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Home My WebLink AboutORD 1937-113i -__ BY AUTHORITY COUNTY OF HAWAII, TERRITORY OF HAWAII AN ORDINANCE RELATING TO DANCE HALLS OR HOUSES Ordinance No. 113 BE 1T ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUN- TY OF HAWAII: Section 1. Public Dance House or Hall-Dehnition. A public dance house or hall within the meaning Of this ordinance is any house, hall, building or room used for public dancing, for admission to which fees are charred m~ collected, whether directly for tickets or indirectly in any manner by way of cover charges, fees Cor Partners or other ,charges of any nature whatsoever; provided, however, church halls m• club houses or halls, wi~.ich are oc- casionally used for dances given by members of chw~ches or members of duly organized clubs, not purFOSe- ly formed for eonductinfi a public, dance house or hall, are not includ- ed within the meaning of this Sec- tion or the provisions of this Or- dinance; provided, however, a license fee of One Dollar ($1.00) shall be paid to the Treasurer of the County of Hawaii Yor each day or night when dances are held in sucCt church halls or club houses or Lolls to which admission charges or tees are collected. Section 2. License. It shall be unlawful for any person to keep or conduct a public dance house or hall in the County of Hawaii, unless licensed so to do. Section 3. Appli.cstion for license. Any person desiring to keep or con- duct apublic dance house or hall in the County of Hawaii shall make application therefor in writing veri- fied under oath [o the Treasurer oP the County o4 }Iawaii, which appli- cation shall set fortf--~:- a. 'Phe Pull name and a+idress of the applicant, i4 an individual, and, iP a firm, corporation or club, the full name and address of the prin- cipal officers, including, in say event, the fall name and address of the person who is to he responsible Por the conduct of dances in said dance house or hall; b. 'the accupatioa of the appli- cant; o. A brief description of the Place and location of the public dance house or hall for whfch a lic- ense is desired; d. Tho full name and zddress oP the owner of such place, or of the person or persons in control oP said premises; e. The term 1'm~ which the appli- cant desires a license, [hat is, whe- ^ier for one day, several days, a month or a year; f. A statement under oath that. neither the applicant, the person to have charge oP Ute public dances nor any person intended to be em- ployed drove been convicted of any offense against the laws of the Ter- ritory of Hawaii or the United States of America involving moral turpitude or intoxicating liquors; Section 4. Location oC Dance House or Hall. Every public dance house or hall shall be located next to and adjacent or contiguous to a public road or high-way, or in a buildlnK located nest [o and ud- jacent or contiguous to a Public road or high-way. Section 6. Consent of Property Owners. No license shall be issued Yor a public dance house or hall un- less there shall first be presented to and filed with the Treasurer of the County of Hawaii the written consent verihed under oauh of the owners of seventy-five percent of the property within x radius of twd hundred and fifty feet of the center of such dance house or hall or any proposed dance house or hall. No property owner shall be considered as having consented unless and um tit any and al] lessees of any pro- perty, [he owner of which is requir- ed to consent, shall have joined with such owner in a written consent to the issuance oT such license; Section 6. Written Permit. Every application for a license shall have attached W it a written permit set- ting forth the Cact that the dance house or hall is fit and in Proper condition Por dances to be held therein, and which written permit shall be duly signed and approved by the Building Inspector of the County of Hawaii, the Fire Ct~ieF of the Hilo Fire Department or a Deputy Fire Marshall of the Terri- tory of Hawaii and the Board of 7fealth or its duly appointed agent. Section 7. Issuance of License. 47;hen Ute application, written con- sent and written permit mentioned above have been filed by [he appli- cant and accepted by the Treasurer oP the Connty of Hawaii, or a De- puty Sheriff duly authorized by said Treasurer as provided by Section 8 of this Ordintence, the applicant. Shall pay the tee herein, fter speci- fied to said Treasurer or the Deputy Sheriff for the term or terms stated in the application; and then the said 'Creasurer or the Deputy Sheriff shall issue a license to operate the described house or hall as a public dance house or hall for the term or terms for which the fees have been said. Section 8. The Treasurer of the County of Hawaii may authorize any Deputy Sheriff to a.et for and on his behalf. Section 9. License Fees. The an- nual fee Yor a license to operate a public dance house or hall for one year shall be Fifty Dollars ($50.00); the fee for thirty (30) days shall be Fifteen ($1500) Dollars; and Ure fee Cor one day or night or for any number of days or nights less than thirty (30) days shall be at the rate of One ($1.00) Dollar per ilay or per night. All fees shall be payable in advance prior to the is- suance of a license. Section 10. Conditions of License. All licenses to operate a public dance house or hall shall be sub- ject to the following conditions which shall be written and placed upon the license; a. .Che dance house or hall and the premises shall be brightly liK~ht- ed during x11 the time it is in use. b. No undue familiarity between partners shall be permitted at any dance. No violation of law shall be allowed or countenanced in any dance house or hall. c. No person under the influence of liquor shall be permitted [o be or remain in said dance house or hall or upon Uie premises used in con- nection therewith. d. Dancing shall cease at one (I) o'clock A.M, excepting on 9a- tm~days when dancing shall cease at midnight. e. No person 6IhaI1 be employed with the conduct or operation of each public dance house or hall, who has been convicted oY any of- fense involving immorality, moral turpitude or intoxicating liquor, or who is under the age oY eighteen (18) years. f. There shall be employed and 6e present at such public dance house or hall when dances are be- ing carried on one person, who shall 6c approved in writing by the Sheriff of the County of Haw,ui or Lis Deputy. The duties of the per- son so employed shall be to keep order and eul'orce the observance of law and the conditions oP the lic- ense. g. No fen}ale shall be permitted to dance, as a dancing partner, in say public dance house or hall, un- til she produces or shows a birth certiScate or other dooumentary proof to the holder of a license or hie manager and to the person em- ployed as provided in the foregoing paragraph (P) that she is over the age oC eighteen (18) years. Section 11. The Treasurer of the County oP ]Iawaii shall requite the licensee to furnish a bond to the County oY Hawaii in the sum of Five Hundred ($500.00) Dollars for the faithful observance of law end or- der in such Public dance horse or hall and of the conditions oP the license. Section 12. The Sheriff, deputy sheriffs, any regular police offi,cor of the County, Members of tfte Board of Health and or oP the Fire Department of the City of Hilq and any County official, may at any time enter any public dance house or hall for the purpose of inapect[ng the conditions therein. Section 13. License and Condi- tions to be Displayed. Any license issued under this Ordinance shall be displayed in a conspicuous place upon the premises for which said license is issued. Section 14. No person attending any public dance house or hall shall take to or into said public dance house or hall any intoxicating liquor wtttatsoever; and no person shall drink or consume any intoxicating liquor in any public dance house or hall or any premises connected therewith. Section 15. Children under eigh- teen, prohibited. It shall be unlaw- ful for any ]ioenaee of any public dance house or hall, or any agent or servant of such lioenaee, Yo permit children under the age of eighteen (IR) years to visit or remain in a public dance house or hall during its use Por dancing. Section Y6. Penalties. Any per- son who shall violate any of the provisions of Uhis Ordinance, or who shall operate or assist in the opera- tion oY a public dance house or hall without a license, shall bo punished by a fine not exceeding Five Hun- dred Dollars ($500.00). And in the event any licensee or any owner oY any public dance house or hall shall be convicted of any misdemeanor under this Ordinance, then in addttfon to the penalties hereinbetore expressed the Judge or District Magistrate in imposing sentence may suspend or revoke the license of such person and may pre- scribe any period not more than one (1) pear during wihich such person may be prohibited Yrom obtaining any license under this ordinance; and the Judge or District Magistrate may suspend the use of such public dance house or hall Yor dances for any period of time not exceeding one (1) year. Section 17. The Treasurer of the CounCy of Hawaii may revoke any license issued under this Ordinance upon a Proper showing being made to him that any of the conditions oY said license have been violated by the holder thereof or any of his servants, agents or employees; or Chat there has been rowdyism flghts or intoxicating liquor furnished or consumed in and upon the premises, dance house or hall for which a license has been issued for the use thereof. Section 18. This Ordinance shall take effect on January 1st A. D. 193R. Introduced by: (Sgd.) T. M. CUNNINGHAM Supervisor, 1st RepresentaCivo District Dated at Hilo, Hawaii, Gct. 7, 1937. '1'I:1[I:ITIIL'1 OF llA1VAII) l'U f'N'IT OB' HAWAII ) ss. I Ilbatl9 L'1" CPsR'L'Ih'Y that the forcgoiu;; Urtlimm~•e wxs regularly considered xt a meeting oY the P.oard aY Supervisors of the Coun- tc of Iiawuii, hrld at the County drat nprm the -tth day of November, A. U. tUa 7, am] upon being Put to vole said llydiuauee was adopted by a majority of the Supervisors at aiUd Inl'YCIII~, IN AC I'I'N1:SS wII F.IlIsUP, I have IleremnU set my h:u~d and affixed the seal of the CawVy of Hawaii upon thl.< ~Ch day of Nocemher, A. 71. 19x7. (SI?Al.) (Sd.) ALP Iil?Il S. FIIbIALAE, ('aunty ('lerl: of 4he County' of H:Lw'.All