EXHIBIT O. AN ACT TO AMEND THE CHARTER OF THE CITY OF NEW YORK, IN RELATION TO REGULATING AND LICENSING PUBLIC DANCE HALLS. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The Greater New York Charter, as re-enacted by chapter four hundred and sixty-six of the laws of nineteen hundred and one, is hereby amended by adding after Section fourteen hundred and eighty-seven, seven new sections, to be sections fourteen hundred and eighty-eight, fourteen hundred and eighty-nine, fourteen hundred and ninety, fourteen hundred and ninety-one, fourteen hundred and ninety-two, fourteen hundred and ninety-three, and fourteen hundred and ninety-four thereof, to read, respectively, as follows: SECTION 1488. The words "public dance hall" when used in this title shall be taken to mean : Any room, place or space in the City of New York in which dancing is carried on and to which admission can be had by payment of a fee, or by the purchase, possession or presentation of a ticket or token, or in which a charge is made for caring for clothing or other property, other than a hotel having upwards of fifty bedrooms, or Any room, place or space in the City of New York, located upon premises which are licensed to sell liquors, other than a hotel having upwards of fifty bedrooms, in which dancing is carried on and to which the public may gain admission, either with or without payment of fee. The word "Dancing" as used in this and the succeeding sections shall not apply to exhibitions or performances in which the persons paying for admission do not participate. PUBLIC DANCE HALL DANCING ACADEMY FORBIDDEN WITHOUT LICENSE. SECTION 1489. No public dance hall shall be conducted nor shall dancing be taught or permitted in any public dance hall unless it shall be licensed pursuant to this act and the license be in force and not suspended. Any person violating this section shall be guilty of a misdemeanor. PUBLIC DANCE HALLS-LICENSE OF REQUIREMENTS. SECTION 1490. All public dance halls shall be licensed by the Mayor or other licensing authority of the City of New York; the fee for each such license shall be fifty dollars for each year or fraction thereof. All licenses issued on or between the first day of April and the thirtieth day of September of any year shall expire on the thirtyfirst day of March of the succeeding year. All licenses issued on or 1 between the first day of October and the thirty-first day of March of any year, shall expire on the thirtieth day of September of the succeeding year. No license shall be issued unless the place for which it is issued complies with all laws, ordinances, rules and the provisions of any building code applicable thereto and is a safe and proper place for the purpose for which it shall be used, properly ventilated and supplied with sufficient toilet conveniences. Every licensed public dance hall shall post its license at the main entrance to its premises. NO LICENSE WITHOUT REPORT AFTER INSPECTION. SECTION 1491. No license shall be issued until the licensing authority of the City of New York shall have received a written report of an inspector that the building or premises to be licensed complies with section fourteen hundred and ninety of this title. All inspectors shall be permitted to have access to all public dance halls at all reasonable times and whenever they are open for dancing, instruction in dancing or for any other purpose. Inspectors shall be required to report all violations. All reports shall be in writing and shall be filed and made public records. PUBLIC DANCE HALLS-SALE OF LIQUOR THEREIN. SECTION 1492. Dancing shall not be permitted in any place in the City of New York licensed to sell liquors, except in a hotel having upwards of fifty bedrooms, unless such place shall also be licensed under section fourteen hundred and ninety. Violation of this provision shall be deemed a violation of the liquor tax law with respect to such premises. No liquors shall be sold, served, or given away, in any public dance hall in which dancing is advertised to be taught, or in which classes in dancing are advertised to be maintained, or in which instruction in dancing is given for hire; or in any room connected with such hall. The word "liquors" as used in this section, shall be construed as defined in the liquor tax law of this state. The licensing authority shall immediately notify the state commissioner of Excise of the granting or renewal or revocation or forfeiture of any license issued under this title to any place or premises which are licensed to sell liquor. LICENSE-WHEN FORFEITED OR REVOKED. SECTION 1493. The license of any public dance hall may be forfeited for habitual disorderly or immoral conduct permitted on the premises and shall be forfeited on conviction of any person for violation of section fourteen hundred and ninety-two of this act, or upon the conviction of any person for violation of section fourteen hundred and eighty-four or section eleven hundred and forty-six of the penal law in or with respect to the premises of any public dance hall. The license of any public dance hall may be revoked by the licensing authority whenever the licensed premises do not comply with section fourteen hundred and ninety of this act, provided that licensee or person in charge shall be served with a copy of the report or complaint. In any case where a license is revoked or where the licensing authority refuses to grant a new license, reasons for the action must be stated in writing and shall be made public records. Should the license of any place have been revoked twice within a period of six months, no new license shall be granted to such place for a period of at least one year from date of the second revocation. SECTION 1494. The Mayor or licensing authority of the City of New York may appoint such inspectors and other officials necessary to carry out the provisions of sections fourteen hundred and eightynine, fourteen hundred and ninety, fourteen hundred and ninety-one, fourteen hundred and ninety-two and fourteen hundred and ninetythree as may be authorized by the board of estimate and apportionment of the city or authority having the right to appropriate public money. The money paid for licenses under this act shall be applied toward the payment of the salaries of the inspectors appointed hereunder. Any deficiency and any other expense of carrying this act into effect until appropriation can be made therefor, shall be met by the issue of special revenue bonds of the city. The inspectors to be appointed under this section shall be designated as inspectors of public dance halls. SECTION 2. This act shall take effect immediately. |