Chapter 5.41
PUBLIC DANCE LICENSING

Sections:

5.41.010    Definitions.

5.41.020    License required – Fee – Renewals.

5.41.030    License – Exemption and waiver of payment.

5.41.040    Application.

5.41.050    Denial or nonrenewal of license.

5.41.060    Revocation or suspension of license.

5.41.070    Appeal from denial, revocation, suspension or conditions.

5.41.080    Security.

5.41.090    Litter control – Security for cleanup.

5.41.100    Loitering on premises prohibited.

5.41.110    Age restrictions.

5.41.120    Hours of operation.

5.41.130    Public dance – Readmission fee.

5.41.140    Access – By police and fire officers.

5.41.150    License limited to licensee and location.

5.41.160    Alcohol.

5.41.170    Limitation of liability.

5.41.010 Definitions.

For the purpose of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:

A. “Public dance” means any dance that is open to the public and permits the entry of persons and (1) is conducted for profit, direct or indirect, or (2) requires a monetary payment or contribution from the persons admitted. The term “public dance” does not include a banquet, party, or celebration conducted for invited guests which is not open to the public. The term “public dance” does not include any business or private club operating continuously from a fixed location that is properly licensed and operating and offers dancing to patrons as incidental to the regular operation of the business or private club.

B. “Public teen dance” means any dance that is open to the public which permits the entry of persons under the age of twenty-one years without their parent or adult legal guardian present on the premises and (1) is conducted for profit, direct or indirect, or (2) requires a monetary payment or contribution from the persons admitted. The term “public teen dance” does not include a banquet, party, or celebration conducted for invited guests which is not open to the public. A “public teen dance” is a public dance and all provisions in this chapter relating to a public dance shall apply to a public teen dance unless otherwise stated in the provisions of this chapter.

C. “Dance hall” means any place or premises where a public dance is conducted, including but not limited to all parking areas, hallways, bathrooms, and adjoining areas accessible to the public during the dance.

D. “Person” includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization.

E. “Chief law enforcement officer” means the city of Chelan chief law enforcement officer or his or her designee.

F. “Security” means licensed and bonded persons or off-duty law enforcement officers dedicated to maintaining adherence to laws and regulations of this chapter in the public dance hall.

G. “Fire chief” means the fire chief of Chelan County Fire District No. 7 or his or her designee.

H. “City administrator” means the city of Chelan city administrator or his or her designee. (Ord. 1287 § 5, 2004; Ord. 1192 § 1 (part), 2000).

5.41.020 License required – Fee – Renewals.

A. It is unlawful for any person to conduct a public dance within the city of Chelan without first having obtained and being the holder of a valid license for such activity, to be known as a public dance license. The annual fee for a public dance license shall be set from time to time by resolution of the city council; provided, that the chief law enforcement officer may issue a permit to any applicant for a per public dance fee to be set from time to time by resolution of the city council; provided further, that the chief law enforcement officer shall not issue more than two single public dance permits within any thirty-day period to any one person, or to anyone acting on his or her behalf or to any applicant, desiring to hold a public dance at any place where more than two single public dance permits have been issued within the last thirty days without the applicant first securing an annual public dance permit. The term and renewal of any annual license shall be as provided in this section.

B. All applicants for permits, whether annual or single night, shall indicate the anticipated dates of proposed public dances and both the hour of commencement and closing of each of the proposed public dances.

C. The permits as provided in this chapter shall not be assignable.

D. All annual public dance licenses shall expire on December 31st of each year. (Ord. 1287 § 5, 2004; Ord. 1192 § 1 (part), 2000).

5.41.030 License – Exemption and waiver of payment.

A. An application or license is not required if the public dance is sponsored by Chelan School District No. 129 and is held on school district property.

B. An application or license is not required if the public dance is managed or operated by the city of Chelan, in which case the chief law enforcement officer may waive the license requirements of this chapter.

C. Those organizations which are not required to obtain a license under this chapter shall register their intent to conduct a public dance with the chief law enforcement officer within fourteen days prior to each public dance held, and shall include such information required for an application for a license under this chapter. Additionally, that organization shall provide proof satisfactory to the chief law enforcement officer of the organizations’ exempt status. (Ord. 1287 § 5, 2004; Ord. 1192 § 1 (part), 2000).

5.41.040 Application.

A. Applications for any license pursuant to this chapter shall be submitted in writing to the chief law enforcement officer upon such forms as the chief law enforcement officer may prescribe at least thirty days prior to the first public dance. If the application is submitted less than thirty days before the public dance, the chief law enforcement officer may, subject to available resources, process the application, subject to an additional fee of fifty percent of the prescribed fee. In addition to other information requested, application forms shall contain the name and place of residence of the applicant, the address and the description of the premises to be licensed, security firm responsible for security, and the date and time of the public dance or public dances to be held. If any alcoholic beverages are to be served at the public dance, the applicant will note intent to serve in the application and provide a copy of such license to serve as issued by the Washington State Liquor Control Board and within the requirements of RCW Title 66. All applications shall be accompanied by a certificate of insurance evidencing public liability coverage for persons and property equal to at least one million dollars per occurrence and two million dollars in aggregate. Such policy shall be in a form and with a company approved by the city and name the city of Chelan as a named additional insured and provide that thirty days’ prior written notice of cancellation will be given to the city.

B. The chief law enforcement officer shall cause an investigation to be conducted as to the truth of the statements contained in the application and investigate all other matters pertaining to the criteria for license approval set forth in this chapter. The chief law enforcement officer shall report to the applicant the results of such investigation, as well as his or her other findings as to whether the criteria for obtaining a public dance license have been met.

C. The chief law enforcement officer, either at the time of initial licensing, or anytime thereafter, may impose such conditions as he or she finds necessary to adequately protect the public health, safety and general welfare, including the conditions that the licensee have specific numbers of licensed/bonded security personnel and/or the licensee employ city police officers to enforce the laws of the state of Washington and city ordinances during any public dance.

D. In addition, the applicant shall be responsible for pre-payment to the city of any costs to the city for police officers, plus a fifteen percent administrative fee. For example, if two police officers are required for two hours and the rate of pay for the officers is twenty-five dollars per hour, then the applicant must pay, in addition to the application fee, one hundred fifteen dollars (twenty-five dollars multiplied by two hours multiplied by two officers plus fifteen percent). (Ord. 1287 § 5, 2004; Ord. 1192 § 1 (part), 2000).

5.41.050 Denial or nonrenewal of license.

A. The chief law enforcement officer shall deny or not renew a license if one or more of the following conditions exist:

1. The applicant is not in compliance with any state, county or city law or ordinance applicable to the premises or operator, or has failed to pay any penalties, fines, or assessments levied pursuant to this chapter; provided, a public dance license shall not be withheld if the licensee is in compliance with a court or administrator order concerning payment of penalties, fines or assessments; or

2. The applicant or any of the applicant’s officers, directors, partners, operators, employees or other persons involved in the operation of the public dance shall have:

a. Committed any act, which if committed by a licensee, would be grounds for suspension or revocation of a license or permit; or

b. Been convicted within the last five years of a felony involving a crime of violence (as defined in RCW 9.41.010(11)), or any felony under Chapters 9A.44, 9A.64, 9A.88, or 69.50 RCW, as said state laws now exist or may hereafter be amended; or

3. Within the last two years the applicant has had a license revoked pursuant to the provisions of this chapter.

B. When the chief law enforcement officer refuses to grant a license, or grants a license with conditions, he or she shall notify the applicant in writing of the decision and shall inform the applicant of the applicant’s right to appeal to the city administrator in accordance with the provisions of Section 5.41.070. (Ord. 1287 § 5, 2004; Ord. 1192 § 1 (part), 2000).

5.41.060 Revocation or suspension of license.

A. The chief law enforcement officer may notify the licensee in writing of the chief law enforcement officer’s decision to suspend or revoke any license issued pursuant to this chapter when one or more of the following conditions exists:

1. The license was procured by fraud or false representation of material fact in the application or in any report or record required to be filed with the city;

2. The building, structure, or equipment or location of the business or public dance for which the license was issued does not comply with the requirements or fails to meet the standards of applicable health, zoning, building, fire and safety laws and ordinances of the state of Washington, Chelan County, or the city of Chelan, or the requirements of this chapter;

3. The applicant or any of the applicant’s officers, directors, partners, operators, employees or other person involved in the operation of a public dance has been convicted within the last five years of a felony involving a crime of violence (as defined in RCW 9.41.010(11)) or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW, as said state laws now exist or may hereafter be amended; or

4. The licensee or his or her employee, agent, partner, director, officer or manager has knowingly:

a. Allowed or permitted a felony involving a crime of violence (as defined in RCW 9.41.010(11)) or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW, as said state laws now exist or may hereafter be amended, to occur in or upon the public dance hall premises;

b. Allowed or permitted any act or solicitation for sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the public dance hall premises;

c. Allowed or permitted the possession or consumption of liquor by persons under the age of twenty-one years;

d. Allowed or permitted the giving or supplying of liquor to any person under the age of twenty-one years;

e. Allowed or permitted the use by any person in or upon public dance hall premises of marijuana, cocaine or any other controlled substance (as defined in RCW 69.50.101(d) as now exists or as hereafter amended) not prescribed by a licensed physician for use by the person possessing or using the substance;

f. Failed to remove from such premises any person who appears to be under the influence of, or affected by the use of, alcohol or any controlled substance, or whose conduct poses a danger to the safety of others present;

g. Allowed or permitted a crime involving prostitution, lewd conduct, or assault on any person to occur in or upon the public dance hall premises;

h. Permitted the possession of any weapon in or upon the public dance hall premises;

i. Violated any condition placed upon a license issued pursuant to this chapter;

j. Violated any other applicable law or ordinance, which the chief law enforcement officer or his designee finds constitutes an unreasonable interference with surrounding land uses or is otherwise unreasonably detrimental to the public welfare; or

k. Allowed or permitted the licensee or any owner, officer or agent thereof to have committed any act which is a ground for denial of a license.

B. If the chief law enforcement officer finds that any of the prohibited conditions set forth in subsection A of this section exist and that the existence of such condition(s) constitutes a threat of immediate and serious injury to persons or damage to property, the chief law enforcement officer may immediately suspend any license issued pursuant to this chapter. In the case of prohibited conditions which may be eliminated by the licensee, the chief law enforcement officer shall provide the licensee at least twenty-four hours’ prior notice of the condition and an opportunity to remedy the condition before suspending any license issued under this chapter. If the chief law enforcement officer suspends a license pursuant to this subsection, the licensee shall be entitled to appeal a decision of the chief law enforcement officer to the city administrator. Any notice of immediate suspension of license given pursuant to this subsection shall include a statement of the condition(s) found to exist that constitutes a threat of immediate and serious injury to persons or damage to property, and shall also inform the applicant of his or her right to appeal to the city administrator. Any appeal to the city administrator shall be in accordance with the provisions of Section 5.41.070.

C. Except as provided in subsection B of this section, any notice to suspend or revoke issued by the chief law enforcement officer shall include notices of the right of the applicant to appeal the chief law enforcement officer’s decision to the city administrator in accordance with the provisions of Section 5.41.070. Any such notice of the chief law enforcement officer shall be effective upon the failure of the licensee to timely file a notice of appeal with the city administrator or on the date of the appeal hearing decision of the city administrator. (Ord. 1287 § 5, 2004; Ord. 1192 § 1 (part), 2000).

5.41.070 Appeal from denial, revocation, suspension or conditions.

In the event a license under this chapter is denied, conditioned, suspended or revoked, the applicant or licensee may appeal the decision under the uniform code enforcement, Chapter 2.80. (Ord. 1501 § 9 (Exh. F), 2015: Ord. 1287 § 5, 2004; Ord. 1192 § 1 (part), 2000).

5.41.080 Security.

A. It shall be the obligation of every person licensed under this chapter to insure that an adequate number of qualified security personnel are employed and present at a public dance, during and following each public dance, as is necessary to maintain order and insure compliance with the laws of the state of Washington and ordinances of the city of Chelan.

B. The chief law enforcement officer will review the security provisions of the establishment and recommend the required number of qualified security personnel and may, at his or her discretion, require the augmentation of security personnel to include hiring off-duty police officers. (Ord. 1287 § 5, 2004; Ord. 1192 § 1 (part), 2000).

5.41.090 Litter control – Security for cleanup.

A. Prior to issuance of any public dance license, other than for an annual license for a fixed business premises, a cash security deposit in an amount established from time to time by resolution of the city council shall be submitted to the city administrator as security for cleanup of all litter resulting from any public dance authorized by the license. In the event the licensee fails to clean up all litter on any public or private property which results from any public dance conducted by the licensee within twenty-four hours of the end of the public dance, the city may cause such litter to be cleaned up and pay the costs of the cleanup out of the security funds. Litter resulting from the public dance shall be limited to that occurring within a one block radius of the location of the dance unless clearly identified to the public dance. In the event the cost of the cleanup exceeds the amount of funds on deposit, the licensee shall reimburse the city for all such excess costs.

B. Upon termination of all activities authorized by a public dance license and cleanup of all litter resulting from such activity, the remainder of all funds deposited as security for litter cleanup shall be refunded to the licensee, without interest.

C. Any cleanup not performed by an annual licensee within twenty-four hours of the end of any dance may be cleaned up by the city and the costs of the cleanup shall be reimbursed to the city by the annual licensee. (Ord. 1192 § 1 (part), 2000).

5.41.100 Loitering on premises prohibited.

It shall be the obligation of each person issued a license under this chapter to prevent loitering of persons on the premises of the public dance hall, including parking lot and driveway areas used by patrons of the public dance hall. “Loitering” shall not include walking between the entrance to the public dance and parked vehicles when entering or leaving the public dance, nor shall it include the act of waiting in line to gain admission to the dance. (Ord. 1192 § 1 (part), 2000).

5.41.110 Age restrictions.

A. A person conducting a public teen dance shall permit only persons under twenty-one years of age to enter or remain in the public dance hall, except for parents, legal guardians, adult family members, or adult guardians that may be present or as otherwise specifically outlined within the public teen dance permit.

B. No person conducting a public dance or public teen dance or maintaining a public dance hall shall allow persons under the age of thirteen years to enter or remain in the public dance hall without a parent or legal guardian present.

C. It is the responsibility of the person(s) conducting and/or operating a public dance to require identification showing the age and photograph of each person admitted, such as but not limited to a valid Washington State driver’s license or photo identification card.

D. Every person who knowingly or recklessly allows a person to enter or remain in violation of this section shall be guilty of a misdemeanor, punishable as prescribed in Section 1.24.010 as the same exists now or may hereafter be amended.

E. Any person who affirmatively misrepresents his or her age to obtain admission to or permission to remain in any public dance in violation of this section shall be guilty of a misdemeanor, punishable as prescribed in Section 1.24.010 as the same exists now or may hereafter be amended. (Ord. 1192 § 1 (part), 2000).

5.41.120 Hours of operation.

A. No public dance or public dance hall shall be conducted, operated, or otherwise open to the public past the hour of one a.m., and shall not open before eight a.m.

B. No public teen dance or public teen dance hall shall be conducted, operated, or otherwise open to the public past the hour of eleven p.m. on any school night, nor past the hour of one a.m. on any other day, and shall not open before eight a.m. For the purpose of this section, the term “school night” means any night preceding a day upon which public schools within the city of Chelan are scheduled to operate as of the time of commencement of the public dance. (Ord. 1192 § 1 (part), 2000).

5.41.130 Public dance – Readmission fee.

No person conducting or operating a public dance or public dance hall shall permit any person attending the public dance to leave the public dance or public dance hall and return unless that person pays a readmission fee equal to the original price of admission. (Ord. 1192 § 1 (part), 2000).

5.41.140 Access – By police and fire officers.

All police officers of the city of Chelan and the fire chief of Chelan County Fire District No. 7 or his or her designees shall have free access to public dances and public dance halls when a public dance is being conducted, for the purpose of inspection and to enforce compliance with the provisions of this chapter and other applicable city, county and state health, zoning, building, fire, and safety ordinances and laws. (Ord. 1192 § 1 (part), 2000).

5.41.150 License limited to licensee and location.

Any license issued pursuant to the provisions of this chapter shall apply to a single licensee and to a single location only and shall not be transferable to other persons or to other locations. (Ord. 1192 § 1 (part), 2000).

5.41.160 Alcohol.

A. Public Dance. Alcohol may be served at a public dance only by fulfilling the licensing requirements set forth by the Washington State Liquor Control Board and outlined in RCW Title 66, as the same exist now or may hereafter be amended.

B. Public Teen Dance. No alcohol may be served at a public teen dance. (Ord. 1192 § 1 (part), 2000).

5.41.170 Limitation of liability.

The city of Chelan and its officers, agents and employees are not responsible or liable for the actions of any public dance licensee or incidents resulting from the granting of any public dance license pursuant to this chapter. (Ord. 1192 § 1 (part), 2000).