Regular Session 2019-2020 House Bill 2044 P.N. 2871

PRINTER'S NO. 2871

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2044

Session of

2019

INTRODUCED BY MASSER, SCHMITT, GROVE, RYAN, POLINCHOCK, JOHNSON-

HARRELL, ROWE, CALTAGIRONE, JOZWIAK, WHEELAND AND HEFFLEY,

NOVEMBER 14, 2019

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, NOVEMBER 14, 2019

AN ACT

Repealing the act of May 16, 1919 (P.L.193, No.120), entitled

"An act to provide for the licensing and regulation of public

dance halls and ball rooms, and for the regulation,

supervision of public dances and balls in cities of the

first, second, and third classes."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of May 16, 1919 (P.L.193, No.120),

entitled "An act to provide for the licensing and regulation of

public dance halls and ball rooms, and for the regulation,

supervision of public dances and balls in cities of the first,

second, and third classes," is repealed:

[AN ACT

To provide for the licensing and regulation of public dance

halls and ball rooms, and for the regulation, supervision of

public dances and balls in cities of the first, second, and

third classes.

Section 1. Be it enacted, &c., That this act shall apply to

all cities of the first, second, and third classes, within this

Commonwealth.

Section 2. The term "public dance" or "public ball," as used

in this act, shall be taken to include any dance or ball

conducted in connection with instruction in dancing for hire,

and any dance or ball to which admission may be had by the

payment of a fee or by the purchase, possession, or presentation

of a ticket or token, or in connection with which a charge is

made for caring for clothing or other property, and any dance or

ball to which the public generally may gain admission with or

without the payment of a fee.

The term "dance hall" or "ball room," as used in this act,

shall be taken to include any room, place, or space, in which a

public dance or public ball, as herein defined, shall be held,

and any room, hall, or academy, in which classes in dancing are

held and instruction in dancing is given for hire.

Section 3. From and after the first day of June, one

thousand nine hundred and nineteen, no person, persons, society,

club, or corporation shall hold a public dance or public ball

within the limits of any city of the first, second, or third

class, within this Commonwealth, without having first obtained a

permit therefor from the mayor thereof: Provided, however, Such

permit shall not be required for dances held and conducted by

regularly established instructors in dancing in connection with

such instruction.

The fee for such permit, which shall be paid at the time of

the issuing thereof, shall be one dollar for each public dance

or ball.

Section 4. From and after the first day of June, one

thousand nine hundred and nineteen, it shall be unlawful to hold

or conduct any public dance or public ball, or to hold or

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conduct classes in dancing, or to give instructions in dancing

for hire, in any hall, ball room, or academy, within the limits

of any city of the first, second, and third class, within this

Commonwealth, unless the dance hall or ball room or academy, in

which the same may be held, shall have been duly licensed for

such purpose.

Application for such license shall be made by the proprietor

of such dance hall or ball room or academy to the mayor, who is

hereby authorized to issue the same.

The fee payable for each such license granted hereunder shall

be as follows:

In the case of dance halls maintained and conducted in

connection with regularly established instruction in dancing,

and exclusively used in such connection, the annual license fee

shall be thirty-five dollars in cities of the first and second

classes and ten dollars in all other cities.

In the case of all other dance halls and ball rooms, the

annual license fee shall be forty dollars in cities of the first

and second classes and fifteen dollars in all other cities.

Each license granted hereunder shall expire on the first day

of June of each year.

The fee payable for each license granted hereunder shall be

for the whole or any portion of a calendar year, and all moneys

received by way of license fees hereunder shall be paid into the

general fund of the city.

Every licensed public dance hall or ball room or academy

shall post its license in a conspicuous place within the hall

where the dance is held.

Section 5. It shall be the duty of the mayor to cause an

investigation of all applications for public dance hall or ball

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room licenses to determine whether or not the dance hall, ball

room, or academy, sought to be licensed, complies with the

rules, regulations, ordinances, and laws applicable thereto,

and, in making such investigation, he shall, when desired, have

the assistance of any department of the government of the city.

Section 6. No license for a public dance hall or ball room

or academy shall be issued until it shall be ascertained that

the place for which it is issued complies with and conforms to

all laws, ordinances, health and fire regulations, applicable

thereto, and is a safe and proper place for the purpose for

which it shall be used, properly ventilated, and supplied with

sufficient toilet conveniences.

Section 7. The license of any public dance hall or ball room

or academy may be forfeited or revoked by the mayor for

disorderly or immoral conduct on the premises, or upon proof

that the dance hall, ball room or academy was frequented by

disorderly or immoral persons, or for the violation of any of

the rules, regulations, ordinances, and laws, governing or

applying to public dance hall, ball rooms, or academies, or

public dances. If at any time the license of a public dance

hall, ball room, or academy shall be forfeited or revoked, at

least three months shall elapse before another license or permit

shall be granted for dancing on the same premises.

Section 8. All public dance halls, or ball rooms or

academies shall be kept at all times in a clean, healthful, and

sanitary condition, and all stairways and other passages and all

rooms connected with public dance hall, ball room, or academy

shall be kept open and well lighted.

Section 9. All public dance halls, ball rooms, and academies

shall be subject to inspection by the police department of the

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city at all reasonable times and whenever they are open for

dancing, instruction in dancing, or for any other purpose.

Any police officer shall have the power to cause the place,

hall or room where any public dance or ball is given, to be

vacated whenever any provision of any law or ordinance with

regard to public dances and public balls is being violated, or

whenever any indecent act shall be committed, or when any

disorder of a gross, violent or vulgar character shall take

place therein.

Section 10. It shall be unlawful, after nine o'clock post

meridian, to permit any person to attend or take part in any

public dance who has not reached the age of sixteen years.

Section 11. All public dances shall be discontinued, and all

public dance halls shall be closed, on or before the hour of one

o'clock ante meridian: Provided, however, That upon the

application of a bona fide organization or society, and upon an

investigation by the proper authority, the mayor may grant such

organization or society a permit to continue a dance until two

o'clock ante meridian.

Section 12. Any person, persons, society, club, or

corporation who shall violate the provisions of this act shall,

upon conviction thereof in a summary proceeding, be sentenced to

pay a fine of not more than three hundred dollars ($300) and

costs of prosecution, and, in default of the payment thereof,

shall undergo imprisonment for not more than thirty days.]

Section 2. This act shall take effect in 60 days.

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