Chapter 12.30
PUBLIC DANCES AND DANCE HALLS1
Sections:
Article I. Generally
12.30.040 Security personnel required.
12.30.050 Litter control – Security deposit.
12.30.070 Admission restrictions.
12.30.110 Access by police and fire officers.
Article II. License
12.30.130 Exceptions – Fee waiver.
12.30.150 Police investigation.
12.30.170 Criteria for approval – Reapplications.
12.30.210 Public assembly permit required.
Article I. Generally
12.30.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.
“Dance hall” means any place or premises where a public dance is conducted, and any and all areas attached to or adjacent to such premises including but not limited to all hallways, bathrooms, designated parking areas and all adjoining nonpublic areas accessible to the public or any patron during the dance.
“Designated parking area” means that area specifically described in an applicant’s license application to be used by dance hall patrons, which shall include the minimum number of parking stalls required by FWRC Title 19, Zoning and Development Code.
“Law enforcement training” means either:
(1) Prior commissioned law enforcement experience from any jurisdiction occurring within five years of the date of application; or
(2) Minimum security qualifications as follows:
(a) Security guard. In order to qualify as a security guard, a person must:
(i) Be 18 years of age or older;
(ii) Submit a set of fingerprints;
(iii) Have no criminal history in violation of FWRC 12.30.230(2) and (3); and
(iv) Proof of satisfactory completion of training as required for security guard state license (RCW 18.170.010 et seq.).
(b) Armed security guard. In order to qualify as an armed security guard, a person must:
(i) Meet all of the requirements of a security guard; and
(ii) Present proof of successful completion of a firearms training course of a minimum of eight hours of classes and proficiency training provided by an organization or trainer approved by the state Criminal Justice Training Commission pursuant to Chapters 18.170 and 43.101 RCW.
“Licensee” means any person licensed to operate a public dance at a dance hall.
“Public dance” means any dance that is open to the public and which:
(1) Is conducted for a direct or indirect profit; or
(2) Requires a monetary payment or contribution from the persons admitted.
“Public dance” does not include a banquet, party, or celebration conducted for invited guests which is not open to the public and for which no fee or membership contribution is required; or any dance held by a licensed liquor establishment, or at any location where alcoholic beverages are legally served, sold, dispensed or permitted on the premises.
(Ord. No. 09-600, § 9, 1-6-09; Ord. No. 92-132, § 1(9.36), 4-14-92. Code 2001 § 9-421.)
12.30.040 Security personnel required.
(1) The licensee shall be responsible to ensure that an adequate number of qualified security personnel are employed and in attendance before, during, and following each public dance as is necessary in order to maintain order and ensure compliance with all applicable federal, state and city laws and ordinances.
(a) A minimum of four security persons shall be required for up to the first 50 persons in attendance, of which two security persons shall be located inside the dance hall premises, one security person shall be located in the parking area and one security person shall be located in the admission or waiting area.
(b) In addition to the minimum four security persons, one additional security person for each additional 50 persons in attendance shall be required.
(2) The security personnel for the dance hall shall include a minimum of two persons trained as law enforcement personnel and at no time shall fewer than 25 percent of the security personnel have training as law enforcement personnel. Those security personnel not having law enforcement training must have received formal training in crowd control by an agency not associated with the licensee.
(3) All security persons shall be required to be uniformed while on duty.
(Ord. No. 92-132, § 1(9.42), 4-14-92. Code 2001 § 9-424.)
12.30.050 Litter control – Security deposit.
(1) A licensee shall submit to the city clerk a cash deposit or post a bond in the amount of $1,000, as security for the removal of all litter resulting form any public dance authorized by the license. In the event the licensee fails to remove all litter on any public or private property which results from any public dance conducted by the licensee within 24 hours of the end of the public dance, the city may cause such litter to be removed and pay the costs of the removal from the security funds. Litter resulting from the public dance shall be limited to that occurring within a 25-foot radius of the location of the dance hall. In the event the cost of any litter removal exceeds the amount of funds on deposit, the licensee shall pay such excess costs.
(2) If funds are expended out of a security deposit required by this section, the licensee shall, within five days of receipt of written notice of such expenditure, submit the amount necessary to replenish the security fund to the amount of the full security deposit. No renewal license shall be issued unless the full amount of the security deposit for litter removal is on deposit with city at the time of the application for renewal. If funds sufficient to replenish the fund are not received within five days of receipt of written notice from the city, the dance hall license shall be suspended until sufficient funds are received.
(3) If the security funds for litter removal are fully expended within any one-week period, or if the funds fall below $100.00 twice in any quarter or five times in any year, the city clerk shall require an additional cash deposit of $200.00.
(4) Upon termination of all activities authorized by a public dance license and removal of all litter resulting from such activity, the remainder of all security funds shall be refunded to the licensee, without interest.
(Ord. No. 92-132, § 1(9.43), 4-14-92. Code 2001 § 9-425.)
12.30.060 Waiting areas.
(1) Any dance hall shall provide an area, which area is not part of the public right-of-way or sidewalks, where patrons may wait for admission to the dance hall. This area shall be clearly marked. The design of the waiting area should ensure that required exits are not blocked or obstructed by waiting patrons.
(2) The number of persons permitted in this area shall be limited to a number of persons reasonably likely to obtain admission to the dance hall within 30 minutes considering the normal rate of turnover of patrons within the dance hall. At no time shall the number of patrons waiting exceed the permitted occupancy load of the dance hall as established by the building code and fire marshal.
(3) The dance hall operator shall provide security personnel to control the waiting area one hour before opening and one hour after closing, if patrons are present, and throughout the hours of operation. The security personnel shall use their best efforts to prevent persons seeking admission but not permitted in the waiting area from congregating on the public right-of-way and sidewalks, and the security personnel shall require such persons to leave the dance hall premises.
(Ord. No. 92-132, § 1(9.44(A)), 4-14-92. Code 2001 § 9-426.)
12.30.070 Admission restrictions.
(1) All persons admitted to the dance hall shall be admitted through a single entrance so that the occupancy load can be monitored.
(2) The licensee and management of any dance hall shall prohibit any person under the influence of intoxicants or drugs from entering the dance hall and shall expel any person under such condition if found within the premises.
(Ord. No. 92-132, § 1(9.44(B), (C)), 4-14-92. Code 2001 § 9-427.)
12.30.080 Age restrictions.
(1) No person conducting a public dance or maintaining a public dance hall shall knowingly allow persons under the age of 16 years to enter or remain in the dance hall without a parent or legal guardian present; provided, that the presence of a parent or legal guardian shall not be required if the dance hall or specific public dance is limited to persons 17 years of age or younger. In such case, no persons 18 years of age or older shall knowingly be allowed to enter or remain on the premises with the exception of parents or guardians of the patrons, employees of the dance hall or entertainers hired by the dance hall to perform.
(2) It is the sole responsibility of the licensee and any other person conducting and/or operating a public dance to require identification showing the age of each person admitted. A valid driver’s license or photo identification card issued by a state department of licensing or school picture identification card bearing the current year’s date shall be the only acceptable forms of proof of age.
(3) Every person who knowingly or recklessly allows a person to enter or remain in violation of this section shall be guilty of a misdemeanor.
(4) 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.
(Ord. No. 92-132, § 1(9.46), 4-14-92. Code 2001 § 9-428.)
12.30.090 Hours of operation.
No public dance shall be operated past the hour of 1:00 a.m.
(Ord. No. 92-132, § 1(9.47), 4-14-92. Code 2001 § 9-429.)
12.30.100 Readmission fee.
No person conducting or operating a public dance or dance hall shall permit any person, other than an employee, to leave the public dance or dance hall or secured area adjacent to the dance and return unless that person pays a readmission fee equal to the original price of admission.
(Ord. No. 92-132, § 1(9.48), 4-14-92. Code 2001 § 9-430.)
12.30.110 Access by police and fire officers.
All police and fire officers shall have free access to public dances and dance halls when a 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. No. 92-132, § 1(9.49), 4-14-92. Code 2001 § 9-431.)
Article II. License
12.30.120 Required – Fee.
It is unlawful for any person to conduct a public dance within the city without first having obtained and being the holder of a valid and subsisting license for such activity. The person desiring to conduct a public dance shall be responsible for obtaining a license, and paying the annual fee charged pursuant to the city fee schedule on file with the city clerk.
(Ord. No. 92-132, § 1(9.37(A)), 4-14-92. Code 2001 § 9-451.)
12.30.130 Exceptions – Fee waiver.
(1) A license is not required under this article if the dance is conducted by the city or by a public and/or private school licensed by the state.
(2) A license shall be required for all nonprofit tax exempt organizations, corporations or associations recognized by the United States of America as exempt from federal income taxation pursuant to Section 501(c)(1) or (3) of the Internal Revenue Code of 1954, 26 USC 501, as now existing or hereafter amended; provided, however, that such nonprofit organizations, corporations or associations shall not be obligated to pay any application, license, processing or other fee pursuant to this article and shall not be required to provide a cash deposit or post a bond as security for litter removal pursuant to FWRC 12.30.050; provided, further, however, that if such nonprofit organization fails to remove all litter on any public or private property resulting from any public dance within 24 hours of the end of the public dance, a cash deposit or bond shall be required pursuant to FWRC 12.30.050.
(Ord. No. 92-132, § 1(9.38), 4-14-92. Code 2001 § 9-452.)
12.30.140 Application.
(1) Applications for any license or renewal of any license pursuant to this chapter shall be submitted in writing on forms provided by the city clerk at least 30 days prior to the first dance or, in the case of renewals, at least 30 days prior to the expiration date of the existing license. Applications submitted less than 30 days prior to an event may be charged a processing fee in addition to the regular fee.
(2) In addition to other information requested, applications shall contain the names and addresses of the officers, directors or partners thereof, the address and description of the premises to be licensed, including the designated parking area, the time and date of the dance or dances to be held in the case of a limited license and a general schedule of dances in the case of all other dance hall licenses, a list of any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions, including the dates of conviction, nature of the crime, name and location of court, and disposition for the applicant; any officers, directors, or partners; and all employers, employees or any other person involved in the operation of the dance hall, and the names of persons employed as security persons, together with proof that the requirements for their security training have been met.
(3) The city clerk must be notified within 10 days of any changes in the information required in this section.
(Ord. No. 09-599, § 80, 1-6-09; Ord. No. 92-132, § 1(9.39(A)), 4-14-92. Code 2001 § 9-453.)
12.30.150 Police investigation.
All applications for a license under this article shall be referred to the police chief who shall conduct an investigation as to the truth of the statements contained therein and investigate all other matters pertaining to the criteria for license approval set forth in this article. The police chief shall confer with the city clerk as to 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.
(Ord. No. 92-132, § 1(9.39(B)), 4-14-92. Code 2001 § 9-454.)
12.30.160 Fire inspection.
Upon notification of the application for a license under this article, the fire prevention division of the fire department will perform an inspection to ensure the dance hall premises meets all applicable fire codes. The fire department shall confer with the city clerk as to the results of the inspection.
(Ord. No. 92-132, § 1(9.39(C)), 4-14-92. Code 2001 § 9-455.)
12.30.170 Criteria for approval – Reapplications.
(1) The city clerk shall grant a license under this article unless he or she finds that one or more of the following conditions exist:
(a) The building, structure, equipment or location of the dance hall does not comply with the requirements or fails to meet the standards of the health, zoning, building, fire safety or other applicable laws and ordinances of the state, county and the city, or the requirements of this chapter.
(b) The location of the dance hall constitutes an unreasonable or inappropriate interference with surrounding land uses or is otherwise unreasonably detrimental to the public welfare.
(c) The applicant or any of the applicant’s employers, officers, directors, partners, operators, employees or any other person involved in the operation or business of the public dance or dance hall has been convicted within the last five years of:
(i) A felony involving a crime of violence, as defined in RCW 9.41.010(2), or any felony under Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW; or
(ii) A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct or assault on a juvenile.
(d) The applicant or any of the applicant’s employers, officers, directors, partners, operators, employees or any other person involved in the operation or business of the dance or dance hall has committed any act which, if committed by a licensee, would be grounds for the suspension or revocation of a license pursuant to this title.
(2) Any applicant denied a license may reapply and be granted a license if the applicant can show that the basis for such denial no longer exists, or may appeal such denial pursuant to this title.
(3) Applications for renewal of a license issued under this article shall be processed and considered according to the criteria for the initial issuance of the license.
(Ord. No. 92-132, § 1(9.40), 4-14-92. Code 2001 § 9-456.)
12.30.190 Duration – Renewal.
(1) The entire annual license fee required under this article shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be obtained and paid in full by January 1st of each calendar year.
(2) If any renewal license application is not filed and/or license fee paid on or before January 31st of each calendar year, there shall be assessed and collected by the city clerk an additional late fee pursuant to the fee schedule on file with the city clerk.
(3) Failure to obtain a license renewal and to pay all required fees on or before January 31st of each calendar year shall result in suspension and/or revocation of the license, until such time as all required license renewal applications have been submitted and all fees have been paid.
(Ord. No. 09-599, § 82, 1-6-09; Ord. No. 92-132, § 1(9.37(B) – (D)), 4-14-92. Code 2001 § 9-458.)
12.30.210 Public assembly permit required.
All dance halls are required to have a public assembly permit as defined by the Uniform Fire Code, in addition to the license required by this article.
(Ord. No. 92-132, § 1(9.37(E)), 4-14-92. Code 2001 § 9-460.)
12.30.220 Single events.
A limited license for a single event may be issued under this article by the city clerk and licensee shall pay a single event fee pursuant to the city fee schedule. No more than three limited licenses in any calendar month or more than six limited licenses in any calendar year will be issued by the city clerk unless the full annual license fee has been paid.
(Ord. No. 92-132, § 1(9.37(A)), 4-14-92. Code 2001 § 9-461.)
12.30.230 Requirements.
(1) The building, structure, equipment or location of the dance hall must comply with the requirements or standards of the applicable health, zoning, building, fire and safety codes, laws and ordinances of the state, county and the city, and the requirements of this chapter;
(2) The applicant or any of the applicant’s officers, directors, partners, operators or employees, or any other person involved in the operation of the public dance or dance hall, may not have been convicted within the last five years of:
(a) A felony involving a crime of violence, as defined in RCW 9.41.010(2), or any felony under Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW;
(b) A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct or assault on a juvenile;
(3) The licensee or his or her employee, agent, partner, employer, director, officer or manager may not knowingly allow or permit:
(a) A felony involving a crime of violence, as defined in RCW 9.41.010(2), or any felony under Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW, to occur in or upon the dance hall premises;
(b) A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct or assault on a juvenile to occur in or upon the dance hall premises;
(c) Any unlawful act of sexual intercourse, sodomy, oral copulation, indecent exposure or masturbation to be committed in or upon the dance hall premises;
(d) The dance shall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur;
(e) The possession or consumption of liquor by persons under the age of 21 years in or upon dance hall premises;
(f) The giving or supplying of liquor to any person under the age of 21 years;
(g) The use by any person in or upon the dance hall premises of marijuana, cocaine or any other controlled substance, as defined in RCW 69.50.101(d), not prescribed by a licensed physician for use by the person possessing or using the substance;
(h) Violation of any provision of this chapter, or of any other applicable law or ordinance, which the committee finds constitutes an unreasonable interference with surrounding land uses or is otherwise unreasonably detrimental to the public welfare;
(i) Failure to timely file and pay any admissions tax, business registration, license or other fee owing the city; or
(j) Allowing any person under the influence of intoxicants or drugs onto or to remain on the dance hall premises;
(4) Sound from the dance may not be audible from a distance greater than 50 feet away from the dance hall.
(Ord. No. 09-599, § 84, 1-6-09; Ord. No. 92-132, § 1(9.45), 4-14-92. Code 2001 § 9-462.)
Cross reference: Penalty, FWRC 7.05.080.