Chapter 6.32
TEEN DANCE HALLS

Sections:

6.32.010    Definitions.

6.32.020    Teen dance or dance hall license – Required – Exceptions.

6.32.030    License – Application – Requirements.

6.32.040    License – Denial of application.

6.32.050    License – Suspension or revocation – Grounds.

6.32.060    Security personnel.

6.32.070    Age restrictions – Identification requirements for public dances and teen dances – Penalty.

6.32.080    Hours of operation.

6.32.090    Readmission fee.

6.32.100    Access – Peace officer.

6.32.110    Fees.

6.32.120    Licensing – Retroactively.

6.32.130    License – Limited to licensee and location.

6.32.140    License – Renewal.

6.32.150    Indemnification.

6.32.160    Authority of the director.

6.32.170    Operating without a license – Penalty.

6.32.010 Definitions.

For the purpose of this chapter and unless the context plainly requires otherwise the following definitions are adopted:

“Department” shall mean department of finance.

“Director” shall mean finance director.

“Knowingly” shall have the definition set forth in the Bellingham Municipal Code.

“Person” includes any natural person and, in addition, a corporation, partnership or an unincorporated association.

“Public dance” means any dance that is readily accessible to the public and which:

A. Is held and conducted for a profit, direct or indirect; or

B. Requires a monetary payment or contribution from any of the persons admitted.

“Sponsored” shall mean the person putting on a teen dance shares responsibility for the organizing of the dance and providing the financial cost to put on the dance. Any person receiving profits from a dance in which the person has not provided the organization and financial support for the dance, is not considered a sponsor.

“Teen dance” means any public dance as herein defined which permits the entry of persons under the age of 18 years.

“Teen dance hall” means any place where a teen dance is conducted, operated or maintained, including but not limited to all parking areas, hallways, bathrooms, and all adjoining areas on the premises accessible to the public during the dance and under the control of the operator of the teen dance. [Ord. 2010-11-062; Ord. 10197, 1991].

6.32.020 Teen dance or dance hall license – Required – Exceptions.

A. No person shall conduct or operate a teen dance or teen dance hall unless the person who is conducting or operating such teen dance hall has obtained a license in accordance with the provisions of this chapter. Such license is in addition to the general business registration required by Chapter 6.05 BMC.

B. Exceptions.

1. The requirements of this chapter shall not apply if the teen dance hall is limited to 100 or fewer persons.

2. The requirements of this chapter shall not apply if the teen dance is sponsored and operated or conducted by an accredited educational institution or governmental agency.

3. The requirement of this chapter shall not apply if the teen dance is sponsored and operated or conducted by a nonprofit tax-exempt organization, corporation or association recognized by the United States of America as exempt from federal income taxation pursuant to Section 501(c)(1) or (3) of the Internal Revenue Code of 1954, 26 USC 501 as now existing or hereafter amended. [Ord. 2012-10-047 § 25; Ord. 2010-11-062; Ord. 10197, 1991].

6.32.030 License – Application – Requirements.

The person desiring to conduct and/or operate a teen dance shall be responsible for obtaining a teen dance hall license. Each applicant shall complete an application which shall include the following information:

A. 1. The name and address of the applicant;

2. The names and addresses of the operator, manager and employees of the dance hall;

3. The name and address of the owner of the premises upon which the dance hall is located;

4. An oath or affirmation that the information listed is true under penalty of perjury.

B. If the answers to subsections (A)(1) through (3) of this section involve an unincorporated association, corporation or partnership, the name of the unincorporated association, corporation or partnership, and the names and addresses of the limited partners, officers and directors thereof;

C. A statement of any and all measures to be used to ensure that adequate traffic control and crowd protection, both within and without the premises, will be maintained;

D. A statement from the applicant that the premises are in compliance with all city laws including, but not limited to, building, zoning, planning and fire codes; and a statement that the applicant will, in the conduct and operation of the dance hall, comply with all city laws, including, but not limited to, the noise control ordinance. [Ord. 10197, 1991].

6.32.040 License – Denial of application.

The director shall deny a license if:

A. The applicant has failed to comply with all state, county and city laws which shall include, but is not limited to, building, zoning, planning and fire codes;

B. The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the dance hall have:

1. Committed any act which, if committed by a licensee, would be grounds for the suspension or revocation of a license permit;

2. Been convicted within the last five years of:

a. A felony involving a crime of violence as defined in RCW 9.41.010 or any felony under Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW;

b. A crime involving prostitution, lewd conduct, or assault on a juvenile; or

C. The applicant has been refused a license or had a license revoked under the provisions of this chapter; provided, however, that any applicant denied a license may reapply if the basis for such denial no longer exists. [Ord. 10197, 1991].

6.32.050 License – Suspension or revocation – Grounds.

A license issued pursuant to this chapter may be suspended or revoked upon a finding that any one or more of the following conditions exist:

A. The license was procured by fraud or false representation or omission of material fact in the license application;

B. The applicant or licensee, or any officer, director, or agent thereof knowingly has made any false statement or given any false information in connection with an application for a license or a renewal of a license;

C. The licensee or any employee, agent, partner, director, officer or manager thereof has knowingly allowed or permitted:

1. A felony involving a crime of violence as defined in RCW 9.41.010 or any felony under Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW to occur in or upon the dance hall premises;

2. A crime involving prostitution, lewd conduct, or assault on a juvenile to occur in or upon the dance hall premises;

3. Any act of or solicitation for sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the dance hall premises; or

4. The possession of any weapon, or the possession or consumption of alcohol and/or marijuana, cocaine, or any other controlled substance (as defined in RCW 69.50.101(d) as now exists or as hereinafter amended) in or upon the dance hall premises; or has knowingly failed to remove from such premises any person who appears to be under the influence of or affected by the use of alcohol or any controlled substance or whose conduct poses a physical danger to the safety of others present.

D. The licensee or any employee, agent, partner, director, officer or manager thereof violated any of the provisions of this chapter or committed any act which is a ground for denial of a license issued pursuant to this chapter; or

E. The building, structure, equipment or location of the business or dance for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, or fire and safety laws of the state of Washington and the city of Bellingham, or the requirement of this chapter. [Ord. 10197, 1991].

6.32.060 Security personnel.

It shall be the obligation of every person licensed under this chapter to ensure that an adequate number of qualified security personnel are employed and in attendance upon teen dance hall premises during and following each teen dance as is necessary to maintain order and ensure compliance with the laws of the state of Washington and ordinances of the city of Bellingham. An “adequate number of security personnel” shall include at least two people, licensed as private security officers in the city of Bellingham or police officers, whose services shall be paid for by the licensee. Those security personnel not having law enforcement training must have received formal training in crowd control by an approved agency not associated with the licensee. [Ord. 10197, 1991].

6.32.070 Age restrictions – Identification requirements for public dances and teen dances – Penalty.

A. No person conducting or operating a teen dance or teen dance hall shall permit, either by act or omission, any person under the age of 15 years to enter or remain on the premises without a parent or legal guardian present.

B. No person conducting or operating a teen dance hall shall permit, either by act or omission, any person over the age of 20 years to enter or remain upon the premises, except a parent or legal guardian accompanying a person under the age of 18 years, and except bona fide employees of the person conducting or operating such teen dance or teen dance hall.

C. The person conducting and/or operating a public dance or teen dance shall take reasonable measures to ascertain the age of each person admitted or seeking to be admitted.

D. Any person who shall by affirmative misrepresentation of age obtain admission to or permission to remain in any teen dance in violation of this chapter shall be guilty of a misdemeanor. [Ord. 10197, 1991].

6.32.080 Hours of operation.

No teen dance or teen dance hall shall be conducted, operated, or otherwise open to the public between the hours of 1:00 a.m. and 8:00 a.m.; and the exclusion or attempted exclusion during those seven hours of persons under 18 years of age shall not relieve any person operating, maintaining or conducting such a dance or dance hall from this prohibition. [Ord. 19107, 1991].

6.32.090 Readmission fee.

No person conducting or operating a teen dance or teen dance hall shall permit any person, other than an employee, to leave the dance or dance hall and return unless that person pays a readmission fee equal to, or greater than, one-half the original price of admission. [Ord. 10197, 1991].

6.32.100 Access – Peace officer.

All peace officers of the city of Bellingham shall have free access to public dances and dance halls when a dance is being conducted for the purpose of inspection and to enforce compliance with the provisions of this chapter. [Ord. 10197, 1991].

6.32.110 Fees.

The annual fee for a teen dance hall license shall be $120.00. [Ord. 10197, 1991].

6.32.120 Licensing – Retroactively.

All licenses issued prior to the effective date of the ordinance codified in this chapter shall entitle the holder of such license a period of 35 days, following said effective date of said ordinance, to comply with the provisions of this chapter. [Ord. 10157, 1991].

6.32.130 License – Limited to licensee and location.

Any license issued under the provisions of this chapter shall apply to a single licensee and to a single location only and shall not be transferable to other locations or to other persons. [Ord. 10197, 1991].

6.32.140 License – Renewal.

Each license issued by the director shall be valid for a period of one year. [Ord. 10197, 1991].

6.32.150 Indemnification.

A. The licensee shall indemnify and hold the city harmless from any and all losses, claims, actions, or damages suffered by any person or persons by reason of or resulting from any negligence of the licensee or its agents, employees, or patrons or on account of any act or omission of the licensee in its exercise of its license or use or occupancy of the premises. In the event any suit or action is brought against the city, the licensee shall, upon notice of the commencement thereof, defend the same, at no cost and expense to the city, and promptly satisfy any final judgment adverse to the city or to the city and the licensee jointly; provided, that in the event the city determines that one or more principles of government or public law are involved, the city retains the right to participate in such action. In the event of an ultimate finding of concurrent negligence by the licensee and the city, the licensee’s and the city’s responsibility for the defense costs and for satisfying any judgment, in excess of insurance, shall be proportionate to the percentage of each party’s negligence or that of its agents, employees, representatives and subcontractors. In the event of an ultimate finding of no negligence by the city, the licensee shall have total responsibility for defense costs and for satisfying any judgment. Nothing contained in this section shall be construed as requiring the licensee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city or its officers, employees, or agents.

B. As a condition precedent to obtaining a license, the licensee shall, at no expense to the city, secure and maintain during the full term of this agreement, general comprehensive liability insurance issued by one or more companies authorized to do business in the state of Washington, which insurance shall be subject to the approval of the city attorney as to company, form, coverage, and which insurance must fully protect the city from any and all claims and risks in connection with any activity performed by the licensee by virtue of this agreement and provide the following minimum coverage:

1. One million dollars per person, per occurrence;

2. One million dollars annual aggregate.

Said policy must specifically name the city of Bellingham as an additional insured party thereunder in the following manner:

The City of Bellingham is an additional insured for all coverages provided by this policy of insurance and shall be fully and completely protected by this policy and for any claim, suit, injury, death, damage or loss of any sort sustained by a person, organization or corporation in connection with any activity upon or use or occupancy of establishments regulated by this section.

The coverages provided by this policy to the City or any other named insured shall not be terminated, reduced, or otherwise changed in any respect without providing at least 30 days prior written notice to the Director.

C. The procuring of the insurance required by this section shall not be construed to limit licensee’s liability hereunder.

D. Licensee shall provide for the prompt and efficient handling of all claims for injury, death, damage or loss arising out of the acts or omissions of licensee during the term of this section. [Ord. 10197, 1991].

6.32.160 Authority of the director.

The director is authorized to:

A. Make rules for the interpretation and implementation of this chapter.

B. Grant, renew, deny, suspend or revoke licenses according to the terms of this chapter.

C. Collect fees for the application or transfer process according to the terms of this chapter. [Ord. 10197, 1991].

6.32.170 Operating without a license – Penalty.

Any person who shall conduct or operate a teen dance or teen dance hall without a valid license issued pursuant to this chapter shall be guilty of a misdemeanor. [Ord. 10197, 1991].