Chapter 5.28
DANCE HALLS*
Sections:
5.28.030 Conditional use permit required.
5.28.080 Minor – Eating place where dance held – Restriction.
* Prior legislation: Prior code § 6506(a) – (j).
5.28.010 Definitions.
The following words, for purposes of this chapter, shall be defined as follows:
A. “Public dance” shall mean a gathering of persons in or upon any premises, whether or not a fee is charged, where dancing is participated in, either as a main purpose for such gathering, or as an incentive to some other purpose, and to which premises the general public is admitted.
B. “Clubs/association dance” shall mean any club or association of persons which conduct dances, other than public dances, for its members or bona fide guests, more often than once a month, at which dance a fee may or may not be charged for admission.
C. “Dancing school” shall mean an institution or establishment offering regular instruction in dance, but does not include a public dance outside of the school’s regular instruction.
D. “Cabaret dance” shall mean any dance conducted in a bar, tavern cocktail lounge, cafe, coffee shop or restaurant licensed by the California Department of Alcohol Beverage Control to dispense alcoholic beverages where the public may participate in dancing with or without the purchase or consumption of food or alcoholic beverages.
E. “Teenage dance” shall mean a dance for persons between the ages of 16 years old and 20 years old, inclusive, who are allowed or permitted to attend, watch or participate in dancing and to which no one 21 years old or older is admitted as a participant. A teenage dance shall not include functions or events held by religious or adult-supervised youth organizations, schools, school districts, park and recreation and charitable organizations or public agency-sponsored youth activities.
F. “Private room or booth” shall mean any room, booth, alcove or enclosure, every part of which is not visible at all times from the main dance floor location.
G. “Taxi dance/taxi dance establishment” shall mean an on-site establishment where employees (male/female) are employed and receive some type of compensation either directly or indirectly by the manager or proprietor of such establishments or receive a gratuity from any individual for acting as the dancing partner for customers (male/female). This definition does not include dancing schools. (Ord. 761 § 1, 2002).
5.28.020 Exemptions.
Nothing in this section shall apply to:
A. Dancing schools, except when conducting a public dance outside of the school’s regular instruction.
B. School dances or events approved and supervised by a public or private school or a school district.
C. Dances or events sponsored and supervised by the city or its recreation and community services department.
D. Dances or events sponsored by any religious, charitable, or youth organization.
E. Dancing or dance establishments which involve or concern as a regular and substantial portion of its use an emphasis on matters depicting or describing or relating to specified anatomical areas or specified sexual activities as defined in Section 95.10 of the Bell Gardens Zoning Code. Such activity shall be governed by Part 95 (“Adult Entertainment Businesses”) of the Bell Gardens zoning ordinance.
F. Any dance conducted on residentially zoned and/or developed properties. (Ord. 761 § 1, 2002).
5.28.030 Conditional use permit required.
A. No person shall permit, conduct or assist in conducting any public dance, club/association dance, cabaret dance or teenage dance without first obtaining a conditional use permit from the Bell Gardens planning commission pursuant to Title 9, Part 102 (“Variances and Conditional Use Permit”) of the Bell Gardens zoning ordinance.
B. Applications for a conditional use permit shall be filed with the community development department, and shall include but not be limited to the following information:
1. The full true name of each applicant.
2. The present address and telephone number of each applicant. If a corporation or partnership, the names and addresses of all directors or partners; if unincorporated, the names and addresses of all principals.
3. A copy of each applicant’s valid California driver’s license or identification card.
4. The business, occupation or employment history of the applicant, if the applicant is an individual, for the three-year period immediately preceding the filing of the application.
5. Whether such applicant ever had any similar permit or license revoked or suspended, including the date of said revocation or suspension and the name of the revoking or suspending entity.
6. All criminal convictions, including pleas of guilty or nolo contendere, of the applicant, including ordinance violations, and traffic offenses.
7. The applicant’s fingerprints on a form provided by and in a manner prescribed by the police department and two portrait photographs of the applicant (two-inch by two-inch minimum size), taken within the 60 days immediately prior to the date the application is filed, clearly showing the applicant’s face. Any fees for the fingerprints and photographs shall be paid by the applicant. If the city approves the permit application, the city shall retain one photograph in the application file and affix the other photograph to the permit issued to the applicant.
8. Written proof satisfactory to the city attorney that the applicant is insured under the policy of insurance required for such business.
9. A copy of any permit or pending application submitted to the California Department of Alcohol Beverage Control for a permit to serve alcohol, if the applicant intends to serve alcohol.
10. The plan or layout of the proposed facility, including the location and description of facilities proposed to be used.
11. The days, hours, estimated maximum number of attendees, and the type of dance.
12. The number of law enforcement officers or licensed security guards, to be present at all times during any dance.
C. When any change occurs regarding the written information required by subsection (B) of this section prior to issuance of a permit, the applicant shall give written notification of such change to the community development department within two weeks after such change.
D. Conditional use permits for any type of dance or dance establishment shall not be assignable or transferable. Any attempt to assign or transfer a permit under this chapter shall render such permit null and void. (Ord. 761 § 1, 2002).
5.28.040 Operating standards.
All public dances, club/association dances, cabaret dances and teenage dances shall comply with the following operating standards, unless specifically stated otherwise:
A. Hours. It shall be unlawful for any person to conduct or operate any public dance, club/association dance, or cabaret dance between the hours of 2:00 a.m. and 8:00 a.m. It shall be unlawful for any person to dance or participate in any dance during the hours prohibited in this subsection. The hours of operation for a teenage dance are stated in BGMC 5.28.050(B).
B. Indoor Lighting. It is unlawful for any person to conduct, maintain or carry on a public dance, club/association dance, cabaret dance or teenage dance in any premises, unless such premises is illuminated indoors by electric light or other lawful means at a level of no less than five foot candles maintained at floor level as prescribed in the Illuminating Society Lighting Handbook Application Volume.
C. Outdoor Illumination. There shall be a minimum amount of outdoor illumination which shall equal an average of five foot candles at ground level within 20 feet of every entrance, exit, or loading area of the room or place used for a public dance, club/association dance, cabaret dance or teenage dance during the hours of operation.
D. Capacity. The number of persons allowed in the specified premises where a public dance, club/association dance, cabaret dance or teenage dance takes place shall not exceed those prescribed in the minimum standards, rules and regulations that have been formally adopted by the State Fire Marshal for the protection of life and property against fire nor shall the number exceed those prescribed in all city fire codes, ordinances, and uniform building codes.
E. Police/Security Guard Protection.
1. Police or security guard protection shall be required at all public dances, club/association dances, cabaret dances and teenage dances in accordance with the following schedule:
|
Number of Persons in Attendance |
Number of Police/Security Required |
|
0 – 50 |
2 |
|
51 – 100 |
4 |
|
101 – 200 |
6 |
|
201 – Over |
Number to be determined by the Bell Gardens police department |
2. If security guards are to be utilized, said security guards must be licensed by the state of California.
3. The city manager or the chief of police may, upon consideration of an application for such permit, require a greater number of police officers or security guards if there is a finding that the proposed security plan is not sufficient to preserve the public peace, health and safety.
F. Age Limit. A person under the age of 18 years shall not be permitted entrance to a public dance, club/association dance, or cabaret dance; except if alcohol is dispensed and served, and the age limit shall be 21 years of age. The age limit for teenage dances is set forth in BGMC 5.28.050(D).
G. Dancing Area.
1. The dance floor of any premises holding a public dance, club/association dance, cabaret dance or teenage dance shall contain not less than 225 square feet and no more than 800 square feet.
2. The dance floor shall be plainly marked and designated as a dancing area. No dancing shall be permitted in the premises, except upon the dancing area thus marked and designated.
3. During all hours in which dancing is permitted by the permit issued under this section, no portion of the dancing area shall be used for any purpose other than dancing and entertainment.
4. No dancing shall be permitted within 10 feet of any bar or area where alcoholic beverages or other drinks are served and/or dispensed.
5. No drinks, whether alcoholic or otherwise, shall be transported onto the dance floor area, nor shall drinking take place on any area designated as the dance floor.
6. Smoking is prohibited on the dance floor in any public dance, club/association dance, cabaret dance or teenage dance.
H. Alcoholic Beverages.
1. No person shall serve, sell, dispense or permit the service, sale or consumption of alcoholic beverages on the premises where a public dance, club/association dance and cabaret dance is taking place without first obtaining from the city a permit to do so and without having acquired such a permit or license from the appropriate county or state agencies.
2. No owner or operator of a public dance, club/association dance or cabaret dance shall permit any person to enter into, to be or to remain in any place where such public dance, club/association dance, or cabaret dance is taking place, who, in the reasonable judgment of the owner or operator, is visibly intoxicated.
I. Employee Dancing. No employee of any owner or operator conducting a public dance, club/association dance, cabaret dance or teenage dance shall engage in dancing with any other person, employee or patron at any public dance, club/association dance, cabaret dance or teenage dance.
J. Disorderly or Boisterous Conduct. It is unlawful for the owner or operator of any public dance, club/association dance, cabaret dance or teenage dance to permit any boisterous or disorderly person to enter or remain in any establishment where a public dance, club/association dance, cabaret dance or teenage dance is taking place.
K. Obscene Dancing. There shall be no dancing in an obscene manner, as defined in Penal Code Section 311, et seq., in any establishment where a public dance, club/association dance, cabaret dance or teenage dance is taking place.
L. Private Rooms or Booths. There shall be no private rooms or booths of any kind in any place or premises where a public dance, club/association dance, cabaret dance or teenage dance is taking place, except for the toilet facilities and the office room to which the patrons shall have no access. (Ord. 761 § 1, 2002).
5.28.050 Teenage dances.
In addition to the operating standards set forth in BGMC 5.28.040, the following additional requirements shall apply to teenage dances:
A. The applicant of a conditional use permit for the operation of a teenage dance shall be over the age of 18 or an adult sponsoring organization.
B. It shall be unlawful for any person to conduct or operate a teenage dance between the hours of 12:00 a.m. and 6:00 a.m. It shall be unlawful for any person to dance or participate in any teenage dance during the hours prohibited in this subsection.
C. No alcoholic beverages shall be maintained, sold, dispensed, consumed, or possessed on the premises where a teenage dance is taking place. The applicant shall deny entrance to anyone who has been drinking alcoholic beverages and/or who has alcoholic beverages in their possession.
D. No person over the age of 20 years of age or under the age of 16 shall be admitted to a teenage dance.
E. In addition to the required law enforcement and security personnel set forth in BGMC 5.28.040(E), all teenage dances shall also have the presence of one adult supervisor per 50 teenage attendees.
F. No patron of a teenage dance shall be permitted to leave and reenter the establishment where a teenage dance is taking place. (Ord. 761 § 1, 2002).
5.28.060 Prohibited dances.
A. Marathon dances, contests, exhibition of endurance dancing, or dancing for the distance or by any other name by which the same may be known is prohibited unless a permit is issued by the city within 24 hours.
B. Taxi dance/taxi dance establishments as defined in BGMC 5.28.010(G) is not permitted. (Ord. 761 § 1, 2002).
5.28.070 Inspections.
All premises where any public dance, club/association dance, cabaret dance or teenage dance is taking place shall be open for inspection by any state, county or city official at any time without advance notice. (Ord. 761 § 1, 2002).
5.28.080 Minor – Eating place where dance held – Restriction.
The provisions of this chapter shall not prevent a minor person under the age of 18 years from being in a bona fide hotel, cafe or other place where meals are regularly served and where a public dance is being held provided that said minor is being accompanied by a parent or guardian. (Ord. 761 § 1, 2002).
5.28.090 Penalty.
Any person who violates any provisions of this chapter shall be guilty of a misdemeanor. (Ord. 761 § 1, 2002).