Chapter 5.16


5.16.010    Definitions.

5.16.020    Permit required.

5.16.030    Application for permit--Fee.

5.16.040    Issuance of permit.

5.16.050    Permit conditions.

5.16.060    Posting of permit.

5.16.070    Summary closure in emergency.

5.16.080    Compliance with laws.

5.16.090    Permit--Nontransferability.

5.16.100    Permit--Revocation.

5.16.110    Public dances--Business license fees.

*    Prior ordinance history: Ords. 87 and 159

5.16.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:

A.    "Dance hall" means any hall, room, place or premises in the city where a dance, or series of dances, is held.

B.    "Owner" means the owner of a dance hall premises, or his authorized agent or representative.

C.    "Operator" means any person, including an owner, who for profit or otherwise, sponsors or conducts a dance or series of dances ina dance hall, and who, while dancing is in progress, has the right to control admittance to the premises by the issuance of tickets or invitations.

D.    "Person" means any natural person and any club, society, association, firm or corporation, and includes the principals, officers, agents and employees thereof. (Ord. 318 §1(part), 1986).

5.16.020 Permit required.

It is unlawful for the owner or operator of any premises in the city to use or operate the same as a dance hall, or to permit any other person to so use or operate such premises, without first obtaining a permit therefor. Such permit shall be in writing and shall contain the following information:

A.    The name and address of the permittee, and the name and address of any agent authorized to act for or represent the permittee with respect to matters covered by this chapter;

B.    The location and description of the premises for which the permit is granted;

C.    All conditions imposed in granting such permit, specifically including, but not limited to, the mandatory conditions set forth in Section 5.16.050;

D.    The date on which the dance is to be held, and the hours during which dancing will be in progress. The city council, in its sale discretion, may issue a single permit for a series of dances to be held at once location over a period of time, not exceeding six months from the date of issuance, in which event the permit shall show the date on which it expires and the hours during which dancing is allowed; and

E.    The name of a person, either the permittee or his authorized agent, who will be present on the premises at all times while dancing is being conducted under said permit, and who will be responsible for ensuring compliance with all of the provisions of the permit and of this chapter. (Ord. 318 §1(part), 1986).

5.16.030 Application for permit--Fee.

Application for a permit under ths chapter shall be filed with the chief of police and shall be accompanied by a fee in an amount to be fixed by resolution of the city council. (Ord. 318 §1(part), 1986)

5.16.040 Issuance of permit:

Permits for a single dance may be issued by the chief of police. The denial of such a permit by the chief of police may be appealed by the applicant to the city council in a writing filed with the city clerk within five days after the date of denial. If the application is for a series of dances, the chief of police shall forward the application to the city council, with his recommendation threon, and the city council, in its discretion, may then approve or deny the permit. The decision of the city council in this regard shall be final. (Ord. 318 §1(part), 1986).

5.16.050 Permit conditions.

All permits issued under this chapter shall be subject to the following mandatory conditions:

A.    That the permittee provide security guards to maintain order on the premises while dancing is in progress, the number of which shall be determined by the chief of police; and

B.    That the permittee, or a person named in the permit application as the authorized agent of the permittee, be present on the premises at all times while dancing is in progress to ensure compliance with all of the provisions and conditions of the permit and of this chapter. In addition to the foregoing mandatory conditions, the issuing authority may impose such other reasonable conditions On a permit as it deems necessary or desirable to protect the public peace, health, safety and general welfare. (Ord. 318 §1(part), 1986).

5.16.060 Posting of permit:

Each permit issued pursuant to the provisions of this chapter shall be conspicuously posted at or near the principal entrance to the premises in which the subject dance is to be held, or at such other location within the premises as may be designated in the permit, and shall remain posted at all times while dancing is being conducted on the premises. (Ord. 318 §1(part), 1986).

5.16.070 Summary closure in emergency:

Notwithstanding the issuance of a dance permit under this chapter, the chief of police or his authorized representative may summarily close a dance in progress and require the premises to be vacated whenever there occurs in, on or about the premises, an uncontrolled breach of the peace or riot, or an incident involving the use or threatened use of a deadly weapon, or any law violation amounting to a felony under state law, or any kind of disorderly conduct which, in the sole judgment of the chief or his said representative, constitutes an immediate danger to persons present, or endangers the public peace, health, safety and general welfare. The chief of police or his said representative may likewise summarily close a dance in progress for the failure of the permittee to have or maintain on duty the number of security guards required pursuant to the provisions of Section 5.16.050. (Ord. 318 §1(part), 1986).

5.16.080 Compliance with laws:

The permittee named in a permit issued under the provisions of this chapter shall, at all times while dancing is being conducted on a premises pursuant to such permit, comply with all federal, state and local laws, ordinances, rules and regulations applicable thereto, including those of the city. (Ord. 318 §11 (part), 1986).

5.16.090 Permit--Nontransferability.

No permit granted pursuant to the provisions of this chapter shall be transferable or assignable. (Ord. 318 §1(part), 1986).

5.16.100 Permit--Revocation.

Any permit granted in accordance with the provisions of this chapter may be revoked by the city council, in the manner hereinafter set forth, if any of the terms or conditions of said permit are violated, or if there is a violation by the permittee of any of the provisions of this chapter. Before the city council considers the revocation fo such permit, it shall hold a public hearing thereon, notice of Which shall be served on the permittee, either personally or by registered or certified mail, with return receipt requested, not less than ten days prior to the date of hearing. At the conclusion of the hearing, if the city council finds that good cause exists, it may revoke or modify such permit. Action taken by the city council under the provisions of this section shall be final. (Ord. 318 §1(part), 1986).

5.16.110 Public dances--Business license fees.

Not withstanding the granting of a permit under this chapter, no public dance shall be conducted thereunder until all license fees required by Chapter 5.04 of this code have been paid in full. (Ord. 318 §1(part), 1986).