Chapter 5.16
DANCES AND CABARETS
Sections:
5.16.010 Cabaret defined.
5.16.020 Public dance license—Required—Fee.
5.16.030 Application for licenses—Issuance—Posting.
5.16.040 Cabaret license—Fees.
5.16.050 License fees—Change in class—Payment required.
5.16.060 License fees—Proration.
5.16.070 Adoption of rules and regulations—Refusal of license or permit.
5.16.080 Hours of closing—Special permit.
5.16.090 Obscene performances prohibited—Lighting requirements.
5.16.100 Intoxicated or boisterous persons prohibited.
5.16.110 Intoxicating beverages prohibited.
5.16.120 Smoking prohibited.
5.16.130 Licenses—Revocation—Nontransferable.
5.16.140 Right of entry for inspection.
5.16.150 Violation—Penalty.
5.16.010 Cabaret defined.
“Cabaret” means any room, place or space whatsoever in the city in which any music, singing, dancing or other similar entertainment is permitted in connection with any hotel, restaurant, cafe, club, tavern, eating place, directly or indirectly selling, serving or providing the public, with or without charge, food or liquor. (Ord. 3009 § 2, 1985; prior code § 5.20.010)
5.16.020 Public dance license—Required—Fee.
A. It is unlawful to conduct a public dance within the city unless a public dance license is obtained. Any dance to which the public is invited or allowed to attend shall be deemed a public dance, irrespective of whether live or mechanical entertainment is used. Such license shall be required whether the sponsoring organization is for profit or charitable. “Public dances” are further defined to be dances to be held on a one-time or infrequent basis. In the event regular dances are to be held a cabaret license shall be obtained.
B. The license fee for a public dance shall be twenty-five dollars per day or night; provided, however, license fees for nonprofit or charitable organizations may be waived upon a finding of charitable or nonprofit status by the clerk-treasurer. (Ord. 3009 § 3, 1985; prior code § 5.20.020)
5.16.030 Application for licenses—Issuance—Posting.
Application for licenses under this chapter shall be filed with the clerk-treasurer, accompanied by a receipt showing the payment to the clerk-treasurer of a license fee. After the chief of police has determined that a license should be granted the applicant, the clerk-treasurer shall be notified of such action and shall issue the license or permit to the applicant. All licenses granted under this chapter shall be kept posted in a conspicuous place on the licensed premises. (Prior code § 5.20.090)
5.16.040 Cabaret license—Fees.
The following annual license fees, effective January l, 1986, shall apply; provided however, such fees, at the applicant's option may be paid annually or on a quarterly basis.
A. Establishments where alcoholic beverages are served and live entertainment is provided, four hundred dollars;
B. Establishments where alcoholic beverages are served and mechanical entertainment is provided, three hundred dollars;
C. Establishments where no alcoholic beverages are served and live entertainment is provided, two hundred fifty dollars;
D. Establishments where no alcoholic beverages are served and mechanical entertainment is provided, two hundred dollars. (Ord. 3030 § 1, 1985; Ord. 3009 § 4, 1985; prior code §§ 5.20.030, 5.20.040)
5.16.050 License fees—Change in class—Payment required.
Licensed establishments may engage in the activity covered by a lower class of license than the one they possess without payment of any additional license fee. In the event an establishment possessing a lower class of license elects to engage in activity requiring a higher class of license, a new license covering that activity must be procured by the payment of a fee equalling the difference between the license fee paid and the license fee applicable to the higher class of license. (Ord. 3030 § 1, 1985; Ord. 3009 § 4, 1985; prior code §§ 5.20.030, 5.20.040)
5.16.060 License fees—Proration.
A. Any establishment commencing business at a time other then January 1st shall make payment from the first day of the calendar quarter last preceding the date upon which application is made.
B. The licenses issued under this chapter are not transferable in the event of a change in the ownership of the business or other similar circumstances. (Ord. 3030 § 1, 1985; Ord. 3009 § 4, 1985; prior code §§ 5.20.030, 5.20.040)
5.16.070 Adoption of rules and regulations—Refusal of license or permit.
The city council may make all proper and necessary administrative rules and regulations for the purpose of carrying into effect the provisions of this chapter with respect to the conduct of public dances and cabarets. It may refuse to grant licenses or permits for dances to be located at such times as will in its judgment interfere with the comfort and happiness of the community in which the proposed dance or dancehall is to be located. (Prior code § 5.20.070)
5.16.080 Hours of closing—Special permit.
No public dance shall be conducted or dancehall or cabaret be kept open between the hours of 2:00 a.m. and 6:00 a.m., unless a special permit is obtained from the city council. (Prior code § 5.20.060)
5.16.090 Obscene performances prohibited—Lighting requirements.
No obscene dance shall be performed or carried on in any cabarets, dancehall or any dance licensed under this chapter. All buildings, halls, rooms, pavilions or any other place where public dances or cabaret dances are carried on, as well as halls, corridors and rooms leading thereto or connected therewith, shall at all times while open to the public be well lighted. (Ord. 3009 § 5, 1985; prior code § 5.20.050)
5.16.100 Intoxicated or boisterous persons prohibited.
It is unlawful for any person or employee thereof having the care of, conducting or carrying on any public dancehall or having charge or control thereof, to allow or permit any person under the influence of intoxicating liquor or any boisterous or disorderly person, to enter, be in, dance or remain in or about the premises of such public dancehall. (Prior code § 5.20.130)
5.16.110 Intoxicating beverages prohibited.
It is unlawful for any person conducting a public dancehall or for any person having charge or control thereof, at any time when a dance is being conducted therein to consume or bring into such dancehall or any rooms in connection therewith any intoxicating beverages or permit intoxicating liquors to be drunk in such dancehall or in any of such rooms. It shall likewise be unlawful for any other person during such time to take or carry into the room or rooms, or dancehall, any intoxicating liquor or to drink the same therein. (Prior code § 5.20.140)
5.16.120 Smoking prohibited.
It is unlawful for any person or persons to smoke or carry in his or her hand when dancing a lighted cigar, cigarette or pipe in any public dancehall at any time a dance is in progress. (Prior code § 5.20.150)
5.16.130 Licenses—Revocation—Nontransferable.
Any license granted under this chapter may be revoked by the city council after a hearing held upon not less than ten days' written notice to the licensee or permittee and the action of the city council revoking such license or permit shall be final and conclusive. Every licensee or permittee accepting a license or permit under this chapter shall be deemed to have consented to the provisions of this chapter with respect to the revocation of licenses or permits. No license granted under this chapter shall be transferred except by a formal order of the city council, nor shall any dancehall or public dance be conducted at any place other than that specified in the license or permit therefor. (Prior code § 5.20.100)
5.16.140 Right of entry for inspection.
All peace officers of the state, county and city shall have free access to all public dances, dancehalls and cabarets for the purpose of inspecting and enforcing compliance with the provisions of this chapter. (Prior code § 5.20.080)
5.16.150 Violation—Penalty.
Any person or persons violating any of the provisions of this chapter shall, upon conviction thereof, be fined any sum not exceeding three hundred dollars or be imprisoned in the city jail for a period not to exceed ninety days, or by both such fine and imprisonment. (Prior code § 5.20.170)