Legislation # 06-0604 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 10/25/2006
Title AN ORDINANCE TO AMEND CHAPTER 4 ENTITLED "AMUSEMENTS," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.
 
Legislation History 06-0604
DateNotice Of ActionDescription
11/15/2006 Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.
10/25/2006 Adopted on First Reading
10/25/2006 Approved - items 1-5, 7-13, and 15 on the consent agenda.
10/14/2006 Received By Clerk's Office
 
View Attachments 06-0604
FileTypeSizeDescription
Chapter 4 - Amusements - REDLINE - October 4, 2006.doc Other 60K Chapter 4 - Amusements - Redline
 
Legislation Text 06-0604

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0604

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 4 ENTITLED "AMUSEMENTS," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.

 

 

 

 

Chapter 4

 

AMUSEMENTS*

__________

* Cross References: Boats, beaches and waterways, Ch. 7; license tax on various amusements, 18.1-75 et seq.; license tax on amusement machine operators, 18.1-101; obscene exhibitions and performances, 23-5; scalping tickets to sporting events and other amusements, 24-29; parks and recreation generally, Ch. 26; theatrical entertainments and other performances in parks, 26-27 et seq.; swimming pools, Ch. 36; tax on admission charged to places of amusement or entertainment, 37-276 et seq.

__________

 

Article I. In General

Sec. 4-1. Reserved.

Secs. 4-2--4-15. Reserved.

 

Article II. Public Dance Halls

 

Division 1. Generally

Sec. 4-16. Defined.

Sec. 4-17. Exemptions from chapter.

Sec. 4-18. Violations of chapter.

Sec. 4-19. Right of entry of police.

Sec. 4-20. Repealed.

Sec. 4-21. Certain persons not to be allowed on premises.

Sec. 4-22. Dancing and music prohibited between certain hours.

Secs. 4-23--4-35. Reserved.

 

Division 2. Permit

Sec. 4-36. Required.

Sec. 4-37. Application.

Sec. 4-38. Investigation and report of city manager; issuance or refusal.

Sec. 4-39. Conditions and restrictions.

Sec. 4-40. Transfer.

Sec. 4-41. Procurement by fraud or misrepresentations.

Sec. 4-42. Revocation.

Secs. 4-43--4-55. Reserved.

 

Article III. Poolrooms

Sec. 4-56. Violations of article.

Sec. 4-57. Operation at other than street level.

Sec. 4-58. Obstructing view from street.

Sec. 4-59. Minors prohibited; exceptions.

Sec. 4-60. Closing hours.

Sec. 4-61. Application of article to poolrooms located in bowling alleys.

Secs. 4-62--4-75. Reserved.

 

Article IV. Bingo Games and Raffles

Sec. 4-76. Definitions.

Sec. 4-77. Violations of article.

Sec. 4-78. Audit of reports.

Secs. 4-79--4-90. Reserved.

Sec. 4-91. Permit required.

Secs. 4-92--4-95. Reserved.

Sec. 4-96. Hours of operation.

ARTICLE I.

 

IN GENERAL

 

Sec. 4-1. Reserved.

Editors Note: Ord. No. 1255, adopted Aug. 11, 1999, repealed 4-1, which prohibited carnivals between certain dates, and which derived from Ord. No. 601, adopted Dec. 13, 1978; and Code 1964, 27.1-8.

 

Secs. 4-2--4-15. Reserved.

 

ARTICLE II.

 

PUBLIC DANCE HALLS*

__________

* Cross References: License tax on dance halls, 18-142.

State Law References: Authority of city to regulate public dance halls, Code of Virginia, 15.2-912.3.

__________

 

DIVISION 1.

 

GENERALLY

 

Sec. 4-16. Defined.

 

For the purposes of this article, a "public dance hall" is any place in the city which is open to the general public and in which dancing is permitted; provided, however, that a restaurant licensed under Code of Virginia, 4.1-210, to serve food and beverages and having a dance floor with an area not exceeding ten (10) percent of the total floor area of the establishment shall not be considered a public dance hall.

(Ord. No. 111, 1; Ord. No. 611, 2-14-79; Code 1964, 32A-1)

State Law References: Similar provisions, Code of Virginia, 15.2-912.3.

 

Sec. 4-17. Exemptions from chapter.

 

This charter shall not apply to dances held for benevolent or charitable purposes, or when the same are conducted under the auspices of religions, educational, civic or military organizations.

(Ord. No. 111, 1; Ord. No. 611, 2-14-79; Code 1964, 32A-1)

State Law References: Authority for above section, Code of Virginia, 15.2-912.3.

 

Sec. 4-18. Violations of chapter.

Any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor. A conviction of violating any provision of this chapter, other than section 4-36, shall ipso facto work a revocation of such offender's license, issued under chapter 18 of this Code, to conduct such public dance hall in the city, unless a new permit is thereafter granted by the city council under division 2 of this article.

(Ord. No. 111, 11; Ord. No. 611, 2-14-79; Code 1964, 32A-11)

Cross References: Penalty for Class 3 misdemeanor, 1-11.

State Law References: Violations of dance hall ordinance to be punished as for a Class 3 misdemeanor, Code of Virginia, 18.2-433.

 

Sec. 4-19. Right of entry of police.

 

Members of the police force shall have the right to enter a public dance hall at all operating hours to see that the peace and quiet of the city is preserved.

(Ord. No. 111, 5; Ord. No. 185; Ord. No. 402; Ord. No. 611, 2-14-79; Code 1964, 32A-5)

 

Sec. 4-20. Repealed.

 

Sec. 4-21. Certain persons not to be allowed on premises.

 

It shall be unlawful for any person operating a public dance hall in the city to suffer or permit any person under the influence of alcoholic beverages or any person acting in a disorderly manner to enter or to remain in such dance hall, whether participating in the dancing or not.

(Ord. No. 111, 6; Ord. No. 611, 2-14-79; Code 1964, 32A-8)

 

Sec. 4-22. Dancing and music prohibited between certain hours.

 

It shall be unlawful for the owner, operator, manager or other person in charge of a public dance hall in the city to permit dancing in such establishment between the hours of 2:00 a.m. and 9:00 a.m., on any day of the week. It shall further be unlawful for any such person to hire any orchestra to play music in such establishment between the hours set forth in this section, or to permit the playing of music of any kind in such establishment, whether by orchestra or by one or more people playing musical instruments of any kind or by mechanical devices of any nature, between such hours.

(Ord. No. 111, 5; Ord. No. 185; Ord. No. 402; Ord. No. 601, 12-13-78; Ord. No. 611, 2-24-79; Code 1964, 27.1-10, 32A-5)

 

Secs. 4-23--4-35. Reserved.

 

DIVISION 2.

 

PERMIT*

__________

* State Law References: Dance hall ordinance to provide for issuance of operating permit, Code of Virginia, 15.2-912.3.

__________

 

 

 

Sec. 4-36. Required.

 

(a) It shall be unlawful for any person to operate a public dance hall in the city without first obtaining a public dance hall permit from the city council. A separate permit shall be required for each location or operation at a cost of fifty dollars ($50.00) for each permit issued.

 

(b) No license shall be issued by the commissioner of the revenue, under chapter 18 of this Code, for the operation of a public dance hall in the city, unless the applicant has the permit required by this section.

(Ord. No. 111, 2, 5; Ord. No. 185; Ord. No. 402; Ord. No. 611, 2-14-79; Code 1964, 32A-2, 32A-5; Ord. No. 831, 5-28-86)

 

Sec. 4-37. Application.

 

Any person desiring to obtain a permit for the operation of a public dance hall in the city shall make written application therefor to the city manager, which application shall contain the following information and attachments:

 

(1) The place where the proposed dance hall is to be located, the district or zone in which it is located and a plat showing the area of the establishment where dancing is to be permitted and the number of people such area is to accommodate.

 

(2) The names and addresses of all persons who are or will be owners, operators or managers of such dance hall, together with the names and addresses of all persons having a financial interest in such dance hall, including stockholders, lienholders and/or partners.

 

(3) If the owner or operator 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.

 

(6) A certificate of occupancy from the building official and the zoning administrator certifying that the structure is in compliance with the ordinances of the city regulating building construction or use.

(Ord. No. 111, 3; Ord. No. 611, 2-14-79; Code 1964, 32A-3)

 

Sec. 4-38. Investigation and report of city manager; issuance or refusal.

 

(a) The city manager shall investigate an application filed pursuant to this division and shall report to the city council. The city manager shall consider the following factors in preparing his report for the council:

(1) The suitability of the location of such proposed dance hall, preference being given to ground floor locations.

 

(2) The suitability and adequacy of the facilities.

 

(3) The fitness and financial responsibility of the person or persons who will own, manage or conduct the dance hall.

 

(b) After presentation of the report of the city manager and after hearing such additional statements and evidence upon the factors set out in subsection (a) above as may be presented, the council shall, by a record vote, issue or refuse the permit.

(Ord. No. 111, 4; Ord. No. 611, 2-14-79; Cede 1964, 32A-4)

 

Sec. 4-39. Conditions and restrictions.

 

Every permit granted for the operation of a public dance hall shall be subject to the conditions and restrictions set out in this article.

(Ord. No. 111, 5; Ord. No. 185; Ord. No. 402; Ord. No. 611, 2-14-79; Code 1964, 32A-5)

 

Sec. 4-40. Transfer.

 

A permit issued under this division shall not be transferable to a different owner, management or location, without the approval of the council.

(Ord. No. 111, 5; Ord. No. 185; Ord. No. 402; Ord. No. 611, 2-14-79; Code 1956, 32A-5)

 

Sec. 4-41. Procurement by fraud or misrepresentations.

 

It shall be unlawful for any person to procure a permit required by this division by fraud or false representation of facts.

(Ord. No. 111, 8; Code 1964, 32A-6)

 

Sec. 4-42. Revocation.

 

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

(Ord. No. 111, 10; Ord. No. 611, 2-14-79; Code 1964, 32A-7)

 

Secs. 4-43--4-55. Reserved.

 

 

ARTICLE III.

 

POOLROOMS*

__________

* Cross References: License tax on pool tables, 18-139.

__________

 

Sec. 4-56. Violations of article.

 

Any person violating any provision of this article shall be guilty of a Class 3 misdemeanor.

(Code 1956, 16-26, 16-27; Ord. No. 88; Ord. No. 295; Code 1964, 31-5, 31-6)

Cross References: Penalty for Class 3 misdemeanor, 1-11.

 

Sec. 4-57. Operation at other than street level.

 

It shall be unlawful for any person to operate any poolroom on any floor above or below the street level of any building in the city.

(Code 1956, 16-26; Ord. No. 88; Code 1964, 31-2)

 

Sec. 4-58. Obstructing view from street.

 

It shall be unlawful for the proprietor of any poolroom to erect or maintain any screen, curtain or thing of any nature which may obscure a free and uninterrupted view of such poolroom from the street.

(Code 1956, 16-26; Ord. No. 88; Code 1964, 31-3)

 

Sec. 4-59. Minors prohibited; exceptions.

 

(a) No person under eighteen (18) years of age shall frequent, play in or loiter in any establishment licensed as a public poolroom or billiard room, nor shall the proprietor of any such establishment or his agent permit any person under eighteen (18) years of age to frequent, play in or loiter in any such place.

 

(b) No proprietor of any room of a public nature, other than establishments referred to in subsection (a) above, where pool or billiards or games of a like character are played, or the agent of any such proprietor, shall allow any person under the age of eighteen (18) years to play pool or billiards or games of a like nature therein.

 

(c) Nothing in this section shall apply to military or naval personnel in uniform.

 

(d) The provisions of this section shall not apply to an establishment or business wherein pool, billiards or games of like nature are played, when such establishment or business:

 

(1) Has obtained and has on display a certificate of approval from the director of public safety. Such certificate of approval may be withdrawn by the director of public safety, after written notice to the proprietor, when in his opinion such establishment or business is not a proper place for minors to frequent.

 

(2) Allows no alcoholic beverage to be sold, kept or consumed on the premises and has direct access to an area or place where such alcoholic beverages may be sold or consumed.

 

(3) Has an interior having a minimum lighting throughout at a level of forty (40) footcandles.

 

(4) Has no partitioned or closed-off areas, other than those for toilet facilities, office space or storerooms, and all playing areas and billiard tables are visible from a public street or way open to the public.

 

(5) Has a window or windows open to view for a public street or way open to the public, having a minimum of one hundred (100) square feet of transparent glass, which window or windows shall not be permanently covered or otherwise obstructed.

 

(6) Contains only regulation size minimum measurements of four and one-half (4 1/2) feet by nine (9) feet, playing tables and has a minimum of ten (10) such tables.

 

(7) Has separate restroom facilities for both sexes.

 

(8) Has no pinball machines or machines operating on the coin-in-the-slot principle, except machines dispensing food or merchandise.

(Code 1956, 16-26; Ord. No. 88, Ord. No. 201; Ord. No. 232; Ord. No. 296; Code 1964, 31-1, 31-4.1)

State Law References: Authority of city to regulate presence of minors in places of amusement, Code of Virginia, 15.2-926.

 

Sec. 4-60. Closing hours.

 

The proprietors of all rooms of a public nature where pool or billiards or games of like character are played shall close such rooms not later than 1:00 a.m., every day, and keep such rooms closed until 6:00 a.m. the same day, and shall not allow any such game to be played therein between such hours.

(Code 1956, 16-27; Ord. No. 88; Ord. No. 295; Code 1964, 31-6)

 

Sec. 4-61. Application of article to poolrooms located in bowling alleys.

 

The provisions of this article, except section 4-60, shall not apply to any poolroom or billiard room or to tables for playing pool or billiards located within a bowling alley building containing twenty-four (24) or more regulation bowling lanes, except that no person under eighteen (18) years of age, other than military or naval personnel in uniform, shall be allowed to frequent, play in or loiter in that portion of such bowling alley building to be used for pool or billiards or games of a like character.

(Code 1956, 16-26; Ord. No. 88; Code 1964, 31-4)

 

Secs. 4-62--4-75. Reserved.

 

ARTICLE IV.

 

BINGO GAMES AND RAFFLES*

__________

* Editors Note: Ord. No. 1174, adopted Oct. 23, 1996, amended and re-enacted Art. IV of Ch. 23 to read as herein set out. Prior to this amendment, Ch. 4, Art. IV contained similar subject matter and was derived from provisions presumably enacted during the 1983 codification; from 19-6.2 and 19-6.3 of the 1964 Code; from Ord. Nos. 391, 419, 471; and from the following ordinances:

 

Ord. No.

Date

Ord. No.

Date

594

11- 8-78

857

5-12-87

625

7-25-79

1131

11- 9-94

689

5-13-81

1143

7- 5-95

 

State Law References: Authority of city to adopt ordinance regulating bingo games, Code of Virginia, 15.2-912.2.

__________

 

Sec. 4-76. Definitions.

 

For the purposes of this article, the words "bingo" and "raffle" shall have the meanings ascribed to them in section 18.2-340.16 of the Code of Virginia.

(Ord. No. 1174, 10-23-96)

 

Sec. 4-77. Violations of article.

 

A violation of any provision of this chapter shall constitute a Class 1 misdemeanor. Each day in violation shall constitute a separate offense.

(Ord. No. 1174, 10-23-96)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Secs. 4-78--4-90. Reserved.

 

Sec. 4-91. Permit required.

 

Unless otherwise exempt, it shall be unlawful for any person to conduct or operate any bingo game or raffle within the city, unless he has a current permit so to do, issued by the state department of charitable gaming.

(Ord. No. 1174, 10-23-96)

State Law References: Annual permit required, Code of Virginia 18.2-340.25; organizations exempt from certain permit requirements, Code of Virginia 18.2-340.23.

 

Secs. 4-92--4-95. Reserved.

 

Sec. 4-96. Hours of operation.

 

Bingo shall not be conducted between the hours of 12:00 midnight to 12:00 midday nor shall bingo be conducted longer than five (5) consecutive hours in any calendar day at any premises, regardless of whether it is conducted by one or more organizations.

(Ord. No. 1174, 10-23-96)

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council