Chapter 5.16
DANCE AND DANCEHALLS*

Sections:

5.16.010    Definitions.

5.16.020    Applicability of provisions.

5.16.030    License--Required.

5.16.040    License--Fee--Exceptions--Nonassignable and nontransferable.

5.16.050    License--Application--Contents.

5.16.060    License--Application--Presentation to city council.

5.16.070    License--Application--Criteria for council approval.

5.16.080    License--Issuance--Term.

5.16.090    License--Revocation--Grounds.

5.16.100    License--Revocation--Written charges--Notice--Hearings.

5.16.110    License--Revocation--One-year waiting period for reapplication.

5.16.120    License--Suspension--Pending hearing for or in lieu of revocation.

5.16.130    License--Revocation or suspension to be by majority vote of council.

5.16.140    License--Suspension--Restrictions on reissuance or reinstatement.

5.16.150    Clean, open, well lighted premises required.

5.16.160    Operating hours restricted.

5.16.170    Entrances and sidewalks to be lighted.

5.16.180    Intoxicated, boisterous or disorderly persons--Improper dancing and familiar or suggestive conduct.

5.16.190    Intoxicating beverage restrictions.

5.16.200    Suggestive dancing prohibited.

5.16.210    Violation declared misdemeanor.

*    For statutory provisions concerning dancing and dance-halls, see RCW Ch. 67.12.

5.16.010 Definitions.

For purposes of this chapter, the following definitions shall apply:

A.    "Public dance" means any dance, ball, or dancing to which the public generally may gain admission, with or without the payment of a fee.

B.    "Public dancehall" means any room or rooms, place or premises in or on which a public dance, as defined in subsection A of this section, is held. (Ord. 396 §7, 1957: Ord. 220 §15, 1921).

5.16.020 Applicability of provisions.

The provisions of this chapter shall apply to any public dancehall which has been heretofore or which may hereafter be opened, conducted or maintained in the city. (Ord. 220 §18, 1921).

5.16.030 License--Required.

It is unlawful for any person, club, society, firm or corporation, or other organization, to open, conduct or maintain any public dance or dancehall in the city without first securing a license therefor from the city as provided in this chapter. (Ord. 220 §1, 1921).

5.16.040 License--Fee--Exceptions--Nonassignable and nontransferable.

A.    The license fee shall be fifty dollars for each six-month period or portion thereof, and no license fee shall be refunded after a license has been issued; provided that no license or fee shall be required for any private dance club where the general public is not invited and attendance is limited to members and invited guests; for any school dance or church dance; for occasional dances conducted by or for any charitable institution or organization; or for occasional dances, not exceeding two during a six-month licensing period, conducted by any fraternal order, where a license would otherwise be required by the terms of this chapter.

B.    Such licenses are nonassignable and nontransferable. (Ord. 396 §2, 1957: Ord. 220 §4, 1921).

5.16.050 License--Application--Contents.

Application for a license for a public dance or for a public dancehall shall be made in writing to the city clerk-treasurer. The application shall state the location of the place or of the room or rooms to be occupied and used, the floor space to be used for dancing, the toilet conveniences, and the provisions for ventilation and for furnishing drinking water. (Ord. 220 §2(part), 1921).

5.16.060 License--Application--Presentation to city council.

The city clerk-treasurer shall present the application to the city council at its next regular meeting, or at any special meeting called for that purpose, and the council shall, after due investigation, direct or refuse the issuance of the license. (Ord. 220 §2(part), 1921).

5.16.070 License--Application--Criteria for council approval.

The city council shall not issue any such license unless it is made to appear and shall appear to the satisfaction of the council that the room, rooms, or place to be used, are properly ventilated, provided with suitable toilet facilities and with a sanitary drinking fountain, and that they are safe, suitable and sanitary, and conform with the laws of the state and the ordinances of the city relative to public health, safety and sanitation. (Ord. 220 §2(part), 1921).

5.16.080 License--Issuance--Term.

After a motion passed by the council authorizing issuance of a license, and the fee therefor having been paid, the city clerk-treasurer shall issue such license for a period not longer than six months, to expire on the next succeeding June 30th or December 31st. (Ord. 396 §1, 1957: Ord. 220 §3, 1921).

5.16.090 License--Revocation--Grounds.

The license of any public dancehall may be revoked by the city council for disorderly or immoral conduct on the premises, or for the violation of any of the provisions of this chapter. (Ord. 220 §13, 1921).

5.16.100 License--Revocation--Written charges--Notice--Hearing.

A license shall not be revoked unless written charges are filed with the council setting forth with reasonable certainty the charges against the licensee and the nature thereof. Upon the filing of such charges, the council shall fix a time and place for the hearing of the charges, and a copy of the charges as filed, together with a notice of the time and place of the hearing of such charges, shall be served upon the licensee at least five days prior to the date fixed by the council for the hearing. Such notice and charges may be served by delivering a copy personally to the licensee, by leaving a copy with some person of suitable age and discretion person may be found at the place of business of the licensee, by leaving the notice in a conspicuous place on the premises and mailing a copy to the licensee at his place of business as specified in the application of such licensee. At the hearing on the charges, the licensee shall have the right to appear and defend the charges and to be represented by counsel. (Ord. 220 §14, 1921).

5.16.110 License--Revocation--One-year waiting period for reapplication.

No license shall be applied for by, or issued to, any licensee, either directly or indirectly, for a period of one year following the date of any revocation. (Ord. 396 §6(part), 1957: Ord. 220 §14-A(part), 1921).

5.16.120 License--Suspension--Pending hearing for or in lieu of revocation.

The council may suspend any license temporarily pending hearing of charges for revocation, and, after such hearing, may suspend such license for a period not exceeding six months in lieu of revoking the license. (Ord. 396 §6(part), 1957: Ord. 220 §14-A(part), 1921).

5.16.130 License--Revocation or suspension to be by majority vote of council.

Revocation or suspension shall be by majority vote of the councilmen present at the council meeting or at the hearing on revocation charges. (Ord. 396 §6(part), 1957: Ord. 220 §14-A(part), 1921).

5.16.140 License--Suspension--Restrictions on reissuance or reinstatement.

No new license shall be applied for by, or issued to, any licensee, either directly or indirectly, during the period of any suspension. No suspended license shall be valid beyond the period for which it was issued and no suspended license shall be reinstated except by application to the city council unless it has been provided by the council at the time of suspension that reinstatement shall be automatic. The council shall not reinstate any license until satisfied that the terms of suspension have been complied with and that the licensee has taken steps to see that further violations do not occur; nor shall a new license be issued for the premises for which a license has been suspended during the term of such suspension. (Ord. 396 §6(part), 1957: Ord. 220 §14-A(part), 1921).

5.16.150 Clean, open, well lighted premises required.

Every public dancehall or public dancing place shall be kept at all times in a clean, sanitary condition. All stairways, halls, passages and rooms connected with such dancehalls shall be kept open and well lighted during the continuance of dances. (Ord. 220 §5, 1921).

5.16.160 Operating hours restricted.

It is unlawful to conduct or permit any dance or dancehall to operate as such, or to dance therein, on the first day of the week, known as Sunday, between the hours of one a.m. and the following midnight, or between the hours of one a.m. and the following ten a.m. on any other day; provided that dances and dancehalls may be conducted and operated between the hours of midnight and the following two a.m. on any day when, during such hours, taverns in the city are lawfully authorized to sell intoxicating or alcoholic beverages under the laws of the state and the regulations of the state Liquor Control Board. (Ord. 396 §3, 1957: Ord. 220 §6, 1921).

5.16.170 Entrances and sidewalks to be lighted.

Every public dancehall or dancing place shall keep and maintain in front of each entrance a light of sufficient candlepower to properly light the entrance and the sidewalk in front of such entrance. The light shall not be turned off until all persons present have left the dancehall and the sidewalk in front thereof. (Ord. 220 §7, 1921).

5.16.180 Intoxicated, boisterous or disorderly persons--Improper dancing and familiar or suggestive conduct.

No person, club, society, corporation, firm or associations maintaining, conducting or carrying on any public dancehall or public dancing place, or having charge or control thereof, shall allow or permit any person under the influence of intoxicating liquor, or any boisterous or disorderly person, to enter, be or remain in, or to dance in any such public dance-hall or dancing place. It shall be the duty of all who have the control of any public dance to eject all persons who dance improperly or who engage in any undue familiarity or suggestive conduct during the dance or dances. (Ord. 220 §9, 1921).

5.16.190 Intoxicating beverage restrictions.

It is unlawful to sell or dispense, or permit to be sold or dispensed, at any public dance or in rooms used in connection therewith any intoxicating or alcoholic beverage except pursuant to a current valid license issued by the state Liquor Control Board and in conformity with the regulations of said board and the laws of the state. It is unlawful to possess, consume, or furnish to others, or to permit such possession, consumption or furnishing, any intoxicating or alcoholic beverage at any public dance or in rooms used in connection therewith, except pursuant to such state license and in conformity with the regulations of the state Liquor Control Board and the laws of the state. (Ord. 396 §5, 1957: Ord. 220 §10, 1921).

5.16.200 Suggestive dancing prohibited.

Dancing of a suggestive, questionable, objectionable or immoral character is hereby prohibited at any public dance or in any public dancehall or dancing place within the city. (Ord. 220 §12,

5.16.210 Violation declared misdemeanor.

Violation of any provision of this chapter shall be a misdemeanor. (Ord. 396 §8, 1957).