Chapter 5.06
PUBLIC DANCES, MUSIC OR ENTERTAINMENT

Sections:

5.06.010    Dance, music or entertainment – Permit and/or license required.

5.06.020    Premises license.

5.06.030    Dance, music or entertainment permit.

5.06.040    Liquor retailer license.

5.06.050    Application and fees.

5.06.060    Policing dances.

5.06.070    Immoral dances prohibited – Hours dances may be conducted.

5.06.080    Right of inspection – Minors.

5.06.090    Intoxicated and boisterous persons.

5.06.100    Revocation of license – Transferability.

5.06.110    Penalties for violations.

5.06.010 Dance, music or entertainment – Permit and/or license required.

No person shall hold any public dance or provide music or entertainment without first obtaining the license and/or permits required under this chapter; provided, that mechanical music devices, radios and television sets are excluded from the operation of this chapter. (Ord. 590 § 1, 1982; Ord. 559 § 1, 1980).

5.06.020 Premises license.

No person shall conduct or maintain any premises where music, dancing or entertainment is allowed or provided without first procuring a license so to do from the clerk-treasurer. No license shall be granted until application for the license shall be approved nor any license granted to any person who is not of good moral character. (Ord. 590 § 2, 1982; Ord. 559 § 2, 1980).

5.06.030 Dance, music or entertainment permit.

(1) Any person conducting or providing dancing, music or entertainment on a premises which has a license under this chapter shall obtain a permit to conduct or provide such dancing, music or entertainment.

(2) No person maintaining a premises licensed under this chapter shall rent or provide such licensed premises to any other person for such purpose without evidence that such other person has obtained a permit under this chapter. (Ord. 590 § 3, 1982; Ord. 559 § 3, 1980).

5.06.040 Liquor retailer license.

It is unlawful for any liquor retailer licensee to permit or allow upon such licensed premises any music, dancing or entertainment whatsoever, unless such licensee has a current permit and license from the city to provide such music, entertainment or dancing. (Ord. 590 § 4, 1982; Ord. 559 § 4, 1980).

5.06.050 Application and fees.

(1) Application for a music, dancing or entertainment license shall be made by written application to the clerk-treasurer, reciting the reasons for application and setting forth the following:

(a) The names of three persons who will vouch for the good moral responsibility of the applicant;

(b) A description of the nature, frequency, hours of duration of the proposed activity;

(c) A statement that the proposed activity will not adversely affect the use and occupancy of other premises in the vicinity, or the public peace, morals and welfare generally; and

(d) A statement that the proposed activity will not impose a substantially increased burden on law enforcement in the city.

(2) The premises license application fee shall be $25.00, which shall be paid at the time of application.

(3) The dance, music or entertainment permit application fee shall be $5.00, which shall be paid at the time of application.

(4) A license or permit, when issued, shall be valid until December 31st, of the year in which it is issued.

(5) No such license shall be granted to any corporation, but if any dancehall is conducted as herein provided by a corporation, a license shall be issued to the manager or any other directing head thereof.

(6) The clerk-treasurer, upon receipt of an application accompanied by the license fee, shall set the application for hearing at the next regular council meeting, at which time the council may grant or reject the application, or in its discretion, may continue the matter for a period not to exceed one month, when final action thereon must be taken. (Ord. 590 § 5, 1982; Ord. 559 § 5, 1980).

5.06.060 Policing dances.

Whenever or wherever an officer or officers are required to police a public dance, the expense thereof shall be borne by the dance licensee, and such officer shall be approved by the chief of police before being allowed to serve. (Ord. 559 § 7, 1980).

5.06.070 Immoral dances prohibited – Hours dances may be conducted.

No immoral or indecent dance shall be given or carried on in any place licensed under the provisions of this chapter. Every such building or other place used for music, entertainment or public dancing shall be kept in a clean, healthful and sanitary condition, and all premises, corridors and stairways connected therewith shall at all times be open to the public and be fully lighted. No public dance or premises shall be conducted or operated between the hours of 2:00 a.m. and 6:00 a.m. on any day or night of the week. (Ord. 590 § 6, 1982; Ord. 559 § 6, 1980).

5.06.080 Right of inspection – Minors.

All peace officers of the city shall have free access to the premises and the public dances for the purpose of inspection and to enforce compliance with the provisions of this chapter. (Ord. 590 § 7, 1982).

5.06.090 Intoxicated and boisterous persons.

No person under the influence of intoxicating liquor shall be permitted to or allowed to remain at or in any public dance or dancehall, and no boisterous conduct shall be allowed on the part of any person attending any public dance or dancehall, and any person found guilty of violating this section shall be guilty of a misdemeanor, and punished as set forth in SMC 5.06.110. (Ord. 590 § 8, 1982).

5.06.100 Revocation of license – Transferability.

(1) Any permit or license granted under this chapter to conduct dancing, music or entertainment except as herein provided may be revoked by the mayor by written notice of revocation to the licensee. The licensee shall have 10 days thereafter to appeal the revocation of license to the city council for a hearing.

(2) The holder of a license or permit which has been revoked by the mayor may submit a new application for a license or permit for consideration by the city council as provided in SMC 5.06.050.

(3) Each licensee accepting a license hereunder shall be deemed to have consented to the provisions of this section, with respect to the cancellation of licenses.

(4) No license granted hereunder shall be transferable, without the consent of the mayor, nor shall any public dance, music or entertainment be conducted at any other place than that specified in the license therefor. (Ord. 590 § 9, 1982).

5.06.110 Penalties for violations.

Violation of this chapter shall constitute a Class B infraction as defined in SMC 13.01.045(1) and subject the violator to enforcement as set forth therein. (Ord. 1112 § 2, 2001; Ord. 590 § 10, 1982).