Chapter 5.17
PUBLIC AND TEEN DANCEHALLS

Sections:

5.17.010    Definitions.

5.17.020    License – Required – Fee – Renewals.

5.17.030    License – Exemption and waiver of payment.

5.17.040    License – Application.

5.17.050    License – Refusal to grant.

5.17.070    License – Revocation.

5.17.072    Teen dance – Age restrictions.

5.17.074    Teen dance – Readmission fee.

5.17.075    Chaperones.

5.17.076    Access – Public safety officer – Director.

5.17.078    License limited to licensee and location.

5.17.010 Definitions.

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

A.    “Dance hall” means any place or premises where a public dance is conducted, including but not limited to all parking areas, hallways, bathrooms and all adjoining areas accessible to the public during the dance.

B.    “Person” includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization.

C.    “Police chief” means the Bothell police chief or his designee.

D.    “Public dance” means any dance that is open to the public and which:

1.    Is conducted for a profit, direct or indirect; or

2.    Requires a monetary payment or contribution from the persons admitted.

E.    “Teen dance” means any public dance which permits the entry of persons under the age of 18 years. (Ord. 1216 § 1, 1986).

5.17.020 License – Required – Fee – Renewals.

A.    It is unlawful for any person to conduct a public and/or teen dance within the city without first having obtained and being the holder of a valid and subsisting license for such activity, to be known as a public or teen dance license. The fee for a public or teen dance license shall be established by resolution of the city.

B.    The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31st of each respective calendar year; provided, however, for calendar year 1986, licenses shall be obtained and paid in full on or before the first dance.

C.    There shall be assessed and collected by the clerk an additional charge computed as a percentage of the license fee, on renewal applications not made on or before the expiration date, as follows:

     Additional Percentage

    Days Past Due of License Fee

    7 – 30 25%

    31 – 60 50%

    61 and over 100%

(Ord. 1306 § 6, 1988; Ord. 1216 § 1, 1986).

5.17.030 License – Exemption and waiver of payment.

A.    If the dance is limited to 100 or fewer persons, it shall be exempt from the requirements in BMC 5.17.075 for an off-duty police officer.

B.    A license is not required if the public dance is sponsored by an educational institution accredited by the state.

C.    A license is not required if the public dance is sponsored 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 Section 501 as now existing or hereafter amended.

D.    If the public dance is managed or operated by the city, the license requirements of this chapter may be waived by the police chief.

E.    Those organizations which are not required to obtain a license under this chapter shall register their intent to conduct a public or teen dance with the city clerk within 14 days prior to each dance held, and shall include such information required for an application for a license under this chapter. Additionally, the organization shall provide proof satisfactory to the clerk of the organization’s exempt status. (Ord. 1216 § 1, 1986).

5.17.040 License – Application.

A.    Applications for any license pursuant to this chapter shall be submitted in writing to the city clerk upon such forms as the clerk may prescribe at least 30 days prior to the first dance. In addition to other information requested, application forms shall contain the name and place of residence of the applicant, the address and description of the premises to be licensed and the time and date of the dance or dances to be held. All applications shall be reviewed by the police chief and approved or denied by the police chief.

B.    The police chief may impose such conditions as he finds necessary to adequately protect the public health, safety and general welfare, including the condition that the licensee employ an off-duty police officer to enforce the laws of the state and city ordinances during any dance. (Ord. 1216 § 1, 1986).

5.17.050 License – Refusal to grant.

A.    The police chief shall deny a license if one or more of the following conditions exists:

1.    The applicant is not in compliance with any state, county or city law or ordinance applicable to the premises or operator;

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

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

b.    In the case of an applicant for a teen dance license, been convicted within the last five years of:

(1)    A felony involving a crime of violence (as defined in RCW 9.41.010(2) as now exists or as hereafter amended) upon a juvenile or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW, or

(2)    A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile; or

3.    Within the last two years the applicant has been refused a license or had a license revoked under the provisions of this chapter.

B.    Any applicant denied a license may reapply and be granted a license if the applicant can show that the basis for such denial no longer exists.

C.    When the police chief refuses to grant a license, or grants a license with conditions, he shall notify the applicant in writing of the same and shall inform the applicant of his right to appeal to the city council within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the city clerk. (Ord. 1216 § 1, 1986).

5.17.070 License – Revocation.

A.    The police chief may suspend or revoke, subject to the appeal procedures in BMC 5.17.050(C), any license issued pursuant to this chapter upon 10 days’ notice where one or more of the following conditions exist:

1.    The license was procured by fraud or false representation of material fact in the application or in any report or record required to be filed with the clerk;

2.    The building, structure, equipment or location of the business of which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the state of Washington, King County, and the city of Bothell, or the requirements of this chapter;

3.    The licensee or any owner, officer or agent thereof has committed any act which is a ground for denial of a license;

4.    The licensee or his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted:

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

b.    The dance hall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur; or

c.    The possession or consumption of liquor by persons under the age of 21 years, in or upon dance hall premises; or

d.    The giving or supplying of liquor by persons under the age of 21 years; or

e.    The use by any person in or upon the dance hall premises of marijuana, cocaine or any other controlled substance (as defined in RCW 69.50.101(d) as now exists or as hereafter amended) not prescribed by a licensed physician for use by the person possessing or using the substance.

B.    If the police chief finds that any of the conditions set forth in subsection A of this section exist and that the existence of such condition constitutes a threat of immediate and serious injury or damage to person or property, the police chief may immediately suspend or revoke any license issued under this chapter without prior opportunity to be heard, in which event the licensee shall be entitled to appeal the decision to the city council in accordance with BMC 5.17.050(C). The notice of immediate suspension or revocation of license given pursuant to this subsection shall include the police chief’s findings regarding the condition found to exist that constitutes a threat of immediate and serious injury or damage to person or property, and shall also inform the applicant of his right to appeal within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the city clerk. (Ord. 1216 § 1, 1986).

5.17.072 Teen dance – Age restrictions.

A.    No person conducting a teen dance or maintaining a teen dance hall shall allow a person under the age of 15, unless the person is in the ninth grade or greater, to enter or remain on the premises, except separate junior high dances may be held for persons between the ages of 12 and 15 or seventh through ninth grade. These dances must be closed by 11:00 p.m.

B.    No person conducting a teen dance or maintaining a teen dance hall shall allow persons under the age of 18 to enter or remain on the premises after 1:00 a.m.

C.    Every person who knowingly or recklessly allows a person to enter or remain in violation of this section shall be guilty of a misdemeanor. It is the responsibility of the person conducting and/or operating a teen dance to require identification showing the age and/or grade level of each person admitted.

D.    Any person under the age of 18 years who affirmatively misrepresents his or her age to obtain admission to or permission to remain in any teen dance in violation of this chapter shall be guilty of a misdemeanor. (Ord. 1216 § 1, 1986).

5.17.074 Teen dance – 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 the original price of admission. (Ord. 1216 § 1, 1986).

5.17.075 Chaperones.

The dance hall establishment shall be required to supply chaperones to equal two percent of the capacity of the dance hall, as established by the city fire department, one of whom will be an off-duty police officer. At least 50 percent of the chaperones shall be adults, and, for each 500 individual capacity or percentage thereof, an off-duty police officer shall be included in the total number of chaperones. (Ord. 1216 § 1, 1986).

5.17.076 Access – Public safety officer – Director.

All police officers of the city and/or the chief of police shall have free access to public dances and dancehalls when a dance is being conducted for the purpose of inspection and to enforce compliance with the provisions of this chapter and other applicable city, county and state health, zoning, building, fire and safety ordinances and laws. (Ord. 1216 § 1, 1986).

5.17.078 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 unless approved in writing by the police chief. (Ord. 1216 § 1, 1986).