Chapter 5.12
PUBLIC DANCES AND DANCE HALLS*
Sections:
5.12.010 Definitions.
5.12.020 License required – Fee – Renewals.
5.12.030 License exemption and waiver of payment.
5.12.040 License application.
5.12.050 License criteria for approval – Reapplications.
5.12.060 Conditions upon issuance of license – Review of operations.
5.12.070 Appeal from denial or conditions.
5.12.080 Security personnel required.
5.12.090 Litter control – Security for cleanup.
5.12.100 Loitering on premises prohibited.
5.12.110 Area for waiting for admission entrance and security.
5.12.120 Revocation or suspension of license.
5.12.130 Age restrictions.
5.12.140 Hours of operation.
5.12.150 Readmission fee.
5.12.160 Access by police and fire officers.
5.12.170 License limited to licensee and location.
5.12.180 Applicability.
5.12.190 Violations.
*Cross reference(s) – Licenses for premises where dancing is permitted, § 5.02.070.
State law reference(s) – Dance hall regulations, RCW 35.23.440.
5.12.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Public dance means any dance that is open to the public and which is conducted for a profit, directly or indirectly; or 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, and for which no fee or membership contribution is required. Additionally, the term “public dance” does not include any dance held by a licensed liquor establishment or at any location wherein alcoholic beverages are legally served, sold, dispensed or permitted on the premises. It is the intent that such dances be governed by the appropriate provisions of RCW Title 66 and all other pertinent laws and regulations including but not limited to KCC 5.02.070.
Dance hall means any place or premises where a public dance is conducted, including but not limited to all hallways, bathrooms and all adjoining enclosed areas accessible to the public or any patron during the dance.
Police chief means the city police chief or his designee.
Fire chief means the city fire chief or his designee.
(Ord. No. 2839, § 1(5.35.010), 3-7-89)
Cross reference(s) – Definitions and rules of construction generally, § 1.01.030.
5.12.020 License required – Fee – Renewals.
A. 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, to be known as a public dance license. The annual fee for a public dance license is one hundred fifty dollars ($150). A limited license for a single event is twenty-five dollars ($25) per event day, but no more than three (3) limited licenses shall be obtained in any calendar month or more than six (6) limited licenses in any calendar year unless the full annual license has been paid.
B. The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made. The license fee shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30, 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 1 of each calendar year.
C. There shall be assessed and collected by the finance director an additional charge of fifty dollars ($50), on renewal applications not made when due, including payment of the required fee, on or before January 31 of each calendar year.
D. Failure to obtain license renewal and to pay all required fees by January 31 shall result in suspension and/or revocation of the license pursuant to KCC 5.12.120.
(Ord. No. 2839, § 1(5.35.020), 3-7-89)
5.12.030 License exemption and waiver of payment.
A. A license is not required under this chapter if the dance is conducted by the city or by a public and/or private school licensed by the state.
B. The police chief or his designee shall have the right to waive the requirement of payment of the license fee in the case of any dance open to the public which is conducted for a charitable purpose by a nonprofit, tax exempt organization, corporation or association recognized as exempt from federal income tax pursuant to the internal revenue code. Application for a fee waiver shall be made no less than thirty (30) days prior to the date of the dance for which a license is sought.
(Ord. No. 2839, § 1(5.35.030), 3-7-89)
5.12.040 License application.
A. Applications for any license pursuant to this chapter shall be submitted in writing to the finance director upon such forms as the police chief may prescribe at least thirty (30) days prior to the first dance. In addition to other information requested, application forms shall contain the name and place of residence of the applicant and owner, if different than applicant, the address and description of the premises to be licensed and the time and date of the dance or dances to be held. The finance director must be notified within ten (10) days of any changes in the information required in this section.
B. The applicant shall be required to maintain comprehensive liability insurance for the establishment with minimum coverage in the amount of one million dollars ($1,000,000). Certificate of insurance as evidence of coverage shall be provided to the city at time of application. Applicant shall provide to the city notification of any changes in such coverage within fifteen (15) days of any changes. This shall not apply to applicants for single events.
C. All applications 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 chapter. The chief of police shall confer with the finance director as to the results of such investigation, as well as his other findings as to whether the criteria for obtaining a public dance license have been met.
(Ord. No. 2839, § 1(5.35.040), 3-7-89)
5.12.050 License criteria for approval – Reapplications.
A. The finance director shall grant a license unless he finds that one (1) or more of the following conditions exist:
1. The building, structure, equipment or location of the business or dance for which license is sought does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire safety or other applicable laws and ordinances of the state, King County and the city or the requirements of this chapter;
2. 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 been convicted within the last five (5) years of:
a. A felony involving a crime of violence as defined in RCW 9.41.010(2) as it now exists or as hereafter amended or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW; or
b. A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct or assault on a juvenile.
B. 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 KCC 5.12.070.
C. Applications for renewal of a license issued under this chapter shall be processed and considered according to the criteria for initial issuance of the license.
(Ord. No. 2839, § 1(5.35.050), 3-7-89)
5.12.060 Conditions upon issuance of license – Review of operations.
A. At the time of granting a license or license renewal pursuant to this chapter, the finance director, when authorized by the code or state or federal law, rule or regulation may impose such conditions as necessary to adequately protect the public health, safety and general welfare.
B. The police chief shall review the operations of all public dance halls approximately six (6) months after commencement of business to determine whether additional or revised conditions are needed to protect the public welfare. The licensee shall be given notice of all proposed additional conditions and an opportunity to be heard concerning the conditions pursuant to KCC 5.12.070.
(Ord. No. 2839, § 1(5.35.060), 3-7-89)
5.12.070 Appeal from denial or conditions.
A. When the finance director refuses to grant or renew a license or grants or renews a license with conditions, the city shall notify the applicant in writing and shall inform the applicant of his right to a hearing before the land use hearing examiner by the applicant filing a written notice of appeal which contains a specific statement of the reasons for the appeal with the land use hearing examiner within ten (10) days of the date of the notice from the finance director.
B. If the applicant timely files a notice of appeal, the applicant shall be afforded a hearing before the hearing examiner at which time the applicant shall be afforded an opportunity to show that the conditions imposed are arbitrary and capricious or that the reasons for denial of the license do not justify the denial. After the hearing, the hearing examiner shall determine whether the applicant has shown reason to revise the conditions or to issue the license and shall issue its final findings of fact, conclusions of law and decision within ten (10) days of the date of the hearing. Any aggrieved party may appeal the hearing examiner’s decision by seeking, within fourteen (14) days of the date of the decision, a writ of review from the superior court.
(Ord. No. 2839, § 1(5.35.070), 3-7-89)
5.12.080 Security personnel required.
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 in attendance before, during and following each public dance as is necessary in order to maintain order and insure compliance with the laws of the state and ordinances of the city. A minimum of two (2) security persons shall be required for up to the first two hundred (200) persons in attendance; thereafter one (1) additional security person for each additional one hundred (100) persons in attendance shall be required.
B. If the police chief determines extra security is necessary because of past incidents at the dance hall which threaten public safety, health or welfare or threats or evidence of future incidents that threaten public safety, health or welfare, the police chief shall have the right to require that security personnel for the establishment include a minimum of two (2) persons trained as law enforcement personnel, which may include off-duty police officers approved by the police chief. Additionally, the police chief may require that at no time shall fewer than twenty-five (25) percent of the security personnel have training as law enforcement personnel or similar training as approved by the police chief. Those security personnel not having law enforcement training must have received formal training in crowd control by an agency not associated with the licensee as approved by the police chief. Decrease in hours of operation, and/or an increase in security personnel may also be required. Any decision of the police chief to require extra security personnel may be appealed to the hearing examiner in the manner described in KCC 5.12.070.
(Ord. No. 2839, § 1(5.35.080), 3-7-89)
5.12.090 Litter control – Security for cleanup.
A. Prior to issuance of any public dance license, a cash security deposit in the amount of two hundred dollars ($200) or bond in the amount of one thousand dollars ($1,000) shall be submitted to the finance director as security for the cleanup of all litter resulting from any public dance authorized by the license. If 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 (24) hours of the end of the dance, the city may cause such litter to be cleaned up and pay the costs of the clean up out of the security funds. Litter resulting from the public dance shall be limited to that occurring within a one (1) block radius of the location of the dance unless clearly identified with the dance. If the cost of the clean up exceeds the amount of funds on deposit, the licensee shall pay such excess costs.
B. In the event funds are expended out of a security deposit required by this section, the licensee shall, within five (5) 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 clean up is on deposit with the city at the time of the application for renewal. If funds sufficient to replenish the fund are not received within five (5) days of receipt of written notice, then the dance hall license shall be suspended until sufficient funds are received. Within the five (5) days of receipt of notice of deficiency, the dance hall licensee may inform the finance director in writing of circumstances justifying nonpayment of additional funds which information shall be considered by the finance director and the license shall not be suspended if the nonpayment is justified.
C. If the funds for security for cleanup are fully expended within any one (1) week period, or if the funds for cleanup fall below one hundred dollars ($100) twice in any quarter or five (5) times in any year, the finance director shall require an additional cash deposit of not less than two hundred dollars ($200) and not more than the greatest one (1) week expenditure for cleanup during the prior year.
D. Upon termination of all activities authorized by a public dance license and clean up of all litter resulting from such activity, the remainder of all funds deposited as security for litter clean up shall be refunded to the licensee, without interest.
(Ord. No. 2839, § 1(5.35.090), 3-7-89)
5.12.100 Loitering on premises prohibited.
It shall be the obligation of each person issued a license under this chapter to use best efforts to prevent loitering of all persons on the premises of the dance hall, including all parking lot and driveway areas used by patrons of the dance hall. Loitering shall not include walking between the entrance to the public dance and parked vehicles, nor shall it include the act of waiting in line to gain admission to the dance including both inside and outside the dance hall premises. The licensee shall use every best effort to cooperate with the police department for removal of loiterers by enforcement of criminal trespass charges against loiterers. Failure by the licensee to cooperate shall be grounds for possible revocation and/or suspension of license.
(Ord. No. 2839, § 1(5.35.100), 3-7-89)
5.12.110 Area for waiting for admission entrance and security.
A. A 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 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 thirty (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 fire code and fire marshal. The dance hall operator shall provide security personnel to control the waiting area one (1) hour before opening 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 property under control of the dance hall.
B. All persons admitted to the dance hall shall be admitted through a single entrance so that the occupancy load can be monitored.
C. 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. 2839, § 1(5.35.110), 3-7-89)
5.12.120 Revocation or suspension of license.
A. After giving notice to the licensee of the right to a hearing pursuant to the procedures set forth in this chapter, and conducting a hearing if a timely request is filed, the finance director may suspend or revoke any license issued pursuant to this chapter where one (1) or more of the following conditions exist:
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;
2. 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, King County and the city or the requirements of this chapter;
3. The applicant or any of the applicant’s officers, directors, partners, operators, or with the applicant’s actual or imputed knowledge employees or any other person involved in the operation of the dance or dance hall has been convicted within the last five (5) years of:
a. A felony involving a crime of violence (as defined in RCW 9.41.010(2) as it now exists or as hereafter amended) or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW; or
b. A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile.
4. The licensee or his employee, agent, partner, employer, director, officer or manager has knowingly allowed or permitted:
a. A felony involving a crime of violence, as defined in RCW 9.41.010(2) as it now exists or as hereafter amended or any felony under Chapters 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 or 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 or masturbation to be committed in or upon the dance hall premises;
d. The dance hall 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 twenty-one (21) years in or upon the dance hall premises;
f. The giving or supplying of liquor to any person under the age of twenty-one (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), which is not prescribed by a licensed physician for use by the person possessing or using the substance;
h. Violation of any condition placed upon a license issued pursuant to this chapter or of any other applicable law or ordinance, which the finance director 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 or other fee owing to the city; or
j. Allowing any person under the influence of intoxicants or drugs onto or to remain within the premises.
B. If the finance director finds that any of the conditions set forth in this chapter exist and that the existence of such condition constitutes a threat of immediate and serious injury or damage to person or property, and such conditions can be eliminated by the licensee and notice of the conditions has been given to the licensee and at least twenty-four (24) hours have expired without the elimination of such conditions, the finance director may immediately suspend any license issued under this chapter without prior opportunity to be heard. In this event the licensee shall be entitled to appeal the decision to the hearing examiner in accordance with KCC 5.12.070. The notice of immediate suspension of license given pursuant to this subsection shall include a statement of the conditions found to exist that constitutes a threat of immediate and serious injury or damage to persons or property, and shall inform the applicant of his right to appeal within ten (10) days of the date of the notice by filing a written notice of appeal with the hearing examiner which contains a statement of the specific reasons for the appeal.
C. Revocation of any license issued under this chapter shall be accomplished pursuant to KCC 5.12.070.
D. Any decision of the finance director to revoke or suspend a dance hall license may be appealed to the hearing examiner within ten (10) days of the finance director’s decision. The appellant shall pay a seventy-five-dollar ($75) fee as a condition of filing such appeal.
E. Any aggrieved party may appeal the hearing examiner’s decision rendered under subsections (B) and (D) of this section, by seeking, within ten (10) days of the decision, a writ of review from the superior court.
(Ord. No. 2839, § 1(5.35.120), 3-7-89)
5.12.130 Age restrictions.
A. No person conducting a public dance or maintaining a public dance hall shall knowingly allow persons under the age of sixteen (16) years to enter or remain in the dance hall without a parent or legal guardian present.
B. It is the 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 state driver’s license or photo identification card issued by the State Department of Licensing shall be the only acceptable forms of proof of age.
C. Every person who knowingly or recklessly allows a person to enter or remain in violation of this section shall be guilty of a misdemeanor.
D. Any person who affirmatively misrepresents his age to obtain admission to or permission to remain in any public dance in violation of this chapter shall be guilty of a misdemeanor.
(Ord. No. 2839, § 1(5.35.130), 3-7-89)
5.12.140 Hours of operation.
No public dance shall be operated past the hour of 2:00 a.m., with the exception that on Saturday nights, dances may operate until 3:00 a.m. Sunday morning.
(Ord. No. 2839, § 1(5.35.140), 3-7-89)
5.12.150 Readmission fee.
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. No. 2839, § 1(5.35.150), 3-7-89)
5.12.160 Access by police and fire officers.
All police and fire 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 and other applicable city, county and state health, zoning, building, fire and safety ordinances and laws.
(Ord. No. 2839, § 1(5.35.160), 3-7-89)
5.12.170 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. No. 2839, § 1(5.35.170), 3-7-89)
5.12.180 Applicability.
All dance halls required to be licensed by this chapter within the city shall be regulated by the provisions of this chapter, regardless of whether a public dance license or business license was obtained from the city prior to or after the effective date of the ordinance codified in this chapter.
(Ord. No. 2839, § 1(5.35.180), 3-7-89)
5.12.190 Violations.
It shall be a misdemeanor to operate or manage a public dance in violation of the provisions of this chapter, without having first obtained a valid license, or renewal or to operate or manage a public dance when one’s license has been suspended or revoked.
(Ord. No. 2839, § 1(5.35.190), 3-7-89)