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Full text of "Dance halls. Ordinances governing the conduct of public dances and dance halls, city of Buffalo. Issued"

DANCE HALLS ORDINANCES GOVERNING THE CONDUCT OF PUBLIC DANCES AND DANCE HALLS CITY OF BUFFALO
ISSUED BY THE COMMON COUNCIL 

DANIEL J. SWEENEY, City Clerk 

ROOM 4, CITY HALL 

DANCE ORDINANCES OF THE CITY OF BUFFALO 

CITY CLERK'S OFFICE, Room No. 4, City and County Hall, Buffalo, Dec. 14, 1914. 

I, D. J. Sweeney, City Clerk, do hereby certify that at a session of the Board of Aldermen of the
City of Buffalo, held Monday, Dec. 7, 1914, an ordinance, of which the following is a correct
copy, was duly adopted and that the same was duly approved by the Board of Councilmen at a session
thereof held Dec. 9, 1914, viz.: 

Resolved that Chapter XLVII of the Ordinances of the City of Buffalo, relating to public dance
halls and dances, be and the same is hereby amended so as to read as follows: CHAPTER XLVII. Public
Dance Halls and Dances. 

Section 1-The term "public dance" or "public ball," as used in this chapter, shall be taken
to mean any dance or ball 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; or any other dance to which the public generally may gain admission with
or without the payment of a fee. The term "public dance hall," as used in this chapter, shall
be taken to mean any room, place or space in which a public dance or public ball may be held, and
any hall or academy in which classes in dancing are held on instruction in dancing is given for
hire. The term "private homes", as used in this chapter shall be taken to mean only such buildings
as are used exclusively for private dwelling purposes. 

Sec. 2-On and after August 1st, 1914, it shall be unlawful to hold any public dance or public
ball, or to hold classes in dancing or to give instruction in dancing for hire in any hall or academy
within the limits of the City of Buffalo, until the dance hall in which the same shall be held
shall first have been duly licensed for such purpose, pursuant to the provisions of this chapter.
Such licenses shall be issued by the Mayor, and in every public dance hall its license shall
be posted in a conspicuous place, near the main entrance. Each license granted hereunder shall
expire on the 1st day of August, next following. 

Sec. 3-The fee for such license, to be paid at the time of the issuing of the license, shall be
at the rate of six dollars per annum for each one thousand square feet of floor space or major
fraction thereof. For periods of less than one year a pro rata fee shall be paid, in no case, however,
to be less than two dollars for each one thousand square feet of floor space or major fraction
thereof. In computing floor space, only that part of the floor actually used or intended to
be used for dancing shall be considered. All moneys received by way of such license fee shall
be paid into the general fund of the city. 

Sec. 4.-No license for a public dance hall shall be issued until it shall be found that such hall
complies with and conforms to all ordinances and regulations for the protection of the public
health, for the safety of buildings and for the protection of the public from fire; that it is
properly ventilated and supplied with sufficient toilet conveniences; that it is a safe and
proper place for the purpose for which it is to be used; and that the owner, lessee or other person
having actual control of the building and of the dance hall is a person of good moral character.
And no such license shall be Issued unless the Health Commissioner, the Chief Engineer of the
Fire Department and the Deputy Building Commissioner shall each have previously certified
to the Mayor in writing that such hall complies with all ordinances and regulations relating
to the department or bureau over which he has charge and supervision. 

Sec. 5-The license of any public dance hall may be revoked by the Mayor for disorderly or immoral
conduct on the premises with the knowledge or consent of the owner or lessee of the hall or his
agent in charge at any dance herd therein; or for the violation of any of the rules, regulations,
ordinances and laws governing or applying to public dance halls or dances. Such license shall
be revoked in the manner provided by the Charter of the City. If at any time the license of a public
dance hall shall be revoked as herein provided, at least six months shall elapse before another
license shall be given, or a permit shall be given for dancing on the same premises. 

Sec 6-All public dance halls shall be kept at all times in a clean, healthful and sanitary condition,
and all stairways and other passages and all rooms connected with a dance hall shall be kept
open and well lighted at all times while dances or balls are being held. 

Sec. 7-The Inspector of dance halls, or in his absence, the Superintendent of Police, any police
captain or lieutenant, or any member of the police force shall have the power and it shall be
their duty respectively to cause a public dance hall where any dance is being held to be vacated
whenever any provision of any ordinance with regard to dances and balls is being violated,
or whenever any indecent or immoral act is committed, or whenever any disorder of a gross, violent
or vulgar character takes place therein, with the knowledge or consent of the owner or lessee,
or his agent, or other person in charge of the dance. 

Sec. 8-Every public dance or ball shall be continuously attended and supervised by a uniformed
member of the police force, or by a special patrolman in uniform, whose duty it shall be to preserve
order and require compliance with all provisions of this ordinance. The owner or lessee of
a dance hall shall pay to the City Treasurer the sum of three dollars for each public dance or
ball held in such hall and attended by a uniformed member of the police force, which sum shall
be paid before the issue by the Mayor of the permit for such dance or ball, and shall be deposited
by the City Treasurer to the credit of the Incidental account of the Police Department and shall
be applied to the payment of the salary or compensation of such member of the force. No such payment
shall be required in cases where a special patrolman is kept in attendance at such dance or ball,
but in such cases the salary or compensation of such special patrolman shall be paid by the owner,
lessee or other person giving or in charge of such dance or ball, and the uniform of such special
patrolman shall also be paid for by such owner, lessee or other person. No special patrolman
shall be permitted to attend or supervise any public dance or ball, as herein provided, until
his employment for that purpose shall have been approved by the inspector of dance halls, nor
shall any such special patrolman be retained in such employment after such continued employment
shall have been disapproved by the Inspector of dance halls or by the Mayor. 

Sec. 9-It shall be unlawful for any person or persons, society, club or organization to hold
a dance or ball within the City of Buffalo except in private homes without having first obtained
a permit therefor from the Mayor. Application for such a permit shall be made at least two days
before the time of said dance or ball, and shall he in the following form, a copy of which may be
secured from the Mayor: 

APPLICATION NO. 

FOR DANCE PERMIT. 

Buffalo, N. Y. , 191 

To the Mayor: 

Sir-The undersigned, on behalf of hereby makes application for a permit to give a dance at No.
Street, on It is hereby expressly agreed that said dance shall be conducted in strict accordance
with the laws and ordinances regulating dances and balls; and the undersigned agree that the
permit is given and accepted subject to the provisions of this application and of Chapter XLVII
of the Ordinances of the City of Buffalo, and that he shall be held responsible for any violation
of any provision of law or ordinance regulating such dance. The owner or lessee of the premises
in which such dance is to be held is No. Street 

(Avenue). 

(Name of applicant) 

(Address) 

(Occupation) 

Sec. 10-All public dances and balls shall be discontinued, and all public dance halls shall
be closed at or before the hour of 12 o'clock midnight provided, however, that upon the application
of a bona fide society, club or organization as defined in Section 16 of this chapter, and after
an Investigation by the inspector of dance halls the Mayor may grant to such society club or
organization, a special permit to continue any dance or ball until a later hour. 

No tickets shall be sold for admission to any public dance or ball after 12 o'clock midnight,
and no return check shall be given or Issued at any time. 

Sec. 11.-It shall be unlawful after nine o'clock p.m. to permit any person to attend or take
part in any public dance or ball who has not actually or apparently reached the age of 16 years,
unless such person be in company with one of his or her parents or a suitable guardian. It shall
be unlawful for any person to represent himself or herself to have attained the age of 16 years
in order to obtain admission to a public trance hall or to be permitted to remain therein, when
such person in fact is under 16 years of age; and it shall also be unlawful for any person to represent
himself or herself to be a parent or guardian of any person, in order that such person may obtain
admission to a public dance, or be permitted to remain at Such public dance, when the person
making the representation is not in fact a parent or guardian of such minor person. 

Sec. 12-No wine, beer or other malt, spiritous or intoxicating liquors shall be sold in or carried
into any dance hall, or in any room directly opening into such dance hall, or upon the same floor
upon which any public dance or ball is being held. 

Sec. 13-The Mayor shall appoint an inspector of dance halls, whose duty it shall be to examine
all applications for dance hall licenses and to investigate each application, to determine
whether or not the dance hall for which a license is sought complies with the regulations, ordinances
and laws applicable thereto, and whether or not the person or persons making such application,
or who is to have charge or supervision of the hall, is or are of good moral character. In making
such investigation, the said inspector shall when desired have the assistance of the Department
of Public Works, the Department of Health and the Fire Department. Such inspector shall furnish
to the Mayor in writing the information derived from such investigation accompanied by a recommendation
as to whether a license should be granted or refused. Such inspector shall have access at all
times to all dances and dance halls except in private homes. He shall investigate complaints
and shall inspect at intervals the dance halls within the city, and shall report in writing
to the Mayor all violations of this chapter and of any ordinance or law. No license shall be renewed
except after re-inspection of the premises in the manner provided herein for an original inspection.

Sec. 14-Any person, persons or corporations who, individually or as officers of any society,
club or corporation, shall violate any of the provisions of this chapter or of any ordinance
with reference to public dances or public balls or to public dance halls, shall, upon proof
of such violation, be liable to a penalty of not less than $5.00, nor more than $50 for each and
every offense, to be recovered in a civil action, or upon being convicted thereof in a court
of criminal jurisdiction such persons shall be subject to a fine of not less than $5.00, nor
more than $50 for each and every offense; and in case the person so convicted does not immediately
pay such fine, he or she shall be committed to the Erie County Penitentiary for the term of one
day for each and every dollar of such fine not paid, not, however, exceeding thirty days. A judgment
for any penalty hereunder may be enforced by execution, as provided in the City Charter; provided
that no person shall be confined in the Erie County Penitentiary for more than thirty days for
one offense 

Sec. 15-Dances and private instruction in dancing given in private homes; dances given by
a bona fide society, club or organization, where the attendance is restricted to the members
of the society, club or organization, who have been such members for more than ten days before
the date of any such dance (provided that where the membership of any such club, society or organization
consists of men only, or of women only, persons of the other sex, to a number not exceeding the
number of members of any such society, club or organization, may be admitted as guests), and
where the dance is merely incidental to the purposes of such society, club or organization,
shall be deemed to be private and not public dances; but notwithstanding this section, no such
private dance or ball, except in private homes, shall be held or given without a permit obtained
as provided in Section 9 of this Chapter. 

Sec. 16-The provisions of section eight of this chapter shall not apply to any regular classes
in dancing, held in licensed dance halls; nor shall the provisions of sections three or twelve,
apply to any bona fide religious, benevolent, charitable, fraternal, singing, musical or
labor society, club or organization, nor shall the provisions of sections three or eight apply
to a bona fide social settlement or social center, nor to a bona fide club formed in connection
with such a social settlement or social center: and which shall hold or give a dance or ball as
merely incidental to the purposes for which it is forme.d Provided, however, that all dances
given by any such society, club or organization shall be given or held in a licensed dance hall,
and provided further, that buildings owned by the City of Buffalo, in which dancing shall be
authorized or permitted, shall be deemed licensed dance halls for the purposes of this chapter.

Sec. 17-The provisions of this chapter shall have no application to dances held in State Armories
by the members of the organizations quartered therein. 

Sec. 18-No permit shall be issued for a public dance or public balls to be held on Sunday. 

Sec. 19-The Mayor may make and publish reasonable rules and regulations governing the manner
in which public dances or balls shall be conducted, subject to the provisions of law and of the
ordinances of the city. 

D. J. SWEENEY, City Clerk.