To enact sections 503.70 to 503.78 and 503.99 of the Revised Code to permit townships to issue permits for public dances.

Section 1. That sections 503.70, 503.71, 503.72, 503.73, 503.74, 503.75, 503.76, 503.77, 503.78, and 503.99 of the Revised Code be enacted to read as follows:

Sec. 503.70.  As used in sections 503.70 to 503.78 of the Revised Code:

(A) "Applicant" means an individual who is at least twenty-one years of age, has not been convicted of a felony within the ten-year period before the filing of the application for a public dance permit, has not been convicted of a misdemeanor involving moral turpitude within the five-year period before the filing of the application for a public dance permit, has not had a liquor permit revoked or not renewed under Chapter 4303. of the Revised Code within the five-year period before the filing of the application for a public dance permit, and has not had a public dance permit revoked within the one-year period before the filing of the application for a public dance permit.

(B) "Public dance" means any dance to which the general public may obtain admission, with the payment of a fee or cover charge, including, but not limited to, any dance conducted or permitted in connection with the operation of a restaurant, hotel, or other place where food or drinks are sold for consumption on the premises, but excluding all of the following:

(1) A dance held on property owned by the state, the township, or any other political subdivision of the state;

(2) A dance conducted by an organization that is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended;

(3) A dance held on the permit premises of a permit holder under Chapter 4303. of the Revised Code if the total dance floor area is less than one hundred square feet and the premises is open to the public only during the hours when beer or intoxicating liquor may lawfully be served.

Sec. 503.71.  A board of township trustees, by resolution, may require an individual intending to conduct a public dance to obtain a permit from the township in accordance with sections 503.70 to 503.78 of the Revised Code. The resolution shall specify whether a permit must be obtained for each dance or on an annual basis for all dances during the year, or it may offer both options. The resolution shall require the applicant to apply to the board of township trustees for a permit.

The resolution also shall establish a public dance permit review board to conduct hearings under section 503.78 of the Revised Code. The board shall consist of a representative from the board of township trustees, a representative from the township or county zoning department, whichever is applicable, a representative from the township fire department or the department with which the township contracts to provide fire service, a representative from the county building department, a representative from the county board of health, and two township residents. The person representing the board of township trustees shall serve as chair of the board.

Sec. 503.72.  (A) Applications for a public dance permit shall be filed with the board of township trustees on a form provided by the board. An individual applying for a permit shall qualify as an applicant. In an application, the applicant shall identify the days and hours of operation of the proposed public dance or dances, the location and owner of the premises where each dance will take place, and the location and owner of any premises to be used for parking or other purposes related to each dance.

The board shall review each application and may, when appropriate, delegate the review to a township employee or to the chief of police of the township police department or, if there is no township police department, to the sheriff. After conducting an investigation to ensure that all qualifications have been met, the board shall issue a public dance permit to the applicant if all qualifications are met and the proper fees have been paid. The board shall review each application and award or deny a permit within thirty days after receipt of the application.

(B) In order to receive a public dance permit, all of the following qualifications shall be met in addition to those specified in division (A) of this section:

(1) The premises specified in the application shall be found to be in compliance with all applicable building, fire, zoning, and health code requirements.

(2) The applicant shall submit a written plan sufficient to convince the board that the applicant will provide security during and immediately after the dance sufficient to prevent or peacefully to stop unlawful conduct, including, but not limited to, assaults, thefts, vandalism, disorderly conduct, public intoxication, sale or possession of unlawful substances, trespass, littering, or loitering. The plan also shall assure the board that the issuance of the permit will not substantially compromise public decency, morals, or good order, or result in the disturbance of the peace and quiet of the surrounding neighborhood.

(3) A bond in favor of the township shall be provided in the amount of one thousand dollars per dance or ten thousand dollars per year, whichever is less, to cover the costs that may be incurred in responding to any public disturbance or unlawful conduct occurring on the premises where a public dance takes place or on the premises used for parking or other purposes related to the dance, either during or immediately after the dance.

(4) Subject to division (C) of this section, the following fees shall either accompany the application or be paid upon approval of the permit:

(a) For a single public dance permit, a nonrefundable fifteen dollar application fee and, upon approval of the permit, a nonrefundable fifty-dollar permit fee for the permit;

(b) For an annual public dance permit, a nonrefundable fifteen-dollar application fee and, upon approval of the permit, a nonrefundable one-thousand-dollar permit fee.

(C) Annual permits granted under this section shall expire on the thirty-first day of December of the year of their issuance. For an annual dance permit issued after the thirtieth day of April, the township shall prorate the permit fee under division (B) of this section on a monthly basis.

(D) A public dance permit issued under this section is nontransferable.

Sec. 503.73.  (A) No person issued a public dance permit shall recklessly allow a minor unaccompanied by a parent or legal guardian to attend or remain at a public dance between the hours of midnight and five a.m.

(B) No person in control of a public dance permit premises shall do any of the following:

(1) Recklessly allow any person other than an employee or agent of the permit holder to remain within any building or other structure of the premises or on exterior property of the premises more than thirty minutes after a public dance ends;

(2) Knowingly allow any person under the influence of beer or intoxicating liquor to enter or remain on the premises during or immediately after a public dance;

(3) Knowingly allow any disorderly or riotous conduct or illegal activity of any kind on the premises by employees or agents of the permit holder, customers, or other persons in attendance or present on the premises during or immediately after a public dance.

Sec. 503.74.  A person issued a public dance permit shall do both of the following:

(A) Post the permit in a conspicuous place on the permit premises; and

(B) Illuminate the permit premises with fully functional lighting, including, but not limited to, its common areas, parking lots, sidewalks, and areas of ingress and egress, during all hours of operation after dusk and before dawn.

Sec. 503.75.  (A) The chief of police of the township police department or other appropriate policing authority, as the case may be, and the relevant peace officers, fire department inspectors, and building inspectors shall have access at all times to any premises for which a public dance permit has been issued.

(B) A person issued a public dance permit shall submit to the board of township trustees an amended application form within thirty days after any change in the information contained in the application submitted under section 503.72 of the Revised Code, including a change in name or address.

Sec. 503.76.  After holding a public hearing, the board of township trustees may revoke a public dance permit for good cause shown. For this purpose, "good cause" includes, but is not limited to, the following:

(A) A violation of any federal, state, or local law, rule, or regulation applicable to the business or premises where a public dance takes place; and

(B) Failure of the permit holder to prevent or peacefully stop, on more than one occasion, a public disturbance or unlawful conduct on the premises where a public dance takes place, or on the premises used for parking or other purposes in conjunction with the public dance, by one or more employees or agents of the permit holder, customers, or other persons attending the public dance or present on the premises during or immediately after the dance.

Sec. 503.77.  Upon the order of the chief of police of the township police department or other appropriate policing authority, as the case may be, or the chief of police's or policing authority's authorized designee, a peace officer may close down a public dance, and require all persons to vacate the premises where it is taking place, when necessary to disperse a riotous crowd or prevent serious bodily harm to persons on the premises.

Sec. 503.78.  (A) Any individual who is denied a public dance permit or has a public dance permit revoked, and any individual whose bond for a public dance permit is charged with costs incurred by the township in responding to any public disturbance or unlawful conduct occurring on the premises where the public dance took place or on the premises used for parking or other purposes related to the dance, either during or immediately after the dance, may appeal that determination by filing a written request for a hearing with the board of township trustees within fifteen days after the date of the denial, revocation, or receipt of notice of the costs charged.

Upon receipt of such a request, the board of township trustees shall set a time and place for a hearing before the public dance permit review board, notify the public dance permit review board of this hearing, and, at least ten calendar days before the date set for the hearing, send written notice of its time and place by regular mail to the appellant.

(B) At the hearing, the board of township trustees and the appellant may present written and oral evidence and witnesses. Failure of the appellant or the appellant's representative to appear at the hearing shall have the same effect as if no appeal had been filed.

(C) An appeal does not automatically operate as a stay of a denial or revocation of a public dance permit or action against the appellant's bond. If an appellant desires a stay of the denial or revocation of a permit, or action against the appellant's bond, pending the outcome of the hearing, the appellant shall separately apply in writing to the public dance permit review board for a stay pending the hearing, setting forth the reasons for the requested stay. Within five business days after receipt of a request for a stay, the public dance permit review board shall determine if it finds sufficient cause for the requested stay and issue a decision on that request.

(D) Within fifteen business days after the conclusion of the hearing, the public dance permit review board, in writing, shall sustain, modify, or reverse the decision from which the appeal is taken. This determination shall be considered a final decision of the board for purposes of section 2506.01 of the Revised Code.

Sec. 503.99.  (A) A person required to have a public dance permit under a resolution adopted under section 503.71 of the Revised Code, who fails to obtain the permit before conducting a public dance is guilty of a misdemeanor of the fourth degree upon an initial conviction for such a failure and a misdemeanor of the first degree upon each subsequent conviction for such a failure.

(B) A person who violates division (A) or (B)(1), (2), or (3) of section 503.73 of the Revised Code or who fails to comply with division (A) or (B) of section 503.74 of the Revised Code is guilty of a misdemeanor of the fourth degree upon an initial conviction for any such violation or any such failure and a misdemeanor of the first degree upon each subsequent conviction for any such violation or any such failure.