4-18
DANCES AND DANCE HALLS.1
4-18.1 Definitions.
As used in this section.
Club dance shall mean any dance held by a dancing club.
Dancing club shall mean any club or association of persons which conducts dances other than public dances for its members or bona fide guests more often than once a month, at which dance a fee is charged either for admission to the dance or for dancing therein, or at which dance any collection or donation of money is made or received, or in which club the amount of dues to be paid by each member is dependent upon attendance at the dances by the member.
Private room or booth shall mean any room, booth, alcove or enclosure, every part of which is not clearly visible at all times from the main dance floor location upon the same floor upon which the private room or booth is located.
Public dance shall mean a dance conducted by any person, whether or not for profit, to which the members of the public are admitted or allowed to participate in such dancing, with or without charge, except a dance conducted by and under the supervision of the City Recreation Department.
Public dance hall shall mean a place where dancing is conducted, whether or not for profit and to which the public is admitted, either with or without charge, or a place at which the public is allowed to participate in the dancing, either with or without charge.
Tavern dance shall mean any dance conducted in a beer bar or tavern, cocktail lounge or in a cafe, coffee shop or restaurant where the public may participate in dancing with or without the purchase or consumption or service of food or beverages.
(Code 1972 §4-18)
4-18.2 Exemptions.
a. Dancing Schools. Nothing in this section shall apply to a dancing school, except when conducting a public or private dance other than regular instruction.
b. Religious, Fraternal and Charitable Dances. Nothing in this section shall apply to any dance conducted or given by any recognized religious, charitable, civic, fraternal, public school or patriotic organization of the City; provided, however:
1. That dances given principally for minors by the organizations enumerated in this subsection shall be conducted or given under proper supervision of adults.
2. As a condition precedent to conducting such a dance, the requirements of this section pertaining to the lighting of parking lots be met. (Code 1972 §4-19)
4-18.3 Minors Attending Public, Club or Tavern Dances.
a. It is unlawful for any person under eighteen (18) years of age to enter, to be in or to dance in any public dance hall, public dance, club dance, dancing club or tavern dance unless the person is accompanied to the public dance, club dance, dancing club or tavern dance by one (1) of his parents or by his guardian.
b. It shall be unlawful for any parent or guardian of a person under the age of eighteen (18) years, or for the proprietor or person in charge of any public dance, club dance, dancing club, public dance hall or tavern dance, to permit any person under the age of eighteen (18) years to enter, to be in or to dance in any public dance, club dance, dancing club or tavern dance unless the person is accompanied to the public dance, club dance, dancing club or tavern dance by one (1) of his parents or by his guardian.
c. Nothing in this subsection shall be construed as permitting a person under the age of eighteen (18) years to be in or enter a place where intoxicating beverages are sold or are offered for sale, and where the state law prohibits a minor from entering or being in any such place, whether or not accompanied by one of his parents or by his guardian.
d. Nothing in this subsection shall be construed to prevent a person under the age of eighteen (18) years from being in a bona fide hotel, cafe or other place where meals are regularly served and where a public dance is being held if the minor does not participate in the dancing and if the law of the State does not prohibit the person from entering or being in the hotel, cafe or other place or from entering or being in a particular part thereof where intoxicating liquors are sold.
(Code 1972 §4-20)
4-18.4 Dance Instruction by Persons Under Twenty-One (21).
a. It shall be unlawful for any person controlling, conducting or maintaining a public dance hall, public dance, club dance, dancing club or tavern dance to employ or permit any female under the age of twenty-one (21) years to give instruction in dancing to persons of the opposite sex.
b. It shall be unlawful for any person controlling, conducting or maintaining a public dance hall, public dance, club dance, dancing club or tavern dance to permit any instructor who is under the age of twenty-one (21) years to give instructions in dancing to persons of the opposite sex in any private room or booth in the public dance hall, club dance, dancing club or place where a tavern dance is being conducted.
(Code 1972 §4-21)
4-18.5 Promulgation of Regulations by the City Council.
The City Council may make rules governing a public dance hall, public dances, club dances, dancing clubs or tavern dances. (Code 1972 §4-22)
4-18.6 Regulations for the Conduct of Dances.
a. The following provisions shall govern conduct on premises for which a permit is issued pursuant to this section.
1. Suggestive Dancing. No vulgar or suggestive dancing shall be allowed in any public dance, dance hall, dancing club, club dance or tavern dance.
2. Smoking. Smoking is prohibited on the floor used for dancing in any public dance, dance hall, club dance, dancing hall or tavern dance.
3. Intoxicants. No drinking shall take place on the dance floor nor shall any beverage be transported thereon during the time that any such dance shall be in progress.
4. Distance from Bar. No dancing shall be permitted within ten (10') feet of any bar.
5. Area. The area accessible for dancing, whether it is a public dance hall, public dance, club dance, dancing club or tavern dance, shall contain not less than two hundred twenty-five (225) square feet nor more than eight hundred (800) square feet.
6. Delineation of Dancing Area. The dance floor area specified in each permit issued under this section shall be plainly marked and designated as a dancing area. No dancing shall be permitted in the premises except upon the dancing area thus marked and designated.
7. Restrictive Use. During all hours in which dancing is permitted by the permit issued under this section for the premises, no portion of the dancing area shall be used for any purpose other than dancing and entertainment.
8. Bringing Intoxicating Liquor on the Dance Floor. It shall be unlawful for any person to bring any intoxicating liquor to any public dance, public dance hall, club dance, dancing club or tavern dance; however, this subsection shall not apply to any person, or to any employees thereof, acting within the scope of their employment lawfully engaged in the sale or distribution of intoxicating liquor, from delivering intoxicating liquor to any such place, upon the request or at the direction of the owner or the operator.
9. Possession of Liquor at Dances Prohibited. No person, other than the owner or operator of a public dance hall, public dance, club dance, dancing club or tavern dance and his bona fide employees acting in the course of their employment, shall possess any intoxicating liquor at any public dance hall, public dance, club dance, dancing club or tavern dance unless the same has been lawfully sold, served or dispensed thereat.
10. Employee Dancing Prohibited. No employee of any person conducting or in charge of any public dance hall, public dance, club dance, dancing club or tavern dance shall regularly engage in dancing with any other person at his or her place of employment.
11. Unsocial Dancing. No person shall dance with any person of the same sex at any public dance hall, public dance, club dance or tavern dance.
b. A copy of this subsection, together with a copy of all additional rules and regulations as may be imposed by the City Council in granting a permit under this section or as imposed following the granting of the permit, shall be posted at each of the following locations of the premises for which the dance permit was issued:
1. At the inside of and within three (3') feet of each entrance and exit of the room or hall where a public dance hall, club dance, public dance, dancing club or tavern dance is operated or held.
2. On the outside of and within three (3') feet of, each entrance and exit of the room or hall where a public dance hall, club dance, dancing club, public dance or tavern dance is operated or held.
(Code 1972 §4-23; Ord. #964, §1)
4-18.7 Boisterous or Disorderly Conduct.
It shall be unlawful for the proprietor of a premises subject to this section or a permittee under this section to permit any intoxicated, boisterous or disorderly person to enter, be or remain in any public dance hall, public dance, club dance, dancing club or tavern dance or for any person to conduct himself in a boisterous or disorderly manner in a public dance hall, public dance, club dance, dancing club or tavern dance. (Code 1972 §4-24)
4-18.8 Hours When Dances are Prohibited.
It shall be unlawful for any person to conduct or operate any public dance, public dance hall, dancing club or club dance between the hours of 1:00 a.m. and 6:00 a.m. and it shall be unlawful for any persons to conduct or operate a tavern dance between the hours of 1:45 a.m. and 6:00 a.m. It shall be unlawful for any person to dance or to participate in any dance on the premises of the permittee during the hours prohibited by this subsection. (Code 1972 §4-25)
4-18.9 Lighting of Dancing Premises.
All public dance halls or places where public, club or tavern dances are held must at all times when open for dancing be lighted throughout to an intensity of not less than three (3) foot candles during all hours of operation except where a floor show or specialty dance is in progress. (Code 1972 §4-26)
4-18.10 Lighting of Parking Lot.
Each person conducting or assisting in conducting a public dance, public dance hall, club dance, dancing club or tavern dance who owns, operates or controls any parking lot adjacent to the premises where the dance is conducted, shall adequately and uniformly light the parking lot to an intensity of not less than one (1) foot candle, and each parking lot that is to be used in connection with a dance shall be lighted to an intensity of not less than one (1) foot candle. (Code 1972 §4-27)
4-18.11 Special Police Officers.
The proprietor of a premises subject to this section or a permittee under a permit issued pursuant to this section, who conducts a public dance hall, public dance, club dance, dancing club or tavern dance shall have the right to apply to the Chief of Police for the appointment of special police officers to attend a dance. The Chief of Police, whether or not the application is made shall have the discretionary power and authority to appoint special police officers to attend a public dance hall, public dance, dancing club, club dance or tavern dance during the time the dances are conducted for the purpose of maintaining order and seeing that no violation of any rules or regulations of the City Council, law of the State or any provision of this Code or other ordinance of the City is permitted. The special police officers so appointed shall be paid by the proprietor or permittee. The presence of special police officers in any public dance hall, public dance, club dance, dancing club or tavern dance shall not relieve the proprietor or any of his employees from the responsibility of any violation of any law, provisions of this Code or other City ordinance. (Code 1972, §4-28)
4-18.12 Inspection of Dances by Police Officers.
Any police officer of the City on duty, whether working in uniform or civilian clothes, shall be admitted without charge to any public dance, club dance, public dance hall, dancing club or tavern dance at any time for the purpose of inspection the conduct of those participating in the dancing and to see that the requirements of this section are being properly met. (Code 1972 §4-29)
4-18.13 Permit Required.
a. It shall be unlawful for any person to conduct or assist in conducting or operating any public dance hall, dancing club, club dance, public dance or tavern dance in the City without first obtaining a written permit issued in accordance with the provisions of Section 4-8 of Chapter 4 of this Code.
b. Any person conducting or assisting in conducting or operating a public dance hall, public dance, club dance or tavern dance in territory recently annexed to the City, under and by virtue of a permit or license given to that person by the County, which license or permit has not been revoked or suspended, may continue to conduct or operate the public dance hall, public dance, club dance, dancing club or tavern dance under the authority given him by the County until final action has been taken by the City Council upon the application by the person for a permit required by paragraph a., under the provisions of this section.
(Code 1972 §4-35; Ord. #1140, §3)
Cross references: Occupational licensing of dance hails and dancing clubs, subsection 4-7.9; regulatory permit for dance halls and dancing clubs, subsection 4-4.8d.