CHAPTER 5.12
PUBLIC DANCES
Section
5.12.030 Dance operators and organizers
5.12.040 Loitering where public entertainment offered
5.12.050 Revoked permit for dance - reissuance
5.12.090 Lighting of dance premises
5.12.010 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIXED PLACE OF BUSINESS. Any establishment for which a business license is required by the City in order to conduct the business.
PUBLIC DANCE. Any dance conducted by a not for profit organization to which the general public may gain admission with or without the payment of a fee.
PUBLIC DANCE HALL. Any room, place, or space in which a public dance as defined in this section is conducted.
(Ord. 455, § 1, passed -- 1975; Am. Ord. 734, § 1, passed -- 1992; Am. Ord. 870, § 8, passed 8-25-2008)
5.12.020 PERMITS.
A. It is unlawful to conduct or assist in conducting or maintaining a dance within the City limits unless a person first obtains a permit therefor as provided in this chapter.
B. Persons desiring the permits shall file a written application therefor with the Chief of Police and the application shall include the following and be on a form approved by the Chief of Police:
1. Name and residence addresses of the applicant (if a corporation or a partnership, the names and residence addresses of all officers and directors or partners; if an unincorporated association, the name of all principals);
2. The location and description of facilities proposed to be used; and
3. The dates, hours, estimated maximum attendance at the proposed dance and the type thereof, including, but not limited to, whether or not there will be live music.
C. The Chief of Police, upon receiving an application, shall consider and shall be satisfied that the public peace, safety, health, and general welfare will not be endangered or jeopardized by the issuance of a dance permit. The Chief may impose conditions upon the issuance of the dance permit to insure the dancing conducted under the permit will be compatible with the preservation of the public peace, safety, health, and general welfare. All applications shall be reviewed by the Fire Chief prior to issuance by the Chief of Police and may contain the conditions of approval as recommended by the Fire Chief. If the Chief of Police finds that the issuance of a dance permit will endanger or jeopardize the public peace, safety, health, or general welfare, the permit shall be denied.
D. The Chief of Police or Fire Chief may revoke any dance permit if he or she finds that the conduct of the dancing violated any condition imposed upon the permit or any provision of the municipal code or state law, or presents any threat to public peace, safety, or health.
(Ord. 455, § 2, passed -- 1975; Am. Ord. 734, § 2, passed -- 1992)
5.12.030 DANCE OPERATORS AND ORGANIZERS.
The operator of a dance hall and promoter, operator, or organizer of any dance shall be a responsible, reliable, law-abiding adult person.
(Ord. 455, § 3, passed -- 1975)
5.12.040 LOITERING WHERE PUBLIC ENTERTAINMENT OFFERED.
No person shall loiter between the hours of 10:00 p.m. and 5:00 a.m. about the premises for any public entertainment, including dances when the person is not actively participating in the entertainment or is not an invited spectator thereof.
(Ord. 455, § 4, passed -- 1975)
5.12.050 REVOKED PERMIT FOR DANCE - REISSUANCE.
If at any time the permit to conduct or maintain a public dance hall or permit allowing dancing upon the premises of the permittee is revoked for violation of the provisions of this chapter, then in such event, at least three (3) months shall elapse before another permit may be granted to the manager, owner, lessee, or permittee of the premises, except in the case of a fixed place of business.
(Ord. 455, § 5, passed -- 1975)
5.12.060 PERMIT FEES.
The permit fee for dances shall be in the amounts as established from time to time by resolution of the City Council.
(Ord. 871, § 9, passed 8-25-2008)
5.12.070 REQUIREMENTS.
No person, other than those operating as a fixed place of business having obtained a yearly business license and dance permit, shall operate, promote, maintain, or conduct a public dance or public dance hall except in compliance with the following provisions.
A. Fee. The applicant shall pay, upon making the application, the applicable fee.
B. Occupancy. The occupancy of dance halls or the attendance at dances shall be restricted to the maximum limits permissible under applicable state and/or City fire laws or regulations.
C. Attendance of police. At all public dances, the Chief of Police may require police officers of the City to be in attendance to maintain order during the dance. The number of officers shall be determined by the Chief of Police or his or her duly authorized representative.
D. Hours for public dances. All public dances shall be discontinued and all public dance halls shall be closed at or before the hour of 2:00 a.m., except that dances restricted to persons under the age of 21 shall be closed at or before the hour of 1:00 a.m., and no public dance shall be held between the applicable closing hour and 10:00 a.m. of any day.
(Ord. 455, § 7, passed -- 1975; Am. Ord. 734, § 4, passed -- 1992)
5.12.080 PRIVATE DANCES.
Any person, club, sorority, fraternity, society, or group giving, maintaining, or conducting a dance in any fixed place of business or hall where the public generally is not permitted to obtain admission, but those permitted to gain admission are so admitted by invitation, subscription list or previous arrangement between the parties and they contribute to the expense of the dance by the payment of a stated charge or by division of the expense between the persons admitted, shall first apply to the Chief of Police for a permit to conduct the dance, which permit shall be granted without the payment of any fee, but upon the other conditions as may be prescribed by the Chief of Police, including the appointment of suitable chaperones, providing the Chief of Police is satisfied that the applicant or applicants are of good moral character.
(Ord. 455, § 8, passed -- 1975)
5.12.090 LIGHTING OF DANCE PREMISES.
The premises where the dances are held shall be kept well lighted. Lights shall be adequate at all times for the protection of persons and property using the premises. The noise level of the entertainment, including amplifiers and any other electronic equipment, shall be modulated and regulated at levels that do not cause or create noise disturbances outside of the hall or areas where the dances are being held. Failure to so regulate the lights and noise may cause, in the reasonable discretion of the policing officer, immediate revocation of the dance permit and the dance may be forthwith terminated and the area emptied. Doors and windows shall be kept closed when reasonably possible in order to reduce noise.
(Ord. 455, § 9, passed -- 1975)
5.12.100 WAIVER OF FEE.
The fee for a public or private dance may be waived by the City Council, in whole or in part by a majority vote of the City Council. The City Council hereby delegates this authority to the City Manager. In the event the City Manager denies the waiver of the dance fee, the applicant may request that the matter be placed on the next regularly scheduled City Council agenda for consideration by the City Council. The City Council may affirm or modify the decision of the City Manager.
(Ord. 524, § 1, passed -- 1979; Am. Ord. 734, § 5, passed -- 1992)