§ 6-252 — Definitions

Sec. 6-252. - 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: Adult dance hall means any dance hall that admits patrons 18 years of age or older. Breach of the peace means repeated acts that disturb the public order, including, but not limited to, homicide, assault, affray, communicating threats, unlawful possession of dangerous or deadly weapons, and discharging firearms. Chief of police means the chief of the Charlotte-Mecklenburg Police Department, or his designee. City manager means the city manager, or his designee, who shall not be an employee of the Charlotte-Mecklenburg Police Department. Conviction and convicted mean a finding of guilt for a violation of a municipal or county ordinance or state or federal law, an adjudication withheld on such a finding of guilt, an adjudication of guilt on any plea of guilty or nolo contendere, or the forfeiture of a bond or bail when charged with a violation of a municipal or county ordinance or state or federal law. Dance hall means any place or area of property where a dance(s) open to the public is held which allows admission by payment of a direct or indirect charge, fee, donation, or any form of consideration, or by the purchase, possession, or presentation of a ticket or token. Notwithstanding the foregoing, a "dance hall" does not include: (i) a private residence or residential facility from which the general public is excluded. A private residence does not include a structure primarily designed as a warehouse or storage structure, regardless of whether an individual is living within the structure; (ii) a place owned and operated by the federal, state, or local government; (iii) a public or private elementary school, middle school, high school, college, or university; (iv) a place owned or operated by a bona fide religious or charitable organization, created, organized, existing, and recognized as such pursuant to all applicable laws; or (v) any establishment or place that is regulated by the alcoholic beverage control laws as set forth in G.S. ch. 18B, provided that it does not remain open or operate between the hours of 2:30 a.m. and 7:00 a.m. Dance hall regulations means the regulations set forth in this article. Employee describes and pertains to any person who performs any service or entertainment upon the premises of a dance hall business, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and regardless of whether or not the person is paid a salary, wage, or other compensation by the owner or operator of the business. The term "employee" does not include a person exclusively on the premises for any of the following: (1) The repair or maintenance of the premises; (2) The delivery of goods to the premises; or (3) The delivery of services, such as legal, accounting, insurance, or other similar services provided to businesses generally. Juvenile means a person under 18 years of age. Juvenile dance hall means any dance hall whose patrons or admittees are under 18 years of age. Knowingly means with actual knowledge of a specific fact or, with reasonable inquiry, a reasonable person should have known a specific fact. Operator means and includes any person who is both present on and in charge of any dance hall business premises. Owner means the legal owner of a dance hall business and includes the following: (1) The owner of a sole proprietorship; (2) Each member of a firm, association, or general partnership; (3) Each general partner in a limited partnership; or (4) Each officer, director, and owner of 50 percent or more of the stock of a corporation. Permit and dance hall permit mean a permit to operate a dance hall. Permittee means a person in whose name a permit to operate a dance hall has been issued, as well as the individual listed as an applicant on the application for a dance hall permit. Premises means the interior of a structure and all exterior areas owned or leased by the permittee. Residential facility means a detached duplex, triplex, quadraplex, attached or multifamily dwelling, manufactured home, mobile home, group home for up to six clients, boardinghouse, or dormitory. A residential facility specifically excludes any structure that primarily functions as a warehouse or storage structure, regardless of whether an individual is residing within the structure.

(Code 1985, § 6-157; Ord. No. 5951, § 1, 6-8-2015)