Chapter 5.26
PUBLIC DANCE HALLS ADMITTING PERSONS UNDER THE AGE OF 18
Sections
5.26.030 Dance hall premises license required – Exceptions.
5.26.040 Dance hall operator’s license required.
5.26.050 License – Application – Requirements.
5.26.060 Inspection of dance hall premises.
5.26.070 License fees – Term – Assignment – Renewals.
5.26.080 License – Denial of application.
5.26.100 Suspension or revocation of licenses – Notice – Summary suspension or revocation.
5.26.120 Premises regulations.
5.26.121 Security guards required.
5.26.122 Litter control – Bond or cash deposit.
5.26.123 Area for waiting for admission and security.
5.26.124 Use of intoxicants or drugs – Duty to expel.
5.26.130 Hours of operation – Age restrictions – Penalty.
5.26.160 Construction of chapter – Election of other remedies.
5.26.010 Purpose.
This chapter is an exercise of police power for the protection of the public welfare, health, and safety of those children that attend and patronize dance halls. The city council finds and declares that the problems of runaway children, drug abuse, and abuse of children are pervasive and of such magnitude that they are a matter of city concern and are contributed to by unregulated dance halls. This chapter is intended to regulate dance halls that admit persons under the age of 18 in order to address the above referenced problems and to diminish the negative impact of unregulated dance halls thereon. [Ord. 702 § 2, 1987.]
5.26.020 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Clerk” means the city clerk or other person appointed by the city manager as licensing official under this chapter.
(3) “Juvenile” shall have the meaning set forth in RCW 13.34.030, as presently constituted or as may be subsequently amended.
(4) “Law enforcement officer” means a general authority Washington police officer:
(a) Who possesses a certificate of basic law enforcement training or a certificate of equivalency or has been exempted from the requirement therefor by the Washington State Criminal Justice Training Commission;
(b) Who has received a prior written consent of the chief of police in accordance with RCW 10.93.070 to exercise general law enforcement powers and authority in the city; and
(c) Who has registered with the chief of police or designee at least 24 hours in advance of a public dance for which he or she may be employed.
(5) “Public dance” means a dance that is open to the public and that permits the entry of a person under the age of 18 years and that:
(a) Is held and conducted for profit, direct or indirect; or
(b) Requires a monetary payment of a fee, membership fee, or other charge or contribution from a person admitted.
(6) “Public dance hall” means a place where a public dance is conducted, operated, or maintained and includes the premises in or on which the public dance is conducted, operated, or maintained, together with all hallways, bathrooms, and all privately owned adjoining areas and open spaces on or about the premises in or on which the public dance is conducted, including areas for vehicular parking, that are accessible to the public during the dance and that are subject to the control of the person or entity conducting, operating, or maintaining the public dance.
(7) “Security guard” means a person who is qualified as follows: has filed with the city clerk a valid and current security guard license issued by the Washington State Director of the Department of Licensing pursuant to chapter 18.170 RCW and proof of formal training in crowd control by an agency not associated with the licensee. [Ord. 1066 § 3, 1993: Ord. 993 § 10, 1992: Ord. 702 § 3, 1987.]
5.26.030 Dance hall premises license required – Exceptions.
(1) It is unlawful to conduct, operate, or maintain a public dance or public dance hall without a valid and current license, to be designated a “dance hall premises license.”
(2) A separate license is required for each public dance hall premises and the same shall at all times be conspicuously posted and maintained thereon.
(3) The clerk shall prescribe the form of such license, number the same, and shall indicate thereon the location of the licensed public dance hall.
(4) Exception. A license is not required if the public dance is sponsored and operated or conducted by an accredited educational institution or by a charitable, religious, or nonprofit organization or corporation that has received tax-exempt status under Internal Revenue Code paragraph 501(c)(3), Title 26 USC, as presently constituted or as may be subsequently amended. [Ord. 702 § 4, 1987.]
5.26.040 Dance hall operator’s license required.
It is unlawful to own, maintain, or operate for public use, or to place with another, by lease or otherwise, for public use, a dance hall premises for which a license is required by this chapter without a valid and current license to be designated a “dance hall operator’s license.” The clerk shall prescribe the form of such license and shall number the same. [Ord. 702 § 5, 1987.]
5.26.050 License – Application – Requirements.
A person seeking a dance hall premises or dance hall operator’s license shall complete and file a written application that shall include the following information:
(1)(a) The name and address of the applicant; and
(b) The name and address of the operator of the dance hall; and
(c) The name and address of the owner of the premises upon which the dance hall is located;
(2) If the information provided under subsection (1)(a) through (c) of this section involves an unincorporated association, corporation, or partnership, the name of the unincorporated association, corporation, or partnership, and the name and addresses of the limited partners, partners, officers, and directors thereof;
(3) A statement of all measures to be used to ensure that adequate traffic control and crowd protection, both within and immediately without the premises, will be maintained;
(4) A statement from the applicant that the premises are in compliance with all applicable city, county, and state health, building, zoning, fire, and safety ordinances and laws;
(5) Proof of indemnification required by DMMC 5.26.150;
(6) Such other information as the clerk determines is necessary to provide for the health, safety, and welfare of persons attending public dances and public dance hall functions;
(7) The clerk, upon presentation of such application and before acting upon the same, shall refer such application to the police department, which shall make a full investigation as to the truth of the statements contained therein, and to the community development department, which shall investigate and provide information to the clerk concerning compliance of the premises sought to be licensed with this and other applicable city, county, and state health, zoning, building, fire, and safety ordinances and laws. [Ord. 702 § 6, 1987.]
5.26.060 Inspection of dance hall premises.
(1) Applicants for a license authorized to be issued under this chapter shall allow the premises sought to be licensed to be inspected by authorized inspectors from the city fire, police, and community development department.
(2) Licensees operating premises licensed under this chapter shall hold those areas upon the premises that are accessible to the public open for routine regulatory inspections by the city fire, police, community development department, and county health departments during normal business hours and during those hours when a dance is being conducted. [Ord. 702 § 7, 1987.]
5.26.070 License fees – Term – Assignment – Renewals.
(1) The license year is from January 1st to December 31st of each year. All licenses expire on December 31st each year. All license fees are payable on an annual basis, in advance. Annual license fees are as follows:
Dance hall premises license $375.00 per annum for each premises
Dance hall operator’s license $100.00 per annum.
(2) License fees shall not be prorated, except that if the original application for license is made subsequent to June 30th in any year, the license fee for the remainder of that year shall be one-half of the annual license fee. Licenses issued under this chapter may not be assigned or transferred to other operators or premises.
(3) Applications for renewal of licenses issued under this chapter shall be filed with the clerk on or before the expiration date provided for in this section in the same manner and accompanied by payment of the same fees as are in effect for an original application for that license for the license year applied for. 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 license expiration date, as follows:
| Additional Percentage | ||
Days Past Due | of License Fee | ||
7 – 30 | 25% | ||
31 – 60 | 50% | ||
61 and over | 100% |
[Ord. 702 § 8, 1987.]
5.26.080 License – Denial of application.
(1) The clerk shall deny a license if:
(a) The applicant has failed to comply with a state, county, or city law or ordinance applicable to the premises or operator, as the case may be, including but not limited to, this chapter, or the city’s building, fire, land use, or health and safety codes;
(b) The licensee or any of the licensee’s officers, directors, partners, operators, employees, or any other person involved in the operation of the public dance or public dance hall have:
(i) Committed an act, that, if committed by a licensee, would be grounds for the suspension or revocation of a license or permit;
(ii) Been convicted within the last five years of:
(A) A felony involving a crime of violence (as defined in RCW 9.41.010(2) as presently constituted or as may be subsequently amended) upon a juvenile or a felony under chapters 9A.44, 9A.64, 9A.88, or 69.50 RCW; or
(B) A crime involving prostitution, promoting prostitution, prostitution loitering, or lewd conduct, or assault on a juvenile;
(c) Within the last two years the applicant has been refused a license or had a license revoked under the provisions of this chapter.
(2) An applicant denied a license may re-apply and be granted a license if the applicant can show that the basis for such denial no longer exists. [Ord. 702 § 9, 1987.]
5.26.090 Issuance of license.
(1) After an investigation, the clerk shall issue the applicable license or licenses authorized by this chapter if the clerk finds:
(a) That the business for which a license is required in this chapter will be conducted in a building, structure, and location that complies with the requirements and meets the standards of the applicable health, zoning, building, fire, and safety laws and ordinances of the state, the county, and the city including the requirements of this chapter; and
(b) That the applicant, his or her employee, agent, partner, director, officer, stockholder, or manager has not knowingly made a false, misleading, or fraudulent statement of material fact in the application for a license, or in a report or record required to be filed with the clerk; and
(c) That the applicant has not had a dance hall premises or dance hall operator’s license revoked by the city within two years of the date of the application.
(2) The decision of the clerk regarding issuance of a license shall be rendered within 30 days of the date of filing of the application. [Ord. 702 § 10, 1987.]
5.26.100 Suspension or revocation of licenses – Notice – Summary suspension or revocation.
(1) After an investigation and upon the recommendation of the chief of police, community development director, or fire chief, the clerk may, upon 30 days’ notice, temporarily or permanently suspend or revoke a license issued pursuant to this chapter where one or more of the following conditions exist:
(a) The license was procured by fraud or false representation of material fact in the application or in a report or record required to be filed with the clerk;
(b) The building, structure, equipment, or location of the business for 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, the county, and the city, or the requirements of this chapter;
(c) The licensee or his or her employee, agent, partner, director, officer, or manager has knowingly allowed or permitted:
(i) An unlawful act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the dance hall premises; or
(ii) The dance hall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur; or
(iii) The possession or consumption of liquor, as defined in RCW 66.04.010(15), by persons under the age of 21 years, in or upon dance hall premises; or
(iv) The giving or supplying of liquor, as defined in RCW 66.04.010(15), to a person under the age of 21 years; or
(v) The use by a person in or upon the dance hall premises of marijuana, cocaine, or other controlled substance (as defined in RCW 69.50.101(d) as presently constituted or as may be subsequently amended) not prescribed by a licensed physician for use by the person possessing or using the substance.
(2) If the clerk finds that any of the conditions set forth in subsection (1) of this section exists and that the existence of such condition constitutes a threat of immediate and serious injury or damage to person or property, the clerk may immediately suspend or revoke a license issued under this chapter without prior opportunity to be heard, in which event the licensee shall be entitled to a hearing in accordance with DMMC 5.26.110 at the earliest opportunity. The notice of immediate suspension or revocation of license given pursuant to this subsection shall include the clerk’s finding regarding the condition found to exist that constitutes a threat of immediate and serious injury or damage to person or property, and the reasons therefor, and shall also contain a notice of the date, time, and place when the hearing under DMMC 5.26.110 shall be held, that shall not be more than 10 days after the date of the notice of immediate suspension or revocation. [Ord. 702 § 11, 1987.]
5.26.110 Appeal.
A person aggrieved by the decision of the city clerk in refusing to issue or renew a license under this chapter or in temporarily or permanently suspending or revoking a license issued under this chapter shall be entitled to a review of such decision by appeal to the hearing examiner in accordance with the provisions of the hearing examiner code. Such appeal shall be in writing and must be filed with the city clerk within 10 days of receipt of notice of license revocation. Except in case of summary suspension or revocation of license because of immediate threat of serious injury or damage to persons or property pursuant to DMMC 5.26.100, the filing of such appeal shall stay the action of the clerk pending final decision. [Ord. 770 § 40, 1988: Ord. 702 § 12, 1987.]
5.26.120 Premises regulations.
The clerk shall not license a dance hall premises that does not conform to the following requirements, and shall revoke or suspend the license of a dance hall premises, and the license of an operator thereof, that does not maintain conformity with the following requirements:
(1) The licensee shall not permit doors to areas on the premises that are available for use by persons other than the licensee or employees of the licensee to be locked during business hours, including hours during which dances are conducted.
(2) The licensee shall maintain illumination generally distributed in all parts of the premises that are available for use by the public, at all times when the premises are open or when a member of the public is permitted to enter and remain therein.
(3) The licensee shall comply with the maximum environmental noise levels for cabarets adopted in DMMC 5.20.075 and 5.20.077.
(4) All persons admitted to the dance hall shall be admitted through a single entrance so that identification of persons admitted and occupancy load can be monitored. All emergency exit doors shall be alarmed. [Ord. 1066 § 2, 1993: Ord. 702 § 13, 1987.]
5.26.121 Security guards required.
The licensee is responsible to ensure that an adequate number of qualified security guards are employed and in attendance before, during, and following each public dance as is necessary in order to maintain order and ensure compliance with all applicable federal and state laws and city ordinances. A minimum of four security guards is required for up to the first 50 persons in attendance of which two security guards shall be located inside the dance hall premises, one security guard shall be located in the parking area and one security guard shall be located in the admission or waiting area. In addition to the minimum four security guards, one additional security guard for each additional 50 persons in attendance is required. The security guards for the dance hall shall include a minimum of two law enforcement officers. All security guards are required to be uniformed while on duty. [Ord. 1066 § 4, 1993.]
5.26.122 Litter control – Bond or cash deposit.
(1) The licensee shall submit to the clerk a cash deposit in the amount of $1,000, as security for the removal of litter resulting from a public dance authorized by the license. In the event the licensee fails to remove all litter on public or private property that results from a public dance conducted by the licensee within 12 hours of the end of the public dance, the city may cause such litter to be removed and pay the costs of the removal from the cash deposit. Litter resulting from the public dance shall be limited to that occurring within a 25-foot radius of the location of the dance hall. In the event the cost of litter removal exceeds the amount of funds on deposit, the licensee shall pay such excess costs.
(2) In the event funds are expended out of a cash deposit required by this section, the licensee shall, within five days of receipt of written notice of such expenditure, submit the amount necessary to replenish the cash deposit fund to the amount of the full cash deposit. No renewal license shall be issued unless the full amount of the cash deposit for litter removal is on deposit with the city at the time of the application for renewal. If funds sufficient to replenish the fund are not received within five days of receipt of written notice from the city, the dance hall license shall be suspended until sufficient funds are received.
(3) If the cash deposit funds for litter removal are fully expended within a one-week period, or if the funds fall below $100.00 twice in a quarter or five times in one year, the clerk shall require an additional cash deposit of $200.00.
(4) Upon termination of all activities authorized by a public dance license and removal of all litter resulting from such activity, the remainder of all cash deposit funds shall be refunded to the licensee, without interest. [Ord. 1066 § 5, 1993.]
5.26.123 Area for waiting for admission and security.
The dance hall shall provide an area that is not part of the public right-of-way or sidewalks, where patrons may wait for admission to the dance hall. This area shall be clearly marked. The design of the waiting area shall ensure that required exits are not blocked or obstructed by waiting patrons. The number of persons permitted in this area shall be limited to the number of persons reasonably likely to obtain admission to the dance hall within 30 minutes considering the normal rate of turnover of patrons with the dance hall. At no time shall the number of patrons waiting exceed the permitted occupancy load of the dance hall as established by the building code and fire marshal. The dance hall operator shall provide security guards to control the waiting area one hour before opening and one hour after closing, if patrons are present, and throughout the hours of operation. The security guards shall use their best efforts to prevent persons seeking admission but not permitted in the waiting area from congregating on the public right-of-way and sidewalks. [Ord. 1066 § 6, 1993.]
5.26.124 Use of intoxicants or drugs – Duty to expel.
The licensee and management of a dance hall shall prohibit a person who is or appears to be under the influence of intoxicating liquor or drugs from entering or remaining in the dance hall, and shall expel a person in such condition if found within a premises. [Ord. 1066 § 7, 1993.]
5.26.125 Expulsion of persons from dance hall premises – Warning not to return for 90 days – Criminal trespass.
The licensee shall expel from the dance hall premises a person who has violated a provision of this chapter or who has been cited for a violation of an ordinance of the city occurring on the dance hall premises. The licensee shall provide an expelled person with a written notice forbidding the expelled person from returning to the dance hall premises (including parking areas) for a period of 90 days following expulsion. The notice shall further warn the expelled person that if the expelled person returns to the dance hall premises within the 90-day period, the person will be prosecuted for criminal trespass in the second degree, a misdemeanor. Within 24 hours of expulsion, the licensee shall file with the Des Moines police department a copy of the expulsion notice and a photocopy of the photo identification of the expelled person. [Ord. 1066 § 8, 1993.]
5.26.130 Hours of operation – Age restrictions – Penalty.
(1) It is the sole responsibility of the licensee and any other person conducting and/or operating a public dance to require identification showing the age of each person admitted. The following are the only acceptable forms of proof of age: (a) a valid driver’s license or photo identification card issued by the State Department of Licensing, (b) a school picture identification card bearing the card year’s date, (c) a valid and current photo military identification, or (d) a valid and current passport.
(2) No person conducting or operating a public dance or a public dance hall shall allow a person under the age of 16 years to enter or remain on the premises except when the person’s parent or legal guardian is present.
(3) No person conducting or operating a public dance or public dance hall shall allow a person under the age of 18 years to enter or remain on the premises after 12:00 midnight, and a conspicuous notice of this requirement shall be posted at the public entrance.
(4) A person who knowingly or negligently allows a person to enter or remain at a public dance or on the premises of a public dance hall in violation of this chapter commits a violation of this chapter.
(5) A person under the age of 18 years who affirmatively misrepresents his or her age and obtains admission to a public dance or permission to remain in a public dance hall in violation of this chapter commits a violation of this chapter. [Ord. 1066 § 1, 1993: Ord. 702 § 14, 1987.]
5.26.140 Readmission fee.
No person conducting or operating a public dance or public dance hall shall permit a person, other than an employee, to leave that area of the dance hall for which an admission fee is charged and return thereto unless that person pays a readmission fee equal to, or greater than, one-half of the original price of admission. [Ord. 702 § 15, 1987.]
5.26.150 Indemnification.
(1) The licensee shall indemnify and hold the city harmless from all losses, claims, actions, or damages suffered by a person or persons by reason of or resulting from negligence of the licensee or its agents, employees, or patrons or on account of an act or omission of the licensee in its exercise of its license or use or occupancy of the premises. In the event 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 a final judgment adverse to the city or to the city and the licensee jointly; except that in the event the city determines that one or more principles of governmental or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that such death, injury, damage, loss, cost, or expense may have been, or may be alleged to have been, contributed to by the negligence of the city or its officers, employees, or agents; except that 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.
(2) 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 the license, general comprehensive liability insurance issued by one or more companies authorized to do business in the state, 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 all claims and risks in connection with an activity performed by the licensee by virtue of the license and provide the following minimum coverage: (a) $1,000,000 per person, per occurrence; (b) $1,000,000 annual aggregate. The policy must specifically name the city as an additional insured party thereunder in the following manner:
The city of Des Moines 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 thirty (30) days prior written notice to the clerk of the city of Des Moines.
(3) The licensee shall deliver to the clerk a copy of all policies required under this provision and all endorsements thereto or other evidence to the reasonable satisfaction of the city attorney that the licensee has secured or renewed and is maintaining insurance as required by this section.
The “ACORD” form of certification of insurance shall not be submitted as such evidence, and shall not be deemed to be satisfactory evidence unless the following changes are made on such form:
The wording on the top of the form:
This certificate is issued as a matter of information only and confers no rights upon the certificate holder.
shall be deleted in its entirety.
The wording at the bottom of the form:
Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail thirty (30) days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation of any kind upon the company.
shall be changed to read:
Should any of the above described policies be cancelled, reduced as to coverage, or otherwise changed before the expiration date thereof, the issuing company shall provide written notice of such action to the clerk of the city of Des Moines.
(4) The procuring of the insurance required by this section shall not be construed to limit licensee’s liability under this chapter.
(5) 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. Licensee agrees that all such claims, whether processed by licensee or its insurer, either directly or by means of an agent, will be handled by a person with a permanent office with the corporate limits of the county. [Ord. 702 § 16, 1987.]
5.26.160 Construction of chapter – Election of other remedies.
The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in the chapter shall be deemed to repeal or modify any of the other provisions of this code relating to licensing. [Ord. 702 § 17, 1987.]
5.26.170 Violation – Penalty.
(1) No person shall violate or fail to comply with this chapter.
(2) A violation of or failure to comply with this section is a class 1 civil infraction. [Ord. 1009 § 38, 1993: Ord. 702 § 18, 1987.]