Chapter 5.12
PUBLIC DANCE PERMITS

Sections:

5.12.010    Permit required.

5.12.020    Contents of application for permit--Issuance.

5.12.030    Fees.

5.12.040    Appeal to city council.

5.12.050    Council to make rules--Suspension or revocation of permit.

5.12.060    Definitions.

5.12.070    Minors.

5.12.080    Hours.

5.12.090    Lighting.

5.12.100    Intoxicated persons.

5.12.110    Persons under twenty-one instructing persons of opposite sex.

5.12.120    Employing females.

5.12.130    Chief of police may make rules for public dance.

5.12.140    Police officers in attendance--Decision for necessity.

5.12.150    Exemptions.

5.12.010 Permit required.

It is unlawful for any person, association of persons or corporations to conduct or assist in conducting any public dance hall, dance club or any public dance in the city unless under and by authority of a written permit obtained under the provisions of this chapter.

Such permit shall be posted in a conspicuous place on the premises where the dance for which such permit is issued is conducted and shall remain so posted during all the time dancing is taking place. (Ord. 7 1, 1964)

5.12.020 Contents of application for permit--Issuance.

(a)    Permits to conduct public dance halls, dancing clubs or public dances in the city may be issued by the chief of police or city clerk upon the written application of any person for himself, or in behalf of any association or corporation. Every such written application for a permit shall set forth the following facts:

(1)    The name and residence of the applicant or applicants, and if any applicant be a firm, the names and residences of the partners thereof; if any applicant be an association, the names and residences of the officers and directors thereof; and also the name of any manager or employee who will be in charge of the dance hall, dance club or public dance;

(2)    The place for which the permit is desired or in which any dance is to be, or dances are to be held;

(3)    The number and date of the dances to be held under the permit;

(4)    Other pertinent information that the chief of police or city clerk may require.

(b)    The chief of police or city clerk before issuing any permit shall first satisfy himself that the conduct of such dance hall, dancing club or public dance will comport with the public welfare, and for such purpose shall consider any facts or evidence bearing on the place where the proposed dance hall, dancing club or public dance is to be located, the character, reputation and moral fitness of those who will be in charge of it, and any other facts or evidence tending to enlighten the chief of police or city clerk in this respect. (Ord. 7 2, 1964)

5.12.030 Fees.

A license fee of $3.00 shall be payable with the application for each public dance, provided that the applicant may pay in advance a license fee of twenty-five dollars for all public dances at the same location during any one calendar month. If the chief of police or city clerk determines that the circumstances require one or more police officers to be in attendance, the applicant shall in addition pay a supervision fee of eighteen dollars to reimburse the city for the cost of each police officer at each public dance covered by the permit. Each permit shall be for a maximum period of five hours per dance. (Ord. 7A 1, 1965: Ord. 7 3, 1964)

5.12.040 Appeal to city council.

If the chief of police or city clerk denies a permit, the applicant may appeal to the city council by filing written notice thereof with the council or its clerk within ten days after such denial. Thereafter a hearing shall be held in the manner provided in Section 5.12.050 hereof. (Ord. 7 3.1, 1964)

5.12.050 Council to make rules--Suspension or revocation of permit.

The city council may make rules and regulations governing the public dance halls, public dances and dancing clubs; and the public dance halls, public dances and dancing clubs shall be conducted in accordance with such rules and regulations and all laws of the state of California, and in such manner as will comport with the public welfare. All permits issued under the terms of this chapter may be suspended or revoked by the city council for good cause, after hearing by the city council upon notice to show cause why the permit shall not be revoked. Notice may be given by mailing a copy of the notice to show cause to the owner or holder of the permit at the place or residence or address given in the application for the permit, at least ten days prior to the date of hearing. (Ord. 7 4, 1964)

5.12.060 Definitions.

(a)    “Dancing club” means any club or association of persons which conducts dances, other than public dances for its members or bona fide guests more often than once per month, and a “club dance” is defined to be any dance held by a dancing club.

(b)    “Public dance” means a gathering of persons upon any premises, other than premises used primarily as a hotel, where dancing is participated in either as the main purpose of such gathering or incidental to some other purpose, and to which premises the public is admitted.

(c)    “Public dance hall” means a place where dancing is conducted, whether for profit or not for profit, and to which the public is admitted either with or without charge or at which the public is allowed to participate in dancing, either with or without charge.

(d)    Provided that the provisions of this chapter relating to a license fee shall not be construed as applying to any dance held or conducted for the purpose of raising funds for any established or recognized charitable organization, or by any church, Sunday school, student body of any school, established or recognized youth organization, bona fide fraternal organization, labor organization, parent teachers’ association, veterans’ organization, bona fide civic or community organization or group, the primary purpose of which is the betterment of the cultural, social, economic, welfare and environment of the community. (Ord. 7 5, 1964)

5.12.070 Minors.

It is unlawful for any minor person under the age of eighteen years to enter, be or dance in any public dance hall, public dance, or club dance unless accompanied by his or her parent or legal guardian, or unless the minor is a member of a party which is chaperoned by the parent or legal guardian of at least one member of the party. It is unlawful for the proprietor or person in charge of any public dance, public dance hall or club dance to permit any such minor to enter, be or dance in any such dance hall, public dance or dance club, during the time that dancing is in progress, unless so accompanied or chaperoned. It is not unlawful for any minor person under the age of eighteen years to be in a bona fide hotel, cafe, or other place where meals are regularly served, and where a public dance is being held, in the event that such minor does not participate in the dancing therein. (Ord. 7 6, 1964)

5.12.080 Hours.

Except as provided in Section 5.08.130, no dance shall be conducted on any day between the hours of two a.m. and six a.m. (Ord. 385 2, 1977: Ord. 7-A 2, 1965: Ord. 7 7, 1964)

5.12.090 Lighting.

All public dance halls or places where public or club dances are held must at all times when open for dancing therein, or when dancing is being held therein, be brightly lighted throughout and the volume of illumination must not vary during the time such dance hall or public dance is open to the public or such club is open to its members or guests. (Ord. 7 8, 1964)

5.12.100 Intoxicated persons.

It is unlawful for any person in charge or assisting in the conduct of any public dance hall or any public dance or club dance to permit any intoxicated, boisterous or disorderly person to enter, be or remain in, or to assist in any such public dance hall, public dance or club dance; and it is unlawful for any person in an intoxicated condition to enter or remain in any public dance hall, public dance or club dance, or for any person to conduct himself in a boisterous or disorderly manner in a public dance hall, public dance or club dance. (Ord. 7 9, 1964)

5.12.110 Persons under twenty-one instructing persons of opposite sex.

It is unlawful for any person, firm or corporation conducting, maintaining or carrying on a public dance hall, public dance or club dance, or having charge or control thereof, to permit any instructor who is under the age of twenty-one years to give instructions in dancing to persons of the opposite sex in any private room or booth in such public dance hall, public dance or club dance.

For the purpose of this section the term “private room or booth” shall include any room, booth, alcove or enclosure, every part of which is not clearly visible at all times from the main dance floor located upon the same floor upon which such private room or booth is located.

Nothing in this section contained shall be deemed or construed as applying to any place wherein classic dancing is the principal subject taught. (Ord. 7 10, 1964)

5.12.120 Employing females.

It is unlawful conducting, maintaining or carrying on any public dance hall, public dance or club dance to employ persons for a salary per diem, or on commission, or for anything of value directly or indirectly, to act as dancing partners of the patrons, visitors or guests of any such public dance hall, public dance or club dance. (Ord. 783, 2001; Ord. 7 Il, 1964)

5.12.130 Chief of police may make rules for public dance.

Subject to review by the city council, the chief of police may make reasonable rules and regulations governing the conduct and operation of any public dance. He may, if he deems it necessary, require that the licensee employ and have present at all times during the public dance a woman attendant or matron. (Ord. 7-A 3, 1965: Ord. 7 12, 1964)

5.12.140 Police officers in attendance--Decision for necessity.

The chief of police or city clerk shall determine the necessity for the attendance of one or more police officers to preserve order at each public dance. If he determines that such attendance is necessary, he shall assign one or more police officers to be in continuous attendance at such dance. The presence of a police officer at any public dance shall not relieve the licensee of any existing obligation to maintain order. (Ord. 7-A 4, 1965: Ord. 7 12.1, 1964)

5.12.150 Exemptions.

This chapter shall not apply to any dance conducted by any city or public district having recreation powers, any public or private school, or any established or recognized youth organization under active adult sponsorship, permanently located within the city, as a part of its recreation program or for the exclusive participation of its duly registered pupils or members, including adult sponsors; however, any such organization may elect to apply for a permit and to have one or more police officers present, in which event it shall pay the fees prescribed by this chapter. (Ord. 7-A 5 (part), 1965: Ord. 7 12.2, 1964)