Chapter 5.32
PUBLIC DANCES
5.32.020 "Public dance" defined.
5.32.030 Exemptions from permit requirements.
5.32.060 Application for permit.
5.32.070 Investigation and report by police chief.
5.32.140 Referral of application to council.
5.32.160 Suspension and revocation—Notice.
5.32.180 Violation and penalties.
5.32.010 Permit required.
It is unlawful and a public nuisance for any person to conduct or operate a public dance, to permit dancing by the public in any establishment operated by such person and open to the general public, or to sell tickets and for any public dance unless a permit is first secured therefor in the manner provided by this chapter. (Ord. 1155 § 2 (part), 1993).
5.32.020 "Public dance" defined.
The term "public dance" includes any dance open to the general public whether or not a fee is charged therefor, including dancing permitted in connection with any commercial activity. (Ord. 1155 § 2 (part), 1993).
5.32.030 Exemptions from permit requirements.
The permit requirements of this chapter shall not apply to any of the following:
(1) A public dance conducted in any auditorium, public hall or similar facility which is owned by a governmental entity;
(2) A nonprofit public dance conducted in any auditorium, public hall or similar facility by a nonprofit organization or association. (Ord. 1155 § 2 (part), 1993).
5.32.040 Closing hours.
Dancing which is regulated by the provisions of this chapter shall not be permitted between the hours of two a.m. and seven a.m. except when special permission is obtained from the chief of police for dancing on New Year’s Eve or similar gala occasions. (Ord. 1155 § 2 (part), 1993).
5.32.050 Rules of conduct.
(a) No immoral or obscene dances shall be permitted.
(b) It shall be the duty of every person, association of persons or corporations, their agents and employees, conducting a public dance, to exclude from such public dance any person or persons under the influence of liquor and/or narcotics, or who is guilty of loud, boisterous or other improper conduct. (Ord. 1155 § 2 (part), 1993).
5.32.060 Application for permit.
Any application for a public dance permit shall be filed with the chief of police on such forms as prescribed and shall contain such information as the chief of police deems necessary for the proper processing of the application, accompanied by a nonrefundable application fee in an amount established by resolution of the council. (Ord. 1155 § 2 (part), 1993).
5.32.070 Investigation and report by police chief.
(a) The chief of police shall, immediately after receiving the application required by Section 5.32.060, cause such investigation of the application to be made as he deems necessary.
(b) The chief of police shall notify the planning, building and fire departments regarding the application. The notified departments shall make a full and complete investigation of the building and location where the applicant proposes to conduct such business or activity to ensure that such building and location comply with all pertinent state and local laws and regulations including, without limitation, building and fire codes and pertinent zoning regulations. (Ord. 1155 § 2 (part), 1993).
5.32.080 Issuance of permit.
The chief of police may grant the permit subject to such conditions as deemed 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 including a condition that the applicant provide security personnel in such numbers and with such training as the chief of police deems necessary or may deny the issuance of the permit if the activity for which the permit is required is deemed to 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. (Ord. 1155 § 2 (part), 1993).
5.32.090 Posting of permit.
Any permit issued under the provisions of this chapter shall be posted in a prominent place within the public view where it can be inspected by the public and any agent of the city. (Ord. 1155 § 2 (part), 1993).
5.32.100 Term of permit.
Permits issued prior to the effective date of the ordinance codified in this chapter shall remain in effect. Permits issued after the effective date of the ordinance codified in this chapter pursuant to the provisions of this chapter shall be valid for a period not to exceed one year, unless suspended, revoked, abandoned or otherwise terminated under the provisions of this chapter. (Ord. 1155 § 2 (part), 1993).
5.32.110 Permit renewal.
Thirty days prior to the expiration date of a currently valid public dance permit, the permittee shall apply for the renewal of such permit. The chief of police may grant such renewal provided he finds that all facts set forth in the renewal application are substantially the same as on the original application or may deny such renewal pursuant to Section 5.32.160. The decision of the chief of police shall be appealable to the city council pursuant to Section 5.32.170. (Ord. 1155 § 2 (part), 1993).
5.32.120 Fees.
A permit fee in an amount established by resolution of the council shall be due upon issuance of a public dance permit and permit renewal. (Ord. 1155 § 2 (part), 1993).
5.32.130 Nontransferability.
Permits issued under the provisions of this chapter are not transferable. If either the permittee transfers all or any part of their interest in the business or the property in which such public dances are held; or changes the location of the public dance from one building to another within the city, the permit issued under this chapter shall terminate and a new application shall be filed by the new owner or by the original permittee for the new location. (Ord. 1155 § 2 (part), 1993).
5.32.140 Referral of application to council.
The chief of police may refer to the city council the application for a permit. In addition, any applicant aggrieved by the decision of the chief of police relating to the issuance or denial of a permit, may within ten days after the decision is made by the chief of police, appeal such decision to the city council by filing a written notice thereof with the city clerk. (Ord. 1155 § 2 (part), 1993).
5.32.150 Council action.
Upon referral or appeal to the city council, the permit requested may be granted or denied by the council without a public hearing unless such hearing is recommended by the chief of police or city manager, requested by the applicant or requested by the council. The council may grant the permit subject to such condition as it deems reasonable under the circumstances, or it may deny the issuance of the permit if it finds that the activity for which the permit is requested will violate any law of the state or any ordinance of the city, or constitute a menace to the health, peace, morals, safety or welfare of the community or neighborhood in which the activity is to be conducted, or that the character, reputation or 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 the law. (Ord. 1309 § 8 (part), 2007; Ord. 1155 § 2 (part), 1993).
5.32.160 Suspension and revocation—Notice.
(a) Any permit issued under the terms of this chapter may be suspended or revoked by the chief of police when the activity authorized by such permit is conducted, maintained or carried out is a manner contrary to, or in violation of, any law of the state, any ordinance of the city or any condition imposed by the chief of police or the city council in the granting of the permit.
(b) In addition, the permit may be suspended or revoked by the chief of police when the activity is conducted, maintained or carried on in such a manner as to constitute a nuisance, or to disturb the peace of persons in the vicinity of the activity, or to be injurious to the public peace, morals, safety or welfare.
(c) The city council may direct the chief of police to institute suspension or revocation proceedings.
(d) Except as specifically set forth in this section, no permit shall be revoked or suspended by virtue of this section until a hearing shall have been held by the chief of police. Written notice of the time and place of such hearing shall be given at least five days prior to the date for such hearing to the person to whom the permit was issued and to any other person requesting prior notice in writing. Such notice shall contain a brief statement of the grounds to be relied on for revoking or suspending the permit. Notice may be given either by personal delivery thereof to the person to be notified or by depositing the same in the U.S. mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the address appearing in the application for a permit.
(e) Notwithstanding any provision of this section to the contrary, the chief of police may immediately suspend any permit granted hereunder if he determines that the activities of the permittee are being conducted, maintained or carried on in such a manner as to constitute a significant and immediate threat to the public peace, morals, safety or welfare of the patrons of such establishment or to the public at large. Such suspension shall be effective for no more than five days during which time a hearing shall be held to determine whether grounds exist to extend such suspension or to take action to revoke the permit. Written notice of the time and place of such hearing shall be given at least forty-eight hours prior to the date set for such hearing and shall be given in the manner specified in this section. (Ord. 1155 § 2 (part), 1993).
5.32.170 Appeals.
Any person aggrieved by the decision of the chief of police in suspending or revoking a permit, or in refusing to suspend or revoke a permit, may appeal such decision to the council. The appeal shall be made by filing a written notice thereof with the city clerk within ten days after notice of the decision by the chief of police is mailed to the permittee and the person requesting notice of the hearing pursuant to Section 5.32.160. A nonrefundable fee in an amount established by resolution of the council shall accompany the appeal. The council shall hold a hearing on the appeal and its decision thereon shall be final and conclusive. Any suspension or revocation of a permit by the chief of police shall remain in full force and effect pending a hearing by the city council. (Ord. 1155 § 2 (part), 1993).
5.32.180 Violation and penalties.
(a) Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of one hundred fifty dollars for the first offense and on each subsequent offense by a fine of three hundred dollars.
(b) Each and every violation of any provision of this chapter shall be deemed to be a separate offense and shall be punishable as provided in this section. (Ord. 1155 § 2 (part), 1993).
5.32.190 Enforcement.
The chief of police shall enforce the provisions of this chapter. (Ord. 1155 § 2 (part), 1993).