Chapter 6.06
PUBLIC DANCES, DANCING PLACES AND CONCERTS
Sections:
6.06.030 License – Application.
6.06.040 License – Conditions.
6.06.050 License – Revocation – Suspension.
6.06.060 License – Not transferable.
6.06.010 Definitions.
“Concert” means a place open to the public, where any form of live musical entertainment is provided.
“Dancing place” means any place where food or beverages are served and where music is provided and the public is permitted to dance.
“Police Chief” shall mean the Chief of Police or his or her designee.
“Public dance” means any dance open to the public whether held one (1) day only or at regular intervals. [Ord. 12-004.]
6.06.020 License required.
It shall be unlawful for any person or association of persons to operate or conduct a public dance, dancing place, or concert within the City without first obtaining a license to do so.
This section shall not apply to charitable and/or chartered nonprofit organizations whose place of business or meeting place is within the City. [Ord. 12-004.]
6.06.030 License – Application.
A. An application for such license shall be made to the Collector, in writing, and shall set forth the following:
1. The name and address of the applicant.
2. The name and address of the owner of the premises where the activity will be conducted.
3. The time and location of the activity.
4. A statement as to whether admission will be charged.
5. Whether the applicant or the person to be in immediate charge of the activity has ever been convicted of a crime other than a traffic violation.
6. Such other information as may be required by the Chief of Police.
B. Said application shall be accompanied by a fee as established from time to time, by resolution of the City Council.
C. Upon receipt of the application and fee, the Collector shall refer it to the Chief of Police. The Chief of Police shall thoroughly investigate the application and shall authorize issuance of a license for a period not to exceed one (1) year if he finds:
1. The applicant and the person in charge of the activity are of good moral character.
2. The activity complies with all other applicable laws and ordinances.
3. The structure where the proposed activity is to be held meets the requirements for the proposed type of occupancy.
4. The applicant has satisfactory evidence of liability insurance. [Ord. 12-004.]
6.06.040 License – Conditions.
The Chief of Police shall have authority to place conditions on any license issued, including, but not limited to, the hours during which such activity may be held; the exclusion therefrom of known criminals, intoxicated, disorderly or other objectionable persons; the lighting arrangements of places in which such activities are held; adequate public liability insurance; and the number and type of security personnel required to be provided by the applicant to maintain order. Violations of any such conditions shall be grounds for suspension or revocation of the license. [Ord. 12-004.]
6.06.050 License – Revocation – Suspension.
The Chief of Police may revoke or suspend any such license if:
A. The premises where the activity is carried on is being operated in violation of a public statute or ordinance.
B. Disturbances of the public peace or conduct offensive to public morals takes place at such activity.
C. The applicant or person in immediate charge of the activity is convicted of a felony or a crime involving moral turpitude.
D. Any false statement has been made on the application.
E. The applicant has had a license forfeited, suspended or revoked pursuant to the provisions of this section or any similar law.
F. A written protest is filed against the operation and conduct of any public dance, dancing place or concert, signed by a majority of the persons residing within one thousand (1,000) feet of any such activity. [Ord. 12-004.]
6.06.060 License – Not transferable.
Each such license shall be nontransferable and shall be posted in a conspicuous place in or on the premises in respect to which it is issued and shall be exhibited to any police officer upon demand. [Ord. 12-004.]
6.06.070 Security.
It shall be the duty of every person or association of persons conducting a public dance, dancing place or concert to maintain, at his own expense, at the occurrence of each such activity, the number of security officers or off-duty police officers required by the Chief of Police. Such security personnel shall be approved by the Chief of Police. Any police officer of the City shall have the right to enter all public dances, dancing places, or concerts and if, in his judgment, such activity is improper, such police officer shall have the right, and it shall be his duty, to stop the same. [Ord. 12-004.]
6.06.080 Unlawful practices.
A. It shall be unlawful for any licensee to employ any persons at a salary, on a commission or for anything of value to dance with or act as dancing partner at any public dance or in any dancing place or for any person to engage in such employment.
B. Except in places where intoxicating liquors are legally sold and consumed, no person shall have, possess or consume intoxicating liquor at any public dance, dancing place or concert. [Ord. 12-004.]
6.06.090 Appeal.
Any person whose application for such license has been denied or whose license has been suspended or revoked by the Chief of Police shall have the right to appeal to the City Council pursuant to DMC 6.02.140. [Ord. 12-004.]