CHAPTER 13
PUBLIC DANCES AND DANCE HALLS
SECTION:
5-13-2: License Required, Fee, Renewals
5-13-3: License, Exemption And Waiver Of Payment
5-13-5: License, Criteria For Approval, Reapplications
5-13-6: Conditions Upon Issuance Of License, Review Of Operations
5-13-7: Appeal From Denial Or Conditions
5-13-8: Security Personnel Required
5-13-9: Litter Control, Security For Clean Up
5-13-10: Loitering On Premises Prohibited
5-13-11: Area For Waiting For Admission Entrance And Security
5-13-12: Revocation Or Suspension Of License
5-13-15: Public Dance, Readmission Fee
5-13-16: Access, By Police And Fire Officers
5-13-17: License Limited To Licensee And Location
5-13-19: Violations Of This Chapter And Penalties
5-13-1 DEFINITIONS:
For the purpose of this Chapter and unless the context plainly requires otherwise, the following definitions are adopted:
DANCE HALL: Any place or premises where a public dance is conducted, including but not limited to all hallways, bathrooms, and all adjoining enclosed areas accessible to the public during the dance.
FIRE MARSHAL: The Renton Fire Marshal or his designee.
PERSON: Includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization.
POLICE CHIEF: The Renton Police Chief or his designee.
PUBLIC DANCE: Any dance that is open to the public and which: 1) is conducted for a profit, direct or indirect; or 2) requires a monetary payment or contribution from 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. The term “public dance” does not apply to an establishment bearing a general license to serve alcoholic beverages issued by the Washington State Liquor Control Board, such as a Class H license. The term “public dance” does apply to an establishment, group or individual holding a single-event or short duration liquor license such as a banquet permit, when otherwise falling within the definition of “public dance”. (Ord. 4391, 2-22-93)
5-13-2 LICENSE REQUIRED, FEE, RENEWALS:
A. It is unlawful for any person to conduct a public dance within the City without first having obtained and being the holder of a valid and subsisting license for such activity, to be known as a public dance license. The annual fee for a public dance license is two hundred fifty dollars ($250.00). A limited license for a single event is twenty five dollars ($25.00) per event day, but no more than three (3) limited licenses shall be obtained in any calendar month or more than six (6) limited licenses in any calendar year unless the full yearly license has been paid.
B. The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30, the license fee for the remainder of that year shall be one-half (1/2) of the annual license fee. Annual license renewals shall be obtained and paid in full by January 31 of each calendar year.
C. There shall be assessed and collected by the Clerk an additional charge computed as a percentage of the license fee, on renewal applications not made when due, including payment of the required fee, on or before January 31 of each calendar year as follows:
|
Days Past Due |
Additional Percentage of License Fee |
|---|---|
|
7 – 30 |
25% |
|
31 – 60 |
50% |
|
61 and over |
100% |
5-13-3 LICENSE, EXEMPTION AND WAIVER OF PAYMENT:
A. A license is not required under this Chapter if the dance is conducted by the City of Renton or by a public and/or private school licensed by the State of Washington, if conducted on school property. (Ord. 4641, 11-4-96)
B. The City Council shall have the right to waive the requirement of payment of the license fee in the case of any dance open to the public which is conducted for a charitable purpose by a nonprofit, tax exempt organization, corporation or association recognized as exempt from Federal income tax pursuant to the Internal Revenue Code. Application for a fee waiver shall be made no less than thirty (30) days prior to the date of the dance for which a license is sought.
5-13-4 LICENSE, APPLICATION:
A. Applications for any license pursuant to this Chapter shall be submitted in writing to the Finance Director upon such forms as the Finance Director may prescribe at least thirty (30) days prior to the first dance. In addition to other information requested, application forms shall contain the name and place of residence of the applicant, the address and description of the premises to be licensed and the time and date of the dance or dances to be held. The Finance Director must be notified within ten (10) days of any changes in the information required in this Section.
B. All applications shall be referred to the Police Chief who shall conduct an investigation as to the truth of the statements contained therein and investigate all other matters pertaining to the criteria for license approval set forth in this Chapter. The Chief of Police shall report to the City Council the results of such investigation, as well as his other findings as to whether the criteria for obtaining a public dance license have been met.
C. The application shall also be reviewed by the Environmental Review Committee under the State Environmental Policy Act (SEPA).
5-13-5 LICENSE, CRITERIA FOR APPROVAL, REAPPLICATIONS:
A. The Finance Director shall grant a license unless it finds that one or more of the following conditions exist:
1. The building, structure, equipment or location of the business or dance for which license is sought does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the State of Washington, King County, and the City of Renton, or the requirements of this Chapter;
2. The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the dance or dance hall has been convicted within the last five (5) years of:
a. A felony involving a crime of violence (as defined in RCW 9.41.010(2) as it now exists or as hereafter amended) or any felony under RCW chapter 9A.44, 9A.64, 9A.88 or 69.50; or
b. A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile.
B. Any applicant denied a license may reapply and be granted a license if the applicant can show that the basis for such denial no longer exists, or may appeal such denial pursuant to Section 5-13-7, below.
C. Applications for renewal of a license issued under this Chapter shall be processed and considered according to the criteria for initial issuance of the license.
5-13-6 CONDITIONS UPON ISSUANCE OF LICENSE, REVIEW OF OPERATIONS:
At the time of granting a license or license renewal pursuant to this Chapter, the Finance Director, when authorized by City Code or State or Federal law, rule or regulation or the Environmental Review Committee pursuant to the State Environmental Policy Act may impose such conditions as necessary to adequately protect the public health, safety and general welfare.
5-13-7 APPEAL FROM DENIAL OR CONDITIONS:
A. When the Finance Director refuses to grant a license, or grants a license with conditions, the City shall notify the applicant in writing of the same and shall inform the applicant of his right to a hearing before the Hearing Examiner within ten (10) days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the Hearing Examiner.
B. If the applicant timely files a notice of appeal, the applicant shall be afforded a hearing before the Hearing Examiner at which time the applicant shall be afforded an opportunity to show that the conditions imposed are without merit or that the reasons for denial of the license do not justify the denial. After the hearing the examiner shall determine whether the applicant has shown reason to revise the conditions or to issue the license and shall make its final decision.
Any aggrieved party may appeal the Hearing Examiner’s decision by seeking, within ten (10) days of the examiner’s decision, a writ of review from the King County Superior Court. (Ord. 4075, 6-22-87)
5-13-8 SECURITY PERSONNEL REQUIRED:
A. It shall be the obligation of every person licensed under this Chapter to insure that an adequate number of qualified security personnel are employed and in attendance during and following each public dance as is necessary in order to maintain order and insure compliance with the laws of the State of Washington and ordinances of the City of Renton. The applicant shall prepare and present to the Police Chief a security plan for the premises, which the Chief shall review and approve if it is in appropriate form. If the Police Chief rejects the security plan then he shall state specifically the reasons why the plan does not provide adequate security and return it to the applicant. The applicant shall then have the obligation to prepare a further security plan until such time as he receives the Police Chief’s approval. Any refusal by the Police Chief to approve a security plan shall be subject to appeal to the Hearing Examiner in accordance with Section 5-13-7 of this Chapter, just as if the decision was that of the Finance Director.
B. The Police Chief of the City of Renton shall have the right to require an increase in security personnel if the Chief believes the extra security is necessary because of past incidents at the dance hall which threaten public safety, health or welfare or threats or evidence of future incidents that threaten public safety, health or welfare. Any decision of the Chief to require extra security personnel may be appealed to the Hearing Examiner in the manner described in Section 5-13-7. (Ord. 4391, 2-22-93)
5-13-9 LITTER CONTROL, SECURITY FOR CLEAN UP:
A. Prior to issuance of any public dance license a cash security deposit in the amount of two hundred dollars ($200.00) shall be submitted to the City Clerk as security for the clean up of all litter resulting from any public dance authorized by the license. 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 (24) hours of the end of the dance, the City may cause such litter to be cleaned up and pay the costs of the clean up 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 clean up 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 (5) days of receipt of written 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 clean up 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 (5) days of receipt of written notice then the dance hall license shall be suspended until sufficient funds are received. Within the five (5) days of receipt of notice of deficiency, the dance hall licensee may inform the Finance Director in writing of circumstances justifying nonpayment of additional funds which information shall be considered by the Finance Director and the licensee shall not be suspended if the nonpayment is justified.
C. If the funds for security for clean up are fully expended within any one week, or if the funds for clean up fall below one hundred dollars ($100.00) twice in any quarter or five (5) times in any year, then the Finance Director shall require an additional cash deposit of not less than two hundred dollars ($200.00) and not more than the greatest one week expenditure for clean up during the prior year.
D. Upon termination of all activities authorized by a public dance license and cleanup of all litter resulting from such activity, the remainder of all funds deposited as security for litter clean up shall be refunded to the licensee, without interest.
5-13-10 LOITERING ON PREMISES PROHIBITED:
It shall be the obligation of each person issued a license under this Chapter to use best efforts to prevent loitering of all persons on the premises of the dance hall, including all parking lot and driveway areas used by patrons of the dance hall. 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. Loitering shall also not include waiting to be admitted to the dance hall when such waiting occurs in an area dedicated or reserved for such waiting.
5-13-11 AREA FOR WAITING FOR ADMISSION ENTRANCE AND SECURITY:
A. Any dance hall shall provide an area, which area is not part of the public right-of-way or sidewalks, where patrons may wait for admission to the dance hall. This area shall be clearly marked. The number of persons permitted in this area shall be limited to a number of persons reasonably likely to obtain admission to the dance hall within thirty (30) minutes considering the normal rate of turnover of patrons within the dance hall. At no time shall the number of patrons waiting exceed the permitted occupancy load of the dance hall as established by the Fire Code and Fire Marshal. The dance hall operator shall provide security personnel to control the waiting area one hour before opening and throughout the hours of operation. The security personnel shall use their best efforts to prevent persons seeking admission but not permitted in the waiting area from congregating on the public right-of-way or sidewalks, and the security personnel shall require such persons to leave the property under control at the dance hall.
B. All persons admitted to the dance hall shall be admitted through a single entrance where the occupancy load can be monitored.
C. The management of any dance hall shall prohibit any person under the influence of intoxicants or drugs from entering the dance hall and shall expel any person under such condition if found within the premises.
5-13-12 REVOCATION OR SUSPENSION OF LICENSE:
A. After giving notice to the licensee of the right to a hearing pursuant to the procedures set forth in this Ordinance, and conducting a hearing if a timely request is filed, the Finance Director may suspend or revoke any license issued pursuant to this Chapter where one or more of the following conditions exist:
1. The license was procured by fraud or false representation of material fact in the application or in any report or record required to be filed;
2. The building, structure, equipment or location of the business or dance for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the State of Washington, King County, and the City of Renton, or the requirements of this Chapter;
3. The applicant or any of the applicant’s officers, directors, partners, operators, or with the applicant’s actual or imputed knowledge employees or any other person involved in the operation of the dance or dance hall has been convicted within the last five (5) years of:
a. A felony involving a crime of violence (as defined in RCW 9.41.010(2) as it now exists or as hereafter amended) or any felony under RCW chapters 9A.44, 9A.64, 9A.88 or 69.50; or
b. A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile.
4. The licensee or his employee, agent, partner, director, officer or manager has knowingly allowed or permitted:
a. A felony involving a crime of violence (as defined in RCW 9.41.010(2) as it now exists or as hereafter amended) or any felony under RCW chapters 9A.44, 9A.64, 9A.88 or 69.50 to occur in or upon the dance hall premises;
b. A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile to occur in or upon the dance hall premises;
c. Any unlawful act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the dance hall premises; or
d. The dance hall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur; or
e. The possession or consumption of liquor by persons under the age of twenty one (21) years, in or upon dance hall premises; or
f. The giving or supplying of liquor to any person under the age of twenty one (21) years; or
g. The use by any person in or upon the dance hall premises of marijuana, cocaine or any other controlled substance (as defined in RCW 69.50.101[d] as now exists or as hereafter amended) not prescribed by a licensed physician for use by the person possessing or using the substance.
h. Violation of any condition placed upon a license issued pursuant to this Chapter, of this Ordinance, or of any other applicable law or ordinance, which the Finance Director finds constitutes an unreasonable interference with surrounding land uses or is otherwise unreasonably detrimental to the public welfare;
i. Failure to timely file and pay any admissions tax or other fee owing to the City of Renton;
j. Any person under the influence of intoxicants or drugs onto or to remain within the premises.
B. If the Finance Director finds that any of the conditions set forth in this Chapter exists and that the existence of such condition constitutes a threat of immediate and serious injury or damage to person or property, and in the case of conditions which may be eliminated by the licensee, that notice of the conditions have been given to the licensee and at least twenty four (24) hours have expired without the elimination of such conditions, the Finance Director may immediately suspend any license issued under this Chapter without prior opportunity to be heard, in which event the licensee shall be entitled to appeal the decision to the Hearing Examiner in accordance with Section 5-13-7 of this Chapter. The notice of immediate suspension of license given pursuant to this subsection shall include a statement of the conditions found to exist that constitutes a threat of immediate and serious injury or damage to persons or property, and shall also inform the applicant of his right to appeal within ten (10) days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the City Clerk.
C. Revocation of any license issued under this Chapter shall be accomplished pursuant to Section 5-13-7.
D. Any decision of the Finance Director to revoke or suspend a dance hall license may be appealed to the Hearing Examiner within ten (10) days of the Finance Director’s decision. The appellant shall pay a seventy five dollar ($75.00) fee as a condition of filing such appeal.
E. Any aggrieved party may appeal the Hearing Examiner’s decision rendered under parts B and D of this Section, by seeking, within ten (10) days of the examiner’s decision, a writ of review from the King County Superior Court.
5-13-13 AGE RESTRICTIONS:
A. No person conducting a public dance or maintaining a public dance hall shall knowingly allow persons under the age of sixteen (16) years to enter or remain in the dance hall without a parent or legal guardian present.
B. It is the responsibility of the person conducting and/or operating a public dance to require identification showing the age of each person admitted. A valid Washington State driver’s license or photo identification card issued by the Washington State Department of Licensing shall be the only acceptable forms of proof of age.
C. Every person who knowingly or recklessly allows a person to enter or remain in violation of this Section shall be guilty of a misdemeanor.
D. Any person who affirmatively misrepresents his or her age to obtain admission to or permission to remain in any public dance in violation of this Chapter shall be guilty of a misdemeanor.
5-13-14 HOURS OF OPERATION:
No public dance hall to which any person under the age of eighteen (18) years may be admitted shall be operated past the hour of twelve o’clock (12:00) midnight on any school night. No public dance shall be operated past the hour of two o’clock (2:00) A.M. on any other day. For the purpose of this Section, the term “school night” means any night preceding a day upon which public schools within the City of Renton are scheduled to operate.
5-13-15 PUBLIC DANCE, READMISSION FEE:
No person conducting or operating a public dance or public dance hall shall permit any person, other than an employee, to leave the dance or dance hall and return unless that person pays a readmission fee equal to the original price of admission.
5-13-16 ACCESS, BY POLICE AND FIRE OFFICERS:
All police and fire officers of the City of Renton shall have free access to public dances and dance halls when a dance is being conducted, for the purpose of inspection and to enforce compliance with the provisions of this Chapter and other applicable City, County and State health, zoning, building, fire and safety ordinances and laws.
5-13-17 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.
5-13-18 APPLICABILITY:
All dance halls required to be licensed by this Chapter within the City of Renton shall be regulated by the provisions of this Chapter, regardless of whether a public dance license or business license was obtained from the City prior to or after the effective date of the ordinance codified in this Chapter. (Ord. 4075, 6-22-87)
5-13-19 VIOLATIONS OF THIS CHAPTER AND PENALTIES:
Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1‑3‑1. (Ord. 4856, 8-21-00; Ord. 5159, 10-17-05)