Chapter 5.28
DANCEHALLS AND CABARETS3

Sections:

5.28.010    License required.

5.28.020    Permit required.

5.28.030    Public dancehall defined.

5.28.040    Cabaret defined.

5.28.050    Public dance defined.

5.28.060    License fee.

5.28.070    Permit fee for public dance.

5.28.080    Permit fee for cabaret.

5.28.090    Application for license.

5.28.100    Application for permit.

5.28.110    Investigation.

5.28.120    Revocation of licenses and permits.

5.28.140    General rules and regulations.

5.28.150    Severability.

3.    Statutory provisions—See RCW Ch. 67.12.

For provisions regarding liquor sales, see Ch. 5.46 of this code.

5.28.010 License required.

It is unlawful for any person, firm, association, society or corporation owning or controlling any hall or floor space in the city of Yakima to allow the same to be used as a public dancehall or cabaret without first obtaining a license so to do as hereinafter provided. The license required under this chapter is separate from and in addition to the business license issued under Chapter 5.52 YMC, which may also be required when applicable. (Ord. 2020-006 § 5, 2020: Ord. B-65 § 1, 1934).

5.28.020 Permit required.

It is unlawful for any person, firm, association, society or corporation to engage in, sponsor or conduct public dances or cabarets in any unlicensed hall or floor space in the city of Yakima; and provided further, it is unlawful for any person, firm, association, society or corporation to engage in, conduct or sponsor public dances or cabarets in the city of Yakima without first obtaining a permit so to do as hereinafter provided. The permits required under this chapter are separate from and in addition to the business license issued under Chapter 5.52 YMC, which may also be required when applicable. (Ord. 2020-006 § 6, 2020: Ord. B-65 § 2, 1934).

5.28.030 Public dancehall defined.

“Public dancehall,” as used in this chapter, is any building, room or hall kept or used for public dancing or in which men, women or children are permitted to engage in dancing, for (or without) compensation paid directly or indirectly to the owner, proprietor, manager or operator thereof; provided however, that “public dancehall” does not include a cabaret, as herein defined; provided further, that “public dancehall” does not include an adult entertainment establishment as defined in Chapter 5.30. (Ord. 94-23 § 1, 1994: Ord. B-65 § 3, 1934).

5.28.040 Cabaret defined.

“Cabaret” as used in this chapter is a dining room, restaurant or eating place where meals are served on tables or in booths and not at a lunch counter exclusively; and where dancing is permitted between the tables or on a designated floor space. (Ord. B-65 § 4, 1934).

5.28.050 Public dance defined.

“Public dance” as used in this chapter means any dance or ball to which the public generally may gain admission with or without the payment of a fee directly or indirectly; provided however, that “public dance” does not include a cabaret as herein defined. (Ord. B-65 § 5, 1934).

5.28.060 License fee.

The license fee for each dancehall or each cabaret shall be fifty-five dollars per year. (Ord. 1880 § 12, 1975: Ord. 1195 § 17, 1969: Ord. B-65 § 6, 1934).

5.28.070 Permit fee for public dance.

The permit fee for public dances shall be as follows: three hundred eighty-four dollars and ten cents for one year; one hundred fourteen dollars and twenty-six cents for three months and twenty-one dollars and eighty-eight cents for one night. (Ord. 3143 § 5, 1988: Ord. 3002 § 5, 1987: Ord. 2926 § 6, 1985: Ord. 2838 § 6, 1985: Ord. 2736 § 6, 1983: Ord. 1880 § 13, 1975: Ord. 1195 § 18, 1969: Ord. B-65 § 7, 1934).

5.28.080 Permit fee for cabaret.

The permit fee for cabaret shall be on an annual basis as follows: for dance space not exceeding five hundred square feet, two hundred dollars; for dancing floor space above five hundred square feet and not exceeding seven hundred fifty square feet, three hundred dollars; for dancing floor space above seven hundred fifty square feet and not to exceed one thousand square feet, four hundred dollars; for dancing floor space above one thousand square feet, five hundred dollars. The floor space to be used for dancing shall be designated by enclosing same on four sides with a black line four inches wide painted on the floor, and dancing shall be confined to such designated floor space. (Ord. B-65 § 8, 1934).

5.28.090 Application for license.

Application for a license for a dancehall or cabaret shall be made in writing to the code administration manager or his designee, and shall be accompanied by a deposit of the amount of the license required. It shall be signed by the owner or owners or their authorized agents of the building wherein said dancehall or cabaret is located and shall state the location of the room or rooms to be used for dance purposes, together with the street name and number of all entrances and shall contain a statement that the applicant or applicants shall require the observance of all ordinances and regulations passed or imposed by the city for the control and regulation of dances or cabarets conducted in said building. (Ord. 3083 § 6, 1988: Ord. B-65 § 9, 1934).

5.28.100 Application for permit.

A.    Application for a permit to conduct, operate or sponsor public dances or cabarets shall be made in writing to the city manager and filed with the code administration manager, and upon approval by the city manager and upon payment of fee as hereinbefore provided, the code administration manager shall issue the permit. The application shall contain a complete description of the premises to be occupied with the name of streets and street number of entrances and shall contain a statement by the applicant or applicants that they will abide by all ordinances and regulations passed or imposed by the city for the control and regulation of public dances or cabarets and of the conduct of operators, managers and patrons.

B.    The application fee for each permit issued under this chapter shall be sixteen dollars and fifty cents, which amount shall be credited to payment of the permit fee. Application fees shall not be refundable. (Ord. 93-74 § 4, 1993: Ord. 1880 § 14, 1975; Ord. 1465 § 1, 1972: Ord. B-65 § 10, 1934).

5.28.110 Investigation.

The city manager shall use such time as may be necessary to investigate the applicants for both licenses and permits for the purpose of determining the truthfulness of the statements made in said application and the fitness of the location named and of the character and general reputation of the applicant for said permits. Before any license shall be issued, the premises for which application for license is made shall be inspected by the sanitary, electrical and building inspectors and such premises shall be required to comply with all the ordinances, rules and regulations of the city of Yakima with respect to the public health and safety. (Ord. B-65 § 11, 1934).

5.28.120 Revocation of licenses and permits.

Licenses and permits issued under this chapter may be revoked by the city manager when he finds that any holder of a license or a permit has violated this chapter; provided, however, that no license or permit shall be revoked without the city manager having first notified the parties in writing and having set a date not less than five days distant from the date of serving the notice, at which time the parties so notified may appear to show cause why said license or permit should not be revoked. (Ord. B-65 § 12, 1934).

5.28.140 General rules and regulations.

A.    All public dances and dancing cabarets shall cease at two a.m. on all mornings, and no public dancing, including dancing in cabarets, shall be permitted between two a.m. and eight a.m. of any day; provided, that such dancing may continue until, but not after, three a.m. on New Year’s Day.

B.    All public dancehalls and cabarets during all times of operation shall be lighted in such a manner to provide sufficient illumination for ingress and egress in time of emergency. The changing or dimming of lights during any dancing period is prohibited.

C.    It is unlawful to permit any person intoxicated by drugs or alcohol to enter or to remain in any public dancehall or cabaret.

D.    It is unlawful to permit any minor to enter or remain in any cabaret unless accompanied by either the parent or guardian of the minor.

E.    Any license or permit issued under the terms of this chapter shall be posted at all times in a conspicuous place in the room for which said license or permit was issued and no license or permit shall be transferable or assigned without the written approval thereon of the code administration manager.

F.    Any violation of federal, state or city liquor laws, ordinances or regulations shall be considered to be cause for revocation of the licenses herein provided for. (Ord. 3083 § 7, 1988: Ord. 1065, 1968: Ord. 964, 1967: Ord. 947, 1967: Ord. 200, 1960: Ord. B-1122, 1950: Ord. B-65 § 14, 1934).

5.28.150 Severability.

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. B-65 § 15, 1934).