CHAPTER 4.28
PUBLIC DANCES1
SECTION:
4.28.030: Application For Permit
4.28.050: Permit Issuance Or Denial; Conditions; Fees
4.28.060: Appeal From Application Denial Or Conditions Imposed
4.28.070: Payment Of License Fees
4.28.080: Permit Nontransferable
4.28.100: Suspension Or Revocation Of Permit; Appeal; Procedure
4.28.130: Underage Persons Restricted
4.28.150: Conduct Of Dance In Violation Of Law
4.28.010 DEFINITIONS:
As used in this chapter, the following terms shall have the meanings ascribed to them in this section:
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CHIEF OF POLICE: |
The chief of police of the city or his duly authorized representatives. |
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PERSON: |
Includes every person, club, firm, association or corporation conducting a public dance, or permitting public dances to be conducted under their auspices, and includes the principals, agents, officers and employees thereof. For the purpose of this chapter, the singular includes the plural and the masculine includes the feminine and neuter, and vice versa. |
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PUBLIC DANCE: |
Includes every dance to which the public is admitted, provided the term shall not apply to any dance given in a public school by any of the classes thereof. (1972 Code § 9.24.010) |
4.28.020 PERMIT REQUIRED:
It is unlawful for any person to permit any public dance to be held in any hall, room, or place in the city without first obtaining a permit therefor from the chief of police. (1972 Code § 9.24.020)
4.28.030 APPLICATION FOR PERMIT:
Before any permit to conduct a public dance is issued, an application in writing shall be filed with the chief of police for approval or disapproval thereof. The application shall set forth:
A. The name and address of the applicant;
B. The name and address of the person to be in immediate charge of the dance;
C. The date(s) and locations of the dance(s);
D. A statement as to whether the dance is charitable or of a profit making nature;
E. The anticipated number of persons who will attend the dance;
F. Such other information as may be required by the chief of police to assist him in approving or disapproving a permit. (1972 Code § 9.24.030)
4.28.040 INVESTIGATION:
Before approving or disapproving an application, the chief of police shall determine whether the proposed public dance 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. In reaching this determination, the police chief’s inquiry shall include, but not limited to, the following matters:
A. Whether the applicant has suffered a prior conviction for a violation of any of the provisions of this chapter and/or suspension or revocation of a permit previously issued pursuant to this chapter;
B. Whether the proposed premises is suitable, proper and adequate for the proposed dance. Said inquiry shall include a determination of whether the proposed premises is in compliance with all relevant laws relating to fire prevention and safety, and where applicable, the licensing requirements pursuant to chapter 4.04 of this title. (1972 Code § 9.24.040)
4.28.050 PERMIT ISSUANCE OR DENIAL; CONDITIONS; FEES:
A. Police Chief Determination; Conditions:
1. If, after a consideration of the factors set forth in section 4.28.040 of this chapter, the chief of police determines that the proposed public dance is in conformance with all applicable state laws and city ordinances, and will not constitute a menace to the health, peace, safety, morals or welfare of the city, he/she shall approve the application; otherwise the chief of police shall disapprove the application.
2. The chief of police is authorized and directed to impose such conditions upon his approval of the application and the issuance of the permit as he deems necessary to protect the health, safety, and general welfare of the community and persons attending the dance. Such conditions may include the carrying of public liability insurance, employment of special police approved by the chief of police, and the deposit with the city clerk of a sum of money sufficient to guarantee the proper policing of the location after the dance.
B. Notice Of Decision: The chief of police shall provide the applicant with written notice of his decision on the application. The written notice shall be personally served on the applicant or shall be mailed by first class mail, postage prepaid, addressed to the applicant at the address shown on the application.
C. Payment Of Fee; Permit Issuance: Upon approval of an application, and compliance by the applicant with any conditions imposed thereon, and payment by the applicant of any permit fees established by resolution of the city council, for said dance, the chief of police shall issue the permit. (1972 Code § 9.24.050)
4.28.060 APPEAL FROM APPLICATION DENIAL OR CONDITIONS IMPOSED:
A. Notice Of Appeal; Council Action:
1. Any person whose application has been disapproved, or who is aggrieved by any condition imposed upon the approval of his application, shall have the right to appeal to the city council by filing a written notice of appeal with the city clerk within five (5) days after the receipt of the written notice of decision of the chief of police.
2. The city council shall act upon the appeal within thirty (30) days after receipt of the written notice of appeal, and its decision shall be final.
B. Council Decision; Notice To Applicant: The city council may affirm, reverse or modify the decision appealed. In acting on the appeal, the city council shall address all concerns and issues raised by the chief of police in his/her written notice denying the application, and shall produce a written notice of decision which articulates the basis for the council’s action. The city clerk shall, as soon thereafter as is reasonably practicable, cause the notice of decision of the city council to be served on the appellant in the manner prescribed in section 4.28.050 of this chapter for service of a notice of decision on an application for a permit. (1972 Code § 9.24.060)
4.28.070 PAYMENT OF LICENSE FEES:
Upon the granting of any permit provided for by this chapter, no public dance shall be conducted until any and all license fees required by chapter 4.04 of this title have been paid in full. (1972 Code § 9.24.070)
4.28.080 PERMIT NONTRANSFERABLE:
No permit granted pursuant to the provisions of this chapter shall be transferable or assignable. (1972 Code § 9.24.080)
4.28.090 DURATION OF PERMIT:
Every permit to conduct a public dance under the provisions of this chapter shall expire upon the passage of the scheduled date of the public dance, as stated on the dance permit application, unless such permit is sooner revoked as provided in this chapter. (1972 Code § 9.24.090)
4.28.100 SUSPENSION OR REVOCATION OF PERMIT; APPEAL; PROCEDURE:
A. Right To Suspend Or Revoke; Notice: The chief of police shall have the right to suspend or revoke any permit granted pursuant to the provisions of this chapter for any violation of any of the provisions of this chapter and shall provide the permittee with written notice of the suspension or revocation, indicating the reason therefor, by service of a copy of the notice upon the permittee in the manner prescribed by section 4.28.050 of this chapter for service of a notice of decision on an application for a permit.
B. Appeal To Council:
1. The permittee shall have the right to appeal the decision of the chief of police to the city council, by filing with the city clerk, within five (5) days after receipt of the notice of suspension or revocation, a written notice of appeal.
2. At its next regular meeting after receipt of such notice of appeal, the city council shall fix the time and place for hearing the appeal, which shall be heard not less than ten (10) days nor more than thirty (30) days thereafter.
C. Testimony, Evidence: At the time of the hearing on the appeal, the city council shall take such testimony and other evidence necessary to its determination of the matter, and its decision thereon shall be final.
D. Council Action; Notice Of decision:
1. The city council may affirm, reverse or modify the decision appealed. In acting on the appeal, the city council shall address all concerns and issues raised by the chief of police in his/her written notice of suspension or revocation, and shall produce a written notice of decision which articulates the basis for the council’s action.
2. The city clerk shall, as soon thereafter as is reasonably practicable, cause a notice of decision of the city council to be served on the appellant in the manner prescribed in section 4.28.050 of this chapter for service of a notice of decision on an applicant for a permit. (1972 Code § 9.24.100)
4.28.110 HOURS OF OPERATION:
It is unlawful for any person to conduct a public dance between two o’clock (2:00) A.M. and six o’clock (6:00) A.M., and it is unlawful for any person to participate in or be present at a public dance between these hours. (1972 Code § 9.24.110)
4.28.120 RULES AND CONDUCT:
A. Rules Enumerated: The following rules and regulations pertain to all public dances authorized by this chapter:
1. All places for which a dance permit has been granted shall be brightly lighted during the hours said dance is being conducted therein. So called "shadow dances" and "moonlight dances" are prohibited.
2. No immoral or obscene dances or dancing shall be permitted.
3. No entertainment of a lewd or immoral character shall be given in any dance hall. Entertainers shall not dance lewd or suggestive dances, use obscene language, or sing songs of lewd or obscene character.
4. It is unlawful for any person conducting a public dance to admit or permit to remain in or about the place where a public dance is being conducted any person engaging in lewd, dissolute or disorderly conduct. (1972 Code § 9.24.120)
B. Regulations; Posting Required: Every person conducting a public dance shall keep posted conspicuously in a hall or room wherein such a dance is being conducted, and in all the dressing rooms or other rooms connected therewith, a copy of the rules hereinafter set forth, printed in eighteen (18) point black face type. The rules shall be kept posted during the entire time that the dance is being conducted and shall be in words and figures as follows:
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PUBLIC DANCE ORDINANCE |
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Rules For Public Dance Halls |
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1. No person under eighteen years of age shall be allowed to attend a public dance after ten o’clock P.M. unless accompanied by his or her parent or legal guardian, or by some adult bearing written consent of his or her parent or legal guardian, nor shall any person under eighteen years of age be allowed to participate in a public dance where intoxicating liquors are sold or dispensed in connection therewith or upon the same premises. |
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2. No vulgar or suggestive dancing shall be allowed and no profane language or disorderly conduct shall be permitted. |
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3. It shall be unlawful to conduct a public dance at which any person is to or does receive, directly or indirectly, compensation in any form for participating in any type of dancing, except floor shows and exhibition dancing which otherwise meet the requirements of city code chapter 4.28. |
(1972 Code § 9.24.150)
4.28.130 UNDERAGE PERSONS RESTRICTED:
A. Parent Or Guardian Required; False Misrepresentation:
1. It is unlawful to admit or permit to remain in or about the place where a public dance is being conducted after ten o’clock (10:00) P.M., any person under eighteen (18) years of age unless such person is accompanied by his parent or legal guardian, or by some adult bearing written consent of his parent or legal guardian, and it is unlawful for any such person to attend a public dance unless so accompanied.
2. It is unlawful for any person to make any false statement as to his or her age or the age of any other person for the purpose of obtaining admission to a public dance.
B. Intoxicating Liquors: It is unlawful for any person conducting a public dance, where intoxicating liquors are sold or dispensed in connection therewith, or upon the same premises, to permit, suffer or allow any person under eighteen (18) years of age to participate in such public dance. (1972 Code § 9.24.130)
4.28.140 TAXI DANCES:
It is unlawful to conduct a public dance at which any person is to or does receive, directly or indirectly, compensation in any form, for participating in any type of dancing, excepting floor shows and exhibition dancing which otherwise meet the requirements of this chapter. (1972 Code § 9.24.140)
4.28.150 CONDUCT OF DANCE IN VIOLATION OF LAW:
It is unlawful for any person to conduct any public dance on any premises used in whole or in part for the conduct of any business, or the performance of any acts, declared unlawful by federal or state law. (1972 Code § 9.24.160)
See also chapter 4.24 of this title.