Chapter 9.50
PUBLIC DANCES
Sections:
9.50.010 Public dance defined.
9.50.030 Necessity for license.
9.50.040 Application for issuance of license.
9.50.050 License nontransferable.
9.50.060 Hold harmless provision.
9.50.070 License denial, cancellation and revocation.
9.50.080 Use of return checks prohibited.
9.50.110 Alcoholic beverages prohibited.
9.50.120 Authority to terminate dance.
9.50.010 Public dance defined.
A “public dance” is any dance not held in a private home or residence which is open to the general public. [Ord. 656 § 1, 1994.]
9.50.020 Exclusions.
Provisions of this chapter shall not apply to dances conducted as follows:
1. Dances on premises licensed by the Oregon Liquor Control Commission at the time of the adoption of the ordinance codified in this chapter.
2. Dances or dancing instruction conducted by private dancing schools conducted exclusively for the purpose of giving instructions in dancing.
3. Dances sponsored by public schools or church organizations on their property.
4. Dances conducted by nonprofit clubs or fraternal, charitable or religious organizations. [Ord. 656 § 2, 1994.]
9.50.030 Necessity for license.
No public dance shall be held until a license is obtained under this chapter. [Ord. 656 § 3, 1994.]
9.50.040 Application for issuance of license.
1. Application for a license to hold a public dance shall be made in writing to the City Administrator at least two months prior to the date of the proposed dance. An application for a public dance license shall be accompanied by a fee as set by Council resolution, which fee may be for a single dance or regularly scheduled dances.
2. The application shall be signed by the applicant and by not less than two residents of the City of Harrisburg. The residents shall certify that the applicant is of good moral character and shall request that such a license be issued to the applicant.
3. The application shall contain all such information as may be relevant to the character and background of the applicant, his/her security personnel, and his/her associates and partners, if any.
4. The City Administrator shall forward the application to the Linn County Sheriff’s Department for investigation and may withhold issuance of a dance license until the application has been investigated and approved by the Sheriff’s Department. If approved by the City Administrator and Sheriff’s Department, the City Administrator shall issue the dance license. [Ord. 906 § 1, 2012; Ord. 656 § 4, 1994.]
9.50.050 License nontransferable.
Public dance licenses issued pursuant to this chapter shall not be transferable. [Ord. 656 § 5, 1994.]
9.50.060 Hold harmless provision.
By applying for and accepting a public dance license the applicant shall be deemed to have agreed to indemnify and hold harmless the City of Harrisburg, its officers, boards, commissions, agents, and employees against and from any and all claims, demands, or causes of actions of any kind or nature whatsoever which arise as a result of the issuance of the public dance license. [Ord. 656 § 6, 1994.]
9.50.070 License denial, cancellation and revocation.
1. Approval of a dance license shall be denied if the required application is incomplete, false or fraudulent or if the applicant, his security personnel, or partners or associates have, in the previous two years, violated the terms of a public dance license or of this chapter. Prior conviction of a felony or misdemeanor involving moral turpitude may be grounds for denial of a license when considered in the light of an applicant’s entire background. Denial of a dance license may be based upon previous disruptive behavior having occurred at a public dance promoted, sponsored or held by the applicant, within the previous two years. Disruptive behavior may also be grounds for revocation or suspension of a license by the City Administrator.
2. The City Administrator may cancel or revoke any dance license after it has been issued, if it is learned that the same was procured by fraud or false representation of fact.
3. The applicant may appeal to the City Council from the decision of the City Administrator in refusing to issue a public dance license or revoking or canceling a license previously issued.
4. All appeals to the City Council shall be in writing and filed with the City Recorder within three days from the date of notice of the City Administrator’s decision. All appeals shall be heard by the City Council at its next regular meeting.
5. The decision of the City Administrator shall not be stayed during the pendency of the appeal to the City Council. The City Council shall review the denial, suspension or revocation appealed from, and the action of the City Council shall be final. [Ord. 695 § 1, 1995; Ord. 656 § 7, 1994.]
9.50.080 Use of return checks prohibited.
1. No person shall give to any person leaving a dance hall a return check or other token whereby readmission to such dance hall can be obtained without the payment of a fee the same as on original admission.
2. No person leaving a dance hall shall receive any such ticket or token or gain readmission without paying the same fee as upon original admission.
3. The provisions of this section shall not affect in any way readmittance during or after a regularly scheduled intermission. [Ord. 656 § 8, 1994.]
9.50.090 Off-street parking.
An applicant for a dance hall license shall make provisions with the City for adequate off-street parking for the patrons of the dance. [Ord. 656 § 9, 1994.]
9.50.100 Closing hours.
All public dances shall be discontinued and all dance halls shall be closed on or before 12:30 a.m. [Ord. 656 § 10, 1994.]
9.50.110 Alcoholic beverages prohibited.
1. The use of alcoholic beverages is prohibited at a public dance except that a person granted a license under this chapter may serve and dispense alcoholic beverages for use on the premises of the public dance if that person has a valid special events permit issued by the Oregon Liquor Control Commission.
2. The necessity of obtaining a license under this chapter in no way relieves a person from complying with the rules and regulations of the Oregon Liquor Control Commission and any other applicable law. [Ord. 656 § 11, 1994.]
9.50.120 Authority to terminate dance.
The City Administrator or Linn County Sheriff’s Department representative shall have the authority to terminate a public dance without notice for noncompliance with this chapter or other applicable law. [Ord. 656 § 12, 1994.]
9.50.130 Penalties.
A person who violates any section of this chapter commits a violation punishable by a fine of not more than $250.00. [Ord. 656 § 13, 1994.]
9.50.140 Severability.
Each portion of this chapter shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this chapter shall not invalidate the remainder of the chapter. [Ord. 656 § 14, 1994.]