Chapter 5.24
PUBLIC DANCES AND CABARETS*
* For statutory provisions regarding county dance hall licenses, see RCW 67.12; for statutory provisions requiring a city or county permit prior to having any music, dancing or entertainment whatsoever on licensed premises, see RCW 67.12.020.
Sections:
5.24.040 License – Application.
5.24.060 License – Revocation.
5.24.070 License – Nontransferable.
5.24.080 Floor Manager Required – Hours – Rules and Regulations.
5.24.010 Definitions.
As used in this chapter, “public dance” means any dance or ball to which the public generally may gain admission with or without the payment of an admission fee. The term “public dance hall” means any room or part thereof, any hall or any part thereof, pavilion, boat float, building or other structure occupied for the purpose, in whole or in part, of conducting therein public dances or dancing. The term “cabaret” is defined to be a dining room, restaurant or eating place where meals are served either on tables, or in booths or at lunch counters and/or where dancing is permitted between the tables or on any designated floor space or any connected building; provided, however, that establishments that do not serve and/or sell beer, wine or some other intoxicating liquor shall be considered under the “public dances” provisions of this chapter.
(Ord. 11-1971 §1, 1971).
5.24.020 License – Required.
It is unlawful for any person, firm, association, society or corporation to sponsor, permit or conduct any public dances or dancing in any dance hall, cabaret or floor space in the county, and without the limits of incorporated cities or towns, without first obtaining a license to do so, as hereinafter provided.
(Ord. 11-1971 §2, 1971).
5.24.030 License – Fee.
The license fee for dances other than dances maintained, operated, permitted or conducted in a cabaret shall be according to the square feet of dancing floor space, as provided in the following schedule:
|
Public Dances |
Per Day |
Per Month |
|
Under 1,000 sq. ft. |
2.50 |
$ 7.00 |
|
1,000 sq. ft. to 2,000 sq. ft. |
3.00 |
10.00 |
|
2,000 sq. ft. to 3,000 sq. ft. |
4.00 |
12.50 |
|
3,000 sq. ft. to 5,000 sq. ft. |
5.00 |
15.00 |
The license fee for dances or dancing maintained, operated or permitted in a cabaret shall be according to the square feet of dancing floor space, as provided in the following schedule:
|
Cabarets |
One Month |
Three Months |
Six Months |
One Year |
|---|---|---|---|---|
|
Under 700 sq. ft. |
$ 10.00 |
$ 25.00 |
$ 45.00 |
$ 80.00 |
|
700 sq. ft. to 1,000 sq. ft. |
15.00 |
40.00 |
75.00 |
120.00 |
|
1,000 sq. ft. to 2,000 sq. ft. |
50.00 |
85.00 |
140.00 |
140.00 |
|
2,000 sq. ft. to 5,000 sq. ft. |
27.00 |
75.00 |
140.00 |
200.00 |
The floor space to be used for dancing shall be designed by enclosing same on four sides with a black line four inches wide painted on the floor and dancing shall be wholly confined to such designated floor space.
(Ord. 11-1971 §3, 1971).
5.24.040 License – Application.
Applications for licenses hereunder shall be made in writing, filed with the clerk of the board of county commissioners and shall be accompanied by a deposit of the amount of money the license fee requires, and shall state the location of the place where the applicant or applicants will conduct such dance or dancing, and shall contain a statement that the applicant or applicants will require the observance of this chapter and any and all resolutions and ordinances which may be passed by the board of county commissioners, supplementing, amending or enlarging the provisions of this chapter, and that all federal and county admission taxes will be promptly paid. The application shall be signed by the party who is to conduct the dance or dancing and shall state whether or not the applicant, or any of the applicants, have ever been convicted of a violation of any state or federal statute pertaining to intoxicating liquors, and shall state whether or not the applicant, or any of the applicants, have ever been convicted of a felony or gross misdemeanor.
(Ord. 11-1971 §4, 1971).
5.24.050 License – Granting.
No license shall be granted to any corporation, but if any dance hall is conducted by a corporation, the license shall issue to the manager or other directing head thereof. No license to conduct a public dance shall be granted unless the applicant therefor is of a good moral character. For the purpose of considering any application for a license, the board of county commissioners may make, or cause to be made, an inspection of the premises where such dance or dancing is to be maintained or conducted, and may inquire into the character and reputation of the applicant or applicants and may inquire into and make investigation as to the location where such dance or dancing will be maintained, conducted or operated, and may in its judgment, refuse the granting of the license hereinabove referred to where the location is such as will in its judgment interfere with the comfort and happiness of the community in which such proposed dance or dancing may be maintained, operated or conducted. The board of county commissioners may in its discretion grant or refuse any license applied for. After determining to grant an application to an applicant, the board shall notify the county auditor who shall issue the license to the applicant.
All licenses granted hereunder shall be kept posted in a conspicuous place on the licensed premises or in the room where such dances or dancing is conducted.
(Ord. 11-1971 §5, 1971).
5.24.060 License – Revocation.
Any license or licenses of whatsoever kind granted hereunder to conduct a public dance or dancing may be revoked by the board of county commissioners, for any violation of any of the provisions of this chapter, or any state or federal law or for permitting this chapter or any of the provisions thereof to be violated, after a hearing held upon not less than ten days’ written notice to the licensee, his agent or employee, and the action of the board in revoking any such license shall be final and conclusive. Every licensee accepting a license hereunder shall be deemed to have consented to the provisions of this section with respect to the cancellation of license, and no public dances shall be conducted at any place other than specified in the license therefor.
(Ord. 11-1971 §8, 1971).
5.24.070 License – Nontransferable.
No license shall be assigned or transferred except by written permission of the board of county commissioners.
(Ord. 11-1971 §6, 1971).
5.24.080 Floor Manager Required – Hours – Rules and Regulations.
(1) There shall be a floor manager in control of the premises where every dance or dancing is given, permitted or conducted, continuously from one-half hour before dancing begins until the place where the dance is conducted is closed. Such floor manager must see that standards of decency and good taste are maintained, and that no disorderly, familiar or objectionable conduct upon the part of anyone at the dance is permitted, and he shall take effective steps to promptly remove from the dance hall any objectionable persons and to stop any objectionable practices and to preserve order and good conduct on the part of the patrons and employees at the dance.
(2) The place where any such dance or dancing is permitted shall be lighted or illuminated after sunset in such a manner and to such an extent as is usual or customary for lighting halls or rooms of like dimensions in the nighttime for public assemblage, before any patrons are admitted thereto or before any dance or dancing is commenced therein. Such lighting or illumination shall be maintained thereafter throughout the entire time such dance hall and premises shall be open and entertaining patrons, and during any recess or intermission without diminution and without interruption, until the place where such dance or dancing is permitted shall be cleared and closed.
(3) All outside automobile parking areas and grounds shall be lighted or illuminated after sunset in such a manner and to such an extent that the actions of patrons will be fully visible to the management and officers at all times. Such lighting or illumination shall be maintained thereafter throughout the entire time for such dance and until all patrons have left the premises.
(4) It is unlawful and in violation of this chapter for any person operating, permitting or conducting any dance or dancing to allow or permit, in any room where such dance or dancing is permitted, any indecent act to be committed, or any disorderly conduct of an indecent, suggestive, violent or vulgar character, or to permit in such dance or dancing place any prostitute, pimp or procurer, and it shall be unlawful and in violation of this chapter for any person so maintaining, permitting, operating or conducting any such dance or dancing to allow any intoxicating liquor to be served, consumed or kept about the premises so used for the maintenance, operation and conducting of such dance or dancing, except liquor served under a state license.
(5) No person maintaining, permitting, operating or conducting any dance or dancing, or any manager or agent in charge thereof, shall:
(a) Permit in the place where such dancing is permitted, or upon the premises under his control, any person having in his possession, or offering for sale, selling, giving away or drinking any intoxicating liquor other than liquor sold on the premises under a state license or permit;
(b) Permit any person under the influence of liquor or drugs to enter the place wherein such dancing is permitted, nor to participate therein or remain at such place, nor upon the premises under his control;
(c) Permit any narcotic peddler, narcotic addict, lewd or dissolute persons, idlers or other hangers-on to be at or about the place where such dance or dancing is permitted or conducted.
(6) The time for maintaining, operating and conducting a public dance or dancing, except as hereinafter provided, shall be the same as set forth by the state in Regulation No. 20 of the State Liquor Regulations, as it presently exists or may later be amended; provided, however, it being the purpose and desire of Yakima County to regulate the time of conducting a public dance or dancing, no public dances or dancing cabarets shall be permitted between the hours of two a.m. on Sunday and six a.m. on the following Monday, and upon any weekday between the hours of two a.m. and six a.m., and provided further that on any New Year’s Day the hour of closing shall be three a.m.
(7) It is unlawful to permit any patron having left a public dance hall or cabaret to reenter without the payment of the full admission charges. The issuance of any check, coupon or pass of any kind granting readmission without the payment of the full admission charge shall be deemed a violation of this chapter. Provided, however, that the board of county commissioners, may by a special permit in writing, allow issuance of pass-out checks.
(8) Dances known as “jitney dances,” in which dancing partners are available for hire, are prohibited.
(9) All peace officers of the state, any member of the board of county commissioners, or the prosecuting attorney or any deputy prosecuting attorney of the county shall have free access at all times to any and all public dances, dance halls or cabarets for the purpose of inspection and to enforce compliance with the provisions of this chapter, and shall have the power and it shall be their duty to cause any dance hall to be vacated whenever any provision of this chapter or any ordinance, regulation or law, concerning dances or dancing is being violated, or wherein any ordinance, regulation or law of any character is being violated, or whenever any indecent act shall be committed, or whenever any disorder or conduct of indecent act shall be committed, or whenever any disorder or conduct of an indecent, suggestive, violent or vulgar character shall have taken place or is taking place therein.
(Ord. 11-1971 §7, 1971).