Chapter 5.20
PUBLIC DANCES AND DANCE HALLS
Sections:
5.20.020 Dance or dance hall license—Required—Exceptions.
5.20.030 License—Application requirements.
5.20.040 License—Term and fee.
5.20.050 License—Limited to licensee and location.
5.20.060 License—Denial of application.
5.20.080 Hours of operation—Age restrictions—Penalty.
5.20.100 Access—Peace officer—Director.
5.20.110 License—Suspension or revocation—Grounds.
5.20.010 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 readily accessible to the public which:
1. Is held and conducted for a profit, direct or indirect; or
2. Requires a monetary payment or contribution from any of 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. Except where stated otherwise, a public dance includes a “public teen dance” which is defined as any public dance that is open to persons under the age of twenty-one years.
B. “Public dance hall” means any place or premises where a public dance is conducted, operated or maintained including but not limited to all parking areas, hallways, bathrooms and all adjoining areas on the premises accessible to the public during the dance. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3023 § 1, 1985)
5.20.020 Dance or dance hall license—Required—Exceptions.
A. No person, firm or corporation shall conduct or operate a public dance or public dance hall without a public dance license in accordance with the provisions of this chapter. The license required under this chapter is in addition to any city business registration or license that may be required under Chapter 5.02.
B. Exceptions.
1. A license is not required if the public dance is sponsored by an accredited educational institution.
2. A license is not required if the public dance is sponsored by a nonprofit tax exempt organization, corporation or association 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 U.S.C. Section 501 as now existing or hereafter amended.
3. If the public dance hall is managed or operated by the city the license requirements of this chapter may be waived by the city council. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3023 § 2, 1985)
5.20.030 License—Application requirements.
A. Application for licenses under this chapter shall be in writing on forms provided by the city and filed with the finance director or designee, accompanied by a receipt showing payment of the license fee. The application shall provide the following information:
1. The name and address of the applicant;
2. The name and address of the operator of the dance hall;
3. The name and address of the owner of the premises upon which the dance hall is located;
4. A statement of any and all measures used to ensure that adequate traffic control and crowd protection, both within and without the premises, will be maintained;
5. A statement from the applicant that the premises are in compliance with all city laws including, but not limited to, building, zoning, planning and fire codes;
6. Such other information as the city may require and is relevant to the furtherance of the provisions contained in this chapter.
B. Applications shall be submitted at least fourteen days prior to the first dance. Subject to available resources, the city may process an application submitted less than fourteen days before the dance.
C. Upon receipt of such application, the same shall be transmitted to the chief of police for a full investigation as to the truth of the statements contained therein and any other investigation permitted under this chapter. After the chief of police has conducted the investigation, he/she will report to the finance director, either approving or denying the application. In the event the chief of police denies the application, the denial shall state the reasons therefor. The finance director or designee shall either issue or deny the dance license depending on the determination of the chief of police. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3023 § 3, 1985)
5.20.040 License—Term and fee.
A. A license may be issued for specific dates of a single dance or for a period of one year.
B. The license fee for either a one-time or annual license shall be in an amount set by resolution of the city council.
C. No more than three single dance licenses may be issued within any thirty-day period to any one person, or to anyone acting on their behalf or to any applicant desiring to hold a public dance at any place where more than three single dance licenses have been issued within the last thirty days without the applicant first securing an annual public dance license. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3023 § 11, 1985)
5.20.050 License—Limited to licensee and location.
Any license issued under the provisions of this chapter shall apply to a single licensee and to a single location only and shall not be transferable to other locations or to other persons. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3023 § 10, 1985)
5.20.060 License—Denial of application.
The finance director or designee shall deny a license if:
A. The applicant has failed to comply with all state, county and city laws which shall include, but are not limited to, building, zoning, planning and fire codes;
B. The licensee or any of the licensee’s officers, directors, partners, operators or any other person involved in the operation of the dance hall has:
1. Committed any act, which, if committed by a licensee, would be grounds for the suspension or revocation of a license or permit;
2. Been convicted of:
a. A felony involving a crime of violence as defined in RCW 9.41.010 or any felony under Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW within the last five years,
b. Contributing to the dependency or delinquency of a minor,
c. A crime involving prostitution, lewd conduct or assault on a juvenile within the last five years;
C. The applicant has been refused a license or had a license revoked under the provisions of this chapter; provided, however, that any applicant denied a license may reapply if the basis for such denial no longer exists. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3023 § 4, 1985. Formerly 5.20.070)
5.20.070 Smoking prohibited.
It is unlawful for any person or persons to smoke or carry in his or her hand when dancing a lighted cigar, cigarette or pipe in any public dance at any time a dance is in progress. (Ord. 3898 § 3 (Exh. A), 2017)
5.20.080 Hours of operation—Age restrictions—Penalty.
A. No person conducting a public dance or person maintaining a public dance hall shall allow persons under the age of eighteen to enter or remain on the premises without a parent or legal guardian present.
B. No public dance shall be conducted or dance hall be kept open between the hours of 2:00 a.m. and 6:00 a.m.
C. It is the responsibility of the person conducting and/or operating a public dance to require identification showing the age of each person admitted.
D. No person under the age of eighteen years shall by affirmative misrepresentation of age obtain admission to or permission to remain in any public dance. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3183 § 1, 1992; Ord. 3023 § 6, 1985)
5.20.090 Admission fees.
No person conducting or operating a public dance or public dance hall shall permit any person, other than an employee, to leave the dance or dance hall and return unless that person pays a readmission fee equal to the original price of admission. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3023 § 7, 1985)
5.20.100 Access—Peace officer—Director.
All peace officers of the city 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. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3023 § 8, 1985)
5.20.110 License—Suspension or revocation—Grounds.
A. A license may be suspended or revoked upon a finding that any applicant or licensee, or any owner, officer or agent thereof:
1. Has omitted to disclose any material fact in the application for a license; or
2. Knowingly has made any false statement or given any false information in connection with an application for a license or a renewal of a license; or
3. Knowingly has failed to remove from the dance premises any person who appears to be under the influence or affected by the use of alcohol and/or drugs or whose conduct poses a physical danger to the safety of others present; or
4. The building, structure, equipment or location of the business or dance for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the state of Washington, Cowlitz County, and the city of Kelso, or the requirements of this chapter;
5. Violated any of the provisions of this chapter; or
6. Committed any act which is a ground for denial of a license.
B. A license may be suspended or revoked upon a finding that the licensee or his or her employees, officers, agents, or managers has knowingly allowed or permitted:
1. A felony involving a crime of violence (as defined in RCW 9.41.010 or any felony under Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW to occur in or upon the dance hall premises; or
2. Any act of or solicitation for sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the dance hall premises; or
3. The possession or consumption of liquor by persons under the age of twenty-one years; or
4. The giving or supplying of liquor to any person under the age of twenty-one years; or
5. The use by any person in or upon the dance hall premises of cocaine or any other controlled substance (as defined in RCW 69.50.101 as now exists or as hereafter amended) not prescribed by a licensed physician for use by the person possessing or using the substance; or
6. Has knowingly 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; or
7. A crime involving prostitution, lewd conduct, or assault on a juvenile to occur in or upon the teen dance hall premises; or
8. Violation of any condition placed upon a license issued pursuant to this chapter; or
9. Violation of any other applicable law or ordinance, which the police chief or his or her designee finds constitutes an unreasonable interference with surrounding land use or is otherwise unreasonably detrimental to the public welfare. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3023 § 5, 1985)
5.20.120 Indemnification.
In the event the public dance or public dance hall occurs on city property or is sponsored in any way by the city, the licensee shall be required to agree to indemnify the city in a form and manner acceptable to the city attorney as a condition of such license. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3823 § 1, 2014; Ord. 3023 § 12, 1985)
5.20.125 Licenses—Appeal.
Any person that is aggrieved by the denial of a public dance license or renewal thereof, or by the revocation of a public dance license, shall have the right to appeal such denial or revocation to the city’s hearing examiner. Such appeal shall be in writing filed with the finance director or designee within twenty days of the decision. (Ord. 3898 § 3 (Exh. A), 2017)
5.20.130 Violations—Penalty.
Any person or persons violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine not exceeding one thousand dollars or imprisonment for a period not to exceed ninety days, or by both such fine and imprisonment. Each day of violation of the provisions of this chapter shall be deemed to be a separate offense. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3023 § 13, 1985)