Chapter 5.52
AFTER HOURS CLUBS AND DANCE CLUBS
Sections:
5.52.020 License required—Exceptions.
5.52.050 Public hearing—Investigation—Notice.
5.52.060 Public hearing—Grant or denial of license—Criteria.
5.52.090 License—Suspension, revocation, or nonrenewal.
5.52.010 Definitions.
As used in this chapter:
“After hours club” means any premises which is open to public gathering on a regular or continuing basis or to which the public is admitted upon payment of an admission fee or charge of any kind, which is open after midnight, and which is not licensed for the sale of fermented malt beverages or malt, vinous, or spirituous liquors.
“Commercial dance studio” means any premises whose primary purpose is to give dance or exercise instruction on a regular and continuing basis.
“Dance club” means any premises open to public dancing on a regular or continuing basis or to which the public is admitted upon payment of an admission fee or charge of any kind, and which is not licensed for the sale of fermented malt beverages or malt, vinous or spirituous liquors. (Ord. 2000-2 § 1 (part))
5.52.020 License required Exceptions.
A. Except as provided in subsections B and C of this section, it is unlawful for any person to operate any dance club or after hours club without first obtaining a license and paying all fees as required by this chapter, and complying with all other applicable provisions of this code.
B. No separate license shall be required under this chapter for a dance club or an after hours club which holds a permit as a sexually oriented business pursuant to Chapter 9.38.
C. No separate license shall be required under this chapter for a commercial dance studio. (Ord. 2000-2 § 1 (part))
5.52.030 Application.
A. The applicant for a dance club license or after hours club license shall submit a verified application to the City Clerk on forms provided by the City Clerk, together with the fee provided for in this chapter.
B. In addition to any other information which may be requested on the application, the applicant shall provide:
1. Complete plans and specifications for the interior of the premises to be licensed;
2. A copy of the lease or other evidence of the applicant’s right to possession of the premises;
3. Verification that the use proposed for the premises would comply with the zoning for the location of the premises; and
4. A completed application for the registration of each manager, at least one of whom shall be on the premises at all times the licensed establishment is open for business.
C. The applicant shall promptly supplement the information provided in the application following any changes in such information. The duty provided for in this subsection shall continue during the pendency of the application and following the issuance of a license pursuant to this chapter. Failure to provide such information within thirty (30) days after the change occurs shall be grounds for denial, suspension, or revocation of a license. (Ord. 2000-2 § 1 (part))
5.52.040 Managers.
A. The applicant or licensee shall submit a verified manager’s registration application to the City Clerk, together with the fee required in this chapter, for each person who will serve as a manager for the licensed premises.
B. The application shall include information required for the city to conduct a background investigation, including fingerprinting to determine if the proposed manager is of good moral character.
C. No person shall serve as, and no licensee shall permit any person to serve as, a manager of an establishment licensed under this chapter, unless the person has first applied for and been registered as required by this section.
D. The City Clerk will furnish the City Council with a report of management changes each month.
E. No licensee shall fail to have a registered on-premises manager to manage the licensed establishment, at all times while it is open for business.
F. No person shall be permitted to serve as a manager unless the person is at least twenty-one (21) years of age. (Ord. 2000-2 § 1 (part))
5.52.050 Public hearing—Investigation—Notice.
Upon receipt of a complete application, the City Clerk shall:
A. Schedule a hearing on the application before the City Council, which hearing shall be held not less than fifteen (15) days nor more than forty-five (45) days of the City Clerk’s determination that an application is complete.
B. Mail notice of such hearing to the applicant at least ten (10) days prior to the hearing, publish a copy of such notice in a newspaper of general circulation in the city at least ten (10) days prior to the hearing, and post a copy of such notice upon the premises to which the application applies for at least the ten (10) day period prior to the hearing.
C. Refer the application for investigation by the Police Department, Building Department, Public Works Department, and Fire Department, each of which shall review the application and inspect the applicant’s premises for compliance with the applicable provisions of this code, and shall furnish the results of their investigations and inspections to the City Clerk, who shall transmit the same to the City Council, with a copy to the applicant. (Ord. 2000-2 § 1 (part))
5.52.060 Public hearing—Grant or denial of license—Criteria.
A. Within ten (10) days after the conclusion of the public hearing, the City Council shall either grant or deny the license. In granting a license, City Council may, based upon evidence presented at the hearing, impose reasonable conditions upon the license.
B. In determining whether to grant or deny the license, or to grant the license with conditions, the City Council may take into consideration such matters as the Council determines are pertinent to the public health, safety, and welfare, including:
1. The applicant’s prior experience and qualifications to operate such a business;
2. Whether the applicant is of good moral character;
3. Pedestrian safety:
4. The traffic volume to be created by the proposed use, and the adequacy of parking and access;
5. The character of the neighborhood and the applicant’s effect on the peace of the neighborhood and, in particular, proximity of the proposed licensed premises to residential uses and the effect of the proposed use of the licensed premises on the quiet enjoyment of residential premises by the inhabitants thereof,
6. The ability of the proposed use to comply with all applicable zoning and building regulations; and
7. Architectural compatibility of the proposed licensed premises with the character of the neighborhood.
C. If a license is denied, City Council shall, within ten (10) days of its decision, provide written notice to the applicant, which notice shall specify the grounds for denial.
D. No license issued under this chapter shall be transferred or assigned. (Ord. 2000-2 § 1 (part))
5.52.070 Fee schedule.
The fee schedule under this chapter shall be:
|
A. |
Initial application fee: |
$1,000.00 |
|
B. |
Annual renewal fee: |
500.00 |
|
C. |
Manager registration fee: |
150.00 |
(Ord. 2000-2 § 1 (part))
5.52.080 License—Renewal.
A license issued pursuant to this chapter shall expire one (1) year from the date of issuance unless sooner suspended or revoked. The license may be renewed annually upon application, payment of all fees and, at the sole discretion of the City Council, a public hearing before the City Council. (Ord. 2000-2 § 1 (part))
5.52.090 License—Suspension, revocation, or nonrenewal.
A. The City Council may, after notice to the applicant and a public hearing, deny renewal of, suspend, or revoke any license upon finding any of the following:
1. That repeated disturbances have occurred within the licensed establishment or upon any parking areas, sidewalks, walkways, access ways or grounds adjacent to or used by patrons of the licensed premises involving the licensee, its patrons, or its employees. For the purpose of this section, “repeated disturbances” shall mean more than one report of a disturbance to the Police Department within any two (2) month time period;
2. That the licensee or any employee thereof has offered for sale, has distributed, or has allowed to be sold, distributed or consumed upon the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, any illegal drugs;
3. That the licensee has failed to have at least one (1) manager on the premises at all times that the licensed establishment is open to the public;
4. That the licensee or any employee thereof has permitted the consumption of any vinous, spirituous, or fermented malt beverage upon the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the establishment; or
5. That the licensee has permitted the licensed establishment to be operated in such a way as to violate any provision of this code, or is otherwise in violation of any provision of this code.
B. The City Council shall, within ten (10) days of the completion of the public hearing, issue its written decision regarding suspension, revocation, or nonrenewal. (Ord. 2000-2 § 1 (part))
5.52.100 Change in premises.
A. At least thirty (30) days prior to the commencement of expansion, remodeling, or other change in the nature of the licensed premises, the licensee shall submit an application for a change in the nature of the businesses to the City Clerk on forms provided by the City Clerk.
B. The application shall be reviewed by the City Manager who shall determine whether the proposed change in the nature of the business is significant. A change shall be deemed to be significant if, in the judgment of the Manager, it would: result in an increase or decrease in the total size or capacity of the licensed premises; result in the sealing off, creation of or relocation of a common entryway, doorway, or passage or other means of public ingress or egress; or affect the basic character of the premises or the physical structure that existed in the plan on file with the latest prior application. A change shall not be determined significant if it consists of. painting and redecorating of premises; the installation or replacement of electric fixtures or equipment, plumbing, refrigeration, air conditioning or heating fixtures and equipment; the lowering of ceilings; the installation and replacement of floor coverings; the replacement of furniture and equipment; or other similar changes.
C. After investigation, the City Manager may approve the proposed change or, if the change is determined to be a significant change, the Manager may schedule a hearing before the City Council regarding the proposed change. Posting, publication and notice requirements shall be the same as are required for a hearing on an original application.
Criteria for approval shall be as for an original application. (Ord. 2000-2 § 1 (part))
5.52.110 Unlawful acts.
A. No person under the age of eighteen (18) years shall be on the premises of a dance club or an after hours club, and no licensee under this chapter, or manager or employee of a licensee, shall permit any person under the age of eighteen (18) years to be on the premises.
B. No licensee under this chapter, and no manager or employee of a licensee, shall permit the maximum occupancy of the premises, as determined pursuant to this code, to be exceeded.
C. No licensee shall fail to have posted on the licensed premises, in a place open to the view of the occupants thereof, a sign stating the maximum occupancy of the premises.
D. No dance club or after hours club shall be open to the public earlier than 7:00 a.m., or later than 2:00 a.m. (Ord. 2000-2 § 1 (part))