Chapter 5.85
PUBLIC DANCE HALLS
AND PUBLIC DANCES
Sections:
5.85.030 Permit – Application – Information required.
5.85.040 Permit – Investigation fees.
5.85.050 Permit – Investigation, etc. – Denial upon appearance of certain facts, etc.
5.85.060 Permit – Considerations of City Council when dance is to be held in tavern or saloon, etc.
5.85.070 Permit – Moral standards of applicant – Sanitary and safety conditions of premises, etc.
5.85.080 Permit – Assignability or transferability, etc.
5.85.090 Transporting intoxicating liquor into public dance hall prohibited in certain cases.
5.85.100 Rules and regulations – Authority of Chief of Police – Posting in conspicuous place.
5.85.110 Exclusion of persons under influence of intoxicating liquor from public dance hall.
5.85.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) "Public dance" shall mean and include any dance to which the general public is admitted upon the payment of any fee, charge or admission whatever or for which tickets, invitations or other admission devices are sold or offered for sale to the general public or which is given or conducted in connection with the sale of food in restaurants, cafes or hotel dining rooms to which the general public is admitted or given or conducted in connection with the sale of beverages or intoxicating liquors in taverns, bars or saloons to which the general public is admitted or given or conducted with provisions for other amusement or entertainment for profit.
(b) "Public dance hall" shall mean and include any hall, room or place in which a public dance is held. (Ord. 510 §§ 1, 2; Ord. 847 § 1. Formerly § 22-42).
5.85.020 Permit – Required.
It shall be unlawful for any person to give or conduct a public dance in the City without first obtaining a permit from the City Council to do so. (Ord. 510 § 3; Ord. 847 § 2. Formerly § 22-43).
5.85.030 Permit – Application – Information required.
Written applications for permits required under SCCC 5.85.020 shall be made to the City Council and shall set forth the following facts:
(a) The name and residence of the applicant, and if the applicant is a firm, the names and residences of the partners thereof. If the applicant is a corporation, the names and residences of the directors thereof and if the applicant is an association, the names and residences of the officers thereof.
(b) The particular place for which the dance permit is desired.
(c) The number and dates of the dances to be held under the permit.
(d) A statement that the applicant is the sole party, either directly or indirectly, interested in the dance for which a permit is sought and that no other person is interested therein or will be interested therein during the continuance of the permit. (Ord. 510 § 4; Ord. 847 § 3. Formerly § 22-44).
5.85.040 Permit – Investigation fees.
(a) Each application for a permit shall be accompanied by an investigation fee of fifty dollars ($50.00), no part of which will be refundable.
(b) The license fees for public dances, as prescribed by Chapter 3.40 SCCC, and any amendments thereto shall be in addition to the foregoing investigation fee, and, if applicable, shall be paid before a permit is issued. (Ord. 1069 § 1. Formerly § 22-44.1).
5.85.050 Permit – Investigation, etc. – Denial upon appearance of certain facts, etc.
The City Council shall refer applications submitted pursuant to SCCC 5.85.040 to the Chief of Police and to the building inspector who shall investigate facts connected with the application and the premises for which the permit is sought and shall report the results of their investigation together with any recommendations either may have concerning the issuance of a permit, and as to whether or not the premises for which such permit is sought comply with this chapter and applicable ordinances of the City. The City Council shall consider the recommendations so made and may deny the application if any of the following conclusions or facts appear:
(a) The premises in respect to which the permit is to be issued do not comply with the provisions of this chapter or any other applicable ordinance of the City.
(b) That the conducting of a public dance in the premises for which a permit is sought will be injurious to the public health, safety, welfare or morals of the people of the City. In passing upon this phase of the matter, the City Council shall take into consideration the location of the premises for which a permit is sought with reference to proximity of schools, residences and other structures, the occupants and users of which may be disturbed or injuriously affected by the conducting of a dance upon such premises or by the persons in attendance at such dance.
(c) That the applicant proposes to conduct such dance in connection with a tavern where intoxicating liquors are sold.
(d) That the applicant has had a permit under the provisions of this chapter revoked.
(e) That the premises for which such permit is sought for the proposed conducting of a public dance therein violates any building, zoning, health, safety or police ordinance of the City or any law in the State or of the United States. (Ord. 510 § 5; Ord. 847 § 4. Formerly § 22-45).
5.85.060 Permit – Considerations of City Council when dance is to be held in tavern or saloon, etc.
In considering an application for a permit to conduct a dance in any premises of a tavern, saloon or other place where intoxicating liquors are sold pursuant to an "on-sale" liquor license, the City Council may take into consideration the proximity of such tavern or saloon to a university, coming within the provisions of Section 172a of the Penal Code of the State, and the City Council may also consider any of the matters set forth in SCCC 5.85.050. The City Council may, in its discretion, deny or grant any permit applied for in such application after such consideration. (Ord. 847 § 7. Formerly § 22-46).
5.85.070 Permit – Moral standards of applicant – Sanitary and safety conditions of premises, etc.
Before the City Council shall grant any permit under this chapter, it shall be satisfied as to the sanitary condition of the premises, compliance with zoning ordinances, and that the conduct of such a dance would not create a police problem. (Ord. 847 § 5. Formerly § 22-47).
5.85.080 Permit – Assignability or transferability, etc.
Permits issued under the provisions of this chapter shall not be sold, assigned or transferred without the consent of the City Council and any violation of this section shall be grounds for the revocation of such permit and the assignee of such permit shall have no right to conduct any dance pursuant to any such assigned license. (Ord. 510 § 8; Ord. 847 § 6. Formerly § 22-48).
5.85.090 Transporting intoxicating liquor into public dance hall prohibited in certain cases.
No person shall carry or transport any intoxicating liquor into or upon any public dance hall except that in cases where beer is permitted to be sold on the premises where such dancing is being conducted, such beer so contemplated to be sold may be carried or transported thereon for the purpose of sale. The provisions of this section shall not apply to dances which are given or conducted in connection with the sale of food in restaurants, cafes or hotel dining rooms. (Ord. 510 § 7. Formerly § 22-49).
Cross reference – As to drinking intoxicating liquors in public generally, see SCCC 9.05.040.
5.85.100 Rules and regulations – Authority of Chief of Police – Posting in conspicuous place.
The Chief of Police shall have authority to make and enforce rules regulating the conduct of public dances, the hours during which such dances may be held, the issuance of return admission checks, the lighting arrangements of places in which such dances are held and the character of the premises in which such dances are held. Such rules shall be subject to approval by the City Council.
Violation of any of such rules shall be grounds for the suspension or revocation of permits and licenses issued under this chapter.
Such rules and the amendments thereto shall be effective upon the approval by the City Council and if approved prior to the effective date of this chapter, then upon the effective date of this chapter. It shall be the duty of the permittee holding a dance permit to keep a copy of such rules and regulations posted conspicuously in the place where the dance is to be held. (Ord. 510 § 9. Formerly § 22-50).
5.85.110 Exclusion of persons under influence of intoxicating liquor from public dance hall.
It shall be the duty of every person giving or conducting a public dance or their agents, servants or employees immediately, upon the request of a police officer, to exclude from the public dance hall in which such dance is conducted any person under the influence of intoxicating liquor or who is guilty of loud, boisterous or improper conduct. (Ord. 510 § 10. Formerly § 22-51).
Cross reference – As to drunkenness in public places generally, see SCCC 9.05.040.