Chapter 5.16
DANCE LICENSES
Sections:
5.16.020 License required—Fee—Renewals.
5.16.030 License—Exemption and waiver of payment.
5.16.050 License—Criteria for approval.
5.16.060 Conditions upon issuance of license.
5.16.070 Appeal from denial, conditioning, revocation or suspension.
5.16.080 Revocation or suspension of license.
5.16.090 Security personnel required.
5.16.100 Litter control—Security for cleanup.
5.16.110 Loitering on premises prohibited.
5.16.140 Access—By clerk-treasurer, police and fire officers.
5.16.150 License limited to licensee and location.
5.16.160 Lighting requirements.
5.16.010 Definitions.
For the purpose of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:
A. “Cabaret dance” means a dance held or permitted in connection with a business where intoxicating liquors are sold or consumed.
B. “Clerk-treasurer” means the city clerk-treasurer or his/her designee.
C. “Dance hall” means a place where a public dance is conducted, operated or maintained with all hallways, bathrooms, and all adjoining enclosed areas and adjoining open spaces, including areas for vehicular parking, that are accessible to the public during the dance and that are subject to the control of the person or entity conducting, operating or maintaining the public dance.
D. “Fire chief” means the Bridgeport fire chief or his/her designee.
E. “Law enforcement officer” means a general authority Washington police officer:
1. Who possesses a certificate of basic law enforcement training or a certificate of equivalency or has been exempted from the requirement therefor by the Washington State Criminal Justice Training Commission;
2. Who has received a prior written consent of the chief of police in accordance with RCW 10.93.070 to exercise general law enforcement powers and authority in the city; and
3. Who has registered with the chief of police or designee at least twenty-four hours in advance of a public dance for which he or she may be employed.
F. “Licensee” includes applicants for licenses who shall be the sponsor, owner and/or operator of the public dance or dance hall.
G. “Person” includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization.
H. “Public dance” means a dance that is open to the public and which:
1. Is held and conducted for profit, direct or indirect; or
2. Requires a monetary payment of a fee, membership fee, or other charge or contribution from a person admitted.
The term public dance does not include a banquet, party or celebration conducted for invited guests which is not open to the public.
I. “Security guard” means a person who is qualified as follows: has filed with the city clerk-treasurer a valid and current security guard license issued by the Washington State Director of the Department of Licensing pursuant to Chapter 18.170 RCW as now exists or as may be hereafter amended and proof of formal training in crowd control by any agency not associated with the licensee. (Ord. 499 § 1 (part), 1998)
5.16.020 License required—Fee—Renewals.
A. It is unlawful for any person to sponsor, permit or conduct a public dance or maintain a dance hall in the city without first obtaining a license as provided in this chapter. Subject to the provisions of this chapter, public dance licenses shall be issued on a quarterly basis or on a daily basis, at the option of the applicant. A public dance license shall entitle the holder thereof to conduct such public dance only on the day(s) and at the place(s) specified in the license.
B. The license fees, which shall accompany all public dance license applications, shall be set by city council resolution.
C. The entire quarterly public dance license fee shall be paid for the applicable quarter regardless of when the application for the license is made, and shall not be prorated for any part.
D. Quarterly licenses shall expire on the following dates of each calendar year: March 30th, June 30th, September 30th and December 31st. (Ord. 499 § 1 (part), 1998)
5.16.030 License—Exemption and waiver of payment.
The following shall be exempt from the requirements of this chapter:
A. Cabaret dances where the person has a current business license with the city and a current liquor license from the state of Washington;
B. Public and/or private schools licensed by the state of Washington;
C. Noncharitable, religious or nonprofit organization or corporation that has received tax exempt status under Internal Revenue Code, Paragraph 501(C)(3), Title 26 USC, as now exists or as may be hereafter amended;
D. City-operated public dances. (Ord. 499 § 1 (part), 1998)
5.16.040 License application.
A. Applications for any license pursuant to this chapter shall be submitted in writing to the city clerk-treasurer upon such forms as the clerk-treasurer may prescribe at least thirty days prior to the public dance or thirty days prior to expiration of a quarterly license and shall be accompanied by the license fee as set forth herein. In addition to other information requested, application forms shall include the following:
1. The name, telephone number and place of residence of the applicant;
2. The mailing address of the applicant;
3. The address and description of the premises to be licensed;
4. The name, telephone number and address of the owner (if different than the applicant) of the premises to be licensed; and
5. a. Daily dance license: the time and date of the dance or dances to be held, and expected number of attendees,
b. Quarterly dance license: a current and complete quarterly calendar of times and dates when public dances shall be operated. In the event the license is granted, the licensee shall notify the clerk-treasurer of any cancellation not less than forty-eight hours prior to the time of the scheduled public dance.
B. All applications shall be referred to the clerk-treasurer who shall conduct an investigation as to the truth of the statements contained therein and investigate all other matters pertaining to the criteria for license approval and renewal set forth in Section 5.16.050, including but not limited to consideration of fire, sanitation, traffic areas, availability of parking; other safety aspects of the proposed location and public dance operations of the applicant or applicant’s agents conducted within the last five years of the license application and any existing or past violations of this chapter by the applicant. The clerk-treasurer shall prepare a written report of the results of such investigation, as well as the clerk-treasurer’s other findings as to whether the criteria for obtaining a dance hall or public dance license have been met. (Ord. 499 § 1 (part), 1998)
5.16.050 License—Criteria for approval.
A. The clerk-treasurer may grant or condition a license unless the clerk-treasurer finds that one or more of the following conditions exist in which case the application shall be denied:
1. The building, structure, equipment or location of the business or dance for which the license is sought does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the state, county, and the city, or the requirements of this chapter, including but not limited to regulations relating to parking, traffic access and proximity to adjacent residential and/or business establishments;
2. The proposed location is incompatible with surrounding land uses;
3. The applicant is not in compliance with any law or ordinance applicable to the premises or operator of the premises;
4. The applicant or any of the applicant’s officers, directors, partners, operators, employees, agents or any other person involved in the operation of the dance or dance hall have:
a. Committed any act, which if committed by licensee, would be grounds for the suspension or revocation of a license or permit, or
b. Been convicted within the last five years of:
i. A felony involving a crime of violence (as defined in RCW 9.41.010(11) as it now exists or as hereafter amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50 as now exists or as may be hereafter amended, or
ii. A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile;
5. Within the last two years the applicant has been denied a license or had a license revoked under the provisions of this chapter.
B. Any applicant denied a license may reapply and be granted a license if the applicant can show that the basis for such denial no longer exists. (Ord. 499 § 1 (part), 1998)
5.16.060 Conditions upon issuance of license.
A. At the time of granting a license pursuant to this chapter, the clerk-treasurer may impose such conditions as the clerk-treasurer finds necessary to adequately protect the public health, safety and general welfare.
B. The clerk-treasurer shall review the operation of all applicant’s previous public dances held within the last five years to determine whether additional or revised conditions are needed in order to prevent incompatibility with surrounding land uses or to protect the public welfare. The applicant shall be given notice of all additional or revised conditions pursuant to Section 5.16.070 herein. (Ord. 499 § 1 (part), 1998)
5.16.070 Appeal from denial, conditioning, revocation or suspension.
A. When the clerk-treasurer refuses to grant a license, grants a license with conditions, suspends or revokes a license, the clerk-treasurer shall notify the applicant in writing of the same and shall inform the applicant of his/her right to a hearing before the city council. The applicant shall exercise the right to a hearing by filing a written notice of appeal with the clerk-treasurer within ten days of the date of the notice. The notice of appeal shall contain a statement of the reasons for the appeal.
B. If the applicant timely files a notice of appeal, the applicant shall be afforded a hearing before the city council within thirty days following receipt of such request at which time the applicant shall be afforded an opportunity to show that the conditions imposed are without merit or that the reasons for denial of the license do not justify the denial. At such hearing, the council shall have the authority to uphold the clerk-treasurer’s decision, suspend for any given period of time, revoke the license, void the clerk-treasurer’s notice of suspension or revocation or require different or additional restrictions on the licensee’s operations. After the hearing, the city council shall determine whether the applicant has shown reason to revise the conditions or to issue the license and shall make its final decision.
C. Appeal of the city council decision may be made in Douglas County superior court, but must be filed within twenty-one days after the date of the announcement of the decision of the city council. Costs of preparing and certifying the record of the council’s proceedings to superior court shall be borne by the person appealing the decision.
D. In the event the applicant or licensee does not request a hearing before the city council within the time provided in the notice, the license of the person shall be suspended or revoked as provided in the notice served upon the licensee. In the event an applicant or licensee who has appealed to the city council fails to appeal to the superior court within the time provided herein, the decision of the council shall be affirmed and the license of the person shall be suspended or revoked in accordance with the decision of the city council upon expiration of the appeal period to the superior court. (Ord. 499 § 1 (part), 1998)
5.16.080 Revocation or suspension of license.
A. After giving notice to the licensee of the right to a hearing pursuant to the procedures set forth in Section 5.16.070, conducting a hearing if a timely request is filed, or time for such request has passed, the clerk-treasurer may issue notice of suspension or revocation of any license issued pursuant to this chapter where one or more of the following conditions exist:
1. The license was procured by fraud or false representation of material fact in the application or in any report or record required to be filed with the clerk-treasurer;
2. The building, structure, equipment or location of the business or dance for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the state, county, and the city, or the requirements of this chapter;
3. The licensee or any owner, officer or agent thereof has committed any act which is a ground for denial of a license;
4. The licensee or any of the licensee’s officers, directors, partners, operators, employees or any other person involved in the operation of the dance or dance hall has been convicted within the last five years of:
a. A felony involving a crime of violence (as defined in RCW 9.41.010(2) as it now exists or as may be hereafter amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50, or
b. A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile;
5. The licensee or his employee, agent, partner, director, officer or manager has knowingly allowed or permitted:
a. A felony involving a crime of violence (as defined in RCW 9.41.010 as it now exists or as hereafter amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50 as now exist or as may be hereafter amended, to occur in or upon a dance hall premises,
b. A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault to occur in or upon a dance hall premises,
c. Any unlawful act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon a dance hall premises, or
d. The dance hall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur, or
e. The possession or consumption of liquor by persons under the age of twenty-one years, in or upon dance hall premises, or
f. The giving or supplying of liquor to any person under the age of twenty-one years, or
g. The use by any person in or upon a dance hall premises of marijuana, cocaine or any other controlled substance (as defined in RCW 69.50.101(d) as now exists or as hereafter amended) not prescribed by a licensed physician for use by the person possessing or using the substance,
h. Disorderly conduct in or upon the dance hall premises as defined in RCW 9A.84.030 as now exists or as may be hereafter amended,
i. Violation of this chapter, any condition placed upon a license issued pursuant to this chapter, or of any other applicable law or ordinance, which the city council finds constitutes an unreasonable interference with surrounding land uses or is otherwise unreasonably detrimental to the public welfare.
B. If the clerk-treasurer finds that any of the conditions set forth in this section exists and that the existence of such condition constitutes a threat of immediate and serious injury or damage to person or property, and in the case of conditions which may be eliminated by the licensee, that notice of the conditions has been given to the licensee and at least twenty-four hours have expired without the elimination of such conditions, the clerk-treasurer may immediately suspend any license issued under this chapter, without prior opportunity to be heard, in which event the licensee shall be entitled to appeal the decision to the city council in accordance with Section 5.16.070. The notice of immediate suspension of license given pursuant to this subsection shall include a statement of the conditions found to exist that constitute a threat of immediate and serious injury or damage to persons or property, and shall also inform the applicant of his/her right to appeal within ten days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the clerk-treasurer. (Ord. 499 § 1 (part), 1998)
5.16.090 Security personnel required.
A. It shall be the obligation of every person licensed under this chapter to insure that an adequate number of qualified security personnel are employed and in attendance during and following each public dance as is necessary in order to maintain order and insure compliance with the laws of the state and ordinances of the city.
B. 1. A minimum of two security guards, one of whom shall be a uniformed law enforcement officer compensated in advance by the licensee by payment to the city, shall be in attendance at all public dances with attendance of fifty people or less. The uniformed officer shall be compensated on an hourly basis for the number of hours for which the dance will be operating, as set forth in the dance license application, at a rate established by city council resolution based upon its current arrangement for provision of law enforcement services with the Douglas County sheriff’s office or other law enforcement agency. Such compensation shall be paid to the city in the form of a money order, cash or certified check, at least ten calendar days prior to the scheduled dance. In the event payment is not received, the applicant shall cancel the dance and failure to do so or proceeding with the dance without the uniformed officer, shall be grounds for revocation of the applicant’s license.
2. In addition to the minimum of two security guards as set forth in subsection (B)(1) of this section, and where the clerk deems it necessary due to security or safety reasons, one additional security guard for each additional fifty persons in attendance may be required. (Ord. 512 § 1, 1999; Ord. 499 § 1 (part), 1998)
5.16.100 Litter control—Security for cleanup.
A. Prior to issuance of any public dance license, a security deposit, in the form of a cashier’s check in the amount to be set by city council resolution, shall be submitted to the city clerk-treasurer as security for the cleanup of all litter resulting from any public dance authorized by the license. The clerk-treasurer shall hold the cashier’s check for two business days after completion of the public dance. Where the city determines cleanup has been satisfactorily completed, the clerk-treasurer will return the licensee’s cashier’s check. In the event the licensee fails to clean up all litter on any public or private property, which results from any public dance conducted by the licensee, within twenty-four hours of the end of the dance, the city may cause such litter to be cleaned up and pay the costs of the cleanup out of the security funds. Litter resulting from the public dance shall be limited to that occurring within a two hundred-foot radius of the location of the dance hall. In the event the cost of the cleanup exceeds the amount of funds on deposit, the licensee shall pay such excess costs.
B. In the event funds are expended out of the security deposit required by this section, the licensee shall, within five days of receipt of notice of such expenditure, submit the amount necessary to replenish the security fund to the amount of the full security deposit. No license shall be issued unless the full amount of the security deposit for litter cleanup is on deposit with the city at the time of the application for renewal.
C. Upon termination of all activities authorized by a public dance license and cleanup of all litter resulting from such activity, the remainder of all funds deposited as security for litter cleanup shall be refunded to the licensee, without interest. (Ord. 499 § 1 (part), 1998)
5.16.110 Loitering on premises prohibited.
It shall be the obligation of each person issued a license under this chapter to prevent loitering of all persons on the premises of the dance hall, including but not limited to all parking lot and driveway areas used by patrons of the dance hall. “Loitering” shall not include walking between the entrance to the public dance and parked vehicles, nor shall it include the act of waiting in line to gain admission to the dance. (Ord. 499 § 1 (part), 1998)
5.16.120 Age restrictions.
A. No person conducting a public dance or maintaining a public dance hall shall allow persons under the age of sixteen years to enter or remain in the dance hall without a parent or legal guardian present.
B. It is the responsibility of the person conducting and/or operating a public dance to require a legal photo identification showing the age of each person admitted.
C. Every person who knowingly or recklessly allows a person to enter or remain in violation of this section shall be guilty of a misdemeanor.
D. Any person who affirmatively misrepresents his or her age to obtain admission to or permission to remain in any public dance in violation of this chapter shall be guilty of a misdemeanor. (Ord. 499 § 1 (part), 1998)
5.16.130 Hours of operation.
No public dance shall be conducted past the hour of one a.m. (Ord. 499 § 1 (part), 1998)
5.16.140 Access—By clerk-treasurer, police and fire officers.
The clerk-treasurer, all police officers of the city and the fire chief shall have free access to public dances and dance halls when a dance is being conducted, for the purpose of inspection and to enforce compliance with the provisions of this chapter and other applicable city, county and state health, zoning, building, fire and safety ordinances and laws. (Ord. 499 § 1 (part), 1998)
5.16.150 License limited to licensee and location.
Any license issued under the provisions of this chapter shall apply to a single licensee and to a single location only and shall not be transferable to other locations or to other persons. (Ord. 499 § 1 (part), 1998)
5.16.160 Lighting requirements.
All dance halls shall be well lighted at all times to a degree that persons in attendance are distinguished from the room or place. (Ord. 499 § 1 (part), 1998)
5.16.170 Applicability.
All public dances within the city shall be regulated by the provisions of this chapter, regardless of whether a business license was obtained from the city prior to or after the effective date of the ordinance codified in this chapter and the licenses required herein shall be in addition to a business license. (Ord. 499 § 1 (part), 1998)
5.16.180 Penalty.
In addition to license revocation, each violation of the provisions of this chapter shall constitute a civil infraction. Punishment for each civil infraction shall be punished by a fine of not less than fifty dollars and not more than five hundred dollars. (Ord. 499 § 1 (part), 1998)