Chapter 5.32PUBLIC DANCES, CABARETS, DANCE HALLS AND TEENAGER DANCES

Sections:

5.32.010
Definitions.
5.32.020
License Required.
5.32.030
License Fees.
5.32.040
Hours of Closing.
5.32.050
Age Limits.
5.32.060
Employees and Attendants.
5.32.070
Intoxicated Persons Prohibited.
5.32.080
Lighting.
5.32.090
Parking Lots.
5.32.100
Duty of Preserving Order.
5.32.110
Employment of Law Enforcement Officers.
5.32.120
Smoking Prohibited.
5.32.130
Duty of Public Dance Halls.
5.32.140
Teenager Dances - Prohibited Activity.
5.32.150
Adjustment and/or Waiver Fee.
5.32.010Definitions.

A. “Cabaret” as used in this Chapter shall mean any restaurant, barroom, tavern, cocktail lounge or other facility where food and/or beverages are available for purchase and where dancing occurs regardless of whether such dancing is to live entertainment or prerecorded transmissions.

B. “Dance Halls” as used in this Chapter shall mean any facility where public dances are held.

C. “Public Dances” as used in this Chapter shall mean any dance or ball where the general public may gain admission with or without the payment of a fee. As used in this Section, public dances shall include but not be limited to those dances sponsored by private clubs where members of the private clubs are permitted to bring guests.

D. “Teenager Dance” as used in this Chapter shall mean any dance or ball where attendance is limited to teenagers regardless of whether or not an admission fee is charged.

E. “Teenager” as used in this Chapter shall mean any person over the age of twelve (12) and under the age of eighteen (18). (Ord. 116 § 1, 1997; Ord. 79 § 5, 1996; Ord. 53 § 6 (part), 1996.)

5.32.020License Required.

A. No person, group or society shall conduct any activity defined in the Lakewood Municipal Code Section 5.32.010 without first obtaining a valid license.

B. School sponsored dances shall be exempt from the licensing requirements of this Chapter. For the purposes hereof, “school” means an educational institute or facility certified to be a school by the Washington State Board of Education, accredited by the Commission on Colleges - Northwest Association of Schools and Colleges or accredited by another nationally recognized accrediting body, or as otherwise specifically provided pursuant to state statute. It is provided, however, that even though school sponsored dances are exempt from the requirement of obtaining a license pursuant to this Chapter, the provisions of Section 5.32.040 of the City Code shall nevertheless apply, so that, unless a special permit is obtained from the City Manager or designee, school sponsored dances shall not continue beyond 2:00 a.m. Furthermore, the regulatory provisions of Chapter 5.32 of the City Code, including but not limited to: Lighting (Section 5.32.080); Parking Lots (Section 5.32.090); Preservation of Order (Section 5.32.100); and Employment of Law Enforcement Officers (Section 5.32.110), shall apply to school sponsored dances. (Ord. 116 § 2, 1997; Ord. 53 § 6 (part), 1996.)

5.32.030License Fees.

All required license fees shall be in accordance with LMC 3.20.010, the fee schedule, at least one copy of which shall be kept on file in the Office of the Lakewood City Clerk.

In the event that the type of license that applies to a particular business is unclear, or that more than one license could apply, the City Manager or designee shall determine which of the possible licenses shall be applied, provided that the decision of the City Manager or designee regarding the applicable license may be appealed by the person or persons operating the business to the City Council, which appeal must be filed with the City Clerk within fourteen (14) days of the date of the notice of the decision to the person or persons operating the business. (Ord. 288 § 8, 2002; Ord. 116 § 3, 1997; Ord. 79 § 6, 1996; Ord. 53 § 6 (part), 1996.)

5.32.040Hours of Closing.

A. Teenager dances shall be discontinued by the hour of 12 midnight unless a special permit is obtained from the City Manager or designee to conduct teenager dances after the hour of 12 midnight.

B. All public dances shall be discontinued and all public dance halls shall be closed by the hour of 2 a.m., and shall remain closed until 6 a.m. on the same day, unless a special permit is obtained from the City Manager or designee to conduct a dance beyond the hour of 2 a.m.

C. All cabarets shall be closed between the hours of 2:00 a.m. and 6:00 a.m. (Ord. 53 § 6 (part), 1996.)

5.32.050Age Limits.

A. No person under the age of eighteen (18) years shall be permitted to attend any public dance without the escort of his or her parent, guardian, or other responsible adult.

B. No person over the age of eighteen (18) years shall be permitted to attend any teenager dance unless said person is the sole escort or guest of a person properly admitted to a teenager dance. It shall be unlawful and constitute a violation of this Chapter for any person who is not eligible for admittance to a teenager dance, to remain around or about the premises where such dance is being held. (Ord. 53 § 6 (part), 1996.)

5.32.060Employees and Attendants.

No person under the age of eighteen (18) years shall be employed at any public dance or in any dance hall. No prostitute or person of immoral character or person afflicted with any venereal, contagious or infectious disease shall be employed in or knowingly be permitted to take part in any public dance or be employed in any dance hall. (Ord. 53 § 6 (part), 1996.)

5.32.070Intoxicated Persons Prohibited.

No persons maintaining, conducting or carrying on any public dance or having charge or control thereof; nor any person employed in and about such a place where said public dance is being held; nor any person employed in and about a public dance hall shall allow or permit any person who is intoxicated or incapacitated by the use of intoxicating liquor and/or drugs, as defined by RCW 70.96A, to enter, be, or remain in, or to dance at any function licensed pursuant to this Chapter. (Ord. 53 § 6 (part), 1996.)

5.32.080Lighting.

All buildings, halls, rooms, pavilions or other places in which public dances are carried on, as well as the halls, corridors, and rooms leading thereto or connected therewith, shall at all times, while open to the public, be well lighted. (Ord. 53 § 6 (part), 1996.)

5.32.090Parking Lots.

All parking lots used in conjunction with any cabaret, public dance or dance hall shall at all times while open to the public be well lighted and such parking lots shall at all times be kept in a clean, sanitary condition. (Ord. 53 § 6 (part), 1996.)

5.32.100Duty of Preserving Order.

The burden of preserving order in any cabaret, dance hall or at any public dance is upon the licensee, and if any cabaret, dance hall or public dance, or any parking lot used in conjunction with any cabaret, dance hall or public dance is not being operated in accordance with the rules and regulations prescribed in the code, the license shall be subject to revocation and the licensee or other individual responsible subject to such other punishment as the law and this Code provide. (Ord. 53 § 6 (part), 1996.)

5.32.110Employment of Law Enforcement Officers.

In the event it becomes necessary to secure the services of one or more law enforcement officers to properly enforce these rules and regulations and to maintain order in a cabaret, dance hall or public dance, all expense for such service shall be borne by the licensee, and it is his duty to secure the services of such officer or officers as are deemed by the City to be necessary to preserve order and enforce the rules and regulations prescribed in this Chapter and the State law. (Ord. 53 § 6 (part), 1996.)

5.32.120Smoking Prohibited.

No person shall be permitted to smoke, or carry in his or her hand a lighted cigar, cigarette or pipe while on the dance floor. (Ord. 53 § 6 (part), 1996.)

5.32.130Duty of Public Dance Halls.

Each holder of a license to operate a public dance hall shall insure that all individuals holding public dances and/or teenager dances in said facility are duly licensed. A breach of this Section shall constitute grounds for revocation of the public dance hall license. (Ord. 53 § 6 (part), 1996.)

5.32.140Teenager Dances - Prohibited Activity.

No teenager shall be allowed to leave a dance and return to said dance during the hours of the dance unless said teenager is accompanied by a duly authorized chaperon or law enforcement officer. (Ord. 53 § 6 (part), 1996.)

5.32.150Adjustment and/or Waiver Fee.

The City Manager or designee may in his discretion waive or adjust the fees required in this Chapter where the fee appears to be an undue burden upon a charitable or nonprofit organization. (Ord. 53 § 6 (part), 1996.)