Chapter 5.44
PUBLIC DANCES – PUBLIC
DANCE HALLS*

Sections:

5.44.010    Definitions.

5.44.020    License required – Fee – Application – Exemptions.

5.44.030    Sanitation – Ventilation – Lighting.

5.44.040    Hours of operation.

5.44.050    Persons under influence of intoxicating liquor prohibited.

5.44.060    Liquor violations.

5.44.070    Congregation upon stairways prohibited.

5.44.080    Disorderly conduct.

5.44.090    Smoking restrictions.

5.44.100    Minors.

5.44.110    Police officer – Attendance required.

5.44.120    Police officer – Applicant to pay costs.

5.44.130    Authority of chief of police to make rules and regulations.

*The provisions of this chapter are exempted from the operation of the business and occupation tax, Chapter 5.05 LMC.

5.44.010 Definitions.

(1) “Public dance” as used in this chapter means any dance or ball to which the public generally may gain admission with or without the payment of a fee.

(2) “Public dance hall” as used herein means any room, hall, pavilion, boat, float, building or other structure kept for the purpose of conducting therein public dances or dancing, or any place in which a public dance or hall shall be held. (Ord. 1565 § 2, 1972).

5.44.020 License required – Fee – Application – Exemptions.

(1) It is unlawful for any person to conduct or engage in the operation of a public dance hall in the city without having first procured a license therefor from the city clerk.

(2) The fee for such license shall be $10.00 for each dance. Such license fee shall be in lieu of the certificate of registration required under LMC 3.04.110 but shall not exempt such person from the payment of the regular admission tax required by any ordinance as described by ordinance of the city.

(3) Application for such license shall be made in writing on forms furnished by the city clerk, shall be signed by the applicant and shall state the location of the room or rooms, or the place to be occupied for such dance, giving the street and number and the full name or names of the applicant.

(4) Dances that are officially sponsored and sanctioned solely by a public, parochial or private (nonprofit) school shall be exempt from payment of said license fee. (Ord. 1565 § 3, 1972).

5.44.030 Sanitation – Ventilation – Lighting.

All public dance halls shall be kept in a clean, healthful, sanitary condition and well lighted at all times during any dance. They shall be well ventilated, and all stairways, halls, passages and rooms connected with the dance hall shall be kept open and well lighted at all times. (Ord. 1565 § 4 1972).

5.44.040 Hours of operation.

All public dances and all music therein shall cease and terminate at or before 2:00 a.m.; provided, however, that upon application and for good cause shown the city manager may grant permission to hold or continue a dance after such hour if he shall find that the same may be conducted without undue annoyance to any considerable number of people. (Ord. 1565 § 5, 1972).

5.44.050 Persons under influence of intoxicating liquor prohibited.

It is unlawful for any person maintaining, conducting or carrying on any public dance hall, or having charge or control thereof, or for any person employed in or about the same, to allow or permit any person, under the influence of intoxicating liquor, or any disorderly person to enter, be or remain in or to dance in any such public dance hall. (Ord. 1565 § 6, 1972).

5.44.060 Liquor violations.

(1) It is unlawful for any person conducting a public dance hall, or for any person having charge or control thereof, at any time when a dance is being conducted therein, to permit any patron to bring into the dance hall or any room or rooms in connection therewith, any intoxicating liquor.

(2) It is unlawful for any person to permit intoxicating liquor to be drunk in the dance hall, or in any adjacent rooms, unless licensed by the state and by the city, said city license to be obtained in accordance with Chapter 5.40 LMC.

(3) It is unlawful for any patron to bring into a public dance hall or any room or rooms in connection therewith, any intoxicating liquor at any time when a dance is being conducted therein.

(4) It is unlawful for any person to consume intoxicating liquor in a public dance hall, or any room or rooms in connection therewith, unless such intoxicating liquor shall be served by the owner, operator or employees of such owner or operator of such dance hall. (Ord. 1565 § 7, 1972).

5.44.070 Congregation upon stairways prohibited.

It is unlawful for any person conducting a public dance hall to allow or permit the patrons of said dance to congregate upon the stairway of any public dance hall while the dance is in progress. (Ord. 1565 § 8, 1972).

5.44.080 Disorderly conduct.

No disorderly conduct shall be permitted at any public dance or dances. If any police officer of the city finds any disorderly conduct occurring at any dance, or that the dance is not being conducted in accordance with the requirements of this chapter, he may summarily close the dance hall, cause the same to be vacated, and may suppress and discontinue the dance. (Ord. 1565 § 9, 1972).

5.44.090 Smoking restrictions.

No person shall be permitted to smoke or carry in his hand or her hand a lighted cigar, cigarette or pipe in any public dance hall while dancing. (Ord. 1565 § 10, 1972).

5.44.100 Minors.

Except as expressly provided for teenage dances in Chapter 5.48 LMC, it is unlawful:

(1) To permit any person under 18 years of age to attend or remain at any public dance unless such person is accompanied by his parent or legal guardian;

(2) For any person to falsely represent his age in order to attend or remain at any public dance;

(3) For any person to falsely represent himself to be the parent or legal guardian of another in order that such other person may attend or remain at any public dance. (Ord. 1565 § 11, 1972).

5.44.110 Police officer – Attendance required.

The chief of police shall assign a special deputy police officer to each public dance, who shall be and remain in continual attendance thereat and until such time thereafter as the patrons shall have dispersed, and who shall enforce the provisions of this chapter with the assistance of the regular on duty police officers, if necessary, of the city. (Ord. 1565 § 12, 1972).

5.44.120 Police officer – Applicant to pay costs.

All applicants for licenses provided for herein shall, at the time of granting the same, pay an amount sufficient to cover the cost of such special deputy. The chief of police, with approval of the city manager, shall fix the amount thereof. (Ord. 1565 § 13, 1972).

5.44.130 Authority of chief of police to make rules and regulations.

The chief of police shall have authority to make all proper and necessary rules and regulations, not inconsistent herewith, for the purpose of effectively carrying out the provisions and intent of this chapter. (Ord. 1565 § 14, 1972).