Chapter 5.24
DANCES
Sections:
5.24.010 Public dance defined.
5.24.020 Permit – Required.
5.24.030 Exemptions.
5.24.040 Permit – Application requirements.
5.24.050 Permit – Floor space required.
5.24.060 Permit – Grant or denial – Police Chief authority.
5.24.070 Permit – Contents – Transferability.
5.24.080 Posting of permit and regulations.
5.24.090 Dance regulations.
5.24.100 Permit – Revocation conditions.
5.24.110 Appeal.
5.24.010 Public dance defined.
“Public dance” means a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose for such gathering, or as an incident to some other purpose, and to which premises the public may gain admission, with or without payment of a fee. (1960 code § 7A.1)
5.24.020 Permit – Required.
Prior to permitting, allowing or providing premises for the opening, conducting or carrying on of a public dance, a permit shall be obtained from the Chief of Police pursuant to the provisions of this chapter. An annual permit may be issued for a continuing series of public dances, or a permit may be issued for a specified date or dates. (Ord. 2065 § 1(A), 2018; 1960 code § 7A.2)
5.24.030 Exemptions.
No license shall be required for a dance held on public property, including educational or recreational premises, where public officials acknowledge sponsorship of the dance in writing. (1960 code § 7A.3)
5.24.040 Permit – Application requirements.
At least 15 days prior to the date on which the dance is to be held, a written application, verified by the owner of the premises or lessee thereof, if any, shall be presented to the Chief of Police. The application shall be accompanied by a permit fee, the amount of which shall be set by resolution in an amount to cover the actual costs of administration. The permit fee is not refundable.
The application shall contain the following information:
A. The name and residence address of the applicant or applicants, owner or lessee, if any. If any applicant is a partnership, the names and residence addresses of the partners; if any applicant is an association, the names and residence addresses of the officers; if any applicant is a corporation, the names and residence addresses of the officers and directors;
B. The name and address of the place for which the permit is desired or at which any dance is to be or dances are to be held;
C. The number, dates, and hours of dances to be held under the permit;
D. The age group or age restrictions of participants;
E. A sketch or outline, with approximate measurements, showing the location and size of the dance area with respect to any counter or bar, or stools in connection therewith, and showing the size of the dance area;
F. The name and residence of the proprietor, operator, or other person in charge if other than the lessee or owner;
G. Whether alcoholic beverages are to be sold or served. (Ord. 2065 § 1(A), 2018; Ord. 1183 § 4, 1985; Ord. 1162 § 4, 1984; 1960 code § 7A.5)
5.24.050 Permit – Floor space required.
No permit shall be issued for the conduct of a public dance for any premises having less than 120 square feet designated for dancing, or whose dancefloor is within five feet of any counter or bar, or stools in connection therewith. (1960 code § 7A.4)
5.24.060 Permit – Grant or denial – Police Chief authority.
The Chief of Police shall grant or deny the permit after causing an investigation of the application to be made. In making his determination, the Chief of Police shall consider any fact bearing on the suitability of the premises for a public dance, including a determination that the premises are in conformance with the requirements of Title 19 of the California Administrative Code and the Uniform Building Code for a public assembly; the character, reputation and moral fitness of those who will be in charge of the public dance; and the other facts set forth in the application. In the event the Chief of Police finds the granting of a permit could endanger the public peace, health or safety, he shall deny the application. The Chief of Police shall, based upon his investigation and the standards set forth herein, impose such conditions on the permit as are necessary for the protection of the public peace, health and safety, including additional police protection to be paid for in advance by the permittee. (Ord. 2065 § 1(A), 2018; 1960 code § 7A.6)
5.24.070 Permit – Contents – Transferability.
Any permit issued under this chapter may not be assigned, transferred or loaned, and shall state that it is subject to revocation and the premises are subject to closing. (1960 code § 7A.10)
5.24.080 Posting of permit and regulations.
A copy of this chapter and the permit shall be posted in a conspicuous place on the premises at all times during the public dance. (1960 code § 7A.11)
5.24.090 Dance regulations.
The following regulations shall be a condition of any permit:
A. The premises on which any public dancing is being conducted shall be well-lighted. “Well-lighted” means no less than one footcandle at floor level.
B. No disorderly conduct or behavior shall be permitted.
C. No person under the influence of intoxicating liquor, drugs or narcotics shall be admitted or permitted to remain in or upon the premises.
D. At all times during the holding of any dance, all doors leading from or opening into the place where the dance is held are to remain unlocked, unbarred, unfastened, and unobstructed. (1960 code § 7A.9)
5.24.100 Permit – Revocation conditions.
In the event any public dance is conducted in violation of this chapter or any law, the Chief of Police or his representative may revoke the permit and stop any dance in progress. (Ord. 2065 § 1(A), 2018; 1960 code § 7A.7)
5.24.110 Appeal.
In the event of any application denial or permit revocation, the aggrieved party may appeal the denial of the application or revocation of the permit in accordance with the provisions of Chapter 1.22 LMC. (Ord. 2052 § 1(I), 2017; 1960 code § 7A.8)