(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 |
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 |
(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 |
(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 |
(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 |
(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 |