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HomeMy WebLinkAboutORD 7112 AMEND CITY CODE DANCE HALL ORD SECTION 6-6-43 " \ ORDINANCE NO. 7112 AN ORDINANCE TO AMEND THE AUGUST A, GA. CODE, TITLE SIX, ARTICLE THREE RELATING TO THE DANCE HALL ORDINANCE KNOWN AS "SECTION 6-6-43"; TO REQUIRE APPLICANTS TO RECEIVE THE CONSENT OF THE AUGUST A-RICHMOND COUNTY COMMISSION TO OPERATE WITHIN AUGUSTA-RICHMOND COUNTY; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta Richmond County is a home rule municipality pursuant to O.C.G.A. 936-35-8; WHEREAS, Augusta-Richmond County Commission deems it necessary to regulate business tax certificates issued to dance halls and to promote the health, moral interests, and public safety of its community and citizens; WHEREAS, based on the foregoing, the Honorable Jerry Brigham, Commissioner, recommends that applicants for business tax certificates for dance halls be required to obtain the approval of Augusta- Richmond County Commission prior to a business tax certificate being issued. THE AUGUSTA-RICHMOND COUNTY COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA. CODE Title Six, Article 3, 96-6-43 as set forth in Ordinance No. 5906, enacted March 18, 1997, is hereby amended by repealing it in its entirety, and inserting in lieu thereof subsections (a) through (h) as set forth in "Exhibit A" hereto. SECTION 2. This ordinance shall become effective upon its adoption In accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this --3-- day of Harc.h ,2009. ( 9--*if David S. Copenh er As its Mayor 1st readingFeb 17, 2009 Seal: ,.'. t~ ':: .) ,) .."... ,~ ,;< '-.1 ,\. :, ,_ '., ,__ ~~r ~ ,(; r, ':..erk'<9rCO~l'l1issi9ftJ ;/ t'-(f~... \o.\~ Oc , h:;..oI, c~}:I.) ,(:; ,I- 00CI.;)C-O~~ <~;? '~4;~~ ...GEt)1:JJ~:'=~~'~;S~;' ~~'-':"'Q~"\'~~~~ Publish in the Augusta Chronicle March 19, 2009 G) CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on -In~ ~ ' 200g9and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopt d in the fore ing meeting(s). Published in the Augusta Chronicle. Date: 1n~ Jf/ ;2a?J Repealed. See. (J (J 43. Danee halls. (a) Defined. Dance hall means a location v,here music, \\'hether live or recorded, is played or othef\vise provided for the purpose of dancing by the patrons of the location, or 'Nhere such dancing is allowed or permitted. (b) Business tax certificate required. lillY person, firm or corporation '.yho docs business in .^...ugusta Richmond County as a dance hall shall, before engaging in such business, obtain a business tax certificate in accordance with the f'...ugusta Richmond County Code. (c) Regukltory fee. ..-\ny person, firm or corporation who does business in l...ugusta Richmond County as a dance hall shall, beforc engaging in such business, pay such regulatory fee as is proyided in section 2 1 3(c) of the .^...ugusta Richmond County Code. (d) Right of suspension by License & !nspeetion Department. The License & Inspection Department shall have the right to suspend any business tax certificate issued under this chapter wheneyer a person, firm or corporation doing business shall deviate from the normal opemtion for which the business tax certificate vias obtained or fails in performance to meet the required regulations and code as set forth by the License & Inspection Department, sheriffs department or health department; or yiolates any 1m" or ordinance of the United States, or the state or Augusta Richmond County, in pursuance of such business conducted under such business tax certificate; or when it shall be proven before the License & Inspection Department that there is a violation of a nuisance 1m\'; or ',',hen the health, morals, interests and convenience of the public demand the suspension of sueh business tax certificate. The License & Inspection Department shall report the suspension of such business tax certificate to the next regular or called meeting of the Commission; then the business tax certificate shall be suspended, placed on probation, permanently revoked, or othef\',ise it shall be restored and remain in full force. (e) Penaltyfor 'v'iolation of EH'tiek. ..-\11 persons, firms or corpomtions failing to comply with the mandatory provisions of this article or doing any act prohibited in this article shall be guilty of an offense, and, upon trial as a misdemeanor and conviction, shall be punished by a fine in an amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment in the .\ugusta Richmond County jail for a period not in excess of sixty (60) days. Sec. 6-6-43. Dance halls. (a) Defined Dance hall means a location where music. whether live or recorded. is nlaved and/or otherwise nrovided for the nurnose of dancinl! bv the natrons of the location. or where such dancinl! is allowed or nermitted. (b) Avvlication. A written annlication to the AUlwsta-Richmond County Commission for a license under this Ordinance shall be made on forms annroved bv the AUQusta-Richmond Countv Commission. All Questions and information reQuired bv the annlication form should be filled in and subscribed to bv all annlicants. under oath. and shall disclose amonQ other information whether the annlicant has been convicted of anv crime. misdemeanor or a violation of anv municinal ordinance (excent minor traffic violations) in anv state. county. municinal or federal court. and the narticulars of same: the nrior business of annlicant for the nast ten (10) years: names and addresses of three (3) nersons who have known annlicant for the nast five (5) years: whether the interest of annlicant is total. nartial. or exact extent of same. and. if nartial. the names and addresses of all others havinQ a nartial interest in said business and the extent of such interest: and such other and further information as the Commission shall deem necessary. (c) Insvection of avvlication bv license insveetor: investieation bv sheriff: vrovision of information to license & insvection devartment uvon reauest. An annlication under this Ordinance shall be sworn to and directed to the Director of License & Insnection for AUQusta- Richmond Countv. who shall insnect the annlication and refer same to the AUQusta-Richmond County Sheriff. who shall investiQate the character and renutation of the ann Ii cant. owners. nartners. officers of the corooration. shareholders. manaQers. emnlovees. and others associated with the annlication. and the suitabilitv of the location for the dance hall. (1) All annlicants shall furnish all data. information and records reQuested of them bv the License & Insnection Denartment and/or the AUQusta-Richmond Countv Sheriffs Denartment. and failure to furnish such data. information and records within thirty (30) days from the date of the reQuest shall automatically serve to dismiss. with nreiudice. the annlication. Annlicants. bv filinQ an ann Ii cation. aQree to nroduce for oral interroQation any nerson or nersons involved in any transaction nertinent to the annlication or any evidence relevant to the annlication as may be reQuested bv the AUQusta-Richmond Countv License & Insnection Denartment or the AUQusta-Richmond County Sheriffs Denartment. Failure to nroduce such evidence. nerson or nersons within thirty (30) davs after beinQ reQuested to do so shall result in the automatic dismissal of the ann Ii cation. (d) Commission Avvroval. No nerson shall onerate a dance hall within the limits of AUQusta- Richmond County without first receivinQ a favorable action from the Board of Commissioners. The AUQusta-Richmond Countv Commission shall have the riQht to determine whether the annlicant or location for the nronosed dance hall is nroner and annronriate. (e) Business tax certificate reauired. Anv nerson. firm or corooration who does business in AUQusta-Richmond County as a dance hall shall. before enQaQinQ in such business. obtain a business tax certificate in accordance with the AUQusta-Richmond Countv Code. (f) Reeulatorv fee. Anv nerson. firm or corooration who does business in AUQusta-Richmond County as a dance hall shall. before enQaQinQ in such business. Day such reQulatorv fee as is nrovided in section 2-1-3(c) of the AUQusta-Richmond Countv Code. . (l!) Rieht of susvension bv License & Insvection Devartment. The License & Insoection Deoartment shall have the ril!ht to susoend anv business tax certificate issued under this chaoter whenever a oerson. firm or corooration doinl! business shall deviate from the normal ooeration for which the business tax certificate was obtained or fails in oerformance to meet the reauired rel!ulations and code as set forth bv the License & Insoection Deoartment. AUl!usta-Richmond County Sheriffs Deoartment or AUl!usta-Richmond Countv Health Deoartment: or violates any law or ordinance of the United States. or the state or AUl!usta-Richmond Countv. in oursuance of such business conducted under such business tax certificate: or when it shall be oroven before the License & Insoection Deoartment that there is a violation of a nuisance law: or when the health. morals. interests and convenience of the oublic demand the susoension of such business tax certificate. The License & Insoection Deoartment shall reoort the susoension of such business tax certificate to the next rel!ular or called meetinl! of the Commission. The Commission in shall determine whether the certificate-holder will be susoended. olaced on orobation. oermanentlv revoked. or otherwise it shall be restored and remain in full force. (h) Penaltv for violation of article. All oersons. firms or coroorations failinl! to comolv with the mandatorv orovisions of this article or doinl! anv act orohibited in this article shall be l!uiltv of an offense. and. uoon trial as a misdemeanor and conviction. shall be ounished bv a fine in an amount not to exceed one thousand dollars ($1.000.00) and/or imorisonment in the AUl!usta- Richmond Countv iail for a oeriod not in excess of sixtv (60) days.