Chapter 5.40


5.40.010    Public dance defined.

5.40.020    Rules and regulations generally.

5.40.030    Policing—Required when.

5.40.040    Policing—Compensating of city.

5.40.050    Policing—Appeal of requirement.

5.40.060    Permit required.

5.40.070    Exemption for school dances.

5.40.080    Permit application.

5.40.090    Approval authority.

5.40.100    Appeals.

5.40.110    Fees.

5.40.120    Posting of permit.

5.40.130    Permit transferability.

5.40.140    Permit suspension or revocation.

5.40.150    Renewal.

5.40.160    After-hours dance—Special permit required.

5.40.010 Public dance defined.

For the purposes of this chapter, a “public dance” is defined to be a gathering of persons in or upon any premises open to the public within the city where seven or more persons are permitted to dance. (Ord. 1070 § 5: prior code § 5.56.010)

5.40.020 Rules and regulations generally.

The city council may make rules and regulations covering public dances, and all such public dances shall be conducted in accordance with such rules and regulations and all laws of the state, and in such manner as will comport with the public welfare. (Prior code § 5.56.020)

5.40.030 Policing—Required when.

It is the duty of the chief of police to require the continuous attendance of one or more regularly appointed and constituted police officers at any gathering of persons in or upon any premises open to the public within the city, where any persons are permitted to dance at any time, whether such dancing is the main purpose of the gathering or is an incident to some other purpose, and whether or not the gathering is within the definition of a “public dance” as defined in Section 5.40.010 of this chapter, if, in the opinion of the chief of police, such attendance is reasonably necessary for the maintenance of order, public peace or welfare. (Prior code § 5.56.030)

5.40.040 Policing—Compensating of city.

If a police officer is required as provided for in Section 5.40.030 of this chapter and in attendance, the licensee shall be required to pay the city for such services and such attendance, such sum as the city council shall from time to time designate. (Prior code § 5.56.040)

5.40.050 Policing—Appeal of requirement.

In the event that the chief of police shall require attendance of a police officer as provided in Section 5.40.030 of this chapter, and payment therefor as provided in Section 5.40.040 of this chapter, the licensee shall have the right to present the question of the necessity thereof to the city council, which shall have the authority to act thereon after considering all of the facts and evidence pertaining thereto, and the decision of the city council shall be final. (Prior code § 5.56.050)

5.40.060 Permit required.

No person shall conduct or assist in conducting any public dance in the city unless under and by authority of a permit obtained under the provisions of this chapter. (Prior code § 5.56.060)

5.40.070 Exemption for school dances.

No permit shall be required for the conduct of any dance held by a duly recognized group of students of any school in the city when such dance is held on school property and under the supervision of the faculty of such school. (Prior code § 5.56.070)

5.40.080 Permit application.

Permits to conduct public dances in the city shall be issued by the chief of police of the city upon the written application of any person. Every such written application for a permit shall set forth the following facts:

A.    The name and residence of the applicant. If any applicant is a firm, the names and residences of the partners thereof. If any applicant is an association, the names and residences of the officers and directors thereof; and also, the name of the manager or employee who will be in charge of the public dance;

B.    The place for which the permit is desired or in which such dance is to be held;

C.    The number and dates of the dances to be held under the permit. (Prior code § 5.56.080)

5.40.090 Approval authority.

The chief of police, before issuing any permit for a public dance, shall first satisfy himself or herself that the conduct of the public dance will comport with the public welfare, and for such purpose, shall consider any facts or evidence concerning the place where the proposed public dance is to be held, the character, reputation and moral fitness of those who will be in charge of such dance and any other facts or evidence bearing thereon. (Prior code § 5.56.090)

5.40.100 Appeals.

In the event the chief of police shall deny issuance of any permit for a public dance upon application having been properly made in accordance with this chapter, the applicant shall be entitled to present such application to the city council. The city council may act on such application, and its decision shall be final. (Prior code § 5.56.100)

5.40.110 Fees.

A fee of five dollars shall be charged and collected from the permittee upon the issuance of any permit under this chapter, for each day during which a public dance is to be conducted or carried on under the permit; provided, that the fee shall be waived in the case of any public dance held or conducted for the purpose of raising funds for any established or recognized charitable organization, or by any church, Sunday school, student body of any school, established or recognized youth organization, bona fide fraternal organization, labor organization, parent-teachers’ association, bona fide veteran’s organization, or bona fide civic or community organization or group, the primary purpose of which is the betterment of the cultural, social and economic welfare and environment of the community. (Prior code § 5.56.110)

5.40.120 Posting of permit.

The permit required by Section 5.40.060 of this chapter shall be posted in a conspicuous place on the premises where the dance for which the permit is issued is conducted and shall remain so posted during all the time dancing is taking place. (Prior code § 5.56.120)

5.40.130 Permit transferability.

Any permit obtained under this chapter shall not be transferable except with the consent of the chief of police. (Prior code § 5.56.130)

5.40.140 Permit suspension or revocation.

All permits issued under the terms of this chapter may be suspended or revoked by the city council for good cause, after hearing by the city council upon notice to show cause why the permit should not be so suspended or revoked. Notice may be given by mailing a copy of the notice to show cause to the holder of the permit at the place of residence or address given in the application for the permit, at least five days prior to the date of hearing. (Prior code § 5.56.140)

5.40.150 Renewal.

Any application for a permit to conduct a public dance in a location for which the applicant has previously been granted a permit shall be considered an application for a renewal of the original permit. (Prior code § 5.56.150)

5.40.160 After-hours dance—Special permit required.

A.    No permit holder shall conduct or assist in conducting any public dance between the hours of one a.m. and eight a.m. without a special permit therefor issued by the city council.

B.    An applicant for the special permit required by subsection A of this section shall submit his or her application in writing to the city clerk. The city clerk shall thereupon set the matter on the agenda for hearing at the next regular, adjourned regular or special meeting of the city council.

C.    The application shall set forth all of the facts as required in Section 5.40.080 of this chapter. (Ord. 1070 § 7; prior code § 5.56.160)