§ 14-121. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverage means any fluid, or solid capable of being converted into a fluid, suitable for human consumption and having an alcoholic content of more than one-half of one percent of alcoholic volume.

Beer means a malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and shall not be inclusive of any beverage designated by label or otherwise by any other name than beer.

Cabaret means any room, space, structure, building, resort open to the public, enclosed or unenclosed, where food or beer or wine, or other alcoholic beverage is served on the premises, including restaurants and cafes, and where patrons are provided with a space for dancing, or are permitted to dance.

Dancing means a series of rhythmic and patterned bodily movements usually performed to music; motion that arises from emotion.

Dancing school/studio means any room, place, space, building or academy in which classes in dancing are held and instruction in dancing is given for hire.

Municipal dance means any dance sponsored by an agency or political subdivision, including but not limited to the city, county, state or federal government. A dance held in buildings owned or under the control of such governmental or municipal agency is deemed a municipal dance.

Operator (dance hall operator) means the person who conducts, manages, maintains or controls, either directly or indirectly, any dance hall as defined and designated in this article.

Permittee means any holder of a permit issued under this article, whether acting as principal, agent, or employee.

Person financially interested means, for a corporation, any person who is an officer or a director of a corporation or a shareholder holding more than ten percent of the shares thereof and for a noncorporate business shall include any person who shares in the profits of the business on the basis of gross or net revenue but not including any person who receives a portion of such gross or net revenue in return for the privilege or permitting any other persons to maintain any amusement, such as dancing, in their place of business.

Private dance means a dance given at any home or any dance given or held by a club, admission to which is granted to members and their invited guests and from which the general public is excluded.

Public dance means 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 any other dance to which the public generally may gain admission with the payment of a fee directly or indirectly, or without payment of a fee.

Public dance for minors means any public dance at which minors are permitted on the premises as patrons.

Public dance hall means any room, place, space or building where a public dance is held or conducted.

Resident means, for the purposes of the neighborhood petition requirements of section 14-159, a person or his agent owning property within a radius of 300 feet of the proposed location; a head of a household of a dwelling unit located within a radius of 300 feet of the proposed location; or a person operating a business located within a radius of 300 feet of the proposed location.

Taxi dance hall means any place where persons are permitted or employed to act as dancing partners for customers who pay a fee for the privilege of dancing with such persons, regardless of whether such fee is on a per dance basis, a time basis, or any other basis; provided that the term "taxi dance hall" shall not apply to bona fide private dancing schools offering regular courses of instructions in dancing to pupils regularly enrolled in such schools.

Teenager means any person over the age of 13 years and under the age of 18 years.

Teen club means an establishment, including discotheques, having a minimum entertainment floor area of 5,000 square feet, with or without providing live entertainment and/or a permanent area for dancing and which may not serve food. The entertainment floor area shall be composed of a nonalcoholic wetbar, dance floor and/or live entertainment stage area, and table area. No alcoholic beverages shall be possessed, sold, served, or consumed on the premises.

Wine means the product obtained from the alcoholic fermentation of the juice of sound ripe grapes, fruits, or berries.

(Code 1956, §§ 63-25.1, 63-27)

Cross reference

Definitions generally, § 1-2.