Chapter 5.28
DANCE HALLS AND DANCES
Sections:
5.28.020 License required – Fees.
5.28.030 Police and other security.
5.28.040 Application and review.
5.28.050 License – Issuance – Decision by City Manager.
5.28.060 Inspections to enforce chapter.
5.28.080 City-owned or -controlled property or facilities.
5.28.090 Prohibited activities – Police authority.
5.28.010 Public dance, cabaret, dance hall, public teenage dance, and public adult dance defined – Exceptions to requirements.
For the purpose of this code, the following definitions shall apply:
A. “Public dance” means any dance to which members of the public may gain admission with or without payment of any fee. A dance at a private party to which admission is by invitation and without a charge is not a public dance.
B. “Cabaret” means a tavern, cocktail lounge, dining room, or restaurant, that is regulated in any manner by the provisions of RCW Title 66 and where, as an ancillary activity, dancing is permitted on any designated floor space or in any connected building.
C. “Dance hall” means any building, pavilion, property, room, hall, or part thereof, where, for a fee or other consideration, public or private dance events and/or dancing is permitted or conducted, regardless of whether alcohol is served, consumed or permitted and regardless of whether said dance event and/or dancing is ancillary to other activities, such as parties, celebrations, reunions, or other similar events.
D. “Public teenage dance” means any dance or ball to which the public generally may gain admission with or without payment of an admission fee.
E. “Public adult dance” means any dance or ball to which the public may generally gain admission with or without payment of an admission fee, where alcoholic beverages are served or consumed.
F. Except where the context clearly indicates otherwise, the requirements of this code governing licensing of dance halls and public dances, including the zoning provisions of SMC Title 17, do not apply to the following:
1. A dance operated, held and sponsored by a fraternal, veteran, service or charitable organization which is generally recognized as such and is registered as a nonprofit organization in the State of Washington, by a bona fide church or by a political party organization eligible to be on the ballot in Washington State which is held on the premises owned or regularly leased by the organization;
2. A dance operated, held or sponsored by a generally recognized nonprofit organization registered as such in the State of Washington when held on premises licensed as a cabaret or public dance hall and which is part of a special function of said organization and is not held primarily for the purposes of being a public dance;
3. A dance operated, held or sponsored by an educational institution either in or not in conjunction with a recognized student group which is held on the premises of the institution, attendance to which dance is restricted to students and members of the educational institution and individual guests thereof. This exception is not applicable to dances open to members of another school not co-sponsoring it as a joint activity or open to members of the public. [Ord. 2010-28 § 1, 2010; Ord. 2009-29 § 1, 2009; Ord. 2161 § 1, 2007; Ord. 1802 § 1, 1992; Ord. 1383 § 1, 1982; 1956 Code § 5-1401.]
5.28.020 License required – Fees.
No person, firm, corporation or co-partnership shall hold any public dance within the City without having first procured a license from the City Clerk, or his or her designee, subject to review by the Chief of Police for compliance with the provisions of this chapter. No person, firm, corporation or co-partnership shall operate any cabaret or dance hall without having first procured the appropriate license from the City Clerk, or his or her designee.
A. License for Public Dance Required – Fees. A license for a public dance shall be good only for the day and place specified on the license. The Chief of Police, in reviewing the application, will determine the number of police officers necessary to provide adequate public safety. The license fee shall be determined by the number of police officers the Chief of Police has determined are necessary based on the maximum building occupancy. The Chief of Police shall determine the number of hours each police officer must be present to provide adequate public safety. This number of hours shall be multiplied by the overtime hourly rate of pay for the highest patrolman classification in effect at the time of the dance. The costs of each peace officer shall be added together. This total plus a $15.00 filing fee shall be the license fee required. The license fee must be paid in advance. The filing fee is in no case refundable.
B. Cabaret License – Fee. Cabaret licenses will be issued for a calendar year, January 1st through December 31st. However, the license will remain in effect until 3:00 a.m., January 1st. All holders of a cabaret license are advised that the issuance of a license for one year is not a guarantee of the issuance of a future license. The cabaret licenses are subject to suspension, revocation or refusal as provided in this chapter. Any improvements made upon the property because of the granting of a cabaret license are made at the owner’s risk because of the short duration of the license. The fee for a cabaret license is $200.00 annually; provided, however, in the event a cabaret license is not requested until after the 30th day of June, the cabaret license shall be $100.00 for the balance of the year for which the license is requested.
C. Dance Hall License – Fee. Dance hall licenses will be issued for a calendar year, January 1st through December 31st. However, the license will remain in effect until 3:00 a.m., January 1st. All holders of a dance hall license are advised that the issuance of a license for one year is not a guarantee of the issuance of a future license. Dance hall licenses are subject to suspension, revocation or refusal as provided in this chapter. Any improvements made upon the property because of the granting of a dance hall license are made at the owner’s risk because of the short duration of the license. The fee for a dance hall license is $200.00 annually; provided, however, that in the event a dance hall license is not requested until after the 30th day of June, the dance hall license shall be $100.00 for the balance of the year for which the license is requested. [Ord. 2010-28 § 2, 2010; Ord. 1802 § 1, 1992; Ord. 1383 § 2, 1982; Ord. 1310 § 1, 1981; 1956 Code § 5-1402.]
5.28.030 Police and other security.
A. In reviewing each application for a public dance license, the Police Department shall determine the minimum number of City police officers and the number of hours for each officer to be in attendance at the dance for the purpose of providing security.
B. The Police Department may require one or more police officers to be in attendance at the dance in addition to any private security officer or officers.
C. The Police Department may require that at least one officer be female or male. The Police Department may also require evidence that the private security officers to be used be physically capable of performing the tasks providing security.
D. The Police Department may require for a public dance as defined without the exceptions of SMC 5.28.010, held on property or facilities owned or controlled by the City, that at least one City police officer be in attendance during certain hours regardless of the provisions of subsection (B) of this section. [Ord. 1802 § 1, 1992.]
5.28.040 Application and review.
A. The applicant shall provide the City Clerk in the application for a license all information required which shall include, but not be limited to:
1. The name, address and telephone number of the applicant or applicants. In the case of corporations or organizations, the applicant must be the president or other managing officer thereof who must provide his address and telephone number and the address and telephone number of the person associated with the corporation or organization who is actually responsible for conducting the dance and of the corporation or organization if different than his own;
2. The date and hours during which the dance is proposed to be conducted;
3. The address and proper name of the premises upon or in which the dance is to be conducted, whether it is on or in private, public or City-owned controlled property or facilities. The maximum number of persons allowed in or upon such place as restricted by the fire code or other regulation or law;
4. The approximate maximum attendance expected and the general age group expected;
5. The felony record and record of crimes for moral turpitude of the applicant and those directly assisting in the operation of the dance;
6. The purpose of the dance. If the dance is for any special occasion, what occasion;
7. How music will be provided and the type of music to be played;
8. A statement whether or not the applicant wishes to provide private security officers.
B. No license shall be issued unless the applicant and those directly assisting the operation of the dance are of good moral character, and the Police Department may require a criminal record check and all information needed to the extent such may be necessary to determine that the applicant and those directly assisting in the operation of the dance are of good moral character.
C. In determining the number of City police officers and/or private security officers and their hours to be required, the appropriate information above and the following shall be considered:
1. The type of dance and its estimated attendance;
2. The design and location of the premises;
3. The past history or disorder associated with dances held by the applicant, at the premises or for the particular type of dance;
4. The past record of the private security agency providing security for such dances. The physical and other abilities of the other individual officers assigned to the dance. [Ord. 1802 § 1, 1992; 1956 Code § 5-1404.]
5.28.050 License – Issuance – Decision by City Manager.
A. Public Dance.
1. The Police Department shall determine the number of hours for and the maximum attendance at the dance.
2. The license issued must be conspicuously posted on the premises showing the date and hours, its location, the attendance allowed and the number and type of officers required for security.
B. Cabaret License.
1. No license shall be granted to any corporation, but if any cabaret business shall be conducted or operated by a corporation, the license shall be issued to the president, manager or other directing head thereof.
2. The City has the right to condition approval or issuance of any and all licenses or license renewals on satisfactory completion of an inspection of the business premises or property, or to conduct any investigation of the application deemed necessary and appropriate by the City, to assure compliance with applicable City codes, including but not limited to the zoning code, fire codes, building codes, plumbing code, electrical code, and other applicable codes or regulations, or to detect violations thereof. It shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto, for the purpose of making the inspection, any officer, agent or employee of the City who is authorized or directed to make such inspection at any reasonable time that admission is requested. An inspection and other necessary investigation will be scheduled and satisfactorily completed prior to issuance of any initial business license. For existing businesses subject to the renewal of business license, the City has the right to schedule and conduct the inspection or other necessary investigation. The City Manager, or his designee, may consider any factor affecting the public safety, health and welfare when considering any application for a new cabaret license, or renewal thereof, including but not limited to:
a. Policing or traffic problems;
b. Problems regarding noise disturbing the peace and quiet of neighbors;
c. Continued or repeated incidents of disorderly conduct, criminal conduct, or police responses to the cabaret premises;
d. Any other factor harming the general health, safety and welfare of the City, use and enjoyment of surrounding properties, or requiring expenditure of City funds to address problems generated by the operation of the cabaret business; and
e. Any violation of applicable codes.
C. Dance Hall License.
1. No license shall be granted to any corporation, but if any dance hall business shall be conducted or operated by a corporation, the license shall be issued to the president, manager or other directing head thereof.
2. The City has the right to condition approval or issuance of any and all licenses or license renewals on satisfactory completion of an inspection of the business premises or property, or to conduct any investigation of the application deemed necessary and appropriate by the City, to assure compliance with applicable City codes, including but not limited to the zoning code, fire codes, building codes, plumbing code, electrical code, and other applicable codes or regulations, or to detect violations thereof. It shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto, for the purpose of making the inspection, any officer, agent or employee of the City who is authorized or directed to make such inspection at any reasonable time that admission is requested. An inspection and other necessary investigation will be scheduled and satisfactorily completed prior to issuance of any initial business license. For existing businesses subject to the renewal of business license, the City has the right to schedule and conduct the inspection or other necessary investigation. The City Manager, or his designee, may consider any factor affecting the public safety, health and welfare when considering any application for a new dance hall license, or renewal thereof, including but not limited to:
a. Policing or traffic problems;
b. Problems regarding noise disturbing the peace and quiet of neighbors;
c. Continued or repeated incidents of disorderly conduct, criminal conduct, or police responses to the dance hall premises;
d. Any other factor harming the general health, safety and welfare of the City, use and enjoyment of surrounding properties, or requiring expenditure of City funds to address problems generated by the operation of the dance hall business; and
e. Any violation of applicable codes.
3. Additional code references pertaining to operation of dance halls: see SMC 9.34.060, Unnecessary noise prohibited; also SMC Title 17.
D. Cabaret License/Dance Hall License – City Manager Decision – Appeal. The City Manager, or his designee, after consideration of the application and the above factors, may grant, grant with conditions, or deny the application. The decision of the City Manager is subject to the appeal procedures in subsection (F) of this section.
E. Cabaret License/Dance Hall License – Transfer Restriction. No cabaret license or dance hall license shall be assigned or transferred except by written permission of the City Manager.
F. License – Revocation – Appeal. Any decision of the City Manager granting, granting with conditions, or denying any application for license under this chapter may be appealed pursuant to the procedures in this subsection. Any license granted under this chapter may be revoked by the City Manager for any violation of any of the provisions of this chapter, or for permitting the violation of any of the provisions of this chapter, or for violation of any city, state or federal law or code. Any applicant or licensee who is aggrieved by any denial of license or condition imposed on such license, or by revocation of license, may appeal the decision of the City Manager to the Hearing Examiner pursuant to Chapter 2.46 SMC by filing with the City Clerk within 20 days from the date of any such revocation a written notice of appeal and the appeal fee. Thereupon the City Clerk and the City Manager shall forthwith transmit to the Hearing Examiner all applications and other documents constituting the records upon which the revocation action was taken. Upon the filing of such appeal, a time and place of hearing shall be set and the appellant advised thereof. The hearing before the Hearing Examiner shall be an open record hearing, and the Hearing Examiner shall have the power to affirm, alter, or overrule the ruling and decision of the City Manager. Failure to timely appeal the decision of the City Manager shall make the revocation decision of the City Manager final and binding.
G. Appeal Fee. The appeal fee for any appeal described above shall be $150.00, and shall accompany the written appeal presented to the City Clerk. The appeal fee is fully refundable if the decision of the City Manager is overruled. [Ord. 2010-28 § 3, 2010; Ord. 2161 § 2, 2007; Ord. 1802 § 1, 1992; Ord. 1383 § 4, 1982; Ord. 1310 § 3, 1981; Ord. 1239 § 2, 1979; 1956 Code § 5-1405.]
5.28.060 Inspections to enforce chapter.
All peace officers of the City, County and State, together with the City Building Inspector, Fire Marshal and/or Code Enforcement Officer, shall be allowed access at no charge to all public dances for the purpose of inspection and to enforce compliance with this chapter. [Ord. 1802 § 1, 1992.]
5.28.070 Hours for dances.
A. No public dance shall be conducted between the hours of 1:00 a.m. and 8:00 p.m.
B. No public dance as defined without the exceptions of SMC 5.28.010, all or a portion of which is held out-of-doors (not in a fully enclosed building), shall be conducted after 10:00 p.m. on Sunday through Thursday in the period of midnight to 8:00 a.m. of the day thereafter, or between the hours of 1:00 a.m. and 8:00 a.m. on any day.
C. The City Manager or his designee may grant exceptions from the requirements above for good and sufficient cause shown in writing at least two weeks prior to the dance. [Ord. 1802 § 1, 1992; Ord. 1383 § 7, 1982; 1956 Code § 5-1407(E), (F).]
5.28.080 City-owned or -controlled property or facilities.
A. Any person conducting a public dance as defined without the exceptions of SMC 5.28.010 on City-owned or -controlled property or facilities shall, as a condition of being allowed to have said dance, agree to hold and save harmless the City, its officers, employees and agents from each and all such damage, injury, loss, cost or expense occasioned by the dance or the private security officers and further agree that if a claim is made or suit is brought against the City, its officers, agents or employees on account of the dance or the private security officers, the person conducting it shall pay, defend and indemnify the City against all such claims and suits and shall pay any final judgment resulting therefrom.
B. The person conducting the public dance as defined without the exceptions of SMC 5.28.010 on City-owned or -controlled property or facilities shall provide written proof of a certificate of insurance effective the date of the dance, providing combined single-limit bodily injury, property damage and blanket contractual liability of not less than $300,000, with at least a 20-day cancellation notice to the City.
C. The provisions of this chapter, including the licensing requirement, shall apply to any public dance as defined without the exceptions of SMC 5.28.010 when held on property or facilities owned or controlled by the City except that the City Manager or his designee may grant exceptions to all or a portion of the requirements set forth in this chapter for dances put on by nonprofit service or veteran organizations registered as such in the State of Washington. [Ord. 1802 § 1, 1992.]
5.28.090 Prohibited activities – Police authority.
It shall be unlawful for any person who shall operate, hold or sponsor a public dance as defined without the exceptions of SMC 5.28.010 to allow or permit at such dance any indecent act to be conducted, or any conduct or disturbance of the peace to be committed, or any obscene or lewd act to occur.
Any member of the Police Department shall have the power to cause any public dance to cease and for all persons to disburse whenever (A) a violation occurs of any provision of this chapter in relation to the dance; or (B) there exists a real and apparent threat to or the actual harm of the public health, safety and welfare, including any disturbance of the peace, disorderly conduct, lewd or obscene or indecent acts. [Ord. 1802 § 1, 1992; Ord. 1236 § 2, 1979; 1956 Code § 5-1407(C).]
5.28.100 Penalties.
Any person violating any of the provisions or requirements of this chapter, including the conditions of the dance license and including the failure to promptly obey an order to disburse, shall be subject to revocation of license, and shall be liable to pay a civil penalty not to exceed $2,500. [Ord. 1802 § 1, 1992.]