Bill Title: To permit townships to issue permits for public dances.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2009-05-21 - To State & Local Government & Veterans Affairs
[SB128 Detail]Download: Ohio-2009-SB128-Introduced.html
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
| |
Cosponsors:
Senators Turner, Smith, Wagoner
A BILL
| To enact sections 503.70
to 503.78 and 503.99 of the | 1 |
|
Revised Code to permit townships
to issue permits | 2 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections
503.70, 503.71, 503.72, 503.73, | 4 |
|
503.74, 503.75, 503.76, 503.77, 503.78, and 503.99
of the Revised | 5 |
|
Code be enacted to read as follows: | 6 |
| Sec. 503.70. As used in sections 503.70 to 503.78 of the | 7 |
|
Revised Code: | 8 |
| (A) "Applicant" means an individual who is at least | 9 |
|
twenty-one years of age, has not been convicted of a felony within | 10 |
|
the ten-year period before the filing of the application for a | 11 |
|
public dance permit, has not been convicted of a misdemeanor | 12 |
|
involving moral turpitude within the five-year period before the | 13 |
|
filing of the application for a public dance permit, has not had a | 14 |
|
liquor permit revoked or not renewed under Chapter 4303. of the | 15 |
|
Revised Code within the five-year period before the filing of the | 16 |
|
application for a public dance permit, and has not had a public | 17 |
|
dance permit revoked within the one-year period before the filing | 18 |
|
of the application for a public dance permit. | 19 |
| (B) "Public dance" means any dance to which the general | 20 |
|
public may obtain admission, with the payment of a fee
or cover | 21 |
|
charge, including, but not limited to, any dance
conducted or | 22 |
|
permitted in connection with the operation of a
restaurant, | 23 |
|
hotel, or other place where food or drinks are sold
for | 24 |
|
consumption on the premises, but excluding all of the
following: | 25 |
| (1) A dance held on property owned by the state, the | 26 |
|
township, or any other political subdivision of the state; | 27 |
| (2) A dance conducted by an organization that is exempt from | 28 |
|
federal income taxation under subsection 501(c)(3) of the Internal | 29 |
|
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended; | 30 |
| (3) A dance held on the permit premises of a permit holder | 31 |
|
under Chapter 4303. of the Revised Code if the total dance floor | 32 |
|
area is less than one hundred square feet and the premises is open | 33 |
|
to the public only during the hours when beer or intoxicating | 34 |
|
liquor may lawfully be served. | 35 |
| Sec. 503.71. A board of township trustees, by resolution, | 36 |
|
may require
an individual intending to conduct a public dance to | 37 |
|
obtain a permit
from the township in accordance with sections | 38 |
|
503.70 to
503.78 of the Revised Code. The resolution shall | 39 |
|
specify whether a
permit must be obtained for each dance or on an | 40 |
|
annual basis
for all
dances during the year, or it may offer | 41 |
|
both options. The
resolution
shall require the applicant to | 42 |
|
apply to
the board of township trustees for a permit. | 43 |
| The resolution also shall establish a public dance permit | 44 |
|
review board to conduct hearings under section 503.78 of
the | 45 |
|
Revised Code. The board shall consist of a representative from the | 46 |
|
board of township trustees, a representative from the township or | 47 |
|
county zoning department, whichever is applicable, a | 48 |
|
representative from the township fire department or the department | 49 |
|
with which the township contracts to provide fire service, a | 50 |
|
representative from the county building department, a | 51 |
|
representative from the county board of health, and two township | 52 |
|
residents. The person
representing the board of township trustees | 53 |
|
shall serve as chair of the
board. | 54 |
| Sec. 503.72. (A) Applications for a public dance permit | 55 |
|
shall be filed with the board of township trustees on a form | 56 |
|
provided by the board.
An
individual applying for a permit shall | 57 |
|
qualify as an applicant. In
an application, the applicant shall | 58 |
|
identify the days and
hours of operation of the proposed public | 59 |
|
dance or dances, the
location and owner of the premises where | 60 |
|
each dance will take
place, and the location and owner of any | 61 |
|
premises to be used for
parking or other purposes related to each | 62 |
|
dance. | 63 |
| The board shall review each application
and may, when | 64 |
|
appropriate, delegate the review to a township employee or to the | 65 |
|
chief of police of the township police department or, if there is | 66 |
|
no township police department, to the sheriff. After conducting an | 67 |
|
investigation to ensure that all
qualifications have been met, | 68 |
|
the board shall issue a public dance permit to the
applicant if | 69 |
|
all
qualifications are met and the proper fees have been paid. | 70 |
|
The
board shall review each application and
award or deny
a | 71 |
|
permit within thirty days after receipt of the
application. | 72 |
| (B) In order to receive a public dance permit, all of the | 73 |
|
following qualifications shall be met in addition to those | 74 |
|
specified in division (A) of this section: | 75 |
| (1) The premises specified in the application shall be found | 76 |
|
to be in compliance with all applicable building, fire, zoning, | 77 |
|
and health code requirements. | 78 |
| (2) The applicant shall submit a written plan sufficient to | 79 |
|
convince the board that the applicant will
provide security | 80 |
|
during and immediately after the dance sufficient
to prevent or | 81 |
|
peacefully to stop unlawful conduct, including, but
not
limited | 82 |
|
to, assaults, thefts, vandalism, disorderly conduct,
public | 83 |
|
intoxication, sale or possession of unlawful substances, | 84 |
|
trespass, littering, or loitering. The plan also shall assure the | 85 |
|
board that the issuance of the permit will
not substantially | 86 |
|
compromise public decency, morals, or good
order, or result in | 87 |
|
the disturbance of the peace and quiet of the
surrounding | 88 |
|
neighborhood. | 89 |
| (3) A bond in favor of the township shall be provided in the | 90 |
|
amount of one thousand dollars per dance or ten thousand dollars | 91 |
|
per year, whichever is less, to cover the costs that may be | 92 |
|
incurred in responding to any public disturbance or unlawful | 93 |
|
conduct occurring on the premises where a public dance takes place | 94 |
|
or on the premises used for parking or other purposes related to | 95 |
|
the dance, either during or immediately after the dance. | 96 |
| (4) Subject to division (C) of this section, the following | 97 |
|
fees shall either accompany the application or be
paid upon | 98 |
|
approval of the permit: | 99 |
| (a) For a single public dance permit, a nonrefundable | 100 |
|
fifteen dollar application fee and, upon approval of the permit, a | 101 |
|
nonrefundable fifty-dollar permit fee for the permit; | 102 |
| (b) For an annual public dance permit, a nonrefundable | 103 |
|
fifteen-dollar
application fee and, upon approval of the
permit, | 104 |
|
a nonrefundable one-thousand-dollar permit fee. | 105 |
| (C) Annual permits granted under this section shall expire on | 106 |
|
the thirty-first day of December of the year of their issuance. | 107 |
|
For an annual dance permit issued after the thirtieth day of | 108 |
|
April, the township shall prorate the permit fee under division | 109 |
|
(B) of this section on a monthly basis. | 110 |
| (D) A public dance permit issued under this section is | 111 |
|
nontransferable. | 112 |
| Sec. 503.73. (A) No person issued a public dance permit | 113 |
|
shall recklessly allow a minor unaccompanied by a parent or legal | 114 |
|
guardian to attend or remain at a public dance between the hours | 115 |
|
of midnight and five a.m. | 116 |
| (B) No person in control of a public dance permit premises | 117 |
|
shall do any of the following: | 118 |
| (1) Recklessly allow any person other than an employee or | 119 |
|
agent of the permit holder to remain within any building or other | 120 |
|
structure of the premises or on exterior property of the premises | 121 |
|
more than thirty minutes after a public dance ends; | 122 |
| (2) Knowingly allow any person under the influence of beer or | 123 |
|
intoxicating liquor to enter or remain on the premises during or | 124 |
|
immediately after a public dance; | 125 |
| (3) Knowingly allow any disorderly or riotous conduct or | 126 |
|
illegal activity of any kind on the premises by employees or | 127 |
|
agents of the permit holder, customers, or other persons in | 128 |
|
attendance or present on the premises during or immediately after | 129 |
|
a public dance. | 130 |
| Sec. 503.74. A person issued a public dance permit shall do | 131 |
|
both of the following: | 132 |
| (A) Post the permit in a conspicuous place on the permit | 133 |
|
premises; and | 134 |
| (B) Illuminate the permit premises with fully functional | 135 |
|
lighting, including, but not limited to, its common areas, parking | 136 |
|
lots, sidewalks, and areas of ingress and egress, during all hours | 137 |
|
of operation after dusk and before dawn. | 138 |
| Sec. 503.75. (A) The chief of police of the township police | 139 |
|
department or other appropriate policing authority, as the case | 140 |
|
may be, and the
relevant peace
officers, fire department | 141 |
|
inspectors, and building
inspectors
shall have access at all | 142 |
|
times to any premises for
which a public
dance permit has been | 143 |
|
issued. | 144 |
| (B) A person issued a public dance permit shall submit to the | 145 |
|
board of township trustees an amended application form within | 146 |
|
thirty days
after any change in the information contained in the | 147 |
|
application
submitted under section 503.72 of the Revised Code, | 148 |
|
including a
change in name or address. | 149 |
| Sec. 503.76. After holding a public hearing, the board of | 150 |
|
township trustees may revoke a public dance permit for good
cause | 151 |
|
shown.
For this purpose, "good cause" includes, but is not | 152 |
|
limited to,
the following: | 153 |
| (A) A violation of any federal, state, or local law, rule, or | 154 |
|
regulation applicable to the business or premises where a public | 155 |
|
dance takes place; and | 156 |
| (B) Failure of the permit holder to prevent or peacefully | 157 |
|
stop, on more than one occasion, a public disturbance or unlawful | 158 |
|
conduct on the premises where a public dance takes place, or on | 159 |
|
the
premises used for parking or other purposes in conjunction | 160 |
|
with
the public dance, by one or more employees or agents of the | 161 |
|
permit
holder, customers, or other persons attending the public | 162 |
|
dance or
present on the premises during or immediately after the | 163 |
|
dance. | 164 |
| Sec. 503.77. Upon the order of the chief of police of the | 165 |
|
township police department or other appropriate policing | 166 |
|
authority, as the case may be, or the
chief of police's or | 167 |
|
policing authority's authorized
designee, a peace
officer may | 168 |
|
close down a public dance, and
require all persons to
vacate the | 169 |
|
premises where it is taking
place, when necessary to
disperse a | 170 |
|
riotous crowd or prevent
serious bodily harm to
persons on the | 171 |
|
premises. | 172 |
| Sec. 503.78. (A) Any individual who is denied a public dance | 173 |
|
permit or has a public dance permit revoked, and any individual | 174 |
|
whose bond for a public dance permit is charged with costs | 175 |
|
incurred by the township in responding to any public disturbance | 176 |
|
or unlawful conduct occurring on the premises where the public | 177 |
|
dance took place or on the premises used for parking or other | 178 |
|
purposes related to the dance, either during or immediately after | 179 |
|
the dance, may appeal that determination by filing a written | 180 |
|
request for a hearing with the board of township trustees
within | 181 |
|
fifteen
days after the date of the denial, revocation, or | 182 |
|
receipt of
notice of the costs charged. | 183 |
| Upon receipt of such a request, the board of township | 184 |
|
trustees shall set a time and place for a hearing before the | 185 |
|
public
dance permit review board, notify the public dance permit | 186 |
|
review
board of this hearing, and,
at least ten calendar days | 187 |
|
before the
date set for the hearing,
send written notice of its | 188 |
|
time and
place by regular mail to the
appellant. | 189 |
| (B) At the hearing, the board of township trustees and the | 190 |
|
appellant may present written and oral evidence and witnesses. | 191 |
|
Failure of the appellant or the appellant's representative to | 192 |
|
appear at the hearing shall have the same effect as if no appeal | 193 |
|
had been filed. | 194 |
| (C) An appeal does not automatically operate as a stay of a | 195 |
|
denial or revocation of a public dance permit or action against | 196 |
|
the appellant's bond. If an appellant desires a stay of the denial | 197 |
|
or revocation of a permit, or action against the appellant's bond, | 198 |
|
pending the outcome of the hearing, the appellant shall separately | 199 |
|
apply in writing to the public dance permit review board for a | 200 |
|
stay pending the hearing, setting forth the reasons for the | 201 |
|
requested stay. Within five business days after receipt of a | 202 |
|
request for a stay, the public dance permit review board shall | 203 |
|
determine if it finds sufficient cause for the requested stay and | 204 |
|
issue a decision on that request. | 205 |
| (D) Within fifteen business days after the conclusion of the | 206 |
|
hearing, the public dance permit review board, in writing, shall | 207 |
|
sustain, modify, or reverse the decision from which the appeal is | 208 |
|
taken. This determination shall be considered a final decision of | 209 |
|
the board for purposes of section 2506.01 of the Revised Code. | 210 |
| Sec. 503.99. (A) A person required to have a public dance | 211 |
|
permit under a
resolution adopted under section 503.71 of the | 212 |
|
Revised Code, who
fails to obtain the permit before conducting a | 213 |
|
public dance is
guilty of a misdemeanor of the fourth degree upon | 214 |
|
an initial
conviction for such a failure and a misdemeanor of the | 215 |
|
first
degree upon each subsequent conviction for such a failure. | 216 |
| (B) A person who violates division (A) or (B)(1), (2), or | 217 |
|
(3) of section 503.73 of the Revised Code or who fails to comply | 218 |
|
with
division (A) or (B) of section 503.74 of the Revised Code is | 219 |
|
guilty of a misdemeanor of the fourth degree upon an initial | 220 |
|
conviction for any such violation or any such failure and a | 221 |
|
misdemeanor of the first degree upon each subsequent conviction | 222 |
|
for
any such violation or any such failure. | 223 |
