Chapter 4.36


4.36.010    Definitions.

4.36.020    Exemption.

4.36.030    Permit required.

4.36.040    Fees.

4.36.050    Application.

4.36.060    Granting of permit.

4.36.070    Permits not transferable.

4.36.080    Floor manager duties.

4.36.090    Security.

4.36.100    Dance halls—Lighting.

4.36.110    Revocation of permit.

4.36.120    Partial invalidity.

4.36.130    Violation—Penalties.

4.36.010 Definitions.

As used in this chapter, the following terms shall have the meanings as set forth herein:

(a)    “Open-air dancing” means any dance conducted outside of a building and which is usually held on a paved surface in the city.

(b)    “Public dance” means any dance or hall to which the public generally may gain admission with or without the payment of an admission fee. “Public dance” does not mean:

(1)    A dance conducted by a public or private primary or secondary school; or

(2)    A dance conducted by a religious, charitable or nonprofit organization.

(c)    “Public dance hall” means any room or part thereof, any hall or any part thereof, pavilion, building, or other structure occupied for the purpose, in whole or in part, of conducting therein public dances or dancing. (Ord. 1514 § 1 (part), 2018: Ord. 1158 § 1 (part), 2003).

4.36.020 Exemption.

All dances governed by other provisions of this code specific to the dance location are exempt from this chapter. (Ord. 1514 § 1 (part), 2018: Ord. 1158 § 1 (part), 2003).

4.36.030 Permit required.

It is unlawful for any person, firm, society, association or corporation to sponsor, permit, or conduct any public dance within the corporate limits of the city of Othello, Washington, without first obtaining a permit to do so, as is hereinafter provided. Permits may be issued on a calendar year or event basis. (Ord. 1514 § 1 (part), 2018: Ord. 1158 § 1 (part), 2003).

4.36.040 Fees.

The permit fees for any public dances are referenced in Section 4.04.010(a). (Ord. 1514 § 1 (part), 2018: Ord. 1401 § 4 (part), 2014: Ord. 1158 § 1 (part), 2003).

4.36.050 Application.

(a)    Application for a permit to conduct a public dance shall be made by providing a completed form to the city clerk at least ten working days (Monday through Friday) prior to the time the dance is to be held. Said application shall contain, at a minimum, the following information:

(1)    The name and mailing address of the applicant or applicants;

(2)    The date upon which the event is to be held;

(3)    The approximate time dance will start and end; dances cannot go pass twelve o’clock a.m.;

(4)    The address of the place where the dance is to be held;

(5)    The approximate attendance expected;

(6)    The floor manager’s and door person’s name and address;

(7)    Copy of a signed security agreement and a copy of the security guard license for each guard in attendance; and

(8)    Copy of signed permit from Washington State Liquor and Cannabis Board.

(b)    All applications are to be signed by the party conducting the dance. No permit shall be granted to any corporation, but if a corporation conducts any dance, the permit shall be issued to the corporation manager or other directing officer thereof. (Ord. 1514 § 1 (part), 2018: Ord. 1401 § 4 (part), 2014: Ord. 1186 § 3, 2004: Ord. 1158 § 1 (part), 2003).

4.36.060 Granting of permit.

No permit to conduct a public dance shall be granted unless the applicant therefor has no convictions involving offenses of moral turpitude. The police chief may inquire into the character and reputation of the applicant or applicants and may inquire into and make investigation as to the location where such dance will be conducted or operated.

For the purpose of considering an application for a permit, the building official, and fire chief or their designated assistants may make an inspection of the premises where such dance is to be conducted. Such investigation shall confirm the facility for the public dance has been maintained to ensure that the certificate of occupancy is current and valid.

The city clerk may, in the clerk’s discretion based upon information that may be supplied by the police chief, fire chief or building official, grant or refuse any license applied for. The applicant may then appeal directly to the city council. All permits granted hereunder must be kept posted at the point of entry. (Ord. 1514 § 1 (part), 2018: Ord. 1401 § 4 (part), 2014: Ord. 1158 § 1 (part), 2003).

4.36.070 Permits not transferable.

No dance permit shall be assigned or transferred. (Ord. 1514 § 1 (part), 2018: Ord. 1158 § 1 (part), 2003).

4.36.080 Floor manager duties.

Any dance hall provider must provide a floor manager and door person during the dance which will be in control of the premises continually from one-half hour before dancing begins until the dance hall is closed. For any violation involving noise, inadequate security as provided in the code and/or exceeding the maximum person capacity identified in the permit application or otherwise required by applicable state or local law, a citation shall be given to the floor manager. It shall be the duty of the floor manager to see that standards of decency and good taste are maintained and that disorderly or objectionable conduct is not tolerated and to take effective steps promptly to remove objectionable practices. The floor manager shall carry out the provisions of this chapter relating to public dance halls and public dancing and in preserving order and good conduct on the part of the patrons and employees of said dance. Failure to carry out such duties shall be a violation of this chapter.

Independent of the floor manager and the on-site security, but under the direction of the floor manager, there shall be a door person. This door person must be able to tell any police or fire department officer or representative or on-site security at any time after the beginning of the dance how many patrons and employees are in the building. (Ord. 1514 § 1 (part), 2018: Ord. 1158 § 1 (part), 2003).

4.36.090 Security.

(a)    Any person conducting a dance subject to the provisions of this chapter shall cause sufficient security to be provided to insure lawful conduct of the dance and to insure unlawful activities are not permitted to occur on the premises or adjacent properties as a result of the dance conducted under the license issued hereunder.

(b)    Any dance conducted pursuant to this chapter with a live band, live musician or recorded music operated by a disc jockey or other person who selects and plays music from among a selection of music or plays a recorded music selection by means of amplified music reproduction equipment shall provide security as defined in this section. Occupancy not to exceed rated capacity of facility. One security officer is required for the first one hundred persons expected and an additional security officer for each additional group of one hundred persons or fraction thereof expected. Security is required to arrive at least one hour before the dance commences and is required to stay at least one hour after termination of the dance. In the event of an outdoor dance, the police chief shall establish the rated capacity of the area in consultation with the fire chief. The on-site security officer(s) shall be responsible to insure all city ordinances and state laws are enforced including the provisions of the occupancy regulations establishing the number of persons permitted to be on the premises at any one time. They are to contact anyone violating any ordinance or law to achieve compliance. If the on-site security is unable to achieve compliance with city ordinances and state laws, then the on-site security shall immediately contact the police department and the dance shall be terminated. Each security officer and private security guard shall be licensed.

(c)    Conducting a dance subject to this chapter without the required security officer(s), or the inability of the door person to produce an accurate count of the number of persons inside a building where a dance is conducted, shall subject the operator to immediate closure of the premises where the dance is conducted and imposition of a C-1 civil penalty. Repeat violations within any six-month period will subject the operator of the premises where the dance is conducted to possible revocation of the business license of the premises for sixty days for each violation. (Ord. 1514 § 1 (part), 2018: Ord. 1158 § 1 (part), 2003)

4.36.100 Dance halls—Lighting.

(a)    The place where any such dance or dancing is permitted shall be lighted or illuminated in such a manner and to such an extent as is usual or customary for lighting halls or rooms of like dimensions and like character in the night time for public assemblage, before any patrons are admitted thereto or before any dance or dancing is commenced therein. Such lighting or illumination shall be maintained thereafter throughout the entire time such dance hall and premises shall be open and entertaining patrons and during any recess or intermission without diminution and without interruption until the place where such dance or dancing is permitted shall be cleared and closed.

(b)    No person maintaining, permitting, operating, or conducting any dance or dancing, or any manager or agent in charge thereof, shall:

(1)    Permit any person under the influence of liquor or drugs to enter the place wherein such dancing is permitted, nor to participate therein or remain at such place, nor upon the premises under his control;

(2)    Permit any narcotic peddler, narcotic addict, lewd or dissolute persons, idlers, or other hangers-on to be at or about the place where such dance or dancing is permitted or conducted.

(c)    The police and fire chief of the city of Othello, or their designated officials in uniform, shall have free access at all times to any and all public dances or dance halls for the purpose of inspection and to enforce compliance with the provisions of this chapter, and shall have the power, and it shall be their duty, to cause any dance hall to be vacated whenever any provision of this chapter is being violated, or wherein any ordinance, regulation, or law of any character is being violated. (Ord. 1514 § 1 (part), 2018: Ord. 1158 § 1 (part), 2003)

4.36.110 Revocation of permit.

Any permit of whatsoever kind granted hereunder to conduct a public dance or dancing may be revoked by the city administrator upon the recommendation of the city clerk, fire chief, police chief or building official for any violation of any of the provisions of this chapter, or any state or federal law or for permitting this chapter or any of the provisions thereof to be violated, after a hearing held upon no less than ten days’ written notice to the licensee, his agent or employee.

The action of the city administrator in revoking any such license shall be able to be appealed by submitting a written notice of appeal within ten days of the administrator’s decision to the city clerk. The decision of the city council upon such appeal considered at its next meeting falling not less than five nor more than twenty days after receipt of the written notice of appeal of the decision of the administrator shall be final and conclusive. Every permittee accepting a dance permit shall be deemed to have consented to the provisions of this section with respect to the cancellation of license, and no public dances shall be conducted at any other place than specified in the permit thereof. (Ord. 1514 § 1 (part), 2018: Ord. 1158 § 1 (part), 2003)

4.36.120 Partial invalidity.

If any section or sections of this chapter shall be declared invalid, it shall not affect the validity of the other sections of this chapter. (Ord. 1514 § 1 (part), 2018: Ord. 1158 § 1 (part), 2003)

4.36.130 Violation—Penalties.

Except where a penalty is specified, any person, firm, or corporation violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and shall be subject to a civil penalty of up to one thousand dollars. Each day of violation shall be considered a separate violation. Upon a determination the civil infraction was committed under this chapter the permit of such person, firm, or corporation will be revoked or suspended by the city clerk in addition to other penalties. (Ord. 1514 § 1 (part), 2018: Ord. 1401 § 4 (part), 2014: Ord. 1158 § 1 (part), 2003)