Chapter 5.52
PUBLIC DANCES AND ENTERTAINMENT
Sections:
Article I. Public Dances
5.52.040 Permit – Application – Filing – Fee – Contents.
5.52.050 Permit – Application – Review and investigation.
5.52.060 Permit – Standards for denial.
5.52.070 Permit – Transferability.
5.52.090 Age of persons attending.
Article II. Entertainment
5.52.140 Permit – Existing establishments.
5.52.150 Permit – Application – Contents.
5.52.160 Permit – Application – Fee.
5.52.170 Permit – Standards for denial.
5.52.180 Permit – Transferability.
5.52.190 Location use permit required for bars and taverns.
Article I. Public Dances
5.52.010 Definitions.
As used in this chapter:
“Person” includes every person, club, firm, association, or corporation conducting a public dance, or series thereof, or permitting public dances to be conducted under their auspices, and shall include the principals, agents, officers, and employees thereof.
“Public dance” includes any dance open to the general public whether or not a fee is charged therefor, including dancing permitted in connection with any commercial activity that is open to the general public. (Ord. 603 § 2, 1982; prior code § 5-310)
5.52.020 Exemptions.
The provisions of SMC 5.52.010 to 5.52.060, inclusive, shall not apply to any dance given in a public school or within any city facility by any of the classes thereof or to any religious, fraternal or other private nonprofit organization that holds at least one regular meeting each month which conducts a dance for the principal benefit of its membership and their guests. (Ord. 603 § 2, 1982; prior code § 5-310)
5.52.030 Permit – Required.
It is unlawful for any person to conduct or operate a public dance, to permit dancing by the public in any establishment operated by such person and open to the general public, or to sell tickets for any public dance, unless a public dance permit is first secured pursuant to SMC 5.52.010 through 5.52.060, inclusive. (Ord. 603 § 2, 1982; prior code § 5-309)
5.52.040 Permit – Application – Filing – Fee – Contents.
A. Applications for a public dance permit shall be filed with the city clerk for review by the special license and permit board on forms furnished by the board.
B. Every dance permit application shall be accompanied by a nonrefundable processing and investigation fee in accordance with the fee schedule on file in the City Hall.
C. Every application for a dance permit shall contain the following information:
1. Name and address of the applicant;
2. The location where the dance will be held;
3. The date or dates on which dancing will take place;
4. The character and nature of the dance;
5. The admission fee or other charge, if any;
6. Whether or not any food or beverages are to be sold or consumed on the premises;
7. The maximum number of persons who will be attending or participating in the dance;
8. Such additional information deemed necessary by the board to facilitate the review and investigation of the application. (Ord. 603 § 2, 1982; prior code § 5-311)
5.52.050 Permit – Application – Review and investigation.
Upon receipt of an application for a public dance permit the board shall immediately review and investigate the application. (Ord. 603 § 2, 1982; prior code § 5-312)
5.52.060 Permit – Standards for denial.
No permit shall be issued in the event it is determined that:
A. Based upon the number of persons anticipated, there are insufficient doorways, or other means of ingress or egress to permit the safe departure of the persons attending the dance and adequate access for police, firemen, and other emergency personnel in case of a fire or public disturbance.
B. The proposed dance would be in conflict with or violate any building, health, safety, zoning or other law, ordinance, or regulation.
C. Sanitation and food and beverage handling practices are inadequate and do not comply with commonly accepted sanitation procedures.
D. The building in which the dance is to be conducted is not structurally adequate for the number of persons to be accommodated or does not have adequate ventilation for the group or is constructed of or contains flammable or otherwise dangerous material.
E. The proximity of the dance location to residential property would disturb the quiet enjoyment of such residential property by the occupants thereof. (Ord. 603 § 2, 1982; prior code § 5-313)
5.52.070 Permit – Transferability.
No permit shall be transferable as to ownership. (Ord. 603 § 2, 1982; prior code § 5-314)
5.52.080 Hours of operation.
It is unlawful for any person to conduct a public dance between the hours of two a.m. and six a.m., and it is unlawful for any person to participate in a public dance between said hours. (Ord. 603 § 2, 1982; prior code § 5-315)
5.52.090 Age of persons attending.
A. It is unlawful to admit or permit to remain in or about the place where a public dance is being conducted, after the hour of six p.m., any person under sixteen years of age, unless such person is accompanied by his parent or legal guardian, or by some adult bearing written consent of his parent or legal guardian, and it is unlawful for any such person to attend a public dance unless so accompanied.
B. It is unlawful for any person to make any false statement as to his or her age or the age of any other person for the purpose of obtaining admission to a public dance. (Ord. 603 § 2, 1982; prior code § 5-316)
5.52.100 Taxi dances.
It is unlawful to conduct a public dance at which any person is compensated, in any form, for dancing with members of the general public. (Ord. 603 § 2, 1982; prior code § 5-317)
Article II. Entertainment
5.52.110 Definition.
A. “Entertainment” means every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance, act, or song and dance act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons, and shall include any of such forms of live entertainment when used in connection with, or as a means to attract or hold the attention of such guests or patrons for the purpose of, advertisement, demonstration or display of goods, wares, merchandise, or service.
B. The definition of “entertainment” further includes, but is not limited to, where any waiter or waitress, host or hostess, or male or female attendant in such public place participates in, or allows or permits any other male or female present on the premises to participate in, any performance in such public place unclothed or in such attire, costume or clothing as to expose to public view any portion of either breast at or below the areola, in the case of a female, or any part of the pubic region or anal region or crease of the buttocks of any such person. (Ord. 603 § 2, 1982; prior code § 5-318)
5.52.120 Permit – Required.
No person shall provide or permit any entertainment in a coffeeshop, restaurant, cocktail lounge, bar, hall, theater, or other place where food or other refreshments or beverages are served, and which is open to the public, unless such person first obtains a permit to do so from the special license and permit board, as provided in Chapter 2.34 SMC. (Ord. 603 § 2, 1982; prior code § 5-319)
5.52.130 Permit – Exemptions.
The provisions of SMC 5.52.120 shall not be deemed to require a permit for the following:
A. For the use of a radio or music recording machine or jukebox in any establishment;
B. For any entertainment provided for members and their guests at a private club where admission is not open to the public;
C. For entertainment conducted in connection with a regularly established recreation park, school function, circus, or fairground;
D. For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable, dramatic, or literary purpose having an established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association. (Ord. 603 § 2, 1982; prior code § 5-320)
5.52.140 Permit – Existing establishments.
A. All establishments within the city who are providing live entertainment for their patrons shall make application for a permit as provided in SMC 5.52.150. Such application shall be filed with the city clerk within fifteen days following the effective date of this section.
B. If any person continues to provide live entertainment, his failure to file a timely application, as required in this section, shall be deemed an infraction and subject to the penalty as provided in SMC 1.12.010, 1.12.030 and 1.16.030. (Ord. 623 § 2, 1982; Ord. 603 § 2, 1982; prior code § 5-321)
5.52.150 Permit – Application – Contents.
Applicants for entertainment permits shall file a written, signed and acknowledged application with the city clerk containing:
A. The address and name of the applicant;
B. A detailed description of the entertainment, including the type of entertainment, number of persons engaged in the entertainment, and any further information about the entertainment that the board may deem necessary;
C. The date, hours, and location where the entertainment is proposed and the admission fee, if any, to be charged;
D. The name or names of the person or persons managing or supervising the applicant’s business;
E. A statement of the nature and character of the applicant’s business, if any, to be carried on in conjunction with such entertainment;
F. Whether or not the person or persons managing or supervising the applicant’s business have been convicted of a crime, the nature of such offense, and the sentence received therefor;
G. Such other reasonable information regarding the identity or character of the person or persons managing or supervising the applicant’s business as the board may deem necessary. (Ord. 603 § 2, 1982; prior code § 5-322)
5.52.160 Permit – Application – Fee.
A fee in accordance with the fee schedule on file in the City Hall shall be paid to the director of finance for each application filed for the purpose of defraying the administrative costs associated with the processing of such application. (Ord. 603 § 2, 1982; prior code § 5-323)
5.52.170 Permit – Standards for denial.
No permit shall be issued in the event it is determined that:
A. Based upon the number of persons anticipated, there are insufficient doorways, stairways, or other means of ingress or egress to permit the safe departure of the persons occupying the premises and adequate access for police, firemen, and other emergency personnel in case of a fire or public disturbance.
B. The proposed entertainment would be in conflict with or violate any building, health, safety, zoning or other law, ordinance, or regulation.
C. Sanitation and food and beverage handling practices are inadequate and do not comply with commonly accepted sanitation procedures.
D. The building in which the entertainment is to be conducted is not structurally adequate for the number of people to be accommodated or does not have adequate ventilation for the groups or is constructed of or contains flammable or otherwise dangerous material.
E. The proximity of the entertainment location to residential property would disturb the quiet enjoyment of such residential property by the occupants thereof.
F. Nude waiters or waitresses are to be employed by the applicant in connection with the serving of food and beverages.
G. Nude entertainers are to be employed by the applicant for the purpose of performing actual sexual intercourse, or simulated sexual intercourse, or simulated acts of the infamous crime against nature, or any other lewd or lascivious act, calculated to appeal to the prurient interest of occupants of the premises and affront the contemporary community standards of decency. (Ord. 603 § 2, 1982; prior code § 5-324)
5.52.180 Permit – Transferability.
No permit shall be transferable as to ownership. (Ord. 603 § 2, 1982; prior code § 5-325)
5.52.190 Location use permit required for bars and taverns.
All business establishments wherein there will be located an on-sale alcoholic beverage license for any type of alcoholic beverage shall first secure a use permit. The applicant for such use permit shall show as a condition for the granting thereof that the proposed use will not be detrimental to the neighborhood wherein such use is proposed by reason of creating too great a density of establishment selling on-sale alcoholic beverages. The city council declares that the existence of a concentration of such establishments (more than one within a radius of three hundred feet in a small area) tends to destroy the commercial character of the area, depreciates the value of properties used for other commercial purposes, creates police problems peculiar to said on-sale tavern or bar operations and creates parking and traffic problems. (Ord. 603 § 2, 1982; prior code § 5-326)