Chapter 5.70 PUBLIC DANCES, DANCE HALLS AND CABARETS

It shall be unlawful for any person, firm or corporation to own, possess, control or maintain any amusement device, public dance, dance hall or cabaret within the City of Mountlake Terrace except in accordance with the provisions of this chapter. The licenses required under this chapter are separate from and in addition to the business license that may be required under Chapter 5.05 MTMC when applicable. (Ord. 2764 § 15, 2019; Ord. 643 § 1, 1968).

5.70.020 “Amusement device” defined.

“Amusement device” includes, but not by way of limitation, pinball machines, pool tables, record or tape playing devices, or other amusement devices whether in any public place or private club. Music systems provided by stores as background music and not subject to operation by the customers either in terms of program selection or payment, and all other noncoin-operated music machines, shall be exempt. Legal games of skill shall also be exempt when used during fund-raising functions of noncommercial organizations for less than four-hour periods and less than four times yearly. (Ord. 643 § 2, 1968).

5.70.030 “Public dance” defined.

“Public dance” means any dance to which the public is invited or admitted for any fee, except that dances held by and for students in public school buildings shall be exempt from fee and license after registration of the dance schedule with the Police Chief. (Ord. 643 § 3, 1968).

5.70.040 “Cabaret” defined.

“Cabaret” means any room, place or space in the City open at any time for service to the public, in which the guests, patrons, entertainers or other persons are permitted to sing, dance, perform, or otherwise engage in musical entertainment, exhibitions, theatrical performances, shows, or similar amusements in connection with restaurant business or the business of indirectly selling any food refreshments and alcoholic beverages. (Ord. 643 § 4, 1968).

5.70.050 License required for each device.

The operator of any place where amusement devices are provided shall apply for a license for each amusement device on forms prescribed by the City Clerk and pay the license fee for each device as required in the current Business License Ordinance. (Ord. 1026, 1975; Ord. 643 § 5, 1968).

5.70.060 Distributor’s license.

The owner or distributor of any amusement device shall apply for a distributor’s license on such forms as may be prescribed by the City Clerk and pay the annual license fee as required by the current Business License Ordinance. (Ord. 1026, 1975; Ord. 643 § 6, 1968).

5.70.070 Term of license.

Any license issued pursuant to the provisions hereof shall be for the year following the date of issuance thereof, and shall not be transferable except under conditions hereinafter stated. Licenses required by this chapter shall be in addition to any other business license required by other City ordinance. (Ord. 643 § 7, 1968).

5.70.080 Public dance hall license.

It shall be unlawful to conduct, manage, operate or maintain a public dance hall within the City of Mountlake Terrace without a valid and subsisting license to do so at the fee required by the current Business License Ordinance. (Ord. 1026, 1975; Ord. 643 § 8, 1968).

5.70.090 Dance permit.

It shall be unlawful for any person not having a public dance hall license to hold a public dance without having first obtained a permit therefor from the Chief of Police. The Chief of Police may issue the permit upon presentation to him of the City Treasurer’s receipt showing that the required fee has been paid. The application for a dance permit shall be made in writing on forms to be provided by the Police Department, at least 48 hours before the dance authorized thereunder is to be held; provided, however, that an annual permit may be issued for dances held and conducted in regularly established and licensed places used principally for dances. The fee for a single function dance permit is as set forth in the current Business License Ordinance. (Ord. 643 § 9, 1968).

5.70.100 Pass checks, certain persons in dance halls, and certain discriminations prohibited – Free pass regulations.

It shall be unlawful:

A. To issue pass checks, or other checks, permitting a person to leave and enter a public dance hall.

B. To permit on the dance hall premises any person having in his possession, or offering for sale, selling, giving away, or drinking, any intoxicating liquors.

C. To permit any person under the influence of liquor, or drugs, to participate in or remain at any public dance hall or public dance.

D. To permit narcotic peddlers, narcotic addicts, lewd or dissolute persons, or prostitutes, to be on or above the public dance hall premises.

E. Because of such uniform to exclude, or cause to be excluded, from any such public dance hall any person lawfully wearing the regulation uniform of the Army, Navy, or Marine Corps of the

United States conforming to service requirements and regulations, whether such exclusion be directly effected by the barring of any such uniform or indirectly by barring persons entering such hall unless otherwise than in such uniform attired. (Ord. 643 § 10, 1968).

5.70.110 Public dance halls shall be properly lighted.

After sunset, every public dance hall shall be lighted or illuminated in such a manner and to such an extent as to usual or customary for lighting halls or rooms or like dimensions in the night time for public assemblage, before any patrons are admitted thereto, or before any dance or dancing is commenced therein; provided, however, that the intensity of such lighting or illumination shall at no time be less than a one foot-candle at a plane of three feet above the floor of such hall at all parts thereof. Such lighting or illumination shall be maintained thereafter throughout the entire time for which such dance hall shall be open and entertaining patrons, and during any recess or other intermission, without the diminution and without interruption, until such dance hall shall be cleared and closed. Shadow and moonlight dances are hereby prohibited and declared to be unlawful. (Ord. 643 § 11, 1968).

5.70.120 Misconduct at public dance prohibited – Power of police.

It shall be unlawful for any person to whom a dance hall license is issued, or for any person conducting a public dance hall under license or permit 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, or to permit to any such dance hall any prostitute, pimp or procurer. Any supervisory officer of the Police Department, shall have the power, and it shall be the duty of each of them to cause any dance hall to be vacated whenever any provision of this chapter relating to public dance halls, or public dancing is being violated or whenever any indecent acts shall be committed, or when any disorder or conduct of a gross, violent or vulgar character shall take place therein. (Ord. 643 § 12, 1968).

5.70.130 Issuance, denial, or cancellation of dance permits.

The Chief of Police may refuse to issue a dance permit, or he may cancel or revoke any such permit after it has been issued, if he shall learn that the same was procured by fraud or false representation of facts, or that the applicant or permittee has failed to comply with the provisions and requirements of this chapter, or has violated any provisions hereof, or for any other reason which, in the opinion of the Chief of Police, will be detrimental to the public peace, health or welfare. Any person may appeal to the City Manager from any decision of the Chief of Police in refusing to issue a dance permit under the provisions of this chapter, or revoking a permit previously granted by him.

No dance permit shall be transferable from one person to another, and no refunds or rebates of money paid shall be made.

The City Manager is authorized to review any action of the Chief of Police relative to such refusal to issue a dance permit or the revocation of a permit previously issued, and the action of the City Manager shall be final. (Ord. 643 § 13, 1968).

5.70.140 Employees in public dance halls.

No person in any public dance hall, or in or about any public dance, shall, during the hours of his or her employment, dance or partake of any refreshments with any patron or customer of such dance hall or dance, and no manager or operator thereof shall permit, suffer or allow any such person to do so. (Ord. 643 § 14, 1968).

5.70.150 Soliciting on commission basis prohibited.

It shall be unlawful for any person in or about any public dance hall, or other place in which public dancing is conducted, to solicit dancing partners on a commission basis, direct or indirect, or to solicit the purchase of refreshments on a commission basis, direct or indirect, and it shall be unlawful for the owner, manager or other person connected with the operation of any dance hall, or any other place in which dancing is conducted, to permit or allow any such solicitation therein. (Ord. 643 § 15, 1968).

5.70.160 Cabarets.

A. “Class A Cabaret” means any cabaret in which six or more persons are engaged or employed to provide, during one calendar day, musical entertainment, singing, dancing, exhibitions, theatrical performances, shows or other similar amusement.

B. “Class B Cabaret” means any cabaret in which less than six but more than one persons are engaged or employed to provide, during one calendar day, musical entertainment, singing, dancing, exhibitions, theatrical performances, shows or other similar amusement.

C. “Class C Cabaret” means any cabaret not included in the definition of “Class A Cabaret” or of “Class B Cabaret” hereinabove set forth. (Ord. 643 § 16, 1968).

5.70.170 Cabaret license requirements.

No person shall open up, conduct, manage, operate or maintain a Class A cabaret, Class B cabaret, or Class C cabaret, without having a license so to do, issued by the City Clerk at the fee set forth in the current Business License Ordinance.

Each license issued shall be transferable only upon approval of the Police Chief in accordance with this chapter and payment of a transfer fee equal to one-half of the fee charged for the license.

No cabaret license shall be granted for any location within 500 feet of any playground or park or grade or high school or the grounds thereof.

Each application for cabaret license or for removal of the same made by or on behalf of a corporation shall include a list of the names and addresses of all directors, officers, and shareholders of said corporation and if at any time changes of directors, officers, or shareholders shall occur said list shall forthwith be amended by notice in writing filed with the City Clerk and failure to comply with this section shall be additional grounds for suspension or revocation of such license. (Ord. 1026, 1975; Ord. 643 § 17, 1968).

5.70.180 Employees not permitted to take refreshments with guests.

It shall be unlawful for any person owning, managing, operating or conducting a cabaret to allow or permit any person employed by him in the capacity of an entertainer, or otherwise, to approach or accost any guest to have refreshments with such employee, as aforesaid, during the hours of their employment, nor shall any person in the premises of a cabaret approach any person who is an employee of the owner, manager or operator in the capacity of an entertainer, or otherwise, during the hours of such employee’s employment, for the purpose of inducing any such employee to have refreshments with any guest or patron of such cabaret. (Ord. 643 § 18, 1968).

5.70.190 Boxes and booths to be open.

It shall be unlawful for any person owning, operating or managing a cabaret to have, permit or maintain any boxes or booths closed by any door, screen, curtain or other device, or to have, permit or maintain any box or booth on the premises of any cabaret with entrance thereto on any side other than that side which faces the center line of the main room. (Ord. 643 § 19, 1968).

5.70.200 Minors not permitted in cabaret.

It shall be unlawful for the owner, proprietor, or manager in charge of the cabaret, or for any employee at said place, to harbor, admit, receive or permit to be or remain in and about such cabaret, a minor person under the age of 21 years, or for any person under the age of 21 years to be in or about any cabaret after being notified by the management or a police officer to leave the premises, or to make any misrepresentation as to his own age or that of any other person, for the purpose of obtaining admission to any cabaret or to remain therein.

It shall be unlawful for the owner, proprietor or person in charge of any cabaret, to employ in such place any person who is not at least 21 years of age. (Ord. 643 § 20, 1968).

5.70.210 Cabarets to be properly illuminated.

After sunset every cabaret licensed under the provisions of this chapter shall be so lighted or illuminated by either gas or electricity or other means, that the intensity of such illumination shall at no time be less than three foot-candles at a plane three feet above the floor, at all parts of said cabaret, and it shall be unlawful for any person in charge of a cabaret to admit any patron thereto after sunset until said place is illuminated as provided therein. Such lighting or illumination shall be maintained thereafter throughout the entire time during which such cabaret shall be open for entertaining patrons and until such cabaret shall be cleared and closed. (Ord. 643 § 21, 1968).

5.70.220 Closing hours of public dance halls and cabarets – Dancing on Sunday near places of public worship.

It shall be unlawful for any person to conduct a public dance in or to permit dancing in any cabaret, hotel, restaurant, cafe, lunch room or tavern, or to permit or furnish any entertainment therein between the hours of 3:30 a.m. and 11:00 a.m. of any day.

No public dance, cafe dance or cabaret shall be conducted on Sunday within a radius of 600 feet of any place of public worship, when a protest signed by the owners (as shown by the records of the City) of at least 51 percent of the property lying within a radius of 600 feet from such public dance hall, cafe dance or cabaret be filed with the City Council. (Ord. 643 § 22, 1968).

5.70.230 Fire Code permits.

Permits shall be secured from the Fire Department for places of public assembly, as required by City ordinances. No separate fees shall be required for these permits. Said permits shall be displayed as required. (Ord. 643 § 23, 1968).

5.70.240 Suspension or cancellation of license.

Any operator’s business license may be canceled or suspended for a definite period upon conviction of the operator of any offense defined in this chapter, or arising from the operation of his place of business by himself or any employee, and of any violations of the laws of the state of Washington or ordinances of the City of Mountlake Terrace pertaining to gambling, drugs or narcotics, or the sale of liquor. Suspension or cancellation of any license shall be upon notice to the license holder from the City Manager. (Ord. 643 § 24, 1968).

5.70.250 Violation – Penalties.

Any violation of this chapter shall be deemed a misdemeanor punishable by a fine not to exceed $300.00 or by imprisonment for a period not to exceed 90 days or by both such fine and imprisonment. (Ord. 643 § 25, 1968).