CHAPTER 11. PUBLIC DANCE PERMITS
4-11.01 Definitions.
For the purposes of this chapter, certain words and phrases used herein are defined as follows:
Public Dance shall mean any dance open to the public for which a fee or cover charge is imposed, and shall also include live musical performances for which a fee or cover charge is imposed where fixed seating or chairs are not provided for each patron or customer attending the event. A "public dance" shall not include the presentation of nonrecorded or recorded musical selections in connection with any public gathering where the presentation of such musical selection is only incidental to such public gathering and not a primary purpose of the event. (§1, Ord. 870, eff. February 2, 1967; by §1, Ord. 1764, eff. 3/21/91; by §1, Ord. 1824, eff. 8/28/93; and by §1, Ord. 1873 eff. 1/4/96)
4-11.02 Exclusions.
The provisions of this chapter shall not be deemed to require a permit for the following:
(a) for any public dance conducted in a park or recreational facility owned or operated by the City of Walnut Creek or any other governmental entity;
(b) for any public dance conducted in any auditorium, public hall, or similar facility which is owned by a religious organization or association; or
(c) for any public dance conducted by or sponsored by any bona fide organization or association organized for charitable, dramatic or literary purposes having an established membership and which holds meetings for purposes 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. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; by §1, Ord. 1824, eff. 8/28/93; by §1, Ord. 1863, eff. 6/15/95; and by §1, Ord. 1864, eff. 8/10/95)
4-11.03 Public Dance Permit Required.
No person shall conduct or permit a public dance without the public dance permit required by this chapter. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; and by §1, Ord. 1824, eff. 8/28/93)
4-11.04 Application for Permit by Establishment.
Applicants for public dance permits shall file an application with the Chief of Police showing the following:
a. The name and permanent address of applicant;
b. A description of the proposed public dance or dances, including approximate number of persons who may attend the public dance(s), and any further information about the location or the activity which will occur on the premise as the Chief of Police may deem necessary;
c. The date, hours and location where the public dance(s) is proposed and the admission fee to be charged;
d. The proposed security arrangements for control of patrons;
e. The name or names of the person or persons having the management or supervision of applicant’s business;
f. History of residence of the applicant for the preceding five years;
g. Whether or not the person or persons having the management or supervision of applicant’s business have been convicted of a crime, the nature of such offense, and the sentence received therefor;
h. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant’s business, as the Chief of Police may deem necessary;
i. Submittal of a business plan consistent with the requirements of the Chief of Police. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; and by §1, Ord. 1824, eff. 8/28/93)
4-11.05 Establishment - Application Fee.
A fee, as provided in the resolution establishing fees and charges for various municipal services, shall be paid to the City of Walnut Creek upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the processing of said application. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; and by §1, Ord. 1824, eff. 8/28/93)
4-11.06 Granting Permit for Establishment.
After the making and filing of said application for the public dance permit and the payment of fee, the Chief of Police shall make an investigation of the application. After the investigation is complete, and in no case later than thirty (30) days after receipt of a completed receipt of a completed application, the Chief of Police shall either:
a. issue an annual permit; or
b. deny the permit if he or she finds that facts exist upon which a denial of said permit is authorized pursuant to this chapter; or
c. issue an annual permit subject to conditions if the Chief of Police finds that conditions can be imposed which will eliminate any ground for denial provided for in this chapter.
d. An applicant who is aggrieved by a decision denying or conditioning a permit may, within five business days, appeal the decision in writing to the City Manager who shall, following a hearing, take action as provided in this section.
e. The decision of the City Manager shall be final.
Any permit issued under this chapter shall expire one year following its issuance. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; by §1, Ord. 1824, eff. 8/28/93; and by §1, Ord. 1886, eff. 4/4/96)
4-11.07 Annual Review of Permit.
a. Prior to the anniversary date, the Chief of Police shall conduct an annual review of the public dance permit issued to assess the permittee’s compliance with the conditions of the permit and the business plan. The Chief of Police shall have the authority to renew, further condition or deny the public dance permit.
b. An applicant who is aggrieved by a decision denying or conditioning a permit may, within five business days, appeal the decision in writing to the City Manager who shall, following a hearing, take action as provided in this section.
c. The decision of the City Manager shall be final. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; and by §1, Ord. 1824, eff. 8/28/93; and by §2, Ord. 1886, eff. 4/4/96)
4-11.08 Grounds for Denial of Permit for Establishment.
The grounds for denial of a permit shall be one or more of the following:
(a) The business or conduct of the business at a particular location is prohibited by any local or state law, statute, rule or regulation.
(b) The applicant has knowingly made a false statement of material fact or has knowingly omitted to state a material fact.
(c) the applicant has failed to demonstrate that the issuance of the permit will not adversely impact nearby residentially zoned properties.
(d) The applicant has failed to demonstrate that the issuance of the permit will not adversely impact nearby institutions or businesses.
(e) The applicant, his or her agent or employees, or any person who is exercising managerial authority on behalf of the applicant has engaged in misconduct or has been convicted of a crime substantially related to the qualifications, functions or duties of a permittee, including, but not limited to, violent crimes, crimes against children, and drug-related crimes. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendre.
(f) The applicant has committed an act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another or substantially injure another.
(g) Commission of any act which, if done by a permittee, would be grounds for suspension or revocation of a permit.
(h) Notwithstanding the above, the applicant shall not be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under §4852.01 of the Penal Code or that he or she has been convicted of a misdemeanor. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; by §1, Ord. 1824, eff. 8/28/93; by §2, Ord. 1863, eff. 6/15/95)
4-11.09 Suspension or Revocation of Permit for Establishment.
The City Manager may, upon his or her motion, investigate the actions of any permittee after receiving a report from the Police Department. Following notice and an opportunity for a hearing to the permittee, the City Manager may do one of the following: temporarily suspend, for a period not exceeding one year, condition, or revoke the permit of any permittee who commits any one or more of the acts or omissions constituting the grounds for suspension or revocation under this chapter. The decision of the City Manager shall be final. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; and by §1, Ord. 1824, eff. 8/28/93)
4-11.10 Suspension or Revocation of Permits--Grounds.
It shall be a ground for suspension or revocation of a permit if any permittee or person, his or her agent, or employee:
a. Done any act which violated any of the grounds set forth in §4-11.08 which sets forth the grounds for denial of a permit for the establishment; or
b. Violated any other provision of this chapter or any statute, ordinance, or regulation relating to his or her permitted activity; or
c. Engaged in or permitted misconduct substantially related to the qualifications, functions or duties of the permittee; or
d. Conducted the permitted business in a manner contrary to the peace, health, or safety of the public; or
e. Failed to take reasonable measures to control the establishment’s patrons’ conduct resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or creation of a public or private nuisance, or obstruction of the business operation of another business; or
f. Failed to comply with the permit conditions imposed pursuant to §4-11.06(c) or failed to comply with the terms of the business plan required in §4-11.04(i); or
g. Operated or permitted the operation of any musical instruments, sound amplifiers, or sounds in general, which violates provisions of §§4-6.203 through 4-6.204 of this Code. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; and by §1, Ord. 1824, eff. 8/28/93)
4-11.11 Suspension or Revocation Without Hearing.
If any person holding a permit or acting under the authority of such permit under this article is convicted of a public offense in any court for the violation of any law which relates to his or her permit, the City Manager, after receiving a report and recommendation from the Chief of Police, may revoke said permit forthwith without any further action thereof, other than giving notice of revocation to the permittee. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; and by §1, Ord. 1824, eff. 8/28/93)
4-11.12 New Permit Application After Denial or Revocation.
When the permit of any person is revoked for cause or surrendered, no new application for a permit from the same person shall be accepted within one (1) year after such revocation. When an application for a permit is denied for cause, no new application for a permit from the same person shall be accepted within one (1) year after denial unless the applicant shall show material change in his or her situation which would justify the issuance of such permit. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; and by §1, Ord. 1824, eff. 8/28/93)
4-11.13 Judicial Review. CCP §1094.6
Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate in accordance with the provisions of the Code of Civil Procedure §1094.5. Any such petition shall be filed within ninety (90) days after the day the decision becomes final as provided in Code of Civil Procedure §1094.6, which shall be applicable to such actions. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; and by §1, Ord. 1824, eff. 8/28/93)
4-11.14 Penalty.
Any person who violates any provision of §4-11.03 shall be guilty of a misdemeanor or an infraction.
a. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in §1-2.01 of this code.
b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or a fine not exceeding $1,000 of by both such fine and imprisonment. (§1, Ord. 870, eff. February 2, 1967 and by §1, Ord. 1764, eff. 3/21/91; and by §1, Ord. 1824, eff. 8/28/93)