Chapter 5.16
PUBLIC DANCES
Sections:
5.16.020 Permit and license may be required.
5.16.030 Determination and enforcement of rules and regulations.
5.16.040 Attending prohibited by persons under age sixteen.
5.16.050 Exceptions to Section 5.16.040.
5.16.060 Boisterous conduct prohibited.
5.16.070 Lighting required after sunset.
5.16.080 Premises regulations.
5.16.090 Certain persons prohibited.
5.16.100 Lewd dancing prohibited—Violators excluded from dancehall.
5.16.110 Marathon dancing contest—Carrying on prohibited.
5.16.120 Marathon dancing contest—Participation in prohibited.
5.16.130 Dance instruction regulations.
5.16.140 Proprietor responsible for violations of law even when police present.
5.16.150 Serving of drinks, cracked ice or setups.
5.16.160 Free access to law enforcement officers required.
5.16.170 Lighting and sanitary regulations.
5.16.180 Smoking prohibited except in smoke rooms or other place approved by fire chief.
5.16.190 Special permit required after one o’clock a.m.
5.16.200 Possession of alcoholic beverages.
5.16.210 Revocation of license authorized.
5.16.230 Issuance of permit or license to premises where forfeited or revoked.
5.16.010 Defined.
A “public dance” within the meaning of this chapter is any dance conducted in any public hall or place as a business for profit, which is operated continuously or for a greater portion of the time, or at all, as a business for profit, whether the admission is charged at the door, by the sale of tickets, or by any other method whatsoever. (Prior code § 4.1)
5.16.020 Permit and license may be required.
No person shall carry on a public dancehall without first having secured such permits and licenses as shall be required by the city. (Prior code § 4.2)
5.16.030 Determination and enforcement of rules and regulations.
The city council may make rules governing the operation of public dancehalls. The city council shall determine the rules and regulations to govern the dancehalls and shall set forth the policy to the chief of police who shall have charge of the enforcement of the rules and regulations. (Prior code § 4.3)
5.16.040 Attending prohibited by persons under age sixteen.
No person under the age of sixteen years of age shall enter, be in, or dance in any public dancehall. No parent, guardian, or proprietor or person in charge of any public dancehall shall permit any person under the age of sixteen years to enter, be in, or dance in any public dancehall. (Prior code § 18.27)
5.16.050 Exceptions to Section 5.16.040.
Nothing in Section 5.16.040 shall apply to dances conducted by or under the auspices of the recreation department or the board of education of the city or by any club or organization specifically authorized by the city council in writing to conduct dances for minors under the age of sixteen years. (Prior code § 18.29)
5.16.060 Boisterous conduct prohibited.
No person shall conduct himself in a boisterous or disorderly manner in a public dancehall. (Prior code § 18.1)
5.16.070 Lighting required after sunset.
No person carrying on a public dancehall, or having charge or control thereof, nor any person employed in or about the same shall carry on such public dancehall after sunset of any day, unless the room or hall in which dancing takes place, including any lodge, booth or alcove, is lighted or illuminated in such manner and to such extent as is usual or customary for lighting or illuminating halls or rooms of like dimensions in the nighttime for public assemblies, before any person is admitted thereto and before any dancing is commenced therein. Such lighting or illumination shall be maintained thereafter throughout the entire time while such dancing is in progress without diminution and without interruption until such dancing is concluded and until all dancers leave the premises. (Prior code § 4.4)
5.16.080 Premises regulations.
There shall be no booths, alcoves or enclosures of any kind in a public dancehall, excepting only toilet facilities and excepting also office rooms to which patrons shall not have access. A public dancehall that maintains soft drink service shall be permitted to have tables and chairs for the convenience of patrons; provided, that such tables and chairs are in a fully lighted room and not shut off from the main dancehall by doors, curtains or any partition other than clear glass. Any room used for soft drink service in connection with a public dancehall must be large enough to accommodate no fewer than twelve persons. (Prior code § 4.5: Ord. 79 § 6)
5.16.090 Certain persons prohibited.
No person in charge, or assisting in the conduct of any public dancehall, shall permit any intoxicated, boisterous or disorderly person to enter, be or remain in or to assist in any such public dancehall. (Prior code § 4.6: Ord. 79 § 7)
5.16.100 Lewd dancing prohibited—Violators excluded from dancehall.
A. No person shall dance in a lewd, suggestive or unusual manner, nor shall any lewd or improper person enter or remain in, or be permitted to enter or remain in any public dancehall.
B. Any patron of a dancehall who violates any of the provisions of this section or any rules of the council pertaining thereto may be excluded from the dancehall by the management or by any member of the police department. (Prior code § 4.7: Ord. 79 § 8)
5.16.110 Marathon dancing contest—Carrying on prohibited.
No person shall carry on any so called marathon dancing contest, exhibition or race or any contest or exhibition of endurance in dancing, or any walkathon or any contest of a similar nature, continuing for more than twenty-four hours within the city. (Prior code § 4.8: Ord. 79 § 9)
5.16.120 Marathon dancing contest—Participation in prohibited.
No person shall participate in any so-called marathon dancing contest or exhibition or race, or in any contest or exhibition of endurance in dancing or any walkathon, or contest of a similar nature within the city. (Prior code § 4.9: Ord. 79 § 10)
5.16.130 Dance instruction regulations.
A. No person carrying on a public dancehall, or having charge or control thereof, shall employ or permit any female person under the age of twenty-one years to give instruction in dancing therein or thereat to male persons, nor shall permit any female person to dance for hire with a male person therein or thereat, nor shall any person, male or female, give instruction in dancing in any public dancehall to a person of the opposite sex except when such instructors are specifically authorized by the chief of police in writing to give dancing instruction. Any such authorization shall at once be revoked if it becomes evident that such person is dancing for hire and is not a bona fide dancing instructor.
B. No person carrying on a public dancehall, or having charge or control thereof, shall permit any instructor to give instructions in dancing in any private room or booth in such public dancehall. For the purpose of this section, “private room or booth” includes any room, booth, alcove or enclosure, every part of which is not clearly visible at all times from the main dance floor.
C. Nothing contained in this section shall be deemed or construed as applying to any place wherein or whereat classic dancing is the principal subject taught. (Prior code § 4.10: Ord. 79 § 11)
5.16.140 Proprietor responsible for violations of law even when police present.
The presence of any policeman at any public dancehall shall not relieve the proprietor thereof, or any of his employees, from the responsibility of the provisions of this chapter or for violations of any law or ordinance or lawful rule of the chief of police or from responsibility for maintaining decency and order in such public dancehall. (Prior code § 4.11: Ord. 79 § 12)
5.16.150 Serving of drinks, cracked ice or setups.
No person carrying on a public dancehall, or having charge or control thereof, shall serve or permit to be served any drinks other than individual drinks, or to serve or permit to be served cracked ice in glasses or otherwise, or serve or permit to be served what is commonly termed as setup. (Prior code § 4.12: Ord. 79 § 13)
5.16.160 Free access to law enforcement officers required.
Any peace officer of the city or the state or any officer of the United States Government charged with the duty of enforcing the public laws of the United States Government shall have free access at all times to any dancehall licensed under the provisions of this chapter. (Prior code § 4.13: Ord. 79 § 14)
5.16.170 Lighting and sanitary regulations.
The holder of a license to operate a public dancehall authorized under this chapter shall keep such dancehall in a clean, healthful, and sanitary condition at all times and have the stairways and passages and all rooms and places connecting with such dancehall at all times open and well-lighted. (Prior code § 4.14: Ord. 79 § 15)
5.16.180 Smoking prohibited except in smoke rooms or other place approved by fire chief.
No person shall be permitted to smoke or carry in his hand a lighted cigar, cigarette, or pipe in any public dancehall or in the hallways leading to such dancehall at any time a dance is in progress or during the intermissions therein; provided, however, that it is not unlawful to smoke in any smoke room connected with the dancehall; provided further, that where a dancehall is located on the ground floor and loges located upon the same floor are equipped with suitable smoking facilities, smoking may be permitted in such loges upon approval of the chief of the fire department. (Prior code § 4.15: Ord. 79 § 16)
5.16.190 Special permit required after one o’clock a.m.
No public dance shall be held in any public dancehall within the city after the hour of one o’clock a.m., unless a special permit is first obtained from the chief of police. (Prior code § 4.16: Ord. 79 § 18)
5.16.200 Possession of alcoholic beverages.
No person shall possess alcoholic beverages upon the premises unless the premises is licensed to sell the same and then only in accordance with the terms of that license and the rules and regulations as promulgated by the state board of equalization. (Prior code § 4.17: Ord. 79 § 19)
5.16.210 Revocation of license authorized.
The city council is authorized for any cause which it may deem sufficient, to revoke at any time any license issued under the provisions of this chapter. (Prior code § 4.18: Ord. 79 § 20 (part))
5.16.220 Forfeiture of permit or license authorized under chapter—Granting of permit or license to persons where forfeited.
A conviction for a 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. (Prior code § 4.19: Ord. 79 § 20 (part))
5.16.230 Issuance of permit or license to premises where forfeited or revoked.
If at any time, for any cause, the license of a dancehall or a place mentioned within the provisions of this chapter is forfeited or revoked, at least one month shall have elapsed before another license or permit shall be given for dancing or conducting such place of amusement in or upon such premises unless the city council has good cause to decide otherwise. (Prior code § 4.20: Ord. 79 § 20 (part))