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2004 SESSION

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046953508
HOUSE BILL NO. 136 Offered January 14, 2004 Prefiled December 24, 2003 A BILL to amend and reenact § 18.2-433 of the Code of Virginia, relating to regulation of dance halls; penalty. ---------- Patrons-- Shuler; Senator: Edwards ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-433 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-433. Regulation of dance halls by counties, cities and towns.

A public dance hall, within the meaning of this section, shall be construed to mean any place open to the general public where dancing is permitted; provided, however, that a restaurant located in any city licensed under § 4.1-210 to serve food and beverages having a dance floor with an area not exceeding ten per centum10 percent of the total floor area of the establishment shall not be considered a public dance hall.

The governing body of any county, city or town may, by ordinance, regulate public dance halls in such county, city or town, and prescribe punishment for violation of such ordinance not to exceed that prescribed for a Class 31 misdemeanor.

Such ordinance shall prescribe for: (1i) the issuance of permits to operate public dance halls, grounds for revocation and procedure for revocation of such permits; (2ii) a license tax not to exceed $600 on every person operating or conducting any such dance hall; and (3iii) rules and regulations for the operation of such dance halls. Such ordinances may exempt from their operation dances held for benevolent or charitable purposes, or when the same are conducted under the auspices of religious, educational, civic or military organizations.

No county ordinance adopted under the provisions of this section shall be in effect in any town in which an ordinance adopted under the provisions of this section is in effect.