DANCEHALL BUSINESSES

Charlotte City Code ch. 6, art. III

in effect

Charlotte City Code § 6-251 Purpose and authority.

Sec. 6-251. - Purpose and authority. It is the purpose of this article to: (1) Regulate the dancehall business in order to promote the health, safety, and welfare of the citizens of the city; and (2) Establish reasonable and uniform regulations to prevent the harmful effects associated with late night dance establishments and "raves." (Code 1985, § 6-156)

Charlotte City Code § 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)

Charlotte City Code § 6-253 Permit required; application for permit.

Sec. 6-253. - Permit required; application for permit. (a) No adult or juvenile dancehall shall be allowed to operate without a valid dancehall permit issued by the chief of police. It shall be unlawful for any person to operate or cause to be operated a dancehall without the permit or without the presence of an operator who has been disclosed pursuant to subsection (b)(9) of this section. (b) An application for a permit must be made by the owner of the business on a form prescribed by the chief of police and submitted to the Charlotte-Mecklenburg Police Department Vice and Narcotics Bureau. The completed application shall contain the following information and shall be accompanied by the following documents: (1) The full true name of the applicant; (2) The full true name under which the dancehall business will be operated and, if the business will be operated in a name other than that of the applicant, a certified copy of the assumed name certificate prepared and recorded in the office of the county register of deeds pursuant to G.S. 66-68 et seq.; (3) The type of dancehall business the applicant intends to operate; (4) Whether the applicant intends to serve alcoholic beverages at the dancehall business and/or apply for an ABC permit; (5) The address where the dancehall business is to be operated and where the books and records are maintained and available for examination by the tax collector, pursuant to section 13-39 of this Code; (6) If the owner of the real property upon which the dancehall business is to be operated is not the applicant, the name and address for the owner of the real property upon which the business is to be operated and a copy of the lease or rental agreement; (7) The principal telephone number to be used by the dancehall business; (8) If the applicant is: a. An individual, the applicant shall appear in person and deliver a completed and signed application form and provide the following information: 1. His present residence and business addresses and telephone numbers; 2. A valid driver's license or other government-issued picture identification; 3. Social security number; and 4. Date of birth, to include month, day, and year; b. A partnership, corporation, or limited liability company, the applicant shall designate one of its general partners, officers, or managers to act as its agent. Such person shall appear in person and deliver a completed and signed application form and shall provide the following information: 1. His present residence and business addresses and telephone numbers; 2. A valid driver's license or other government-issued picture identification; 3. Social security number; and 4. Date of birth, to include month, day, and year; c. A partnership: 1. The name, residence address and telephone number, social security number, and date of birth, to include month, day, and year, of each partner, including limited partners; and 2. A copy of the partnership agreement. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. d. A corporation: 1. A certified copy of the articles of incorporation, a certified copy of the certificate of authority, and a certified copy of the most recent annual report flied with the secretary of state; 2. The name, residence address and telephone number, social security number, and date of birth, to include month, day, and year, of each of its current officers and directors, and of any stockholder holding 50 percent or more of the stock of the corporation; and 3. The name and address of the corporation's registered agent for service of process. e. A limited liability company: 1. A certified copy of the articles of organization, a certified copy of the certificate of authority, and a certified copy of the most recent annual report filed with the secretary of state; 2. The name, residence address and telephone number, social security number, and date of birth, to include month, day, and year, of each of its current members, and of any member holding 50 percent or more interest in the company; and 3. The name and address of the corporation's registered agent for service of process. (9) The name, residence address and telephone number, social security number, and date of birth, to include month, day, and year, of each individual who will be an operator of the business; (10) A federal tax identification number assigned to the dancehall business and a completed tax information authorization form (IRS Form 8821) authorizing only the verification of such number; and (11) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch need not be to scale but must provide accurate measurements. (c) The application shall be sworn to be true and correct by the applicant. (d) The applicant shall indicate whether the application is for a juvenile dancehall or an adult dancehall. (e) An applicant for a permit under this section shall have a continuing duty to promptly supplement the application information required by this section if the information changes in any way from what is stated on the application. The applicant shall supplement the application on file with the vice and narcotics bureau within 30 days from the date of such change. (f) If the vice and narcotics bureau determines or learns at any time that the applicant has improperly completed the application for a dancehall permit, it shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application. (g) The applicant shall be required to pay a nonrefundable application and investigation fee established by the city manager. (h) Issuance of a dancehall permit does not excuse a permittee from compliance with any other applicable ordinance, regulation, or statute. By issuing a dancehall permit, the chief of police has not determined that the recipient is in compliance with any applicable local, state, or federal regulation or law or that the recipient is otherwise engaged in a legal activity or operating a business in a legal manner. (Code 1985, § 6-158)

Charlotte City Code § 6-254 Issuance of permit.

Sec. 6-254. - Issuance of permit. (a) Within 30 days after receipt of a completed application for a dancehall permit, the chief of police will approve or deny the application for a permit. Upon the expiration of the 30th day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating a dancehall unless and until the chief of police notifies the applicant of a denial of the application and states the reason for the denial. (b) The chief of police shall deny the application for any of the following reasons: (1) An applicant or any individual identified in the application under section 6-253(b)(8) or (9) is under 18 years of age; (2) The application and investigation fee has not been paid; (3) An applicant or any individual identified in the application under section 6-253(b)(8) or (9) has refused to allow an inspection of the premises as authorized by section 6-256; (4) An applicant or any individual identified in the application under section 6-253(b)(8) or (9) has overdue permit fees associated with the operation of a dancehall business; (5) An applicant or any individual identified in the application under section 6-253(b)(8) or (9) has a permit under this article that is suspended or revoked; (6) An applicant failed to provide the information necessary to determine the qualifications of the applicant or any individual identified in the application under section 6-253(b)(8) or (9) for issuance of the permit, or provided materially false or misleading information on the application form; (7) An applicant or any individual identified in the application under section 6-253(b)(8) or (9) has been convicted of a crime: a. Involving: 1. Any felony; 2. Any misdemeanor offense of or equivalent to G.S. 14-190.9, indecent exposure; G.S. 14-202, secretly peeping into room occupied by female person; G.S. 14-33, assault; G.S. 14-34, assault by pointing gun; G.S. 14-32.1, assault on handicapped person; G.S. 14-288.9, assault on emergency personnel; G.S. 14-318.2, child abuse; G.S. 14-401.14, ethnic intimidation; G.S. 14-277.1, communicating threats; G.S. 14-196, harassing phone calls; G.S. 14-277.3, stalking; G.S. 14-269, carrying concealed weapon; G.S. 14-269.7, possession of handgun by minor; G.S. 14-315.1, storage of firearm to protect minors; G.S. 14-269.3, carrying weapon where alcoholic beverages are sold and consumed; G.S. 14-277.2, weapons at parades; G.S. 14-204, 14-204.1, prostitution, loitering for prostitution; G.S. 14-190.5, preparation of obscene photographs; G.S. 14-190.14, 14-190.15(a), displaying/disseminating material harmful to minors; G.S. 14-190.15(b), exhibiting harmful performances to minors; G.S. 14-316.1, contributing to the delinquency of a minor; any misdemeanor offense under G.S. 90-86—90-113.249; 3. Common law offenses of false imprisonment or going armed to the terror of the people; or 4. Any violation of any of the sections of this article or any violation of dancehall regulations of any other city, county, or state. b. For which: 1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is for a misdemeanor offense; 2. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is for a felony offense; or 3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the convictions are for two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period. An applicant who has been convicted of an offense listed in subsection (b)(7)a of this section may qualify for a dancehall permit only when the time period required by subsection (b)(7)b of this section has elapsed. The fact that a conviction has been appealed has no effect on the denial of the permit; or (8) The application demonstrates or reveals information showing that the proposed business fails to meet the requirements of this article. (c) The permit must be posted in the dancehall in a conspicuous place at or near the entrance to the business so that it can be read easily at any time. (Code 1985, § 6-159)

Charlotte City Code § 6-255 Annual permit fee.

Sec. 6-255. - Annual permit fee. The annual permit fee of a dancehall business shall be established pursuant to section 2-1 of this Code. (Code 1985, § 6-160)

Charlotte City Code § 6-256 Inspection.

Sec. 6-256. - Inspection. An applicant or any individual identified in the application under section 6-253(b)(8) or (9) shall permit representatives of the Charlotte-Mecklenburg Police Department to inspect the dancehall premises for the purpose of ensuring compliance with this article prior to the issuance of a permit under this article. (Code 1985, § 6-161)

Charlotte City Code § 6-257 Notices.

Sec. 6-257. - Notices. Any notice required or permitted to be given by the chief of police or the city manager under this article to any applicant, permittee, owner, or operator of a dancehall business may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, to the most current address as specified in the application for the permit or any notice of change of address which has been received by the chief of police. Notices mailed as provided in this section shall be deemed given upon their deposit in the United States mail and shall be presumed to have been received on the third regular postal delivery day thereafter. (Code 1985, § 6-162)

Charlotte City Code § 6-258 Notice of violation and suspension of permit.

Sec. 6-258. - Notice of violation and suspension of permit. (a) The chief of police shall issue a notice of violation if he determines that a permittee, owner, operator, or employee has violated or is not in compliance with any section of this article. The notice shall specify the section of this article that has been violated. (b) The chief of police shall suspend a dancehall permit for a period of 30 days if the violation has not been corrected or abated within 20 days after the notice of violation has been received by the permittee, owner, or operator. (c) A decision by the chief of police to suspend a license shall not become final until 20 days after notice of the decision has been received by the permittee, owner, or operator. (d) It shall be unlawful for any person to operate or cause to be operated a dancehall business and such person knows or should know that the business has a permit which has been suspended. (Code 1985, § 6-164)

Charlotte City Code § 6-259 Revocation of permit.

Sec. 6-259. - Revocation of permit. (a) The chief of police shall revoke a dancehall permit if a suspension of the permit becomes effective following a notice of violation that was issued within 12 months of the effective date of a previous suspension. (b) The chief of police shall revoke a dancehall permit if he determines that: (1) An applicant or permittee provided materially false or misleading information in the material submitted in the application process; (2) A permittee, owner, operator, or employee has knowingly allowed the sale, possession, or use of controlled substances in or on the premises; (3) A permittee, owner, operator, or employee of an adult dancehall has served alcoholic beverages to a patron in or on the premises in violation of G.S. ch. 18B; (4) A permittee, owner, operator, or employee of a juvenile dancehall has knowingly allowed the sale, possession, or use of any alcoholic beverages in or on the premises; (5) A permittee, owner, operator, or employee of a juvenile dancehall has engaged in the consumption or use of alcoholic beverages or controlled substances in or on the premises; (6) A breach of the peace has occurred in or on the premises; (7) A permittee, owner, operator, or employee has knowingly permitted dancing or a live performance in or on the premises during a period of time when the dancehall permit was suspended; or (8) A permittee, owner, or operator is convicted of an offense listed in section 6-254(b)(7)a since the permit was issued. The fact that a conviction is being appealed shall have no effect on the revocation of the permit. (c) A decision by the chief of police to revoke a permit shall not become final until 20 days after the permittee, owner, or operator has received notice of the decision. (d) When the chief of police revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a dancehall permit for one year from the date the revocation became effective. (e) It shall be unlawful for any person to operate or cause to be operated a dancehall business and such person knows or should know that the business has a permit that has been revoked. (Code 1985, § 6-165)

Charlotte City Code § 6-260 Appeal of denial, suspension, or revocation of permit.

Sec. 6-260. - Appeal of denial, suspension, or revocation of permit. (a) After a denial of an application for a dancehall permit, a denial of an application for renewal of a dancehall permit, or a suspension or revocation of a dancehall permit, the applicant or permittee may appeal the denial, suspension, or revocation in writing to the city manager within 20 days after notice of the denial, suspension, or revocation has been received. The city manager shall hold a hearing on whether to issue/renew the permit or uphold the denial, suspension, or revocation within five days after the receipt of the appeal. The applicant or permittee shall have the right to present evidence at the hearing. The decision to issue/renew the permit or uphold the denial, suspension, or revocation shall be based solely on the criteria set forth in this article. The city manager shall render a decision on the appeal within five business days after the date of the hearing. (b) Upon receipt by the city manager of a written appeal pursuant to subsection (a) of this section, a denial of an application for renewal of the permit or a suspension or revocation of the permit shall be stayed until a decision is rendered by the city manager. In addition, upon receipt by the city manager of a written appeal pursuant to subsection (a) of this section, the denial of an initial application for a permit by any dancehall existing prior to the effective date of the ordinance from which this article derives shall be stayed until a decision is rendered by the city manager. (c) The decision of the city manager is subject to review in the superior court of the county by proceedings in the nature of certiorari. Any petition for a writ of certiorari for review shall be filed with the clerk of superior court within 30 days after notice of the decision has been received by the applicant or permittee. A denial of an application for renewal of the permit or a suspension or revocation of the permit shall be stayed until a decision is rendered by the superior court or the time to petition the superior court for a writ of certiorari has expired. In addition, the denial of an initial application for a permit by any dancehall business existing prior to the effective date of the ordinance from which this article derives shall be stayed until a decision is rendered by the superior court or the time to petition the superior court for a writ of certiorari has expired. The following shall apply to any appeal to superior court from a decision of the city manager: (1) Unless good cause exists to contest a petition for a writ of certiorari, the city shall stipulate to certiorari no later than five business days after the petitioner requests such a stipulation. (2) The city shall transmit the record to the court no later than five business days after receiving the order allowing certiorari. (3) Notwithstanding the provisions of any local rule of the reviewing court which allows for a longer time period, the city shall file its brief within 15 days after it is served with the petitioner's brief. If the petitioner serves his brief by mail, the city shall add three days to this time limit, in accordance with G.S. 1A-1, rule 5. If the local rule is subsequently amended to provide for a shorter time period for the filing of any brief, the shorter time period shall control. (d) An appeal by an applicant or permittee from the superior court of the county shall be governed by the North Carolina Rules of Appellate Procedure but, unless a court of competent jurisdiction otherwise provides, such appeal shall not stay any action taken with regard to the permit. (Code 1985, § 6-166)

Charlotte City Code § 6-261 Transfer of permit.

Sec. 6-261. - Transfer of permit. A permittee shall not transfer a dancehall permit to another person or to another premises. The transfer of a dancehall permit shall automatically and immediately revoke the permit. (Code 1985, § 6-167)

Charlotte City Code § 6-262 Expiration of permit.

Sec. 6-262. - Expiration of permit. (a) Each dancehall permit shall expire one year from the date of issuance and may be renewed only by making application, as provided in section 6-253, and paying the annual permit fee, as required by section 6-255. Application for renewal of the permit shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the permit shall not be affected. (b) When the chief of police denies renewal of the permit, the applicant shall not be issued a permit under this article for one year from the date of denial. If, subsequent to the denial, the chief of police determines that the basis for the denial has been corrected, the applicant shall be granted a permit. (c) It shall be unlawful for any person to operate or cause to be operated a dancehall and such person knows or should know that the business has a permit that has expired. (Code 1985, § 6-168)

Charlotte City Code § 6-263 Persons under 18 permitted in adult dancehalls.

Sec. 6-263. - Persons under 18 permitted in adult dancehalls. An adult dancehall business shall be subject to the following: (1) A person under 16 years of age is permitted to remain on the premises of an adult dancehall until 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, and until 12:01 a.m. on any Saturday or Sunday. A person under 16 years of age may remain on the premises of an adult dancehall after the hours stated in this subsection only if he is accompanied by a parent, guardian, or a person over 18 years of age authorized by the parent or guardian of such person to take the parent's or guardian's place. (2) A person 16 or 17 years of age is permitted to remain on the premises of an adult dancehall until 12:00 midnight on any Sunday, Monday, Tuesday, Wednesday, or Thursday, and until 2:30 a.m. on any Saturday or Sunday. A person 16 or 17 years of age may remain on the premises of an adult dancehall after such hours only if he is accompanied by a parent, guardian, or a person over 18 years of age authorized by the parent or guardian of such person to take the parent's or guardian's place. (3) It shall be unlawful for a person to falsely represent himself to be a parent, a guardian, or a person authorized by a parent or guardian of another person under 18 years of age for the purpose of gaining the other person's admission into an adult dancehall in violation of the restrictions set forth in subsections (1) and (2) of this section. (4) It shall be unlawful for a permittee, owner, operator, or employee of an adult dancehall to knowingly allow a person under 18 years of age to enter or remain upon the premises of an adult dancehall in violation of the restrictions set forth in subsections (1) and (2) of this section. (5) If a permittee, owner, operator, or employee of an adult dancehall allows a person under 16 years of age to enter the premises, it shall be unlawful for such permittee, owner, operator, or employee to maintain or operate the premises without conspicuously posting a sign at each entrance to the business that clearly reads: "It is unlawful for a person under 16 years of age to remain on these premises after 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, and after 12:01 a.m. on any Saturday or Sunday unless he or she is accompanied by a parent, guardian, or a person over 18 years of age authorized by the parent or guardian of such person to take the parent or guardian's place." (6) If a permittee, owner, operator, or employee allows a person 16 or 17 years of age to enter the premises, it shall be unlawful for such permittee, owner, operator, or employee to maintain or operate the premises without conspicuously posting a sign at each entrance to the business that clearly reads: "It is unlawful for a person 16 or 17 years of age to remain on these premises after 12:00 midnight on any Sunday, Monday, Tuesday, Wednesday, or Thursday, and after 2:00 a.m. on any Saturday or Sunday unless he or she is accompanied by a parent, guardian, or a person over 18 years of age authorized by the parent or guardian of such person to take the parent or guardian's place." (Code 1985, § 6-169)

Charlotte City Code § 6-264 Persons 18 and over prohibited in juvenile dancehalls.

Sec. 6-264. - Persons 18 and over prohibited in juvenile dancehalls. A juvenile dancehall business, regardless of whether or not a permit has been issued for the business under this article, shall be subject to the following: (1) It shall be unlawful for a person 18 years of age and over to enter a juvenile dancehall. (2) It shall be unlawful for a person to falsely represent himself to be under 18 years of age for the purpose of gaining admission to a juvenile dancehall. (3) It shall be unlawful for a permittee, owner, operator, or employee of a juvenile dancehall to knowingly allow a person 18 years of age or older to enter or remain upon the premises of a juvenile dancehall. (4) It shall be unlawful for a permittee, owner, operator, or employee of a juvenile dancehall to maintain or operate the premises without posting a conspicuous sign at the entrance to the business that clearly reads: "It is unlawful for any person 18 years of age or over to enter these premises." (5) It is a defense to a prosecution under subsection (1) or (2) of this section that the person is: a. A permittee, owner, operator, or employee of the dancehall; b. A parent or guardian of a person inside the dancehall; or c. A governmental employee in the performance of official duties. d. A person exclusively on the premises for the repair or maintenance of the premises; the delivery of goods to the premises; or the delivery of services, such as legal, accounting, insurance, or other similar services provided to businesses generally. (Code 1985, § 6-170)

Charlotte City Code § 6-265 Hours of operation of juvenile dancehalls.

Sec. 6-265. - Hours of operation of juvenile dancehalls. A juvenile dancehall, regardless of whether or not a permit has been issued for the business under this article, shall be subject to the following: (1) It shall be unlawful to operate a juvenile dancehall during any hours other than between 4:00 p.m. and 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, and Thursday, or between 4:00 p.m. on Friday and 12:01 a.m. on the following day (Saturday), or between 1:00 p.m. on Saturday and 12:01 a.m. on the following day (Sunday). (2) It shall be unlawful for any person to enter or remain in or upon the premises of a juvenile dancehall other than during the hours set forth in subsection (1) of this section, unless the person is a permittee, owner, operator, or employee of the dancehall, or a person as described in subsections 6-264(5)c and (5)d. (Code 1985, § 6-171)

Charlotte City Code § 6-266 Public safety.

Sec. 6-266. - Public safety. (a) The following security shall be provided at all dancehalls: (1) Exterior security officers, consisting of off-duty (extra-duty) sworn law enforcement officers, of a number as determined appropriate in an application to the law enforcement agency requesting the officers, which number shall not be less than two; provided, however, one exterior security officer may be permitted if two immediately adjacent establishments mutually utilize the same two officers, and such arrangement is approved by the law enforcement agency assigning the officers. Exterior security officers shall only be required if the number of occupants exceeds 250. (2) When required, exterior security personnel shall be provided seven days a week. (b) No person shall operate a dancehall in violation of any applicable section of chapter 8 of this Code which pertains to fire prevention and protection. (Code 1985, § 6-172)

Charlotte City Code § 6-267 Zoning.

Sec. 6-267. - Zoning. No person shall operate a dancehall in violation of any applicable section of the city zoning ordinance in appendix A to this Code. (Code 1985, § 6-173)

Charlotte City Code § 6-268 Presence of dancehall operator required.

Sec. 6-268. - Presence of dancehall operator required. It shall be unlawful for an operator of a dancehall to fail to remain on the premises during all hours of operation and until 30 minutes after closing time, to ensure that the operation is conducted in accordance with the requirements of this article. (Code 1985, § 6-174)

Charlotte City Code § 6-269 Existing businesses.

Sec. 6-269. - Existing businesses. Any adult or juvenile dancehall existing prior to the effective date of the ordinance from which this article derives shall comply with the regulations contained in this article 90 days after such effective date. (Code 1985, § 6-175)

Charlotte City Code § 6-270 Penalties and remedies.

Sec. 6-270. - Penalties and remedies. Violations of this article may be punishable as a Class 3 misdemeanor and be subject to a maximum fine not to exceed $500.00 pursuant to G.S. 160A-175 and G.S. 14-4. Each violation shall be considered a separate and distinct offense, and each day of continued violation shall be considered as a separate offense. The issuance of a notice of violation or a suspension or revocation of a dancehall permit shall not prohibit the imposition of a criminal penalty, and the imposition of a criminal penalty shall not prevent the issuance of a notice of violation or a suspension or revocation of the permit. (Code 1985, § 6-176; Ord. No. 278, § 2, 4-4-2022)

Charlotte City Code § 6-271 Civil injunction.

Sec. 6-271. - Civil injunction. In addition to the issuance of a notice of a violation, the suspension or revocation of a dancehall permit, or a prosecution for criminal violations, any person who violates this article may be subject to all civil and equitable remedies stated in G.S. 160A-175. (Code 1985, § 6-177)

Source: City of Charlotte, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/charlotte/codes/code_of_ordinances?nodeId=PTIICOOR_CH6BUTR_ARTIIIDABUFetched: 10/27/2026