Chapter 5.20 DANCEHALLS

2. He/she has information which would lead a reasonable person in the same situation to believe that facts exist, which facts are described by this chapter.

D. “Person” includes any natural person and, in addition, any corporation, partnership or an unincorporated association.

E. “Public dance” means any dance that is open to the public and which:

1. Is held and conducted for a profit, direct or indirect; or

2. Requires a monetary payment or contribution from any of the persons admitted.

The term “public dance” does not include a banquet, party or celebration conducted for invited guests which is not open to the public.

F. “Public dancehall” means any place where a public dance is conducted, operated or maintained and includes the premises in which the public dance is conducted, operated or maintained including but not limited to all parking areas, hallways, bathrooms and all adjoining areas on the premises accessible to the public during the dance.

G. “Recklessly” means that a person acts recklessly or with recklessness when he/she knows of and disregards a substantial risk that a wrongful act may occur and his/her disregard of such substantial risk is a gross deviation from the standard of conduct that a reasonable person would exercise in the same situation.

H. “Teen dance” means any public dance as herein defined which permits the entry of persons under eighteen years.

I. “Teen dancehall” means any place where a teen dance is conducted, operated or maintained and includes the premises in which the teen dance is conducted, operated or maintained, including but not limited to all parking areas, hallways, bathrooms and all adjoining areas on the premises accessible to the public during the dance. (Ord. 1488-88 § 1, 1988; Ord. 1454-88 § 3, 1988)

5.20.020 Construction of chapter—Election of other remedies.

The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. (Ord. 1454-88 § 1, 1988)

5.20.030 Conflict—Applicable chapter.

This chapter is subject to the general licensing provisions of this title. In the event of a conflict between this chapter and the general provisions of this title, the provisions of this chapter shall apply. (Ord. 1454-88 § 2, 1988)

5.20.040 Dance or dancehall license—Required—Exceptions.

A. No person shall conduct or operate a public dance or public dancehall unless the person who is conducting or operating such public dance or public dancehall has obtained a license in accordance with the provisions of this chapter.

B. Exceptions.

1. A license is not required if the public dance is sponsored by an accredited educational institution.

2. A license is not required if the public dance is sponsored by a nonprofit tax exempt organization, corporation or association recognized by the United States of America as exempt from federal income taxation pursuant to Section 501 (c) (1) or (3) of the Internal Revenue Code of 1954, 26 U.S.C. Section 501 as now existing or here after amended.

3. If the public dancehall is managed or operated by the city or if the public dance is sponsored by the city the license requirements of this chapter may be waived by the city clerk.

C. Those organizations which are not required to obtain a license under this chapter shall register their intent to conduct a public dance with the city clerk within fourteen days prior to each dance held. That organization shall provide proof satisfactory to the clerk of the organizations’ exempt status. (Ord. 1454-88 § 4, 1988)

5.20.050 License—Application—Requirements.

The person desiring to conduct and/or operate a public dance shall be responsible for obtaining a public dancehall license. Each applicant shall complete an application which shall include the following information:

A. 1. The name and address (home and business) of the applicant,

2. The name and address of the operator of the public dancehall,

3. The name and address of the owner of the premises upon which the public dancehall is located, and

4. An oath or affirmation that the information listed is true under penalty of perjury;

B. If the answers to subsection A of this section involve an unincorporated association, corporation or partnership, the name of the unincorporated association, corporation or partnership, and the names and addresses of the limited partners, officers and directors thereof shall be provided;

C. A written statement setting forth all measures used to insure that adequate traffic control and crowd protection, both within and without the premises, will be maintained;

D. Proof of indemnification and insurance as required by Section 5.20.150;

E. A statement from the applicant that the premises are in compliance with all city laws including, but not limited to, building, zoning, noise and fire codes;

F. Such other information as the city clerk requires by rule adopted pursuant to this chapter for the health, safety and welfare of persons attending public dances. (Ord. 1454-88 § 5, 1988)

5.20.060 License—Denial of application.

The city clerk shall deny a license if:

A. The applicant has failed to comply with all state, county and city laws which shall include, but are not limited to, building, zoning, health, noise and fire codes.

B. The licensee or any of the licensee’s officers, directors, partners, operators or any other person involved in the operation of the public dancehall have:

1. Committed any act, which, if committed by a licensee, would be grounds for the suspension or revocation of a license or permit;

2. Been convicted of:

a. A felony involving a crime of violence as defined in RCW 9.41 or any felony under RCW 9A.44 RCW 69.50 or RCW 9A.88 within the last five years,

b. A crime involving prostitution, lewd conduct, or assault within the last five years, or

c. In the case of a license for a teen dance, in addition to those crimes listed in subparagraphs a and b of this subdivision, contributing to the dependency or delinquency of a minor or any felony under RCW 9A.64.

C. The applicant has been refused a license or had a license revoked under the provisions of this chapter; provided, however, that any applicant denied a license may reapply if the basis for such denial no longer exists.

Any applicant whose application has been denied may, within ten days following notification of the denial, file a petition for hearing with the city council. Such petition shall set forth a statement of the reason(s) for the appeal. (Ord. 1488-88 § 2, 1988; Ord. 1454-88 § 6, 1988)

5.20.070 License—Suspension or revocation—Grounds.

A. A license may be suspended or revoked by the city clerk upon a finding that any applicant or licensee, or any owner, officer or agent thereof:

1. Has omitted to disclose any material fact in the application for a license; or

2. Knowingly has made any false statement or given any false information in connection with an application for a license or a renewal of a license; or

3. Knowingly has failed to remove from the dance premises any person who is or appears to be under the influence of or affected by the use of alcohol and/or drugs or whose conduct poses a physical danger to the safety of others present; or

4. Violated any of the provisions of this chapter; or

5. Committed any act which is a ground for denial of a license.

B. When the city clerk suspends or revokes a license, the city clerk shall first provide the licensee with a notice of proposed suspension/revocation which shall provide notification to the licensee that a hearing will be held on the revocation/suspension at a time or date determined by the city clerk. The notice of proposed suspension/revocation will be sent to the licensee at the address found on the licensee’s application. It is the licensee’s duty to keep the address information on the application current at all times. The city clerk or designee will preside over the hearing. In the event the licensee fails to attend the hearing, the license will automatically be revoked/suspended. Any revocation/suspension will not be effective until the city clerk makes a determination following the hearing.

C. Notwithstanding the above, a suspension/revocation shall become effective immediately without the benefit of any presuspension/revocation hearing when the ordinance requires a summary revocation/suspension or when the city clerk determines that it is in the best interest of the health, safety and/or welfare of the citizens of Everett to do so.

D. Within ten days following revocation or suspension of any license issued pursuant to this chapter, or within ten days following denial of any license regulated by this chapter, an appeal may be filed with the city council. Upon the receipt of such notice, the licensee shall be afforded a hearing before the city council after reasonable notice has been given. The appeal shall be in writing and addressed to the city council, “ATTENTION: City Clerk.” Notice of the time and date of such appeal hearing shall be given by delivering a copy of the notice to the holder of the license or by mailing a copy thereof to the holder at his last address shown by the city clerk’s license records. The city council shall, at the conclusion of such hearing or within thirty days thereafter, issue a decision as to the revocation, suspension or denial. Such decision of the city council shall be final and conclusive as of the date set forth in the decision, unless within fifteen days from the effective date of the city council’s order an aggrieved person or persons obtains a writ of certiorari from the Superior Court of Washington for Snohomish County for purpose of review of the action taken.

E. It is unlawful for any person whose license has been revoked or suspended to keep the license issued to him/her in his/her possession or under his control, and the same shall immediately be surrendered to the city clerk. When revoked, the license shall be returned to the city clerk and cancelled, and when suspended, the city clerk shall retain the same during the period of suspension. (Ord. 1454-88 § 7, 1988)

5.20.080 Requirements of operation—Age—Restrictions—Penalty.

A. No person conducting or operating a teen dance or person maintaining a teen dance hall shall permit, either by act or omission, persons under the age of sixteen to enter or remain on the premises without a parent or legal guardian present or persons over the age of twenty to enter or remain on the premises except a parent or legal guardian accompanying a person under the age of twenty years, and except bona fide employees of the person conducting or operating such teen dance or teen dance hall; provided, however, it is permissible to allow a person under the age of sixteen to enter or remain on the premises without a parent or legal guardian present if the person is a senior high school student and provides proof of high school attendance in the form of a valid high school student picture identification card or such other form of picture identification indicating that the person is of senior high school age such as a Washington State picture identification card.

B. No person conducting or operating a public dance or public dance hall shall allow persons over the age of twenty to enter or remain on the premises, except for bona fide employees of the person operating or conducting such public dance or public dance hall and parents or guardians accompanying a person when persons under the age of twenty-one are present.

C. Every person who knowingly or recklessly shall allow a person to enter or remain in violation of this section shall be guilty of a misdemeanor. It is the responsibility of the person conducting and/or operating a public dance to require picture identification showing the age of each person admitted or in the case of students attending senior high school, such identification may include valid high school student picture identification cards or such other form of picture identification indicating that the person is of senior high school age such as a Washington State picture identification card.

D. Any person who shall by affirmative misrepresentation of age obtain admission to or permission to remain in any teen dance or public dance in violation of this chapter shall be guilty of a misdemeanor.

E. No public dance shall be conducted past the hour of two a.m.; provided, however, no teen dance shall be conducted past the hour of one-thirty a.m.

F. It shall be the obligation of every person licensed under this chapter to provide proper security at public dances. The licensee shall hire uniformed security personnel approved by the chief of police. The licensee shall hire a minimum of two uniformed security personnel or such other number as recommended by the chief of police. The uniformed security personnel shall be present both during and following all public dances to maintain order and ensure compliance with the provisions of this chapter as well as the laws of the state of Washington and ordinances of the city.

G. It shall be the obligation of every person licensed under this chapter to provide proper and adequate illumination of the public dance hall and such illumination shall be maintained which is generally distributed in all parts of the premises available for use by the public. Such illumination shall be not less than ten foot candles at floor level at all times when the premises are open for the public or when any member of the public is permitted to enter and remain therein. (Ord. 1558-89 § 1, 1989)

5.20.090 Readmission fee.

No person conducting or operating a public dance or public dancehall shall permit any person, other than an employee, to leave the dance or dancehall and return unless that person pays a readmission fee equal to, or greater than, one-half the original price of admission. (Ord. 1454-88 § 9, 1988)

5.20.100 Access—Peace officer—Director.

All peace officers of the city shall have free access to all dances licensed under this chapter when a dance is being conducted for the purpose of inspection and to enforce compliance with the provisions of this chapter. (Ord. 1454-88 § 10, 1988)

5.20.110 Fees.

The annual fee for a public dancehall and teen dancehall license shall be one hundred twenty dollars. (Ord. 1488-88 § 4, 1988; Ord. 1454-88 § 11, 1988)

5.20.120 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 dancehall, including parking lot and driveway areas used by patrons of the dancehall. “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. 1454-88 § 12, 1988)

5.20.130 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. 1454-88 § 13, 1988)

5.20.140 License.

Each license issued by the city clerk shall be valid for a period of one year. The license year shall be from January 1st to December 31st of each year, provided that the city clerk may issue a permit to any applicant for one dance only who meets and complies with all of the requirements of this chapter and pays a fee of twenty dollars per dance; provided further, that the city clerk shall not issue more than two single dance permits within any six-month period to any one person, or to anyone acting on their behalf or to any applicant desiring to hold a public dance at any place where more than two single dance permits have been issued within the last six months without the applicant first securing an annual dance license. (Ord. 1454-88 § 14, 1988)

5.20.150 Indemnification.

A. The licensee for a public dancehall license for a teen dance shall indemnify and hold the city harmless from any and all losses, claims, actions or damages suffered by any person or persons by reason of or resulting from any negligence of the licensee or its agents, employees or patrons or on account of any act or omission of the licensee in its exercise or use or occupancy of the premises licensed in accordance with this chapter. In the event any suit or action is brought against the city, its officers, employees or agents, the licensee shall, upon notice of the commencement thereof, defend the same, at no cost and expense to the city, its officers, employees and agents, and promptly satisfy any final judgment adverse to the city, its officers, employees or agents, or to the city, its officers, employees or agents, and the licensee jointly; provided, that in the event the city determines that one or more principles of governmental or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the city or its officers, employees or agents; provided, however, that nothing contained in this section shall be construed as requiring the licensee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city or its officers, employees or agents.

B. As a condition precedent to obtaining a public dancehall license for a teen dance the licensee shall, at no expense to the city secure and maintain during the full term of this agreement, general comprehensive liability insurance issued by one or more companies authorized to do business in the state, which insurance shall be subject to the approval of the city attorney as to company, form, coverage and which insurance must fully protect the city from any and all claims and risks in connection with any activity performed by the licensee by virtue of this chapter and provide the following minimum coverage:

1. Five hundred thousand dollars per person, per occurrence;

2. Five hundred thousand dollars annual aggregate. The policy must specifically name the city, its officers, employees and agents, as an additional insured party thereunder in the following manner:

The City of Everett, its officers, employees and agents are an additional insured for all coverages and provided by this policy of insurance and shall be fully and completely protected by this policy and for any claim, suit, injury, death, damage or loss of any sort sustained by a person, organization or corporation in connection with any activity upon or use or occupancy of establishments regulated by this chapter.

C. The licensee shall deliver to the city clerk a copy of all policies required under this provision and all endorsements thereto or other evidence to the reasonable satisfaction of the city clerk that the licensee has secured or renewed and is maintaining insurance as required by this section.

1. The “ACORD” form of certification of insurance shall not be submitted as such evidence, and shall not be deemed to be satisfactory evidence unless the following changes are made on such form:

a. The wording on the top of the form:

This certificate is issued as a manner of information only and confers no rights upon the certificate holder.
shall be deleted in its entirety.

b. The wording at the bottom of the form:

Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail thirty (30) days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation of any kind upon the company.
shall be changed to read:

Should any of the above described policies be cancelled, reduced as to coverage, or otherwise changed before the expiration date thereof, the issuing company shall provide written notice of such action to the City Clerk of the City of Everett.

D. The procuring of the insurance required by this section shall not be construed to limit licensee’s liability hereunder.

E. Licensee shall provide for the prompt and efficient handling of all claims for injury, death, damage or loss arising out of the acts or omissions of licensee. (Ord. 1488-88 § 5, 1988; Ord. 1454-88 § 15, 1988)

5.20.160 Litter control—Security for cleanup.

A. Prior to issuance of any public dance license a cash security deposit in the amount of one hundred dollars shall be submitted to the city clerk as security for the cleanup of all litter resulting from any public dance authorized by the licensee. 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 one block radius of the location of the dance unless clearly identified to the dance.) 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 a 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 renewal 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. If funds sufficient to replenish the fund are not received within five days of receipt of written notice then the license shall be suspended until sufficient funds are received. Within the five days of receipt of notice of deficiency, the licensee may inform the clerk in writing of circumstances justifying nonpayment of additional funds which information shall be considered by the clerk and the license shall not be suspended if the nonpayment in the opinion of the clerk is justified.

C. If the funds for security for cleanup are fully expended within any one week, or if the funds for cleanup fall below fifty dollars twice in any quarter or five times in any year, then the clerk shall require an additional cash deposit of the higher of two hundred dollars or the greatest one-week expenditure for cleanup during the prior year.

D. Upon termination of all activities authorized by a public dance license and cleanup of all litter resulting from such an activity, the remainder of all funds deposited as security for litter cleanup shall be refunded to the licensee, without interest. (Ord. 1454-88 § 16, 1988)

5.20.170 Authority of the director.

A. The city clerk is authorized to:

1. Make rules for the interpretation and implementation of this chapter;

2. Grant, renew, deny, suspend or revoke licenses according to the terms of this chapter;

3. Collect fees for the application according to the terms of this chapter. (Ord. 1454-88 § 17, 1988)

5.20.180 Third party liability.

A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

B. It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.

C. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of an applicant/licensee to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 1454-88 § 22, 1988)

5.20.190 Operating without a license—Penalty.

Any person who shall conduct or operate a public dance or public dancehall without a valid license issued pursuant to this chapter shall be guilty of a misdemeanor. (Ord. 1454-88 § 18, 1988)

5.20.200 Violation—Penalty—Misdemeanor.

Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day during which any violation of any of the provisions of this chapter is committed, continued or permitted; and upon conviction of any such violation, such person shall be subject to a fine of not more than one thousand dollars or imprisonment for not more than ninety days, or both such fine and imprisonment.

A. Violation—Injunctive Action. Any violation of the provisions of this chapter constitutes a public nuisance which the city can abate by an action in Snohomish County superior court. The costs of such action shall be taxed against the violator.

B. Provisions Nonexclusive. Penalty and enforcement provisions provided in this chapter are not exclusive, and the city may pursue any remedy or relief it deems appropriate. (Ord. 1454-88 § 19, 1988)