food operator permit and all other health permits for the establishment required by thedepartment of public health or any agency of the Commonwealth of Virginia;f. A valid business license for the establishment;g. Where the applicant is submitting a valid license issued by the Virginia Alcoholic Beverage ControlBoard, a valid city companion license issued pursuant to section 98-706.(3) Compliance with laws. As part of the application required by this section, each applicant shall berequired to submit the following:a. A statement of whether any of the individuals whose names are required to be set forth in theapplication pursuant to subdivisions (a)(2) and (a)(3) has ever applied for or had an ownership interest inany business entity which applied for a permit required by this article or a similar ordinance of any othercounty, city or town. If such statement is in the affirmative, the applicant shall give full particulars as tothe nature of the application, the date thereof, and the disposition of the application; andb. The fully executed consent forms necessary to enable the chief administrative officer to conductbackground checks sufficient to determine that the application meets the requirements of subsection 6-158(a)(1); andc. As to all persons whose names are submitted pursuant to subdivisions (a)(2) and (a)(3) above, a statement from the department of finance that all filings or taxes of any kind due the city from suchpersons are paid in full and not delinquent.

(Code 1993, § 3-67; Ord. No. 2004-175-165, § 1, 6-28-2004; Ord. No. 2004-360-330, § 1, 12-13-2004)

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Sec. 6-158. Grant or denial.(a) The permit required under this division shall be granted if it contains all of the information required bysection 6-157 and:(1) No person whose name is required to be set forth in the application pursuant to section 6-157 hasbeen convicted of a felony or of any crime involving moral turpitude or the possession or sale of,attempted possession or sale of, or conspiracy to possess or sell a controlled substance, alcohol orfirearms; and for an application for a permit to operate a teenage nightclub, in addition to the foregoing,contributing to the delinquency of a minor or any other criminal offense against a juvenile;(2) There has been no misrepresentation or misstatement concerning or omission of any fact, material orotherwise, in the application, whether such misrepresentation, misstatement or omission is intentional orinadvertent;(3) For an application for a permit to operate a teenage nightclub, no portion of the proposedestablishment, including any on-site parking, is located within 500 feet of any business having a licenseissued by the state alcoholic beverage control board to sell alcoholic beverages for either on-premises oroff-premises consumption;(4) No person whose name is required to be set forth in the application pursuant to section 6-157 hasbeen a holder of a permit revoked by the chief administrative officer under section 6-159 within one yearprior to the date of the application;(5) No person whose name is required to be set forth in the application pursuant to section 6-157 owesany delinquent taxes of any kind to the city; and(6) No person whose name is required to be set forth in the application pursuant to section 6-157 ownsor has owned any establishment that has been adjudicated to be a common or public nuisance pursuantto applicable state law.

(b) The chief administrative officer shall grant the permit or deny the application within 45 days afterreceipt of a complete application. However, if the chief administrative officer is unable to determine withinsuch time whether or not the application complies with the requirements for the granting of a permit onthe basis of the information provided, the chief administrative officer may so notify the applicant andrequire the applicant to provide such additional information as may be necessary. In such case the chiefadministrative officer shall have an additional 30 days from the date on which such information isfurnished to grant the permit or deny the application. If the applicant fails to provide such informationwithin a reasonable time after being required to do so by the chief administrative officer, the applicationshall be denied.

(c) The chief administrative officer may attach such conditions to a permit as are reasonably related tothe preservation and protection of the public peace and order.

(d) A permit shall not be issued to a person nor shall a permit be deemed to authorize the operation of adancehall, nightclub or teenage nightclub by any person other than the applicant whose name is setforth in the application.

(Code 1993, § 3-68; Ord. No. 2004-360-330, § 1, 12-13-2004)

Sec. 6-159. Conditions and restrictions; revocation, etc.(a) Every permit granted under this article shall be subject to the conditions and restrictions stated in thepermit and to all applicable laws, ordinances and regulations.

(b) The chief administrative officer may, after notice and hearing, take such action as is allowed pursuantto subsection (d) if he finds, by a preponderance of the evidence presented at such hearing, that:(1) The establishment is a public nuisance;(2) The establishment is frequented by persons under the age of 18 years in violation of section 6-126(a),if such establishment is a nightclub or dance hall;(3) The establishment is frequented by persons engaged in disorderly, violent, indecent or unlawful

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conduct;(4) A notice of violation has been issued for the establishment stating that the establishment is inviolation of any of the provisions of the Virginia Fire Prevention Code, the Virginia Uniform StatewideBuilding Code, Chapter 114 of this Code, public health regulations or any provision of this article;(5) The establishment or its operation is not in strict compliance with the terms of the permit, includingany condition or restriction thereof;(6) The application contains any misrepresentation, misstatement or omission, intentional or inadvertent,concerning any information required to be provided in, or in connection with, the application;(7) The permit has been assigned or otherwise transferred, or the permit holder has failed to provide thechief administrative officer with the information required by section 6-161;(8) Any person whose name is required to be set forth in the application pursuant to section 6-157 failsto make any filing required by chapter 98 of this Code or to pay any taxes, fees or other monies due thecity from that person;(9) The applicant fails to renew his business license as required by chapter 98 of this Code; or(10) Any of the conditions upon which the permit was granted pursuant to section 6-158(a) are violated.

(c) Upon the submission by the chief of police or his designee of a written complaint to the chiefadministrative officer, setting forth facts which, if proven, would constitute grounds for taking any of theactions set forth in subsection (d), the chief administrative officer shall promptly notify the permit holder,or his designee for receiving notice, of such complaint and schedule a hearing thereon within five days ofthe chief administrative officer’s receipt of the written complaint. Such grounds shall be limited to thoseset forth in subsection (b). The notice shall be personally delivered or sent by certified or regular mail tothe person designated to receive such notices and shall:(1) Set forth the facts upon which the complaint is based or, alternatively, make reference to thecomplaint and contain a copy of such complaint as an attachment;(2) State the actions which may be taken by the chief administrative officer pursuant to subsection (d)or, alternatively, make reference to this section and contain a copy thereof as an attachment;(3) State the date, time and place of such hearing, which shall not be held less than seven days after thedate the notice is mailed or delivered; and(4) State that the applicant is entitled to be present at the hearing, in person or by a representative, andto present evidence on his behalf.

(d) If the chief administrative officer finds, by a preponderance of the evidence presented at such hearing,that one or more of the grounds alleged in the complaint have been proven, he may:(1) Revoke the permit;(2) Suspend the permit until the applicant has abated the violations alleged in the complaint that thechief administrative officer has found to have been proven;(3) Attach one or more additional conditions or restrictions to the permit; or(4) Require the posting of a bond, in an amount and form satisfactory to the chief administrative officer,securing to the city the faithful performance of the terms and conditions of the permit and compliancewith all applicable laws, ordinances and regulations.

The chief administrative officer shall render a decision in writing to the permit holder within ten days ofthe date of the hearing and shall promptly notify the permit holder, or the person designated to receivenotices, and the owner of the property at which the dance hall, nightclub or teenage nightclub is located,if a person other than the permit holder, of the action taken by the chief administrative officer. Suchnotice shall be sent by certified or registered mail.

(e) Any permit holder aggrieved by a decision of the chief administrative officer may appeal such actionto the circuit court by proper application filed within 30 days from the date of such decision; provided,however, that the commencement of such appeal shall not stay the action of the chief administrativeofficer. Upon the filing of such application, the court may issue a writ of certiorari ordering the chiefadministrative officer to produce within the time prescribed by the court, but not less than ten days, the

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record of his action and the documents that he considered in making the decision appealed. The chiefadministrative officer may comply with such writ by producing certified or sworn copies of the record anddocuments rather than the original record and documents. In addition, the chief administrative officermay submit, in writing and verified by affidavit, such other facts as may be pertinent and material to showthe grounds of the decision appealed. The court shall review the record, documents and other materialsproduced by the chief administrative officer pursuant to the issuance of the writ and may reverse ormodify the decision reviewed, in whole or in part, when the court is satisfied that the decision of the chiefadministrative officer is contrary to law or that his decision is arbitrary and constitutes an abuse ofdiscretion. The court shall affirm the decision unless it finds that the decision is contrary to law or isarbitrary and constitutes an abuse of discretion. If the court finds that the testimony of witnesses isnecessary for a proper disposition of the matter, it may hear such evidence.

(Code 1993, § 3-69; Ord. No. 2004-175-165, § 1, 6-28-2004; Ord. No. 2004-360-330, § 1, 12-13-2004)

Sec. 6-160. Transferability.A permit granted under this division shall not be transferable.

(Code 1993, § 3-70)

Sec. 6-161. Changes in ownership, management or location.Any change in the ownership of a dance hall, nightclub or teenage nightclub shall invalidate the permitfor such establishment. Upon any change in the management of a dance hall, nightclub or teenagenightclub, the permit holder shall report the change to the chief administrative officer within seven daysby submitting information sufficient for the chief administrative officer to determine whether the permitholder remains in compliance with this article. Any change in the location of a dance hall, nightclub orteenage nightclub shall invalidate the permit for such establishment.

(Code 1993, § 3-70; Ord. No. 2004-175-165, § 1, 6-28-2004)

Sec. 6-162. Pending applications.This article, and any amendment hereto, shall apply to all dance hall or nightclub applications pendingand not yet finally approved as of the effective date of such article or amendment.

(Code 1993, § 3-74(a); Ord. No. 2004-175-165, § 1, 6-28-2004)