Chapter 4.12
DANCING

Sections:

4.12.010    Permit—Owner or controller of premises to obtain.

4.12.020    Permit—Sponsors to obtain.

4.12.030    Permit—Council’s right to refuse, withdraw.

4.12.040    Request for permit—Decision by police chief—Hearing.

4.12.050    Hours permitted—Exceptions.

4.12.060    Intoxicated, disorderly persons prohibited.

4.12.070    Premises must be well lighted.

4.12.080    Conformance required.

4.12.090    Public and quasi-public defined.

4.12.100    Penalties for violations.

4.12.010 Permit—Owner or controller of premises to obtain.

It is unlawful for any person, firm, corporation, club or association to rent, lease or permit to be used any hall, building, pavilion or other property owned or controlled by them for the purpose of conducting a public or quasi-public dance without first obtaining a permit therefor from the city clerk. The permit required under this chapter is separate from and in addition to the business licenses issued under Chapter 4.20, which may also be required when applicable. (Ord. 1891 § 2, 2020: Ord. 112 § 1; July 7, 1931).

4.12.020 Permit—Sponsors to obtain.

It is unlawful for any person, firm, corporation, club or association to give or have any part in giving any public or quasi-public dance without first obtaining a permit therefor from the city clerk. (Ord. 112 § 2; July 7, 1931).

4.12.030 Permit—Council’s right to refuse, withdraw.

Nothing in this chapter shall be so construed as to mean any waiver of the rights of the city council to refuse any permit herein provided for or to withdraw the same whenever such action is necessary in the interests of public welfare or social decency. (Ord. 112 § 3; July 7, 1931).

4.12.040 Request for permit—Decision by police chief—Hearing.

Any dance permit request by an applicant shall be made to the chief of police and shall specify the date requested for the dance and the place of holding thereof. The chief of police of the city shall have the right to approve or disapprove thereof. In the event that the permit is approved by the chief of police, the chief of police shall, upon receipt of fees set by resolution, issue and deliver a dance permit to the applicant or his agents. In the event of disapproval of a request for a dance permit, the applicant shall have the right to appear before the city council at a regular meeting of such council or at a special meeting of such council called for that purpose, to have the application for permit considered by the council, and, if the council after having had such hearing shall approve such application, then the chief of police shall issue the permit. (Ord. 1418 § 12, 1999; Ord. 1159 § 1, 1991: Ord. 112 § 3(a) added by Ord. 360; September 9, 1957).

4.12.050 Hours permitted—Exceptions.

No public or quasi-public dance shall be conducted later than one o’clock a.m. nor between that hour and eight o’clock a.m.; provided, however, where the circumstances seem to justify it, a special permit may be issued by the mayor in his discretion to allow a dance to remain open until a later hour expressly stated therein. (Ord. 112 § 4; July 7, 1931).

4.12.060 Intoxicated, disorderly persons prohibited.

No person shall be permitted to dance at any public or quasi-public dance in an intoxicated condition nor in any manner which is of a disorderly, lewd or suggestive character. (Ord. 112 § 5, 1931).

4.12.070 Premises must be well lighted.

All rooms or other places where such dancing is carried on shall be well lighted and there shall be no turning out of lights, or any use of dimmers whereby such room or place is so darkened that persons are not distinguishable from any part thereof. (Ord. 112 § 6, 1931).

4.12.080 Conformance required.

It is unlawful for any person in charge of any public or quasi-public dance or who has any interest or part in the production or management of any such dance or any owner or lessee of the building where any public or quasi-public dance is held to permit any dancing at such dance in a manner contrary to the provisions of this chapter or to permit the attendance of any person prohibited by this chapter. (Ord. 112 § 7, 1931).

4.12.090 Public and quasi-public defined.

The terms “public” and “quasi-public” as applied to dances set out in this chapter shall be construed to mean a dance for which an admission is charged or tickets sold or for the admission to which any other consideration or thing of value is paid or exacted; provided, that this chapter shall not apply to incorporated clubs, fraternal orders or other societies occupying their own premises and who limit their dances to members of their own organization. (Ord. 112 § 8, 1931).

4.12.100 Penalties for violations.

Failure to perform any act required, or performance of any act prohibited, by this chapter is designated as a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed such a civil infraction shall be subject to the penalties set forth in Chapter 1.16. (Ord. 1665 § 1 (part), 2010: Ord. 112 § 9, 1931).