Chapter 5.12 DANCES AND DANCEHALLS

A. “Alcoholic beverage” means an alcoholic beverage, or beverages, as that term is defined in the Alcoholic Beverage Control Act, California Statutes of 1935, page 1123, as amended.

B. “Public dance” means any such dance held or given in any place not a private residence or home.

C. “Public dancehall” means any room, place, or space, except a private residence or home, where dancing is carried on or permitted. (Ord. 29 § 1, 1981; CC § 21.201)

5.12.020 Exception to application of article.

The requirements of this article are not applicable to any City park which closes at or before 9:00 p.m. (Ord. 29 § 1, 1981; CC § 21.201.5)

5.12.030 License – Procedure.

The procedure to follow, except as otherwise provided in this article, in obtaining a license is that set forth in the uniform licensing procedure, set out in Chapter 5.04 PMC. (Ord. 29 § 1, 1981; CC § 21.202)

5.12.040 License – Required for each location.

No license issued pursuant to the terms of this article shall authorize the conducting, operating or carrying on of the licensed business save at a single location and upon individual premises as described in said license. (Ord. 29 § 1, 1981; CC § 21.203)

5.12.050 License – Classifications.

For the licensing purposes of this article, premises or establishments whereon or wherein any public dancehall or public dance is maintained, conducted, carried on or permitted, are classified and required to be licensed as follows:

A. A class “A” license shall be required where there is daily or nightly dancing.

B. A class “B” license shall be required where there is dancing not to exceed three days or nights in any calendar week.

C. A class “C” license shall be required when dancing is conducted one night or one day only.

D. A class “D” license shall be required where dancing is conducted in a bona fide club; the term “club” as used in this subsection means and includes only corporations or associations created by competent authority, which are the owners, lessees or occupants of premises operated solely for objects of national, social, fraternal, patriotic, political, or athletic nature, membership in which is by application, and for which regular dues are charged, and the advantages of which said club belong to all members, and the operation of which is not primarily for pecuniary gain. (Ord. 29 § 1, 1981; CC § 21.204)

5.12.060 License – Denial – Additional reasons.

In addition to the reasons stated in the uniform licensing procedure, set out in Chapter 5.04 PMC, the Issuing Officer shall have the power to deny any application if it appears that the applicant, or the person to have direct management of the premises, is not a suitable or proper person to carry on the business for which the license is sought, or if the premises proposed to be used in the conduct of the business to be licensed shall be deemed not to be a suitable or proper place therefor, or if the protests and objections of private residents in the immediate vicinity of the premises proposed to be licensed, or if the health, welfare or public morals of the community, warrant such denial. The Issuing Officer may allow the license upon such conditions as he determines would cure the situations which would otherwise result in denial of the license. (Ord. 29 § 1, 1981; CC § 21.209)

5.12.070 License – Expiration.

All class “C” licenses shall expire at 2:00 a.m. of the calendar day following the date of issue. Applicants may state in their applications the date on which they desire to have the license issued. Such license shall not be renewed, but a new application must be filed with the Issuing Officer to obtain a new license. (Ord. 29 § 1, 1981; CC § 21.211)

5.12.080 License – Fees.

The fees for licenses issued pursuant to the terms of this article shall be payable in advance, and for several types of classes of license provided in this article the fees shall be established by City Council resolution from time to time. (Ord. 683 § 4, 2008; Ord. 29 § 1, 1981; CC § 21.212)

5.12.090 Size of dance floor.

It is unlawful for any person to carry on, or conduct, or assist in carrying on, maintaining or conducting any public dancehall or dance in connection with any business or place where alcoholic beverages are sold or served, in any room, place or space which does not contain a floor space allocated to dancing. (Ord. 29 § 1, 1981; CC § 21.215)

5.12.100 Management change reported.

In the event that any licensee desires to change the individual designated in the license as the person to have direct management of the licensed premises he shall forthwith notify the Licensing Officer, proposing the name of the person to be substituted in the management and control of the licensed premises. The person so proposed shall be investigated by the Licensing Officer. If such a person is of satisfactory character, the Licensing Officer may consent to such changes. In the event that such person is not of satisfactory character, the license may be suspended by the Licensing Officer, in his discretion, pending the proposal of some other person of satisfactory character. (Ord. 29 § 1, 1981; CC § 21.216)

5.12.110 Minors prohibited if liquor present.

It is unlawful for any owner, proprietor, manager, or the person in charge of any place licensed under the provisions of this article, or for any employee of such place at any time when alcoholic beverages are actually on sale or are being offered free in said place, to harbor, admit, receive or permit to be in, or remain in or about such place during the time when dancing is actually being carried on or conducted or permitted, any person under the age of 21 years unless such person is accompanied by his or her parent, spouse, or legal guardian; provided, however, that the forgoing provisions shall not prohibit the entry of such persons into any dining room located in or upon premises occupied by an inn or hotel of 20 or more rooms and actually maintained and operated as a bona fide part of such hotel business; provided, however, that nothing in this article shall be construed so as to prevent minors from attending any public dance or being in any public dancehall or place where alcoholic beverages are not sold or given away, and; provided further, that nothing in this article shall be construed to prevent the holder of any license issued under this article from closing his bar and permitting minors to dance in such hall or place during such time as no alcoholic beverages are on sale or offered without charge therein. In the event that any place or hall licensed under this article is used for a public dance at which minors are allowed to attend, all alcoholic beverages must be under lock and key so that no person except the owner or his agent shall have access thereto. (Ord. 29 § 1, 1981; CC § 21.217)

5.12.120 Minors under 18.

Notwithstanding the provisions of PMC 5.12.110 or any other provisions of this code, no person under the age of 18 years shall attend any place or hall licensed under this article to be used for a public dance unless said person is accompanied by his or her parent, spouse, or legal guardian. (Ord. 29 § 1, 1981; CC § 21.217.1)

5.12.130 Misrepresenting minor’s age unlawful.

It is unlawful for any person under the age of 21 years falsely to represent himself or herself as being of the age of 21 years or more for the purpose of obtaining admission to any premises licensed under the provisions of this article. (Ord. 29 § 1, 1981; CC § 21.218)

5.12.140 Persons to be excluded from premises.

A. It is unlawful for the owner, proprietor, manager or person in charge of any place licensed under this provisions of this article, or for any employee of such place, to harbor, admit, receive, or permit to be on or remain in or about such place, any intoxicated or boisterous person, or any person whose presence or conduct tends to corrupt the morals of any other persons present, or whose conduct or presence tends to create a violation of any of the provisions of this article.

B. It is unlawful for any of the following persons to be or remain in or about any place licensed under the provisions of this article:

1. Any lewd or dissolute person of either sex;

2. Any drunken or boisterous person or any person whose conduct while present in said place tends to create violation of any of the provisions of this code, or of any law of the State, or which tends in any way to corrupt the good morals of any person or persons attending said dancehall, or in any way interferes with the proper management and control of said dancehall. (Ord. 29 § 1, 1981; CC § 21.219)

5.12.150 Obscenity prohibited.

Boisterous conduct and profanity is unlawful in dancehalls, in the hallways leading thereto, and in the immediate vicinity of the premises licensed under the provisions of this article. It is unlawful for any person in such dancehalls to engage in any dance of an immoral, obscene or vulgar character or to conduct himself or herself in an immoral, obscene or vulgar manner in such dancehalls. (Ord. 29 § 1, 1981; CC § 21.220)

5.12.160 Restricted hours for music and dancing.

It is unlawful to provide or permit any music, dancing, or entertainment in or about any premises licensed under the provisions of this article between the hours of 2:00 a.m. and 11:00 a.m. (Ord. 29 § 1, 1981; CC § 21.222)

5.12.170 Sanitation requirements.

No license shall be granted under the provisions of this article unless the hall or place in which said dance is to be held shall comply with this code and regulations of the City. The holder of such license shall keep such dancehall, hallways leading thereto, and the immediate vicinity in a clean and sanitary condition at all times, and have all stairways, hallways, other passages, and rooms connected with such dancehall at all times open, adequately lighted and properly ventilated. (Ord. 29 § 1, 1981; CC § 21.223)

5.12.180 Enforcing agent required on premises.

It shall be the duty of every owner, lessee, proprietor, manager or occupant of any hall, room, building or place licensed under the provisions of this article to have present at all times, when dancing is carried on in such hall, room, building or place, a qualified person or persons whose duty it shall be to see that the provisions of this article are lawfully carried out; provided, that the foregoing shall not apply where dancing is carried on or permitted under a class “D” license as defined in this article, and where no alcoholic beverage is sold, served or consumed on the premises so licensed. (Ord. 29 § 1, 1981; CC § 21.224)

5.12.190 Admittance of peace officers.

Any peace officer of the City or the State, or any officer of the United States Government charged with the duty of enforcing the public laws of the United States Government, shall have free access at all times to any dancehall licensed under the provisions of this article. (Ord. 29 § 1, 1981; CC § 21.225)

5.12.200 Revocation of license.

For any violations of the provisions of this article or for any cause by it deemed sufficient, the Licensing Officer may at any time, by resolution, suspend or revoke any license under the terms of this article. (Ord. 29 § 1, 1981; CC § 21.226)

Article II. Teenage Dances

5.12.210 Legislative intent.

It is the intent of the City Council in enacting this article to prescribe the exclusive procedure for the licensing of public dances attended by persons 14 or more years of age but under 19 years of age. (Ord. 29 § 1, 1981; CC § 21.250)

5.12.220 Definitions.

Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this article:

A. “Adult” means any person 21 years of age or over.

B. “Adult sponsoring group” means a nonprofit organization, one of whose objectives is to sponsor, regulate and control youth activities and child welfare, and which assumes full and complete responsibility for the direction of a teenage dance.

C. “Police” or “policeman” includes any private police officer, any peace officer, whether on-duty or off-duty, reserve deputy or special deputy, employed by any public agency or political subdivision.

D. “Private teenage dance” means a closed dance for members of an organization and their invited guests.

E. “Teenage” means any person 14 or more years of age but under 19 years of age.

F. “Teenage dance” means a dance attended by a teenage person unaccompanied by his parent or guardian.

G. “Youth service organization” includes any bona fide organization whose primary purpose is to provide moral or spiritual development, education, or recreation for teenagers. (Ord. 123 § 2, 1984; Ord. 29 § 1, 1981; CC § 21.251)

5.12.230 Permit.

The procedure to follow, except as otherwise provided in this article, in obtaining a permit is that set forth in the uniform licensing procedure set out in Chapter 5.04 PMC. (Ord. 29 § 1, 1981; CC § 21.252)

5.12.240 Permit – Classifications.

The Issuing Officer may issue the following classes of teenage dance permits:

A. A class “A” permit which is issued for a period of one calendar year.

B. A class “B” permit which is issued for one day or one night only. (Ord. 29 § 1, 1981; CC § 21.253)

5.12.250 Permit – Fees.

The fees for permits issued under this article shall be payable to the Issuing Officer in advance, and for the several classes of permits provided in this section the fees shall be established by City Council resolution from time to time. (Ord. 683 § 5, 2008; Ord. 29 § 1, 1981; CC § 21.255)

5.12.260 Exception.

The provisions of this article shall not apply to any teenage dance conducted or sponsored:

A. By any agency or department of any City, political subdivision, school district, or other governmental agency;

B. In a private home;

C. By any recognized youth service organization for its members and guests only; provided, that the guests shall not exceed the number of members present. (Ord. 29 § 1, 1981; CC § 21.256)

5.12.270 Additional reasons for denial of application.

In addition to the reasons stated in the uniform licensing procedure, the Issuing Officer shall not issue a permit if the applicant has had a permit revoked within one year prior to the date of application; or if the place or premises where the teenage dance is to be held do not violate this code or the ordinances of the City, or the laws of the State and that the dance will not be contrary to the public health, morals, peace, welfare or safety. The Issuing Officer may issue a permit under any conditions which it deems reasonably necessary for the protection of the public health, welfare, morals or safety. (Ord. 29 § 1, 1981; CC § 21.257)

5.12.280 Expiration and renewal.

A permit issued pursuant to PMC 5.12.240(B) shall expire at midnight of the date for which issued. Such permit shall not be renewed, but a new application must be filed with the Issuing Officer to obtain a new permit. (Ord. 29 § 1, 1981; CC § 21.259)

5.12.290 Supervision and lighting of hall.

All places where teenage dances are held shall be adequately chaperoned and supervised and adequately lighted at all times when open for dancing and the intensity of illumination shall not be less than one foot-candle in all parts of the building and premises accessible to participants. (Ord. 29 § 1, 1981; CC § 21.261)

5.12.300 Lighting of parking area.

All off-street parking facilities made available for participants of a teenage dance shall be adequately lighted and supervised. (Ord. 29 § 1, 1981; CC § 21.262)

5.12.310 Attendance.

No minor admitted to a teenage dance shall be permitted to leave and thereafter reenter the dancing premises during the course of the dance. (Ord. 29 § 1, 1981; CC § 21.263)

5.12.320 Use of alcoholic beverages prohibited.

No alcoholic beverages shall be sold, consumed or be available on the premises, in or about which any teenage dance is held. Admission to a teenage dance shall be denied to any person who is or has been drinking any alcoholic beverages or who has any alcoholic beverage on his person. (Ord. 29 § 1, 1981; CC § 21.264)

5.12.330 Time limit for dances.

All teenage dances shall be closed and premises cleared of participants on or before the hour of 12:00 midnight. (Ord. 29 § 1, 1981; CC § 21.265)

5.12.340 Obscenity prohibited.

Boisterous conduct and profanity is unlawful in the premises where the teenage dance is held, in the hallways leading thereto, and in the immediate vicinity of such premises. It is unlawful for any person at such teenage dance to engage in any dance of an immoral, obscene or vulgar character or to conduct himself or herself in an immoral, obscene or vulgar manner. (Ord. 29 § 1, 1981; CC § 21.266)

5.12.350 Participation of adults prohibited.

A person of 19 years of age or over shall not attend any teenage dance as a participant except that a male of 19 years of age may accompany a female teenager to a teenage dance and participate in such dance. (Ord. 29 § 1, 1981; CC § 21.267)

5.12.360 Loitering.

No person, other than a participant at a teenage dance or member or employee of the sponsoring group, shall loiter around or about the premises at which a teenage dance is being conducted. (Ord. 29 § 1, 1981; CC § 21.268)

5.12.370 Inspection.

Any peace officer of the City or any member of a Fire Department charged with the duty of law enforcement shall have free access at all times to any teenage dance issued a permit under the provisions of this article. (Ord. 29 § 1, 1981; CC § 21.269)

5.12.380 Employment of police.

The permittee shall employ, and there shall be on duty at all times during any teenage dance at least one policeman for every 100 participants with a minimum of one policeman for every exit and entrance. One police matron shall also be in attendance. The matron shall not be counted as fulfilling the requirement for any policeman. (Ord. 29 § 1, 1981; CC § 21.270)

5.12.390 Police exceptions.

Adult sponsoring groups raising funds for use by their organization to promote youth activities, may at the discretion of the Issuing Officer, dispense with the employment of police, where it can furnish proof of having present a sufficient number of adult persons to maintain order. (Ord. 29 § 1, 1981; CC § 21.271)

5.12.400 Advertising.

No teenage dance shall be advertised by use of any media of public advertising prior to the issuance of the teenage dance permit authorizing such dance. (Ord. 29 § 1, 1981; CC § 21.272)

5.12.410 Rules and regulations.

The City Council shall adopt such rules and regulations as it may deem reasonably necessary to carry out the purpose of this article. A copy of such rules and regulations shall be filed with the City Clerk. (Ord. 29 § 1, 1981; CC § 21.273)