Chapter 5.40


5.40.010    Public dance defined.

5.40.020    Permit required—Exceptions.

5.40.030    Permit—Application.

5.40.040    Permit—Fee—Exceptions.

5.40.050    Investigation of application.

5.40.060    Issuance or denial of permit—Conditions.

5.40.070    Permit—Revocation or suspension.

5.40.080    Appeals.

5.40.090    Permit conditions.

5.40.100    Provisions regarding conduct of dance.

5.40.110    Teenage dance regulations.

5.40.120    Application for teenage dance permit.

5.40.130    Conduct of teenage dance.

5.40.010 Public dance defined.

For purposes of this chapter, the phrase “public dance” shall mean and include any place where dancing is participated in by one or more couples in any dance hall, place of business or other premises where dancing is allowed and which is open to the public, with or without an admission charge. (Ord. 78-4 § 2, 1978)

5.40.020 Permit required—Exceptions.

No person shall operate, sponsor, conduct, cause to be conducted or permit to be carried on any public dance or series of such dances within the city without having a dance permit issued by the chief of police pursuant to the provisions of this chapter; provided, however, that no such permit shall be required for any dance operated and conducted by a public school or any agency or department of the city. (Ord. 78-4 § 1, 1978)

5.40.030 Permit—Application.

Application for a permit under this chapter shall be made in writing at least ten days before any public dance is conducted to the chief of police and shall set forth the following:

A.    The name and address of the owner of the real property where the dance is to take place;

B.    The name and address of the applicant;

C.    The name and address of the person to be in immediate charge of the dance;

D.    The date, time and location of the dance;

E.    A statement as to whether admission will be charged;

F.    Whether applicant, or the person to be in immediate charge of the dance, has ever been convicted of felony;

G.    A statement as to whether the dance is for a charitable purpose or for a personal profit nature;

H.    The approximate attendance expected or to be allowed at the dance;

I.    Certification that the place or premises where the dance will be held is reasonably adequate for the use requested and conforms with the health, safety and fire laws and regulations of the city. Such certification shall specify the maximum number of persons who may safely be accommodated at the dance;

J.    Such other information as may be required by the chief of police in investigating for the permit. (Ord. 78-4 § 3, 1978)

5.40.040 Permit—Fee—Exceptions.

The fee for a public dance permit shall be either fifty dollars per year or ten dollars per dance, whichever the applicant designates when applying for a permit; provided, however, that no fee shall be charged for a permit if the applicant is a nonprofit organization exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(i) of the California Revenue and Taxation Code. (Ord. 78-4 § 4, 1978)

5.40.050 Investigation of application.

It shall be the duty of the chief of police to refer the application to the fire chief and building inspector to investigate and approve or disapprove such premises for use in the proposed type of occupancy. (Ord. 78-4 § 5, 1978)

5.40.060 Issuance or denial of permit—Conditions.

If the chief of police finds, after receiving recommendations from both the fire chief and the building inspector, that the proposed location of the dance is not of such character as to disturb the public peace or be injurious to good morals, and that the conducting of the dance in the proposed location will not disturb the peace and quiet of any considerable number of persons residing in the vicinity thereof, he shall issue the permit; otherwise the chief of police shall deny the permit. The chief of police is authorized and directed to attach such conditions to his issuance of the permit as he shall deem necessary to protect the health, safety and general welfare of the community and persons attending the dance. Such conditions may include the carrying of public liability insurance, employment of special police or security guards, and the deposit with the city clerk of a sum of money sufficient to guarantee the proper policing of the location of the dance. (Ord. 78-4 § 6, 1978)

5.40.070 Permit—Revocation or suspension.

The chief of police may revoke or suspend any public dance permit for any one of the following reasons:

A.    The premises where dancing is carried on is being operated in violation of a public statute or ordinance;

B.    Disturbances of the public peace or conduct offensive or contrary to the public morals takes place at such dance place;

C.    The applicant or person in immediate charge of such dance is convicted of a felony;

D.    The operation of such dance is contrary to the public interest;

E.    The falsity of any statement of the application. Such dance permit shall be and remain the property of the city, and on revocation or suspension the permit shall be surrendered to the chief of police. (Ord. 78-4 § 7, 1978)

5.40.080 Appeals.

Any person whose application for a public dance permit has been disapproved, suspended or revoked by the chief of police shall have the right to appeal to the city council by filing a written notice of appeal with the city clerk within five days after written disapproval, revocation or suspension is personally served upon him, and the city council shall, at its next regular meeting, set a time and place for the hearing of the appeal and the city clerk shall give at least ten days’ written notice of such hearing to the applicant by mailing to his address, as given on the application for such permit. The decision of the city council at such hearing shall be final. (Ord. 78-4 § 8, 1978)

5.40.090 Permit conditions.

A.    Nontransferable. The permit for a public dance shall authorize the dance to be carried on only at the time and place set forth therein, and the permit shall not be transferable or assignable except upon a written application to, and the written approval of, the chief of police.

B.    Permit Available. The permit issued pursuant to the provisions of this chapter shall be available for inspection at all times while the dance is being conducted.

C.    Term. Every public dance permit issued pursuant hereto shall expire on the lapse of one year from the date of issuance, unless the permit specifies an earlier date for its expiration or unless the permit be sooner revoked or suspended as provided herein. (Ord. 78-4 § 9, 1978)

5.40.100 Provisions regarding conduct of dance.

A.    Hours of Operation. Public dances shall not be held between the hours of two a.m. and eight a.m. of any day, and no person in charge of any public dance premises shall permit any person, except the person in charge thereof or persons regularly employed in and about the premises, to remain therein between the aforesaid hours of any day; provided, however, that this section shall not apply to places of business regularly and daily engaged in carrying on or conducting a bar, cafe or restaurant business and where such business constitutes the major portion or part of such enterprise.

B.    Police Supervision. The place where such public dancing is to be conducted shall at all times while dancing is being conducted therein be subject to the supervision and control of the police department.

C.    Prohibited Conduct. It is unlawful for any person to whom such permit has been issued, to permit, suffer or allow any loud, tumultuous, boisterous or offensive noise or conduct, or other disturbance of the public peace, upon the premises where the public dance is being conducted.

D.    Prohibited Persons. It is unlawful for any person conducting a public dance to admit or permit to remain in or about the place where a public dance is being conducted any lewd, dissolute or boisterous person of either sex.

E.    Orderly Conduct; Intoxicated Persons Prohibited. It shall be the duty of the person to whom such permit has been granted to conduct all dances in a quiet and orderly manner, and to permit no person under the influence of intoxicating liquors, narcotic, or restricted or dangerous drug or substance, or any combination thereof, to participate in any dance being conducted on the premises.

F.    Minor Under Eighteen Prohibited. Except for teenage dances as provided for in Sections 5.40.110 through 5.40.130, no person under the age of eighteen years shall enter or remain in any place where a public dance is being conducted, nor shall any person in charge of a public dance permit any person under the age of eighteen years to enter or remain in any place where a public dance is being conducted, unless such person under the age of eighteen years is accompanied by his parent or legal guardian.

G.    Adequate Lighting. All places where public dances are held shall be adequately lighted at all times when open for dancing so as to permit adequate supervision in all parts of the buildings and premises accessible to the participants or public, and all off-street parking facilities made available for those persons attending the dance shall be adequately lighted. (Ord. 78-4 § 10, 1978)

5.40.110 Teenage dance regulations.

In addition to the rules and regulations relating to public dances in general if the public dance in question is a teenage dance, as defined herein, the additional rules, regulations and requirements as set forth in Sections 5.40.120 and 5.40.130 shall also apply to such a dance. As used herein the phrase “teenage dance” means any public dance held or operated exclusively or primarily for minors under the age of eighteen years. (Ord. 78-4 § 11, 1978)

5.40.120 Application for teenage dance permit.

In addition to the information required by Section 5.40.030 in an application for a permit for a public dance, in an application for a teenage dance permit the following additional information will also be required:

A.    The minimum number of, and the names and addresses of, the adult supervisors who will be in attendance at all times during the holding of the dance, as required by Section 5.40.130E.

B.    The minimum number of law enforcement officers to be employed by the person or organization sponsoring or holding the teenage dance, as required by Section 5.40.130F. (Ord. 78-4 § 12, 1978)

5.40.130 Conduct of teenage dance.

A.    Persons Over Age Twenty Prohibited. No person over the age of twenty years shall enter or remain, and no person in charge of a teenage dance shall permit any person over the age of twenty years to enter or remain, in any place where a teenage dance is being conducted; provided, however, that this provision shall not apply to or prohibit the attendance of chaperons, parents and sponsors of the dance who do not participate in the dancing.

B.    Hours of Operation. No teenage dance shall be permitted or allowed to operate or continue after the hour of twelve midnight, unless the permit for a particular teenage dance specifically authorized the continuance to a later hour, but in no event later than the hour of one a.m.

C.    Alcoholic Beverages Prohibited. No alcoholic beverages shall be sold or consumed or be available on the premises in or about which a teenage dance is held. Admission to a teenage dance shall be denied to any person showing evidence of being under the influence of, or having possession of, any alcoholic beverage or any narcotic or restricted or dangerous drug or substance.

D.    Reentering and Loitering Prohibited. No person admitted to a teenage dance shall be permitted to leave and thereafter reenter the dancing premises during the course of a teenage dance, and no pass-out or reenter checks or stubs shall be issued unless required by the physical arrangement of the premises. No person shall be permitted to loiter in or about the immediate area where a teenage dance is being conducted, including the parking facilities used for such a dance.

E.    Adult Supervisors. For each teenage dance there shall be not less than one adult supervisor for each twenty-five teenagers, or fraction of said number, in attendance, and in no event shall there be less than two adult supervisors for each teenage dance.

F.    Law Enforcement Officers. For each teenage dance there shall be at least two law enforcement officers employed and present for the first two hundred fifty participants, with one additional officer for each one hundred additional participants in attendance. The chief of police may also require the employment of a larger number of law enforcement officers if he deems such necessary for proper and adequate law enforcement purposes. (Ord. 78-4 § 13, 1978)