Chapter 5.24
PUBLIC DANCE HALLS
Sections
5.24.040 Revocation of license.
5.24.060 Records and accounts.
5.24.080 Administrative rules.
5.24.130 Prohibited activities.
5.24.010 Definitions.
For the purpose of this chapter:
(1) “Admission charge” means the amount of money paid by each participant for entrance to or upon the premises where a public dance is being conducted.
(2) “Public dance” means any dance to which the public is admitted and which is held and conducted for a profit, either direct or indirect. This term does not apply to any dance sponsored by any fraternal, religious, veteran, or service organization or group or any dance upon property owned by a local, state, or federal agency.
(3) “Public dance hall” means any place where public dancing, as defined in this section, is permitted. [Ord. 138 § 1, 1962.]
5.24.020 License – Required.
It is unlawful for a person to sponsor, permit, or conduct a public dance in the city without first obtaining a license as provided in this chapter. Licenses are issued on a calendar year or nightly basis, at the option of the licensee. [Ord. 993 § 9, 1992: Ord. 138 § 2, 1962.]
5.24.030 License – Fee.
The license fee for public dances shall be set by administrative order of the city manager and shall be payable in advance. Annual licenses shall expire on December 31st of each calendar year. Application for licenses under this chapter shall be made in writing, filed with the city clerk, and shall be accompanied by a deposit of the amount of money the license requires, and shall state the location of the place where the dance will be conducted, the name and mailing address of the applicant or applicants, and the application shall be signed by the party who is to conduct the dance. No license shall be granted to any corporation, but if any dance hall is conducted by a corporation, the license shall issue to the manager or other directing head thereof. [Ord. 454 § 1(G), 1979: Ord. 138 § 3, 1962.]
5.24.040 Revocation of license.
The city clerk may refuse to issue a dance license or may cancel or revoke any such license after it has been issued if he learns that the same was procured by fraud or by false representation of facts, or that the licensee has failed to comply with the provisions and requirements of this chapter, or has violated any provision of this chapter, or for any other reason which, in the opinion of the chief of police, will be detrimental to the public peace, health, or welfare. [Ord. 138 § 4, 1962.]
5.24.050 Appeal.
A person aggrieved by the decision of the city clerk or chief of police in refusing to issue a license under the provisions of this chapter, or revoking a license previously issued by the city clerk may appeal such decision to the hearing examiner within 10 days of the decision in accordance with the provisions of the hearing examiner code. [Ord. 770 § 39, 1988: Ord. 138 § 5, 1962.]
5.24.060 Records and accounts.
All licensees pursuant to this chapter, shall keep accurate and current records and accounts showing the number of admissions and the gross admission charge for each separate dance conducted by the licensee. These records and accounts shall be available for inspection and audit during a normal business day by the city manager or authorized representative and these records and accounts may be disposed of by the licensee 60 days after the expiration date of the license which has been issued pursuant to this chapter. [Ord. 138 § 6, 1962.]
5.24.070 Tax on admission.
All licensees who receive an admission charge shall remit, as provided in this section, to the finance director three percent of the received admission charge. The money required to be remitted shall be deemed to be held in trust by the one required to collect the same and shall be paid to the finance director quarterly on or before the fifteenth day of the month next succeeding the end of the quarterly period in which the money is collected or received. If the remittance provided for in this section is not made within the required period of time, the finance director may impose a penalty in the amount of 10 percent of the remittance per month or fraction thereof for each month overdue. [Ord. 138 § 7, 1962.]
5.24.080 Administrative rules.
Notwithstanding the other sections of this chapter, the city clerk shall have the authority to make all proper and administrative rules consistent with and for the purpose of carrying into effect the provisions of this chapter. [Ord. 138 § 8, 1962.]
5.24.090 Reports to police.
The owner or operator of any public dance hall shall, if such public dance is open and conducted on a regular schedule, file with the chief of police a current and complete calendar of dates when such public dances shall be open and in operation. The owner or operator of any public dance hall not open or operated on a regular schedule shall file with the chief of police, not less than 48 hours prior to the time of holding or opening such public dance hall, a notice of such intention to so open and conduct such an operation. [Ord. 138 § 9, 1962.]
5.24.100 Closing hours.
All public dances and all music therein shall cease and terminate on or before 3:00 a.m.; provided, that upon application and for good cause shown, the city clerk may grant permission to hold or continue a dance after 3:00 a.m. if he finds that the same may be conducted without undue annoyance to any considerable number of people; and provided further that except where permission has been granted, as aforesaid, all public dance halls shall be closed on Sunday, after the hour of 3:00 a.m. [Ord. 138 § 10, 1962.]
5.24.110 Inspection.
The chief of police or some officer specifically designated by him, shall investigate all complaints against public dance halls and public dances, and shall inspect at least once every year the public dance halls of the city. All peace officers of the city shall have free access to public dances and dance halls for the purpose of inspection and to enforce compliance with the provisions of this chapter. [Ord. 138 § 11, 1962.]
5.24.120 Standards.
It shall be the duty of the licensee to see that standards of decency and good taste are maintained, and that disorderly, familiar, or objectionable conduct is not tolerated and to take effective steps promptly to remove objectionable persons and stop objectionable practices and to cooperate with the police in carrying out the provisions of this chapter relating to public halls and public dances and in preserving order and good conduct on part of the patrons and employees of the dance. [Ord. 138 § 12, 1962.]
5.24.130 Prohibited activities.
It is unlawful for any person to whom a license is issued, or for any person conducting a public dance hall under a license from the city to allow or permit in any public dance hall any indecent act to be committed, or any disorder or conduct of a gross, violent, or vulgar character. Any member of the police department shall have the power and it shall be his duty to cause any dance hall to be vacated whenever any provision of this chapter relating to public dance hall or public dancing is being violated, or whenever any indecent acts are committed or when any disorder or conduct of a gross, violent, or vulgar character takes place therein. [Ord. 138 § 13, 1962.]
5.24.140 Uniformed officer.
In addition to the other employees required to properly control, supervise, and conduct a public dance there shall be a minimum of one uniformed officer who shall be an employee of the management, in control of the premises where every dance or dancing is given, permitted, or conducted, continuously from the time the dancing begins until the place or area where the dance is conducted is closed to dancing. The uniformed officer may be a police officer commissioned by the police department of the city or a person having the qualifications and abilities to enforce the provisions of this chapter. All individuals, before assuming the duties as a uniformed officer, shall be interviewed and approved by the chief of police for the city. [Ord. 138 § 14, 1962.]