Chapter 5.04
PUBLIC DANCES
Sections:
5.04.030 Police officers to be present.
5.04.050 Permit denial or revocation.
5.04.060 Immediate danger—Suspension of dance.
5.04.010 Definitions.
As used in this chapter:
“Applicant” means an applicant for or one who holds a permit under this chapter.
“Public dance” means a gathering of persons primarily for the purpose of dancing, where the general public may attend and which is not restricted to a closed membership, as is a club or private gathering.
“Public dance hall” means any place, licensed or otherwise, where the public is invited to meet, or does meet, for the purpose of dancing, or any public hall or place where the public dances. Public dance hall shall not include premises such as restaurants, nightclubs, taverns and parks which are not devoted solely or primarily to dancing. (Ord. 763 § 5-520(1), 1989)
5.04.020 Permit required.
No person shall hold or sponsor a public dance, or operate a public dance hall, without obtaining a permit from the city manager or the manager’s designee. (Ord. 763 § 5-520(2), 1989)
5.04.030 Police officers to be present.
At least one police officer shall be present at any public dance. The number of officers present at the dance shall be determined by the city manager or the manager’s designee. The person sponsoring or holding the public dance shall be responsible for the expense of having the officer(s) present at that dance. (Ord. 763 § 5-520(3), 1989)
5.04.040 Permit request.
A request for a permit to hold a public dance shall be made to a city manager or the manager’s designee at least two weeks prior to the scheduled date of the public dance. (Ord. 763 § 5-520(4), 1989)
5.04.050 Permit denial or revocation.
The city manager or the manager’s designee may deny or revoke a permit to hold a public dance or to operate a public dance hall upon finding that:
A. The applicant fails to meet the requirements of this code, or is doing business in violation of this code or applicable federal, state or county law, ordinance, rural or regulation;
B. The applicant has provided false or misleading material information, or has omitted disclosure of a material fact on the application, related materials or permit;
C. The applicant’s past or present violation of law or ordinance, including a violation that does not lead to a conviction, presents a reasonable doubt about his/her ability to hold the public dance or operate the public dance hall without endangering property or the public health and safety;
D. The public dance or public dance hall would endanger property or the public health or safety;
E. The site where the applicant proposes to hold the public dance or operate the public dance hall is one which is not zoned for such land use;
F. The structure in which the dancing would take place is not approved by the fire marshal or is not of sufficient size to accommodate the number of people expected to attend the dance or does not have sufficient exits as required in the fire code for the size of the building and the number of people elected to attend;
G. The structure in which the dance will occur does not comply with all the applicable state and city statutes;
H. The dance is expected to violate any applicable noise standards. (Ord. 763 § 5-520(5), 1989)
5.04.060 Immediate danger—Suspension of dance.
Upon determining that a dance presents an immediate danger to person or property, the city manager or the manager’s designee may summarily suspend the dance or the operation of the public dance hall. (Ord. 763 § 5-520(6), 1989)
5.04.070 Violation—Penalty.
Violation of this chapter is punishable by a fine not to exceed five hundred dollars ($500.00) or confinement in jail not to exceed thirty (30) days, or both fine and imprisonment. (Ord. 763 § 5-901 (part), 1989)