Chapter 5.20
DANCEHALLS
Sections:
5.20.010 Definitions.
5.20.020 Dance or dancehall license—Required—Exceptions.
5.20.030 License—Application requirements.
5.20.040 License—Term.
5.20.050 License—Limited to licensee and location.
5.20.060 License—Fee.
5.20.070 License—Denial of application.
5.20.080 Hours of operation—Age restrictions—Penalty.
5.20.090 Admission fees.
5.20.100 Access—Peace officer—Director.
5.20.110 License—Suspension or revocation—Grounds.
5.20.120 Indemnification.
5.20.130 Operating without a license—Penalty.
5.20.010 Definitions.
For the purpose of this chapter and unless the context plainly requires otherwise the following definitions are adopted:
A. “Public dance” means any dance that is readily accessible to the public and which permits the entry of any persons under the age of eighteen years and which:
1. Is held and conducted for a profit, direct or indirect; or
2. Requires a monetary payment or contribution from any of the persons admitted.
B. “Public dancehall” means any place where a public dance is conducted, operated or maintained and includes the premises in which the public dance is conducted, operated or maintained including but not limited to all parking areas, hallways, bathrooms and all adjoining areas on the premises accessible to the public during the dance.
C. “Person” means and includes any natural person and, in addition, a corporation, partnership or an unincorporated association. (Ord. 3023 § 1, 1985)
5.20.020 Dance or dancehall license—Required—Exceptions.
A. No person shall conduct or operate a public dance or public dancehall unless the person who is conducting or operating such public dance or public dancehall has obtained a license in accordance with the provisions of this chapter.
B. Exceptions.
1. A license is not required if the public dance is sponsored by an accredited educational institution.
2. 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 § 501(c)(1) or (3) of the Internal Revenue Code of 1954, 26 U.S.C. § 501 as now existing or hereafter amended.
3. If the public dancehall is managed or operated by the city the license requirements of this chapter may be waived by the city council. (Ord. 3023 § 2, 1985)
5.20.030 License—Application requirements.
The person desiring to conduct and/or operate a public dance shall be responsible for obtaining a public dancehall license.
Each applicant shall complete an application which shall include the following information:
A. The name and address of the applicant;
B. The name and address of the operator of the dancehall;
C. The name and address of the owner of the premises upon which the dancehall is located;
D. A statement of any and all measures used to insure that adequate traffic-control and crowd protection, both within and without the premises, will be maintained;
E. A statement from the applicant that the premises are in compliance with all city laws including, but not limited to, building, zoning, planning and fire codes;
F. Such other information as the clerk-treasurer may require and is relevant to the furtherance of the provisions contained in this chapter. (Ord. 3023 § 3, 1985)
5.20.040 License—Term.
Each license issued by the city shall be valid for a period of one year. (Ord. 3023 § 11, 1985)
5.20.050 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. (Ord. 3023 § 10, 1985)
5.20.060 License—Fee.
The fee for a public dancehall license shall be as set forth in the city's cabaret ordinance. (Ord. 3023 § 9, 1985)
5.20.070 License—Denial of application.
The clerk-treasurer shall deny a license if:
A. The applicant has failed to comply with all state, county and city laws which shall include, but are not limited to, building, zoning, planning and fire codes;
B. The licensee or any of the licensee's officers, directors, partners, operators or any other person involved in the operation of the dancehall have:
1. Committed any act, which, if committed by a licensee, would be grounds for the suspension or revocation of a license or permit,
2. Been convicted of:
a. A felony involving a crime of violence as defined in RCW 9.41.010 or any felony under RCW Chapters 9A.44, 9A.64, 96.50 or 9A.88 within the last five years,
b. Contributing to the dependency or delinquency of a minor,
c. A crime involving prostitution, lewd conduct or assault on a juvenile within the last five years;
C. The applicant has been refused a license or had a license revoked under the provisions of this chapter, provided, however, that any applicant denied a license may reapply if the basis for such denial no longer exists. (Ord. 3023 § 4, 1985)
5.20.080 Hours of operation—Age restrictions—Penalty.
A. No person conducting a public dance or person maintaining a public dancehall shall allow persons under the age of fourteen to enter or remain on the premises without a parent or legal guardian present.
B. No person conducting or operating a public dance or public dancehall shall allow persons under the age of eighteen to enter or remain on the premises without a parent or legal guardian present after 2:00 a.m.
C. Every person who knowingly or recklessly shall allow 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 public dance to require identification showing the age of each person admitted.
D. Any person under the age of eighteen years who shall by affirmative misrepresentation of age obtain admission to or permission to remain in any public dance in violation of this chapter shall be guilty of a misdemeanor. (Ord. 3183 § 1, 1992; Ord. 3023 § 6, 1985)
5.20.090 Admission fees.
No person conducting or operating a public dance or public dancehall shall permit any person, other than an employee, to leave the dance or dancehall and return unless that person pays a readmission fee equal to the original price of admission. (Ord. 3023 § 7, 1985)
5.20.100 Access—Peace officer—Director.
All peace officers of the city 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. (Ord. 3023 § 8, 1985)
5.20.110 License—Suspension or revocation—Grounds.
A license may be suspended or revoked upon a finding that any applicant or licensee, or any owner, officer or agent thereof:
A. Has omitted to disclose any material fact in the application for a license; or
B. Knowingly has made any false statement or given any false information in connection with an application for a license or a renewal of a license; or
C. Knowingly has failed to remove from the dance premises any person who appears to be under the influence or affected by the use of alcohol and/or drugs or whose conduct poses a physical danger to the safety of others present; or
D. Violated any of the provisions of this chapter: or
E. Committed any act which is a ground for denial of a license. (Ord. 3023 § 5, 1985)
5.20.120 Indemnification.
A. The licensee shall indemnify and hold the city harmless from any losses, claims, actions or damages suffered by any person or persons by reason of or resulting from any negligence of the licensee or its agents, employees or patrons or on account of any act or omission of the licensee in its exercise of its license or use or occupancy of the premises. In the event any 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 any final judgment adverse to the city or to the city and the licensee jointly; provided, 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 fact, that any 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; provided, however, 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.
B. 1. As a condition precedent to obtaining a license, the licensee shall, at no expense to the city, secure and maintain during the full term agreement, 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 any and all claims and risks in connection with any activity performed by the licensee by virtue of this agreement and provide the following minimum coverage:
a. One hundred thousand dollars per person, per occurrence;
b. One million dollars annual aggregate;
2. The policy must specifically name the city as an additional insured party thereunder in the following manner:
“The City of Kelso 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 coverage 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 days prior written notice to the City Attorney.”
C. The licensee shall deliver to the clerk-treasurer 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.
D. The procuring of the insurance required by this section shall not be construed to limit licensee's liability under this chapter.
E. Licensee shall provide for the prompt and efficient handling of all claims for injury, death, damages or loss arising out of the acts or omissions of licensee during the term of this section. (Ord. 3023 § 12, 1985)
5.20.130 Operating without a license—Penalty.
Any person who shall conduct or operate a public dance or public dancehall without a valid license issued pursuant to this chapter shall be guilty of a misdemeanor. (Ord. 3023 § 13, 1985)