Chapter 8
DANCE HALLS1
Sections:
8.2 Prohibition—Public dance permit required.
8.3 All dance venues—Application requirements and permit conditions.
8.5 Application and permit fees.
8.8 Revocation and suspension.
8.13 Conduct constituting a public nuisance and/or misdemeanor.
8.15 Conflicts with other provisions of this code.
8.1 Definitions.
For the purposes of this chapter certain words and phrases are defined as follows:
“Dance area” is defined, for large and medium dance venues, to include the area designated as the dance floor area on the floor plan submitted with the application for a public dance permit to the police department or with the application for a downtown special use permit submitted to the community development department.
“Dance venue, large” means a venue where public dancing occurs in which the dance area is larger than four hundred forty-one (441) square feet or twenty-five percent (25%) of the public access floor area.
“Dance venue, medium” means a venue where the dance floor area is up to twenty-five percent (25%) of the public access floor area; however, in no case is it larger than four hundred forty-one (441) square feet. The use shall be associated with a full service restaurant or theater with hot food available at all times the establishment is open.
“Dance venue, small” means a venue where occasional, spontaneous public dancing occurs in which the area of spontaneous dancing and the performance area combined is less than one hundred fifty (150) square feet, and the dancing is not advertised and the entertainment is incidental to the approved use.
“Promoter” means any person who is directly or indirectly responsible for the promotion of a public dance as evidenced by activities such as, but not limited to, contracting with the principals, selecting entertainment, advertising or otherwise holding out the event to members of the general public, inviting participants to the event, renting or controlling the event site, or serving as a designated on-site representative while the public dance is occurring.
“Public access floor area” means the combined area within a single venue in which public dancing occurs that includes seating areas, stage, dance floor, dining areas, bar areas, reception areas, and foyers, but does not include kitchens, restrooms, storage areas, food preparation areas and busing areas.
“Public dancing” means dancing that occurs by persons (other than performers) in or upon any premises that members of the general public are admitted to, during any planned or unplanned event, as either the main purpose of the event or as an incident to some other purpose, with or without payment of a fee, charge or other consideration. (Ord. No. 2012-08 § 1, 5-21-12)
8.2 Prohibition—Public dance permit required.
(a) Dance Venues, Small. A public dance permit shall not be required for occasional, spontaneous public dancing at small dance venues that have no dedicated dance floors; provided, that such public dancing is not promoted or advertised, and provided that the dancing and performance areas combined are not larger than one hundred fifty (150) square feet.
(b) Dance Venues, Medium. Except as provided herein, no person or entity shall allow, conduct or operate public dancing in a medium dance venue without obtaining a public dance permit issued by the Gilroy police department as further provided in this chapter.
(c) Dance Venues, Large. Except as provided herein, no person or entity shall allow, conduct or operate public dancing in a large dance venue without obtaining a public dance permit issued by the Gilroy police department, as further provided in this chapter.
(d) For large dance venues, a conditional use permit and/or downtown special use permit may be required by the Gilroy Zoning Ordinance. (Ord. No. 2012-08 § 1, 5-21-12)
8.3 All dance venues—Application requirements and permit conditions.
(a) Application Requirements. All applications for public dance permits for public dancing shall include the following:
(1) Name, address and phone number of the venue for which a public dance permit is sought;
(2) Name of the primary business operating at the proposed venue (which shall be considered the applicant/permittee), and name, signature and phone number of the general manager of the business;
(3) Name, signature and phone number of the owner of the venue for which a public dance permit is sought (if different from the applicant/permittee) or the promoter of the public dance if not the owner and/or applicant;
(4) A release and waiver, in a form provided by the city and signed by the applicant and promoter, agreeing to a procedure for the Gilroy police department’s emergency suspension of public dancing at the subject venue;
(5) Payment of the fee set forth in the schedule of fees established by resolution of the city council, which may be amended from time to time; and
(6) The applicant and promoter shall have an affirmative and ongoing obligation to update and keep current the information contained in the application. Failure to keep this information current shall be grounds for revocation.
(b) Conditions. All public dance permits for public dancing at all dance venues shall be subject to the following conditions:
(1) For medium dance venues, hot food shall be made available at all times, although the selection of items on the hot food menu may be limited after 10:00 p.m.
(2) Dance venues shall close by 2:00 a.m.
(3) One-half hour prior to closing, indoor lighting levels shall be increased to a minimum of five (5) foot-candles.
(4) If alcohol is to be served, the applicant shall obtain the required license from the State Department of Alcohol Beverage Control.
(5) At all times during which public dancing is occurring, a manager and/or promoter, or other person, shall be present on the premises and shall have the authority and discretion to terminate the public dancing and close the venue in order to protect public health or safety.
(6) The public dance permit shall be revocable by the Gilroy police department if any of the foregoing conditions are not fully satisfied, if any of the information contained in the application, including any plans, is inaccurate, or as otherwise provided in this chapter.
(7) The public dance permit shall be effective for a period of one (1) year from the date of issuance.
(8) Floor plan of the venue identifying all rooms, all entrances and exits, the performance area, and the dance floor area shall be provided.
(9) Security, lighting, and parking plans shall be provided.
(10) In addition to the permit conditions listed above, all large dance venues shall have adequate parking, security cameras and security personnel, and card readers may be required.
(11) Proof of a city business license shall be required.
(c) Issuance of Permit. The Gilroy police department shall issue a public dance permit for all dance venues, when such a permit is required pursuant to this chapter, if it finds that the application, including any required conditions, plans, permits, and/or other information and signatures, is complete, that all required conditions and plans have been approved by the Gilroy police department, that the subject venue is not in violation of any other applicable local, state and federal laws, and that all required fees have been paid. Permits for large dance venues shall not be issued prior to planning commission approval of a conditional use permit or community development department approval of a downtown special use permit, as applicable. (Ord. No. 2012-08 § 1, 5-21-12)
8.4 Permit information.
All public dance permits issued under this chapter shall include the following information:
(1) Name, address and phone number of the subject venue.
(2) Name, address and phone number of the permittee.
(3) Name, address and phone number of the owner of the subject venue, if different from the permittee, or the name of the promoter.
(4) The dates the permit is to be effective.
(5) Allowable hours of public dancing.
(6) Security, parking and lighting requirements or plans, if any.
(7) A brief statement that the permit may not be transferred or assigned to any person or entity.
(8) Proof applicant completed the voluntary ABC license class. (Ord. No. 2012-08 § 1, 5-21-12)
8.5 Application and permit fees.
The city council shall set an annual, nonrefundable permit fee, which shall be included in the city’s comprehensive fee schedule established by resolution of the city council, which may be amended from time to time. The permit fee shall be submitted at the time the permit application is submitted. (Ord. No. 2012-08 § 1, 5-21-12)
8.6 Permit—Grant or denial.
(a) The chief of police or his/her designee may deny the application for a public dance permit if he/she makes any of the following findings:
(1) An applicant or promoter provided false or misleading information on the application form.
(2) An applicant or promoter failed to resubmit an application within thirty (30) calendar days of being notified that the original application submittal was deemed incomplete.
(3) The permit has not been picked up and the permit fee has not been paid within thirty (30) calendar days from the date the permit application was granted.
(4) The proposed dance venue does not meet the requirements set forth in this chapter for medium or large dance venues.
(5) Public dancing at the proposed venue would violate any local, state or federal statute, ordinance, regulation or court order.
(6) The applicant or the promoter of the proposed venue has had a previously issued public dance permit revoked within the preceding twelve (12) months.
(7) The applicant or the promoter of the proposed venue has been in violation of any provisions of this chapter within the preceding twenty-four (24) months.
(b) If the chief of police or his/her designee denies the public dance permit application, then he/she shall mail to the applicant or promoter a notice of his/her action stating the reasons the application was denied within five (5) business days of the decision. (Ord. No. 2012-08 § 1, 5-21-12)
8.7 Permit denial—Appeal.
(a) An applicant or promoter may appeal a denial of an application for a public dance permit to the city council by filing with the city clerk a written appeal and request for hearing within ten (10) business days after the date of mailing of notice by the chief of police or his/her designee that the application was denied. The appeal and request for hearing shall be in writing and shall set forth the grounds for the appeal, and the appeal fee shall be paid.
(b) The city council shall set the matter for a hearing within thirty (30) business days after the city clerk receives the applicant’s or promoter’s appeal and request for hearing.
(c) The city administrator shall not be bound by formal rules of evidence at the hearing.
(d) Within five (5) business days after the close of hearing, the city council shall render a decision setting forth the findings and reasons therefor, and said decision shall be mailed to the applicant and the owner (if different from the applicant) or the promoter at the address stated in the permit application.
(e) The city council’s decision shall be final and conclusive. (Ord. No. 2012-08 § 1, 5-21-12)
8.8 Revocation and suspension.
(a) All public dance permits shall be subject to suspension or revocation by the chief of police, or the city council on appeal, upon the occurrence of any of the following:
(1) The permittee, or its agent or employee, or promoter has violated a provision of this chapter and/or any condition of the permit.
(2) It is discovered that the permittee, or promoter, gave false or misleading information in its permit application or related materials submitted with the application.
(3) A permittee, or an agent or employee of the permittee, or promoter, has knowingly allowed possession, use or sale of controlled substances on the premises (including outside areas), or has knowingly allowed the sale or ingestion of alcoholic beverages on the premises (including outside areas), without, or in violation of, any required alcohol permit issued by the California Department of Alcoholic Beverage Control.
(4) A permittee, or an agent or employee of the permittee, or promoter, has knowingly allowed any member of the public to bring a weapon onto the premises.
(5) A permittee, or promoter, is convicted of tax violations related to a public dancing event in the city.
(6) The permittee, or promoter, has failed to obtain or maintain all other city, county, and state licenses and permits required to conduct public dancing on the premises.
(7) The permittee, or promoter, has failed to obtain or maintain all city, county, and state licenses and permits required to conduct any uses or activities that are ancillary to public dancing as required under this chapter.
(8) The public dance permit is being used to conduct an activity different from that for which it was issued.
(9) Any public dancing event created sound levels that violate the city noise control ordinance.
(10) The venue for which the public dance permit was issued has ceased to operate for three (3) months or more.
(11) Any public dancing event creating a public nuisance.
(b) Except as provided in section 8.9, Emergency suspension, a public dance permit may be suspended or revoked only after the permittee, or promoter, has been given reasonable notice and opportunity to be heard by the chief of police or his/her designee. Written notice of hearing on the proposed permit revocation or suspension, together with written notification of the specific grounds of complaint against the permittee, or promoter, shall be personally delivered or sent by certified mail to the address on the permittee’s or promoter’s permit application at least ten (10) business days prior to the hearing.
(c) The permittee, or promoter, shall be given the opportunity to present witnesses and evidence at the hearing. Within ten (10) business days after the close of hearing, the chief of police or his/her designee shall render a decision setting forth the findings and reasons therefor, and written notice of said decision shall be mailed to the permittee, or promoter, at the address stated in the permit application or to another address requested by the permittee in writing.
(d) The permittee, or promoter, may appeal a suspension or revocation decided by the chief of police or his/her designee to the city council by filing with the city clerk a written appeal and request for hearing within ten (10) business days after the date of the decision by the chief of police or his/her designee. The appeal and request for hearing shall be in writing and shall set forth the grounds for the appeal. The city council shall set the matter for a hearing within thirty (30) calendar days after the city clerk receives the applicant’s or promoter’s appeal and request for hearing.
(e) The decision of the city administrator shall be final and conclusive. The permittee, or promoter, may seek prompt judicial review of such action in any court of competent jurisdiction.
(f) No permittee, or promoter, shall allow, conduct or maintain public dancing during any period of time that a public dance permit is suspended or revoked. (Ord. No. 2012-08 § 1, 5-21-12)
8.9 Emergency suspension.
(a) Notwithstanding the provisions of section 8.8, either the police chief or the city administrator may issue an order immediately suspending a public dance permit for a period of time not exceeding ten (10) business days, without notice and without first conducting a hearing, if the city administrator or police chief determines there are exceptional circumstances such that allowing public dancing to continue poses an immediate and continuing danger or threat of danger to public health and safety. A hearing on the decision of the city administrator or police chief or their designees to issue an emergency suspension shall be held within ten (10) business days of the decision pursuant to the procedure set forth in sections 8.8(b) and (c), unless the permittee agrees to a different time. Thereafter, the appeal procedures set forth in sections 8.8(c), (d), and (e) shall apply to an emergency suspension.
(b) In the event the chief of police or city administrator suspends a public dance permit under this section, within twenty-four (24) hours of such suspension, he/she shall give the permittee, or promoter, written notice stating the reasons for such suspension, that the permittee, or promoter, has the right to a hearing within (10) business days unless a different time is agreed to by the permittee, or promoter, and that the permittee, or promoter, should contact the chief of police immediately in order to schedule a hearing.
(c) An emergency suspension under this section shall last no longer than thirty (30) calendar days. Nothing in this section shall prevent the city from initiating suspension or revocation proceedings under section 8.8.
(d) No permittee, or promoter, shall allow, conduct or maintain public dancing during any period of time that a public dance permit is suspended or revoked. (Ord. No. 2012-08 § 1, 5-21-12)
8.10 Permit—Expiration.
Any unrevoked permit issued pursuant to this chapter shall, by its own terms, expire no later than one (1) year after its issuance. (Ord. No. 2012-08 § 1, 5-21-12)
8.11 Nontransferable.
No public dance permit issued under any provision of this chapter shall be in any manner transferred or assigned to any person or entity other than the permittee, or promoter, and shall not be transferable or otherwise applicable to any venue other than the one named in the permit. (Ord. No. 2012-08 § 1, 5-21-12)
8.12 Inspection.
An applicant or permittee, or promoter, shall permit representatives of the police department, planning department, building department, the health department, the fire department, and/or any other city or county agency to inspect the premises that is the subject of a public dance permit or public dance permit application for the purpose of ensuring compliance with all laws and regulations, at any time it is occupied or open for business, regardless of whether or not a dance permit has been issued for said business under this chapter. (Ord. No. 2012-08 § 1, 5-21-12)
8.13 Conduct constituting a public nuisance and/or misdemeanor.
(a) It shall be unlawful and a misdemeanor to violate any provision of this chapter. Any building or premises used or maintained in violation of this chapter shall be declared a public nuisance and said use may be enjoined or abated as provided for by law.
(b) The city may enforce the provisions of this chapter by any of the provisions of the Gilroy City Code, which are in addition to any other remedies provided for by law. Said remedies shall be cumulative and not exclusive.
(c) Each responsible person commits a separate offense for each and every day they commit, continue or permit a violation of any provision of this chapter. (Ord. No. 2012-08 § 1, 5-21-12)
8.14 Promoter’s permit.
Any person who is directly or indirectly responsible for the promotion of public dancing, who is not the business owner as evidenced by a city business license pursuant to this chapter, shall be required to maintain a public dance permit as specified in section 8.3. For the purpose of this chapter promotion of a public dance is evidenced by activities such as, but not limited to, contracting with the principals, selecting entertainment, advertising or otherwise holding out the event to members of the general public, inviting participants to the event, renting or controlling the event site, or serving as a designated on-site representative while the public dance is occurring. (Ord. No. 2012-08 § 1, 5-21-12)
8.15 Conflicts with other provisions of this code.
In the event of any conflicts or inconsistencies between any of the provisions of this chapter and any other provisions of any other chapter(s) of the City Code, the provisions of this chapter shall control, unless to do so would be inconsistent with the stated purpose of this chapter or unless to do so would violate any applicable state or federal law. (Ord. No. 2012-08 § 1, 5-21-12)
Cross references—Security personnel for special events, Ch. 18C.