Chapter 5.32
CAFE DANCES*
Sections:
5.32.020 Permit Required for Cafe Dance.
5.32.030 Dance Floor Area Minimum Size.
5.32.035 Restricted Hours of Operation.
5.32.040 Application for Permit.
5.32.050 Issuance of Permit—Investigation.
5.32.060 Revocation of Permit.
5.32.070 Appeals and Calls for Review.
5.32.110 Licenses and Fees Not Exclusive.
* Public dancing hours—See Chapter 11.02.
5.32.010 Definitions.
Cafe Dance. The term “cafe dance” shall mean any dance which is open to the public without the payment of an admission fee, which is conducted in a restaurant, cafe, night club, bar, coffee house, or other place where food or beverages are sold for consumption on the premises.
Dance Hall. The term “dance hall” shall mean a place open to the public upon payment of an admission fee where music is provided and people are allowed to dance.
Private Dance. The term “private dance” shall mean a dance which is limited to those persons individually invited and for which no admission charge is made, or a dance conducted by a bona fide club, church, society or association having an established membership when admission to the dance is not open to the public generally, but is limited to members and their guests. (Ord. 2023-22 § 277, 2023; Ord. 1053 (part), 1963: 1949 Code § 4300)
5.32.020 Permit Required for Cafe Dance.
No person shall conduct, allow or permit a cafe dance on any premises under his ownership, management or control without first having obtained a permit from the City Manager as hereinafter provided. (Ord. 1053 (part), 1963: 1949 Code § 4302)
5.32.030 Dance Floor Area Minimum Size.
No cafe dance permit shall be issued for any establishment having less than the following prescribed area set aside and reserved exclusively for dancing, such area to be exclusive of hallway space:
A. Two hundred (200) square feet of dance floor where the seating capacity is not more than fifty (50) persons.
B. Three hundred (300) square feet of dance floor where the seating capacity is not more than seventy-five (75) persons.
C. Four hundred (400) square feet of dance floor where the seating capacity is in excess of seventy-five (75) persons. Provided, however, that such permit may be issued where less space is available upon an affirmative finding by the City Manager or by the City Council, as the case may be, that the area reserved for dancing is separate from the general seating of the patrons and the physical arrangement of the establishment in other respects is such that the lesser space would provide adequate room for dancing. (Ord. 1053 (part), 1963: 1949 Code § 4303)
5.32.035 Restricted Hours of Operation.
No person shall operate, or permit the operation of, a cafe dance or dance hall between the hours of 2:00 a.m. and 6:00 a.m. (Ord. 89-21 § 1, 1989)
5.32.040 Application for Permit.
Applications for cafe dance permits shall be filed with the City Manager on forms supplied by the City, together with an application fee as established by resolution of the City Council. The application shall be signed and verified by the applicant and shall contain such information as may be deemed necessary by the City Manager. The City Manager may require that the applicant be fingerprinted. (Ord. 1738 § 9, 1977: Ord. 1676 § 5, 1976: Ord. 1620 § 7, 1975: Ord. 1568 § 7, 1974: Ord. 1053 (part), 1963: 1949 Code § 4304)
5.32.050 Issuance of Permit—Investigation.
Upon receiving an application for a cafe dance permit, the City Manager shall cause an investigation to be made of the applicant and his employees and the place where the cafe dance is to be held. If the City Manager determines that the applicant and those persons associated with him in the conduct of the business are of good moral character, that the place where the cafe dance is to be presented is suitable for dancing, and that the granting of such permit will not be detrimental to the public safety and welfare, he shall issue a nontransferable permit for such cafe dance. If the City Manager determines that the application does not satisfy the requirements, he shall deny the application. If the application is denied, the applicant shall be notified in writing of such denial and of his right of appeal to the City Council. Service of the notice may be made by personal service or by registered mail. If service is made by mail, it shall be deemed complete upon deposit of the letter in the United States Post Office directed to the applicant at his latest address appearing on the application. (Ord. 1053 (part), 1963: 1949 Code § 4305)
5.32.060 Revocation of Permit.
The City Manager may revoke any permit issued under the provisions of this chapter on any of the following grounds:
A. The permittee has ceased to meet any of the requirements for issuance of a permit;
B. The establishment for which the permit was issued is being operated in an illegal or disorderly manner;
C. Music or noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood;
D. The permittee or any person associated with him as principal or partner, or in a position or capacity involving total or partial control over the establishment for which the permit was issued, has been convicted of a criminal offense involving moral turpitude. (Ord. 1053 (part), 1963: 1949 Code § 4306)
5.32.070 Appeals and Calls for Review.
If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing by registered mail of the time and place set for hearing of the appeal or a call for review. The City Council at its next regular meeting held not less than five (5) days from the date on which such appeal or call for review shall have been filed with the City Clerk shall hear the appeal or call for review and all relevant evidence. The City Council may sustain, overrule or modify the action of the City Manager, and the decision of the City Council shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5.
The right to appeal to the City Council from the denial, suspension or revocation of any permit required by this chapter or call an item for review shall terminate upon the expiration of fifteen (15) days following service, in the manner provided in Section 1.08.080, of the notice advising the applicant of the action of the City Manager and of the right to appeal such action to the City Council. (Ord. 2023-22 § 278, 2023; Ord. 2015-9 § 6, 2015: Ord. 1053 (part), 1963: 1949 Code § 4307)
5.32.090 Prohibited Dancing.
It shall be unlawful for any person to dance in any establishment which does not hold a cafe dance permit as required by this chapter after being ordered to refrain from dancing by the owner, lessee, manager or other person in charge of such establishment or by any police officer. (Ord. 1053 (part), 1963: 1949 Code § 4309)
5.32.100 Exceptions.
This chapter shall not apply to dance halls or private dances as defined in Section 5.32.010. (Ord. 1053 (part), 1963: 1949 Code § 4301)
5.32.110 Licenses and Fees Not Exclusive.
Fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. (Ord. 1053 (part), 1963: 1949 Code § 4310)