Chapter 4.24 DANCE HALLS

CHAPTER 4.24
DANCE HALLS¹

SECTION:

4.24.010: Definitions

4.24.020: License Required

4.24.030: Application For License; Investigation

4.24.040: Rules And Regulations

4.24.050: Dancing In Unlicensed Hall

4.24.060: Revocation Or Suspension Of License

4.24.010 DEFINITIONS:

As used in this chapter, the following terms shall have the meanings ascribed to them in this section:

BRIGHTLY LIGHTED:

Lighted by not less than two and one-half (2 1/2) foot-candles of illumination when measured on a horizontal plane at any place on the dance floor.

DANCE HALL:	Any place at which dances are scheduled on a regular or routine basis, averaging at least one dance per month during a twelve (12) month period, where any persons dance and where either:
	A. Such persons pay admission to each dance; provided however, this chapter shall not apply to dances where admission charges are to be used for charitable, eleemosynary, educational, religious, or social groups which do not contemplate the distribution of profits to the sponsors or to the members thereof; or
	B. Such place is connected to a licensed premises where distilled spirits or wine or beer are sold.

PERSON:

Any person, firm, partnership, or corporation. (1972 Code § 5.52.010; amd. 2003 Code)

4.24.020 LICENSE REQUIRED:

No person shall own or operate any dance hall in the city without first having obtained a license to do so from the city in the manner provided herein. (1972 Code § 5.52.020)

4.24.030 APPLICATION FOR LICENSE; INVESTIGATION:

A. Form Provided By Clerk: No license shall be issued except upon application made upon forms supplied by the city clerk.

B. Investigation: All applications shall, upon presentation to the city clerk, be referred by him/her to the chief of police for investigation and recommendation. The investigation shall determine whether the activity will violate any law of the state or any ordinance of the city, or will constitute a menace to the health, peace, safety, morals or welfare of the city.

C. Action Of Police Chief; Petition Council: No license shall be issued unless favorably reported upon by the chief of police. If the chief reports unfavorably or fails to report within ten (10) days, the applicant may petition the city council for a license upon payment of the fee therefor.

D. Hearing Upon Petition: The city council shall hold a hearing thereon within thirty (30) days of the receipt of said petition. In reaching its decision, the city council shall address all concerns and issues raised by the chief of police, if any, in his/her denial of the license application. (1972 Code § 5.52.040)

4.24.040 RULES AND REGULATIONS:

A. Rules Adopted: The following rules and regulations governing dance halls are hereby adopted:

1. They shall at all times remain brightly lighted;

2. No immoral or obscene dancing shall be permitted;

3. No dancing shall be permitted between two o’clock (2:00) A.M. and six o’clock (6:00) A.M.;

4. No intoxicated person shall be permitted to dance;

5. No intoxicating liquor shall be consumed or permitted on the dance floor; (1972 Code § 5.52.060)

6. Persons under twenty one (21) years of age shall not be permitted to attend such dances; (1972 Code § 5.52.060; amd. 2003 Code)

7. No public dance, marathon dance, or marathon walk shall be conducted where persons are employed to dance with patrons of such dance either for a fixed compensation or for a percentage of the charge made to its patrons.

B. Posting Of Rules: A copy of these rules shall be posted conspicuously on the premises at all times. (1972 Code § 5.52.060)

4.24.050 DANCING IN UNLICENSED HALL:

No persons shall dance in the city in any unlicensed dance hall. (1972 Code § 5.52.030)

4.24.060 REVOCATION OR SUSPENSION OF LICENSE:

A. Grounds For Revocation Or Suspension: Any license issued hereunder may be revoked or suspended by the chief of police for any false statement in the application or when the conduct or activity maintained is in violation of the rules of conduct prescribed in section 4.24.040 of this chapter, the laws of the state or any other applicable provision of this code, or is maintained or carried on in such a manner as to constitute a nuisance or be injurious to the public peace, health, safety or welfare.

B. Hearing: No license shall be revoked or suspended except upon a hearing given the license holder.

C. Notice: The license holder shall receive prior notice of the time and place of the hearing. The notice shall also contain a brief statement of the grounds to be relied upon for the revocation or suspension of the license.

D. Petition Council For Reinstatement: Any licensee aggrieved by the decision rendered by the hearing may petition the city council for reinstatement of the license in the same manner as provided in section 4.24.030 of this chapter. (1972 Code § 5.52.050)