Chapter 5.52


5.52.010    Definitions.

5.52.020    Permit—Required—Fees.

5.52.030    Exceptions.

5.52.040    Required floor space.

5.52.050    Permit—Application.

5.52.060    Permit—Issuance or denial.

5.52.070    Permit—Grounds for denial.

5.52.080    Permit—Revocation.

5.52.090    Administrative officer designated.

5.52.100    Appeals.

5.52.010 Definitions.

“Person” is any person, firm, partnership, association, corporation, company, or organization of any kind.

“Public dance” means a gathering of persons in or upon any premises open to the public when the main or incidental purpose for such gathering is dancing. (Ord. 1-08 § 1 (part): Ord. 60-87 § 1)

5.52.020 Permit—Required—Fees.

It is unlawful for any person to hold, conduct or allow a public dance on premises open to the public without first having obtained a permit as required herein. Permit fees therefor shall be in the amount established by resolution. (Ord. 1-08 § 1 (part): Ord. 60-87 § 2)

5.52.030 Exceptions.

No permit shall be required for:

A.    Dances held by bona fide tax exempt patriotic, religious, service organizations or fraternal associations or organizations (other than college fraternities and sororities) or held in connection with authorized school activities or held by senior citizens’ groups. (Ord. 1-08 § 1 (part): Ord. 60-87 § 3)

5.52.040 Required floor space.

No permit shall be issued for the conduct of any public dance at any establishment having less than one hundred twenty (120) square feet of dance floor set aside for dancing, or having a dance floor within four and one-half (4-1/2) feet of any counter or bar, or stools in connection therewith. (Ord. 1-08 § 1 (part): Ord. 60-87 § 4)

5.52.050 Permit—Application.

The application for a dance permit shall contain the following information:

A.    The name and residence of the applicant or applicants, owner and lessee, if any. If any applicant is a partnership, the names and residences of the partners. If any applicant is an association, the names and residences of the officers; and if any applicant is a corporation, the names and residences of the officers and directors;

B.    The particular place for which the permit is desired, or at which any dance is to be, or dances are to be held;

C.    The written consent of the owner, if the lessee is the applicant, of the place or premises in or at which the dance is to be held;

D.    The number and date of dances to be held under the permit;

E.    A sketch or outline, with approximate measurements, showing the location and size of the dance area with respect to any counter or bar, or stools in connection therewith, and showing the size of the dance area;

F.    The name and residence of the proprietor, operator, or other person in charge, if other than the lessee or owner;

G.    The hours during which the dance or dances are to be held. (Ord. 1-08 § 1 (part): Ord. 60-87 § 5)

5.52.060 Permit—Issuance or denial.

The Chief of Police shall, within thirty (30) days after receipt of an application complying with all the provisions of Section 5.52.050, issue a nontransferable permit with or without conditions, or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 5.52.070. (Ord. 1-08 § 1 (part): Ord. 60-87 § 6)

5.52.070 Permit—Grounds for denial.

The Chief of Police shall deny the permit if he or she finds:

A.    That any information contained in or submitted with the application is not true; or

B.    That the requirements of Section 5.52.040 cannot be complied with; or

C.    That the operation as proposed by the applicant would not comply with any provision of this chapter or any other ordinance or regulation of the city, including, but not limited to, the zoning ordinance and building ordinance, or any statute or regulation of the state of California; or

D.    That, for any other reason, the operation as proposed would be detrimental to the public peace, health, safety, morals or welfare or to neighboring property. (Ord. 1-08 § 1 (part): Ord. 60-87 § 7)

5.52.080 Permit—Revocation.

A.    The Chief of Police shall revoke a permit issued pursuant to the provisions of this chapter if:

1.    He or she subsequently determines that facts exist which, under the provisions of Section 5.52.070, would have required denial of the permit at the time of application; or

2.    Subsequent occurrences create a situation which, under the provisions of Section 5.52.070, would have required denial of the permit had the situation existed at the time of application.

B.    Notice of revocation of the permit shall be given in writing to the permittee by the Chief of Police. The permittee shall case all operations under the permit within ninety-six (96) hours of delivery of said notice unless a notice of appeal is filed pursuant to the provisions of Section 5.52.100. (Ord. 1-08 § 1 (part): Ord. 60-87 § 8)

5.52.090 Administrative officer designated.

The Chief of Police shall have the power to stop any public dance or close any premises for which a permit is issued under this chapter for disturbing the peace, disorderly conduct or for violation of any law or ordinance. (Ord. 1-08 § 1 (part): Ord. 60-87 § 9)

5.52.100 Appeals.

The applicant or any aggrieved person shall have the right to appeal the issuance of the permit or conditions of issuance or the denial or revocation thereof to the City Manager in accordance with Section 1.04.050. Filing such appeal shall stay all proceedings in furtherance of the action appealed. (Ord. 1-08 § 1 (part): Ord. 60-87 § 10)