Chapter 5.25
PUBLIC DANCES
Sections:
5.25.070 Revocation and suspension.
5.25.080 Allowing undesirable persons to be in premises.
5.25.010 Definitions.
(1) "Public dance" is defined as a dance which is open and available to the patronage of the general public.
(2) "Public dance hall" is defined to be any room or place where public dancing is permitted or carried on.
(3) "Intoxicating liquor" shall include wine, beer, whiskey and all other liquors or beverages having an alcoholic content. (Ord. 124 § 1, 1971)
5.25.020 License – Required.
No person shall maintain public dance halls or conduct a public dance at any place or in connection with any business wherein intoxicating liquor is sold or served, save in accordance with the terms and conditions of this chapter and after obtaining a license therefor. (Ord. 124 § 2, 1971)
5.25.030 License – Types.
The city shall issue the following licenses for public dances:
(1) A public dance hall license shall be required where there is public dancing two or more nights in any calendar week in any establishment selling or serving intoxicating liquors.
(2) A casual public dance license shall be required for public dancing conducted less regularly than two nights per week in any establishment selling or serving intoxicating liquors. (Ord. 124 § 3, 1971)
5.25.040 Fees.
The fees for licenses issued pursuant to the terms of this chapter shall be payable in advance and such fees are as follows:
(1) For public dance hall license the sum of $50.00 per year.
(2) For casual public dance license the sum of $5.00 per dance. (Ord. 124 § 4, 1971)
5.25.050 Investigation.
(1) Upon the receipt of an application for a license under this chapter, the city marshal shall proceed to investigate the character of the applicant, the character of the persons to have direct management of the premises, the premises proposed to be licensed, the propriety of use of such premises for the conduct of the business proposed to be licensed, and the city marshal shall report to the city council the results of his investigation.
(2) The city council shall consider the application and the marshal’s report thereon and allow or disallow the license applied for. The city council shall have the power to deny any application if it is determined that the applicant or the person having the direct management of the premises is not a suitable person to carry on the business for which the license is sought, or if the premises proposed to be used is not deemed suitable or proper. (Ord. 124 § 5, 1971)
5.25.060 Issuance of license.
If the city council shall allow the license applied for, the city clerk/treasurer shall immediately notify the applicant and the license on such premises shall forthwith be issued upon payment of the required license fees. (Ord. 124 § 6, 1971)
5.25.070 Revocation and suspension.
The city marshal is hereby authorized to suspend any license issued under this chapter for a period not to exceed 24 hours in the event that any public dance hall or public dance licensed thereby is being conducted in violation of any laws of the state, this chapter or other city ordinance. Upon such suspension the city marshal shall file written charges with the city council and the city council shall have the power, by resolution, to suspend such license for such further period as they may deem proper or to revoke and annul such license. (Ord. 124 § 7, 1971)
5.25.080 Allowing undesirable persons to be in premises.
It shall be unlawful for the owner, proprietor, manager or person in charge of any place licensed under the provisions of this chapter or for any employee of such place to harbor, admit or permit any intoxicated or belligerent person to be on or remain in or about such place. (Ord. 124 § 8, 1971)
5.25.090 Penalties.
Any person who shall violate the terms and provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished therefor by a fine of $250.00 or incarceration of up to three months in the city jail or both. (Ord. 124 § 9, 1971)