Chapter 9.40
PUBLIC DANCES
Sections:
9.40.020 Public dance defined—Exceptions to requirements.
9.40.030 License required—Fees.
9.40.040 Police and other security.
9.40.050 Application and review.
9.40.060 License—Issuance—Decision by town clerk/treasurer.
9.40.070 Inspections to enforce chapter.
9.40.080 Hours of operation—Age restrictions.
9.40.090 Town-owned or controlled property or facilities.
9.40.100 Prohibited activities—Police authority.
9.40.010 Purpose.
This chapter is an exercise of police power for the protection of the public welfare, health and safety of those persons that attend and patronize public dances, including those under the age of twenty-one years. The town council finds and declares that the problems of overcrowding, inadequate or locked exits, lack of adequate security, and the carrying on of dangerous activities, and problems of runaway children, drug abuse, unlawful use of alcohol, delinquent behavior and gang activities are a matter of serious town concern and are contributed to by unregulated dances. This chapter is intended to regulate public dances that admit all persons including those under the age of twenty-one years in order to address the above-referenced problems and to diminish the negative impact of unregulated dances thereon.
(Ord. 443 §1, 2006).
9.40.020 Public dance defined—Exceptions to requirements.
For the purpose of this chapter, the following definitions shall apply:
“Cabaret” means a tavern, cocktail lounge, a dining room, restaurant, or eating place where meals are served whether on tables or in booths or at lunch counters and/or where dancing is permitted on any designated floor space or in any connected building.
“Public adult dance” means any dance or ball to which those members of the public over the age of twenty-one may generally gain admission with or without payment of an admission fee, where alcoholic beverages are served or consumed.
“Public dance” means any dance to which members of the public may gain admission with or without payment of any fee. A dance at a private party to which admission is by invitation and without a charge is not a public dance.
Except where the context clearly indicates otherwise, the requirements for a public dance do not apply to the following:
1. A dance operated, held and sponsored by a fraternal, veteran, service or charitable organization which is generally recognized as such and is registered as a nonprofit organization in the state of Washington, by a bona fide church or by a political party organization eligible to be on the ballot in Washington State which is held on the premises owned or regularly leased by the organization;
2. A dance operated, held or sponsored by a generally recognized nonprofit organization registered as such in the state of Washington when held on premises licensed as a cabaret or public dance hall and which is part of a special function of such organization and is not held primarily for the purposes of being a public dance;
3. A dance operated, held or sponsored by an educational institution either in or not in conjunction with a recognized student group which is held on the premises of the institution, attendance to which dance is restricted to students and members of the educational institution and individual guests thereof. This exception is not applicable to dances open to members of another school not co-sponsoring it as a joint activity or open to members of the public.
“Public dance hall” means any room or part thereof, any hall or part thereof, or a pavilion, building or structure occupied for the purpose, in whole or in part, of conducting therein public dances or dancing.
“Public teenage dance” means any dance or ball to which the public under the age of twenty years generally may gain admission with or without payment of an admission fee.
(Ord. 443 §2, 2006).
9.40.030 License required—Fees.
No person, firm, corporation or co-partnership shall hold any public dance within the town without having first procured a license from the town clerk/treasurer, or his or her designee, subject to review by the chief of police for compliance with the provisions of this chapter.
A. License for Public Dance Required—Fees. A license for a public dance shall be good only for the day and place specified on the license. The chief of police, in reviewing the application, will determine the number of police officers/security personnel necessary to provide adequate public safety. The license fee shall be determined by the number of police officers the chief of police has determined are necessary. The chief of police shall determine the number of hours each police officer must be present to provide adequate public safety. If the town provides police security, the number of hours shall be multiplied by the overtime hourly rate of pay for the highest patrolman classification in effect at the time of the dance. The costs of each peace officer shall be added together. This total, plus a fifteen-dollar filing fee shall be the license fee required. The license fee must be paid in advance. The filing fee is in no case refundable. If the police chief determines that private security personnel must be used instead of members of the town’s police department, the cost of such security personnel shall be at the sole expense of the applicant.
B. Cabaret License—Fee. Cabaret licenses will be issued for a calendar year, January 1st through December 31st. However, the license will remain in effect until three a.m., January 1st. All holders of a cabaret license are advised that the issuance of a license for one year is not a guarantee of the issuance of a future license. The cabaret licenses are subject to suspension, revocation or refusal as provided in this chapter. Any improvements made upon the property because of the granting of a cabaret license are made at the owner’s risk because of the short duration of the permit. The fee for a cabaret license is two hundred dollars annually. Provided, however, in the event a cabaret license is not requested until after the 30th day of June, the cabaret license shall be one hundred dollars for the balance of the year for which the license is requested.
(Ord. 443 §3, 2006).
9.40.040 Police and other security.
A. In reviewing each application for a public dance license, the police department shall determine the minimum number of town police officers and the number of hours for each officer to be in attendance at the dance for the purpose of providing security.
B. The police department may require one or more police officers to be in attendance at the dance in addition to any private security officer or officers.
C. The police department may require that at least one officer be female or male. The police department may also require evidence that the private security officers to be used be physically capable of performing the tasks providing security.
D. The police department may require for a public dance as defined without the exceptions of Section 9.40.020 of this chapter, held on property or facilities owned or controlled by the city, that at least one city police officer be in attendance during certain hours regardless of the provisions of subsection B of this section.
(Ord. 443 §4, 2006).
9.40.050 Application and review.
A. The applicant shall provide the town clerk/treasurer in the application for a license all information required which shall include, but not be limited to:
1. The name, address and telephone number of the applicant or applicants. In the case of corporations or organizations, the applicant must be the president or other managing officer thereof who must provide his address and telephone number and the address and telephone number of the person associated with the corporation or organization who is actually responsible for conducting the dance and of the corporation or organization if different than his own;
2. The date and hours during which the dance is proposed to be conducted;
3. The address and proper name of the premises upon or in which the dance is to be conducted. Whether it is on or in private, public or town-owned or controlled property or facilities. The maximum number of persons allowed in or upon such place as restricted by the fire code or other regulation or law;
4. The approximate maximum attendance expected and the general age group expected;
5. The felony record and record of crimes for moral turpitude of the applicant and those directly assisting in the operation of the dance;
6. The purpose of the dance. If the dance is for any special occasion, what occasion;
7. How music will be provided and the type of music to be played;
8. A statement whether or not the applicant wishes to provide private security officers.
B. No license shall be issued unless the applicant and those directly assisting the operation of the dance, including nonpolice persons who are providing security, have no criminal history, including drug and alcohol violations of any kind, and the police department may require a criminal record check and all information needed to the extent such may be necessary to determine that the applicant and those directly assisting in the operation of the dance, and all nonpolice personnel providing security have no such criminal history.
C. In determining the number of city police officers and/or private security officers and their hours to be required, the appropriate information above and the following shall be considered:
1. The type of dance and its estimated attendance;
2. The design and location of the premises;
3. The past history or disorder associated with dances held by the applicant, at the premises or for the particular type of dance;
4. The past record of the private security agency providing security for such dances. The physical and other abilities of the other individual officers assigned to the dance.
D. No permit shall be issued unless the location of the public dance is in an area properly zoned for such activities and the building is one which is designed and built for public assemblies.
(Ord. 443 §5, 2006).
9.40.060 License—Issuance—Decision by town clerk/treasurer.
A. Public Dance.
1. The clerk/treasurer shall determine the number of hours for and the maximum attendance at the dance.
2. The license issued must be conspicuously posted on the premises showing the date and hours, its location, the maximum attendance allowed and the number and type of officers required for security.
B. Cabaret License.
1. No license shall be granted to any corporation, but if any dance shall be conducted by a corporation, the license shall be issued to the president, manager or other directing head thereof.
2. No license to conduct a cabaret shall be granted unless the applicant therefor has no criminal history, including drug and alcohol violations of any kind.
3. For the purpose of considering any application for a cabaret license, the town clerk/treasurer may make or cause to be made an inspection of the premises where such cabaret is to be maintained and conducted, and may investigate the character or reputation of the applicant. If, after his/her investigation, a determination is made that circumstances exist which place in doubt the question of issuing a new annual license, the town council shall hold a hearing on the matter of granting the license. The hearing will be open to the public and all those interested will be given an opportunity to speak. Notices of such hearing will be published at least once, no later than ten days before the date of hearing, in the official newspaper of the city. Notices will be sent to the applicant and any other person who has indicated a desire to be advised of the hearing. The town council will hear and consider all evidence presented and will issue written findings and conclusions which lead to a decision to issue or not to issue a license. The town council will consider the following in determining whether the granting of such license will interfere with the public peace, health or welfare:
a. The existence of ample and safe means of egress from the facility in the event of fire;
b. Prior experiences involving dances at the premises of the applicant, or in the area of the applicant’s premises;
c. Unreasonable problems of noise;
d. Policing or traffic problems;
e. Continued or repeated instances of disorderly conduct.
The decision of the town council will be final.
C. Cabaret License—Review. If at any time during a quarter in which a permit is in force, circumstances occur which call into question whether or not the permit should be continued, the town council shall hold a hearing as provided in subsection B of this section. Any license subject to review under this section shall continue in force until a decision is filed, unless the condition which caused the action to be taken is a threat to the health and safety of the patrons of the establishment or the surrounding area.
D. Cabaret License—Transfer Restriction. No cabaret license shall be assigned or transferred except by written permission of the town clerk/treasurer.
E. License—Revocation. Any license or licenses granted under this chapter to conduct a public dance, dancing, or cabaret, may be revoked by the clerk/treasurer for any violation of any of the provisions of this chapter, or for permitting the violation of any of the provisions of this chapter, or for violation of any state or federal law. Any such revocation by the clerk/treasurer shall be effective on the date of the revocation; provided, however, that any licensee whose license has been so revoked may appeal the decision of the clerk/treasurer to so revoke to the town council by filing with the clerk/treasurer within ten days from the date of any such revocation a written notice of appeal. Thereupon the clerk/treasurer shall forthwith transmit to the town council all applications and other documents constituting the records upon which the revocation action was taken. Upon the filing of such appeal, the town council shall fix a time and place of hearing and advise the appellant thereof. The time fixed for hearing of the appeal shall not be more than thirty days subsequent to the filing of the notice of appeal. The town council may, at the appeal hearing, receive such additional evidence as it deems to be relevant and shall have the power to affirm, alter, or over rule the ruling and decision of the clerk/treasurer. Failure to timely appeal the decision of the clerk/treasurer to revoke any license within the time period provided in this section shall make the revocation decision of the clerk/treasurer final and binding.
(Ord. 443 §6, 2006).
9.40.070 Inspections to enforce chapter.
All peace officers of the town, county and state, together with the town building inspector, fire marshal and/or code enforcement officer, shall be allowed access at no charge to all public dances for the purpose of inspection and to enforce compliance with this chapter.
(Ord. 443 §7, 2006).
9.40.080 Hours of operation—Age restrictions.
A. No public dance shall be conducted between the hours of one a.m. and eight a.m.
B. No public dance, as defined without the exceptions of Section 9.40.020 of this chapter, all or a portion of which is held out-of-doors (not in a fully enclosed building), shall be conducted after ten p.m. on Sunday through Thursday.
C. The town council may grant exceptions from the requirements above for good and sufficient cause shown in writing at least two weeks prior to the dance.
D. No person conducting or operating a public dance shall allow any person under the age of sixteen years to enter or remain on the premises except when such person’s parent or legal guardian is present.
E. No person conducting or operating a public dance or public dancehall shall allow any person under the age of eighteen years to enter or remain on the premises after twelve midnight.
F. Every person who knowingly allows a person to enter or remain at a public dance or on the premises of a public dancehall in violation of this chapter shall be deemed to have committed a civil infraction with the penalty as hereinafter provided.
G. Any person under the age of eighteen years who affirmatively misrepresents his or her age and obtains admission to a public dance or permission to remain in any public dancehall is in violation of this chapter.
(Ord. 443 §8, 2006).
9.40.090 Town-owned or controlled property or facilities.
A. Any person conducting a public dance as defined without the exceptions of Section 9.40.020 of this chapter, on town-owned or controlled property or facilities, shall, as a condition of being allowed to have such dance, agree to hold and save harmless the town, its officers, employees and agents from each and all such damage, injury, loss, cost or expense occasioned by the dance or the private security officers, and further agree that if a claim is made or suit is brought against the town, its officers, agents or employees on account of the dance or the private security officers, the person conducting it shall pay, defend and indemnify the town against all such claims and suits and shall pay any final judgment resulting therefrom.
B. The person conducting the public dance as defined without the exceptions of Section 9.40.020 of this chapter, on town-owned or controlled property or facilities shall provide written proof of a certificate of insurance effective the date of the dance, providing combined single-limit bodily injury, property damage and blanket contractual liability of not less than three hundred thousand dollars, with at least a twenty-day cancellation notice to the town.
C. The provisions of this chapter, including the licensing requirement, shall apply to any public dance as defined without the exceptions of Section 9.40.020 of this chapter when held on property or facilities owned or controlled by the town except that the clerk/treasurer or his/her designee may grant exceptions to all or a portion of the requirements set forth in this chapter for dances put on by nonprofit service or veteran organizations registered as such in the state of Washington.
(Ord. 443 §9, 2006).
9.40.100 Prohibited activities—Police authority.
A. It is unlawful for any person who shall operate, hold or sponsor a public dance as defined without the exceptions of Section 9.40.020 of this chapter, to allow or permit at such dance any indecent act to be conducted, or any conduct or disturbance of the peace to be committed, or any obscene or lewd act to occur.
B. The licensee shall not permit any doors to areas on the premises which are available for use by persons other than the licensee or employees of the licensee to be locked during the hours in which dances are conducted.
C. No person conducting or operating a public dance or dancehall shall permit any person, other than an employee, to leave that area of the dancehall for which an admission fee is charged and return thereto unless that person pays a readmission fee equal to, or greater than, one-half the original price of admission.
D. No person conducting or operating a public dance shall permit any person, other than an employee, to leave that area of the dancehall for which an admission fee is charged and return thereto unless that person pays a readmission fee equal to, or greater than, one-half the original price of admission.
E. Any member of the police department shall have the power to cause any public dance to cease and for all persons to disburse whenever (1) a violation occurs of any provision of this chapter in relation to the dance; or (2) there exists a real and apparent threat to or the actual harm of the public health, safety and welfare, including any disturbance of the peace, disorderly conduct, lewd or obscene or indecent acts.
(Ord. 443 §10, 2006).
9.40.110 Penalties.
Any person violating any of the provisions or requirements of this chapter including the conditions of the dance license and including the failure to promptly obey an order to disburse, shall be subject to revocation of license, and shall be liable to pay a civil penalty not to exceed two thousand five hundred dollars.
(Ord. 443 §11, 2006).