Chapter 5.32
PUBLIC DANCES
Sections:
5.32.040 Permit--Investigation, determinations and issuance.
5.32.050 Permit--Requirements.
5.32.010 Definitions.
The following words, terms and phrases, when used in this chapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Person" includes any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
"Public cafe dance" means any dance conducted upon premises operated in connection with a regular eating or drinking establishment and where meals or intoxicating beverages are regularly sold and served and to which the public is entitled to attend.
"Public dance" means any dance other than a public cafe dance to which the public may gain admission or is entitled to attend, and includes any dance that is held or conducted at meeting place which is available for rent or use by the general public except when located on a public or private school ground.
Peace/reserve peace officer or peace officer is defined as one licensed by the commission on peace officers standards and training by the state of California.
"Security officer" is defined as one licensed by the California Department of Consumer Affairs to perform the duties of a security officer or an employee of the permittee who has been preapproved by the chief of police or his designee. (Ord. 03-01 §1 (part), 2003: Ord. 79-5 §1(A), 1979).
5.32.020 Permit--Required.
It is unlawful for any person to conduct a public dance or public cafe dance or allow such dance to be conducted upon premises under his control without first having obtained a permit therefor pursuant to the provisions of this chapter. Any such dance being conducted without a permit and compliance with this chapter is a public nuisance and a violation of this code and may be closed down summarily by the city. (Ord. 03-01 §1 (part), 2003: Ord. 79-5 §1(B), 1979).
5.32.030 Permit--Application.
Any person desiring to conduct dances referred to in this chapter shall make an application for a permit therefor to the police department, and accompany same with a permit fee set by resolution. The application shall be reviewed by the chief of police and shall contain the following information:
A. Name of applicant;
B. In case of partnership, the names of the individuals partners, and in case of corporation or association, the principal officers and directors;
C. The location of the premises upon which the permit is sought to be exercised;
D. The anticipated number of persons to be in attendance;
E. Whether the applicant has obtained a city business license as may be required pursuant to Section 5.12.010(A) or other provision of Title 5;
F. Such other information as may be necessary to make the determinations and findings required by this chapter for issuance of a permit. (Ord. 03-01 §1 (part), 2003: Ord. 79-5 §1(C), 1979).
5.32.040 Permit--Investigation, determinations and issuance.
A. The chief of police or his or her designee shall cause such investigation of the application to be made as he or she deems necessary and shall thereafter approve the issuance of such proposed permit unless he or she finds that the activity for which the permit is requested will violate any law of the state or any ordinance of the city, or will constitute a menace to the health, peace, morals, safety or welfare of the community or neighborhood in which the activity is proposed to, be conducted, or that the character, reputation, and moral fitness of those in charge of such activity is such that it is probable that the activity will not be conducted in accordance with law. In granting the permit the chief of police may impose such conditions as he or she deems reasonable or necessary to protect the health, peace, morals, safety or welfare of the community or the neighborhood in which the proposed activity is to be conducted.
B. No permit for a public dance hall shall be issued until it shall be found that the place for which it is issued complies with and conforms to all laws, the provisions of this code, and health and fire regulations applicable thereto and is properly ventilated and supplied with separate and sufficient toilet conveniences for each sex within the building in which the dance hall is located, with no entrance thereto or exit therefrom except through the dance hall, and is a safe and proper place for the purpose for which it shall be used.
C. Upon making the determinations required by this section, the police department shall be authorized to issue such permit. If the permitted dances are recurring, the dance permit may be issued quarterly with the permit fee fixed on the basis of the number of dances held. (Ord. 03-01 §1 (part), 2003: Ord. 79-5 §1(D), 1979).
5.32.050 Permit--Requirements.
All permits issued under the provision of this chapter for a public dance shall be conditioned on the following requirements:
A. Every person to whom a dance hall permit is issued shall post the same in a conspicuous place in the dance hall for which the permit is granted. Each permit shall indicate that the permitted activity shall terminate prior to one a.m. on any date other than New Year’s Day.
B. The permittee shall be required to have security officers in attendance on the premises where the dance is being conducted during the entire time the dance is being conducted. The number of security officers assigned shall be determined by the chief of police, taking into consideration the anticipated number of persons expected to attend, the location of the dance, type of dance and all special circumstances.
On request the Kerman Police Department will provide to the permit applicant a list of security companies who have current Kerman business licenses. If the applicant wishes to use a security company not appearing on the list, the applicant must submit in writing at least thirty days prior to the dance the security company’s name, and information regarding the security company’s licensing by the state of California and the company’s current city of Kerman business license.
C. If there are in the official records of the city reports of the police department showing two or more disturbances at public dances operated by the permittee during the immediately preceding year, or if the chief of police determines that facts and circumstances indicate that additional security officers are required for the protection of the public peace, health, safety or welfare, the permittee shall be required to have in attendance on the premises where the dance is being conducted, during the entire time the dance is being conducted, two security officers in addition to those officers required under subsection (B) of this section. If this requirement is applicable to the permittee, the police department shall endorse the fact thereof on the permit issued by the department.
D. The city is empowered to summarily revoke the permit of and close down any public dance operating in violation of subsection (B) or (C) of this section.
E. A copy of this chapter shall be delivered by the police department to each public dance permittee at the time of the issuance and delivery of the permit.
F. The police department reserves the right to revoke or refuse dance permits based upon past record of service call.
G. If using a city facility and alcohol will be served, a separate alcohol permit will be required and is to be submitted concurrently with the dance permit. (Ord. 03-01 §1 (part), 2003: Ord. 83-05, 1983; Ord. 79-5 §1(E), 1979).