Chapter 5.28
PUBLIC DANCES AND DANCE HALLS
Sections:
5.28.030 Permit – Issuance by chief of police.
5.28.040 Permit – Application for dance hall or dancing place.
5.28.050 Permit – Application for public dance.
5.28.070 Applicability to dance studios.
5.28.090 Right of entry of peace officers.
5.28.010 Definitions.
For the purposes of this chapter, the following definitions apply:
A. “Public dance” means a gathering of persons in or upon any premises where dancing is participated in and to which premises the public is admitted and which is a one-time event.
B. “Public dance hall” or “public dancing place” means a place where dancing is regularly conducted on certain days as a business, whether for profit or not for profit, and to which the public is admitted whether with or without charge, or at which the public is allowed to participate in the dancing either with or without charge. (Ord. 78-398 § 1).
5.28.020 Permit – Required.
No person shall conduct or assist in conducting the business of operation of maintaining any public dance hall, public dancing place, or public dance in the city unless under and by authority of a written permit from the chief of police. (Ord. 78-398 § 2).
5.28.030 Permit – Issuance by chief of police.
Permits to operate a public dance hall, public dancing place, or public dance in the city may be issued by the chief of police upon the written application of any person for himself, or on behalf of any association of persons, firm, or corporation.
The chief of police must first satisfy himself that the conduct of such public dance halls, public dancing places, or public dances will comport with the public welfare and, for this purpose, may consider any facts of evidence bearing on the place where the proposed public dance hall, public dancing place, or public dance is to be located, the character, reputation and moral fitness of who will be in charge of it, and any other facts or evidence intended to enlighten the chief of police in this respect. (Ord. 78-398 § 3).
5.28.040 Permit – Application for dance hall or dancing place.
Persons applying for a permit to operate a public dance hall or public dancing place shall pay the permit fee to the city treasurer, complete an application and background investigation form, and be fingerprinted. Within 30 days, the chief of police shall determine whether to grant or deny the permit. Should the chief of police grant the permit, prior to the actual issuance of the permit, the person applying shall show evidence of liability insurance in amounts as from time to time are determined by council and evidence of workers’ compensation insurance. Evidence shall be a certificate of insurance granting 30 days’ notice of cancellation to the city. (Ord. 78-398 § 3A).
5.28.050 Permit – Application for public dance.
Persons applying for a permit to hold a public dance shall pay the permit fee to the city treasurer and complete an application. Should the chief of police grant the permit, prior to the actual issuance of the permit, the person or persons applying shall show evidence of liability insurance in amounts as, from time to time, are determined by council and evidence of workers’ compensation insurance, if required by state law. Evidence shall be a certificate of insurance with notice of cancellation to be sent to the city. (Ord. 78-398 § 3B).
5.28.060 Police protection.
A. In issuing the permit, the amount of police protection required, if any, will be stipulated by the chief of police and the prevailing rate of pay calculated and paid in advance of the event held. Police protection will be provided in all cases by the Fortuna police department.
B. Although school dances are excluded from the definition of public dances so long as they are primarily held for students, this does not relieve them of the requirement to arrange for police protection through the chief of police. (Ord. 78-398 §§ 4, 5).
5.28.070 Applicability to dance studios.
This chapter is not intended to regulate any legitimate dance studio or school which is not exclusively adult entertainment nor serves alcoholic beverages either on a temporary or permanent basis. (Ord. 78-398 § 6).
5.28.080 Hours of operation.
No public dance hall, public dancing place, or public dance shall be open between 3:00 a.m. and 8:00 a.m. (Ord. 78-398 § 7).
5.28.090 Right of entry of peace officers.
Any public event subject to this chapter shall allow accessibility at all times during the event to any member of the Fortuna police department. (Ord. 78-398 § 8).
5.28.100 Closure by police.
At any time the chief of police or his designated watch commander determines that public safety is endangered by continuance of the event, he may order such event closed and all sponsors, cosponsors and attendees will comply immediately. (Ord. 78-398 § 9).