Chapter 5.26
PUBLIC DANCES*
Sections:
5.26.010 Definitions.
5.26.020 License – Required.
5.26.030 License – Application and investigation fee required.
5.26.040 License – Investigation requirements generally.
5.26.050 License – Report of investigation and recommendations.
5.26.060 License – Fire hazard investigation required.
5.26.070 License – Issuance – Appeal and public hearing of disallowed license.
5.26.080 License – Tax.
5.26.090 License – Compliance with code required for granting.
5.26.100 Repealed.
5.26.110 License – Scope – Nontransferable and not assignable.
5.26.120 License – Suspension or revocation authorized when – Procedure.
5.26.130 License or permit – Grounds for forfeiture – Effect.
5.26.140 Attendance prohibited to certain persons.
5.26.150 Owner or manager – Responsibility for proper control.
5.26.160 Certain conduct prohibited.
5.26.170 Owner or manager – Duty to maintain good condition of premises.
5.26.180 Employment of dance partners prohibited.
5.26.190 Age misrepresentation of patrons prohibited when.
5.26.200 Smoking while dancing prohibited.
5.26.210 Closing hours and hours of operation.
5.26.220 Repealed.
5.26.230 Density requirement of premises location.
5.26.240 Youth dances – Purpose and intent of provisions – Definitions.
5.26.250 Youth dances – Applicability of provisions – Exceptions.
5.26.260 Youth dances – Permit and approval required.
5.26.270 Youth dances – Permit classifications.
5.26.280 Youth dances – Application for permit – Contents.
5.26.290 Youth dances – Taxes for permits – Refunds.
5.26.300 Youth dances – Grounds for suspension or revocation of permit.
5.26.310 Youth dances – Use of alcoholic beverages or narcotics prohibited.
5.26.320 Youth dances – Police and supervisory personnel to be present when.
5.26.330 Youth dances – Conduct and dress to be within certain standards.
5.26.340 Youth dances – Off-street parking and parking supervision required.
5.26.350 Youth dances – Closing hours and hours of operation.
5.26.360 Youth dances – Reentering not permitted.
5.26.370 Youth dances – Loitering about premises deemed misdemeanor.
5.26.380 Youth dances – Adequate lighting designated.
5.26.390 Youth dances – Rule and regulation authority.
5.26.400 Youth dances – Access for enforcement personnel authorized.
5.26.410 Youth dances – Financial report required.
5.26.420 Youth dances – Posting of provisions and permit required.
5.26.430 Violation – Penalty.
* For statutory authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101; for statutory provisions authorizing cities to license businesses in the exercise of the police power, see Bus. and Prof. Code §§ 16000 – 16003.
5.26.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. “Intoxicating liquor” means and is defined as any liquid containing more than one-half of one percent of alcohol by volume and which is fit or suitable for beverage purposes;
B. “Public dance” means any dance conducted in any place in connection with a business for profit. (Prior code § 11.1).
5.26.020 License – Required.
It is unlawful for any person to operate a public dance, as defined by CVMC 5.26.010, without obtaining a license as required by this chapter. (Prior code § 11.2).
5.26.030 License – Application and investigation fee required.
A. All applications for licenses to be issued pursuant to this chapter shall be filed with the clerk of the city and shall be accompanied by the required investigation fee(s).
B. Applications for licenses under this chapter shall be on such forms as shall be prescribed by the city clerk and shall be in duplicate, and shall set forth, in addition to other things, the name of the person to have direct management of the premises, the post office address of the applicant and the name of the real person in interest, and the name of the owner of the premises upon which the business licensed is to be carried on.
C. All applications for licenses shall be sworn to by the applicant. (Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; prior code § 11.3).
5.26.040 License – Investigation requirements generally.
Immediately upon receipt of any application for license under this chapter, one copy of the application shall be immediately referred to the chief of police, who shall proceed to investigate the character of the applicant, of the person who is to have direct management of the premises, and of the person or persons who have any interest in such business; he shall also investigate the character of the premises proposed to be licensed, and the propriety of the use of such premises for the conduct of the business proposed to be licensed. (Prior code § 11.4).
5.26.050 License – Report of investigation and recommendations.
Within 30 days after receipt of any such application, the chief of police shall file with the city clerk a report in writing concerning the result of his investigation, together with his recommendation as to the allowance or disallowance of the license applied for. (Prior code § 11.5).
5.26.060 License – Fire hazard investigation required.
The fire chief shall conduct or cause to be conducted an investigation of the premises identified in the application for compliance with applicable fire code provisions, and report findings to the chief of police. (Ord. 2718 § 1, 1998; Ord. 1170 § 1, 1969; prior code § 11.6).
5.26.070 License – Issuance – Appeal and public hearing of disallowed license.
The director of finance shall, after receipt of the recommendation of the chief of police, allow or disallow the license applied for, and if said recommendation is favorable, the director of finance shall forthwith issue the license upon the payment of the license fee hereinafter provided. In the event that the chief of police shall present an adverse recommendation for consideration by the director of finance, and said license shall be disallowed, the applicant may appeal said recommendation to the city manager or designee within 10 days of receipt of written notice by the director of finance that the application for said license has been disallowed. Upon receipt of said appeal and payment of fee as set forth in the master fee schedule, the city manager or designee shall set the appeal for public hearing. At the hearing, the city manager or the manager’s official designee shall take testimony and determine whether the applicant meets all the requirements of this chapter, and grant or deny the license on that basis. The decision shall be final. (Ord. 2718 § 1, 1998; Ord. 1170 § 1, 1969; prior code § 11.7).
5.26.080 License – Tax.
The tax for licenses issued pursuant to the terms of this chapter shall be a sum as presently designated, or as may in the future be amended, in Section 5.26.080 of the master tax schedule in CVMC 5.07.030. (Ord. 2408 § 1, 1990; prior code § 11.8).
5.26.090 License – Compliance with code required for granting.
No license shall be granted under the provisions of this chapter unless the place in which such public dance shall be held shall conform to and comply with the provisions of this code and other regulations of the city. (Prior code § 11.9).
5.26.100 License – Operation of bona fide eating place required for granting.
Repealed by Ord. 2273 § 1, 1988. (Ord. 1105 § 1, 1968; prior code § 11.10).
5.26.110 License – Scope – Nontransferable and not assignable.
Every license issued pursuant to this chapter shall authorize the conducting, operating or carrying on of the licensed business at but a single location and only upon the individual premises in such license described, and no such license so issued shall be assignable or transferable. (Prior code § 11.12).
5.26.120 License – Suspension or revocation authorized when – Procedure.
The chief of police of the city is hereby authorized temporarily to suspend any license issued under this chapter in the event that any public dance licensed thereby is being conducted in violation of any law, or if there is such conduct being permitted therein which is offensive to morals or decency or which has a tendency to provoke a breach of the peace. Within five days of such temporary suspension, the chief of police shall file written charges with the city manager. Within 20 days of the filing of such charges, the city manager shall cause an investigation to be made thereof and shall thereupon have power to either revoke the suspension order or to suspend the license for such further period of time as it may deem proper, or to revoke and annul such license.
For any violation of any of the provisions of this chapter or for any cause based on public health, safety, morals, or general welfare, the city manager may at any time suspend or revoke any license issued under the terms of this chapter. (Ord. 2718 § 1, 1998; prior code § 11.13).
5.26.130 License or permit – Grounds for forfeiture – Effect.
A conviction for violation of any of the terms or provisions of this chapter shall work an immediate forfeiture of a permit or license authorized by this chapter, and in case of such forfeiture, no permit or license shall be granted to the person violating the provisions of this chapter within one year from the date of such conviction. If at any time for any cause the license of a place mentioned within the provisions of this chapter shall be forfeited, at least one month shall have elapsed before another license or permit shall be given for public dancing in or upon such premises, unless the city council for good cause shall otherwise decide. (Prior code § 11.14).
5.26.140 Attendance prohibited to certain persons.
It is unlawful at any time for any lewd or dissolute person of either sex, any drunken or boisterous person, or any person whose conduct while present in said place tends to create a violation of any of the provisions of this chapter, or of any of the laws of the city, or of the state, or which tends in any way to corrupt the good morals of any person or persons attending said public dance, or in any way interferes with the proper management and control of said public dance, to be or remain in or about any place licensed under the provisions of this chapter. (Ord. 879 § 1, 1964; Ord. 878 § 1, 1964; prior code § 11.15).
5.26.150 Owner or manager – Responsibility for proper control.
It is 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 said place, to harbor, receive or permit to be or remain in or about such place at any time any lewd or dissolute person of either sex, any drunken or boisterous person, or any person whose conduct while present in such place tends to create a violation of any of the provisions of this chapter, or of any of the laws of the city or the state, or which tends in any way to corrupt the good morals of any person or persons attending such public dance, or in any way interfere with the proper management and control of said public dance. (Ord. 879 § 1, 1964; Ord. 878 § 1, 1964; prior code § 11.16).
5.26.160 Certain conduct prohibited.
Boisterous conduct and profanity shall be prohibited at a public dance or in the premises wherein it is conducted. No dancing of an immoral or vulgar character shall be permitted at any public dance, and no person shall be permitted to conduct himself or herself in a vulgar or improper manner in such place. No undue familiarity shall be permitted. (Prior code § 11.17).
5.26.170 Owner or manager – Duty to maintain good condition of premises.
The holder of a license issued pursuant to this chapter shall keep such premises in a clean, healthful and sanitary condition at all times, and have the stairways and other passages in such premises where such dancing, serving or preparing of intoxicating liquor or food takes place open and well-lighted during such times when such premises are open for business. (Prior code § 11.20).
5.26.180 Employment of dance partners prohibited.
It is unlawful for any person or persons holding a license under this article, their agents, representatives or employees, to engage, keep or employ on a salary, percentage or otherwise any person of either sex to act as dance partners for the patrons of such place. It is unlawful for any person to be in or about such premises for the purpose of acting as dance partners with the patrons of such a place for hire, on a salary, percentage or any other method of employment. (Prior code § 11.22).
5.26.190 Age misrepresentation of patrons prohibited when.
It is unlawful for any person to make any misrepresentation or false statements as to the age of himself or herself, or of any other person, for the purpose of obtaining admission of such person as to whose age such statement or representation is made. (Prior code § 11.23).
5.26.200 Smoking while dancing prohibited.
No person shall be permitted to smoke or carry in his hand a lighted cigar, cigarette or pipe, while such persons are dancing at any public dance. (Prior code § 11.24).
5.26.210 Closing hours and hours of operation.
All public dances shall be closed and the places cleared of guests and patrons on or before the hour of 2:00 a.m. No public dance shall be conducted between the hours of 2:00 a.m. and 10:00 a.m. (Prior code § 11.25).
5.26.220 Female employees – Certain activities prohibited.
Repealed by Ord. 2588 § 1, 1994. (Prior code § 11.26).
5.26.230 Density requirement of premises location.
In the interests of protecting the public and preserving the peace of the community, no permit shall be issued under the provisions of this chapter for any premises located within 300 feet or less of premises for which a permit has been previously secured according to the provisions of this chapter; provided, however, the city manager may, upon application and for good cause, waive said restriction. (Ord. 2718 § 1, 1998; Ord. 1105 § 2, 1968; prior code § 11.27).
5.26.240 Youth dances – Purpose and intent of provisions – Definitions.
It is the intent of the city council to prescribe procedures for the licensing and regulation of public youth dances. It is the purpose of the council by means of these regulations to control youth dances and encourage orderly and well-supervised social activities in the interest of public health, safety, and morality. For the purpose of this chapter, the following words and phrases are defined and shall be construed as set out in this section, unless it shall be apparent from the context that they have a different meaning:
A. “Adult” means any person 21 years of age or over.
B. “Adult sponsoring group” means a nonprofit organization whose primary object is to sponsor, regulate and control youth activities, and which assumes full and complete responsibility for the direction of a youth dance, the receipts or contributions from which are to be expended only for future dances or the promotion of other youth activities.
C. “Board” means the city parks and recreation commission duly appointed by the council.
D. “Police officer” includes any private police officer properly licensed by the state and approved by the chief of police, or any peace officer, whether on duty or off duty, reserve deputy or special deputy, employed by any public agency or political subdivision.
E. “Private youth dance” means a closed dance for members of an organization and their invited guests.
F. “Youth” means any person of junior high school or senior high school age.
G. “Youth dance” means a dance held or conducted exclusively for youth unaccompanied by parents or guardians.
H. “Youth service organization” includes any bona fide organization whose primary purpose is to provide moral or spiritual development, education or recreation for young people. (Ord. 1672 § 2, 1976).
5.26.250 Youth dances – Applicability of provisions – Exceptions.
A. The sections contained in this chapter relating to the youth dances mean those dances conducted or supervised by an adult sponsoring group on privately owned property or upon publicly owned recreation property.
B. Exceptions. The provisions of this chapter relating to permit requirements shall not apply to any youth dance conducted or sponsored:
1. By any agency or department of any city, political subdivision, school district or other governmental agency;
2. In a private home;
3. By any recognized youth service organization for its members and guests only; provided, however, that the guests shall not exceed the number of members present. (Ord. 1672 § 2, 1976).
5.26.260 Youth dances – Permit and approval required.
A. In addition to any other permit or license required by law or this code, it is unlawful for any person to conduct or sponsor any youth dance in the city except in accordance with the terms of this chapter and after obtaining a permit therefor as provided in this chapter.
B. It is unlawful for any adult sponsoring group to conduct a youth dance unless such adult sponsoring group has been approved by the chief of police and has assumed full and complete responsibility for the event, its direction and fees and taxes. (Ord. 1672 § 2, 1976).
5.26.270 Youth dances – Permit classifications.
The following classes of youth dance permits may be issued by the police department:
A. Adult sponsoring group permits include:
1. A Class A permit which is issued by the chief of police for a period of one calendar year. This permit may be issued only to those adult sponsoring groups which present evidence of an intention to actively carry out the objectives of their organization on a permanent or long-range basis.
2. A Class B permit which is issued for one day or one night only. The permit may be issued by the chief of police to sponsoring groups which have been organized for a limited objective and a short period of time. (Ord. 2408 § 1, 1990; Ord. 1672 § 2, 1976).
5.26.280 Youth dances – Application for permit – Contents.
An application for permit shall be made to the chief of police upon a form prescribed by the police department. The application shall be filed not less than 15 days prior to the scheduled date of the youth dance. The application shall contain the following:
A. The names and addresses of the applicant or applicants;
B. The date upon which the dance is to be held or, in the case of a Class A permit, the approximate number of dances held and the dates thereof;
C. The approximate attendance expected at these dances;
D. The names, addresses and telephone numbers of all chaperons or supervisors as may be required by this chapter. In the event the permit is to be issued for more than one dance, the applicant shall provide at least five days prior to the dance such names, addresses and telephone numbers of chaperons or supervisors who will be in attendance at the dances, if any changes occur from those chaperons or supervisors originally submitted;
E. Class of permit and facts upon which applicant bases his request for the class of permit applied for;
F. A statement of disbursement of proceeds or profits, indicating percentage to be given to youth activities;
G. A statement regarding the place or premises where the youth dance is to be held and containing the following information:
1. That the premises are reasonably adequate to hold the dance and comply with the provisions of this chapter,
2. That the premises do not violate any ordinance of the city or law of the state relating to health, safety and fire,
3. The maximum number of persons that can be safely accommodated on the premises,
4. That the premises are designed in such a manner and supervision will be provided so as to comply with all requirements of this chapter.
The application shall be signed under penalty of perjury and be accompanied by the applicable fee. The application may be signed by any member of the adult sponsoring group. (Ord. 1672 § 2, 1976).
5.26.290 Youth dances – Taxes for permits – Refunds.
The taxes for permits issued under this chapter shall be payable to the police department in advance, and for the several classes of permits provided in this chapter, the taxes shall be as presently designated, or as may in the future be amended.
In the event that the application is denied or the permit is revoked, no part of the applicable tax shall be refunded. (Ord. 2718 § 1, 1998; Ord. 2408 § 1, 1990; Ord. 1672 § 2, 1976).
5.26.300 Youth dances – Grounds for suspension or revocation of permit.
Any permit may be revoked or suspended by the chief of police upon any of the following grounds:
A. The misrepresentation of a material fact in the application for a permit by an applicant or by the holder of a permit;
B. The violation of any provision of this chapter by the holder of a permit;
C. When the continuance of a permit would, based upon facts and evidence presented to, or gathered by, the chief of police, be contrary to the public health, safety, welfare, peace or morals. (Ord. 2718 § 1, 1998; Ord. 1672 § 2, 1976).
5.26.310 Youth dances – Use of alcoholic beverages or narcotics prohibited.
A. No alcoholic beverages or narcotics of any type shall be sold, consumed, or be available on the premises in or about which any youth dance is held.
B. This section shall not apply to premises where the area to be occupied by such youth dance is physically divided and separated from the rest of the premises, and at least one chaperon, supervisor or police officer is stationed to prevent entrance to any area where alcoholic beverages are sold, consumed or available, and there can be no contact between the patrons of such area occupied by the youth dance and the patrons in the remainder of the premises during the time such dance is in progress.
C. Admission to a youth dance shall be denied to any person showing evidence of drinking any alcoholic beverage or the use of any narcotic of any type or who has alcoholic beverages or narcotics of any type on his or her person. (Ord. 1672 § 2, 1976).
5.26.320 Youth dances – Police and supervisory personnel to be present when.
There shall be present at every dance at least one male and one female adult chaperon or adult supervisor for every 100 participants. These chaperons shall be bona fide members of the adult sponsoring group. In addition, the permittee shall employ and have on duty at all times during any youth dance the number of police officers determined to be necessary by the chief of police. The chief of police may, at his discretion, dispense with or modify the requirements for the employment of police officers and the presence of adult chaperons or supervisors for those groups listed in CVMC 5.26.250(B), in those cases where proof is furnished to the presence of sufficient number of adult chaperons or supervisors to maintain order. (Ord. 1672 § 2, 1976).
5.26.330 Youth dances – Conduct and dress to be within certain standards.
Sufficient adult supervision shall be provided at all dances to insure that accepted standards of social conduct are followed. The noise level shall not exceed the decibel limitations presently accepted by the Sweetwater Union High School District. The dress of the participants must be in conformity with accepted standards. (Ord. 1672 § 2, 1976).
5.26.340 Youth dances – Off-street parking and parking supervision required.
All off-street parking facilities made available for the participants shall be adequately lighted and supervised. (Ord. 1672 § 2, 1976).
5.26.350 Youth dances – Closing hours and hours of operation.
No dancing at any senior youth dance shall be permitted after the hour of 12:00 midnight, unless permission for dancing to a later hour is granted by the chief of police. (Ord. 1672 § 2, 1976).
5.26.360 Youth dances – Reentering not permitted.
No youth admitted to a dance shall be permitted to leave and thereafter reenter the dancing premises during the course of the evening. (Ord. 1672 § 2, 1976).
5.26.370 Youth dances – Loitering about premises deemed misdemeanor.
Any person who loiters around or about the premises of which a youth dance is being conducted is guilty of a misdemeanor. (Ord. 1672 § 2, 1976).
5.26.380 Youth dances – Adequate lighting designated.
All places where youth dances are held shall be adequately lighted at all time when open for dances. The intensity of illumination shall not be less than one footcandle in all parts of the building and premises accessible to participants. (Ord. 1672 § 2, 1976).
5.26.390 Youth dances – Rule and regulation authority.
The board is authorized and empowered to adopt such rules and regulations as it may deem necessary to carry out the purpose of this chapter. (Ord. 1672 § 2, 1976).
5.26.400 Youth dances – Access for enforcement personnel authorized.
Any officer of the police department or any member of a fire department charged with the duty of law enforcement or any authorized city official shall have free access at all times to any youth dance issued a permit under the provisions of this chapter. (Ord. 1672 § 2, 1976).
5.26.410 Youth dances – Financial report required.
A financial report showing gross intake, costs of dance and funds remaining for youth activities or charitable purposes shall be submitted to the chief of police within 30 days after the event. (Ord. 1672 § 2, 1976).
5.26.420 Youth dances – Posting of provisions and permit required.
Copies of this chapter and a copy of the adult sponsoring group permit in a form as provided by or approved by the chief of police shall be conspicuously posted on any premises, either private or public, during the time any youth dance is in progress. A copy shall be posted at each entrance or exit and at least two additional places upon the premises. (Ord. 1672 § 2, 1976).
5.26.430 Violation – Penalty.
A violation of any provision or the failure to comply with any of the requirements of this chapter constitutes a misdemeanor. Any person convicted of such violation or such failure shall be punishable by a fine of not more than $500.00 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 1672 § 2, 1976).