Alameda County Municipal Code Ch. 3.44 Public Dances

"County" means the unincorporated area of the county of Alameda, state of California.

"Dance permit" means a permit required by this chapter.

"Person" means any person, firm, partnership, association, corporation, company, or organization of any kind.

"Public dance" means a gathering of persons in or upon any premises open to the public when the main or incidental purpose for such gathering is dancing.

"Sheriff" means the sheriff of the county of Alameda, state of California.

(Prior gen. code § 4-17.0)

A. It is unlawful for any person to hold, conduct or allow a public dance on premises open to the public without first having obtained a permit therefor in compliance with the provisions of this chapter.

B. Permit fees therefor shall be charged by the sheriff in the amount established by resolution of the board of supervisors upon recommendation of its sheriff.

(Prior gen. code § 4-17.1)

The provisions of this chapter shall not apply to the following:

A. Dances held by bona fide patriotic, religious, or fraternal associations or organizations;

B. Dances held in connection with patriotic, holiday, or authorized school activities conducted not more than once each month.

(Prior gen. code § 4-17.2)

No permit shall be issued for the conduct of any public dance at any establishment having less than one hundred twenty (120) square feet of dance floor set aside for dancing, or having a dance floor within four and one-half feet of any counter or bar, or stools in connection therewith.

(Prior gen. code § 4-17.3)

No permit shall be issued unless a written application verified by the owner of the premises, or lessee thereof, if any has been presented to the sheriff, in which the following facts are set forth:

A. The name and residence of the applicant or applicants, owner and lessee, if any. If any applicant is a partnership, the names and residences of the partners. If any applicant is an association, the names and residences of the officers; and if any applicant is a corporation, the names and residences of the officers and directors;

B. The particular place for which the permit is desired, or at which any dance is to be, or dances are to be held;

C. The written consent of the owner, if the lessee is the applicant, of the place or premises in or at which the dance is to be held;

D. The number and date of dances to be held under the permit;

E. A sketch or outline, with appropriate measurements, showing the location and size of the dance area with respect to any counter or bar, or stools in connection therewith, and showing the size of the dance area;

F. The name and residence of the proprietor, operator, or other person in charge, if other than the lessee or owner;

G. The hours during which the dance or dances are to be held.

(Prior gen. code § 4-17.4)

Upon receipt of an application for a dance permit the sheriff shall forward a copy of said application to the building inspection division of the public works department, the zoning administrator, appropriate fire protection agencies, and any county department or any other public agency which will be affected by the operation and conduct of such public dance. Said departments shall advise the sheriff whether the conduct of such public dance will violate any provisions of the building code or the zoning ordinance or whether there will be any conflict with or detrimental effect upon existing land use in the affected area.

Written reports shall be submitted to the sheriff within ten days of his request. If said reports or information the sheriff receives as the result of his own investigation of the application indicate that the public health, welfare or safety will not be adversely affected by the conduct and operation of the permit as applied for, the sheriff shall issue a nontransferable permit.

If any of the written replies including any information the sheriff may receive as a result of his own investigation of the application indicate that the public safety, health and welfare may be affected by the use of the permit as applied for, the sheriff shall issue a nontransferable permit altering any of the items set forth in the application or otherwise appropriately conditioned so as to insure that the public safety, health and welfare will not be jeopardized by the conduct of such public dance.

The sheriff may deny the application if the reports or information received show:

A. That the land use in the area directly affected by the application is primarily residential and that the use of the permit will result in a disturbance to the neighborhood, or,

B. That the requirements of Section 3.44.040 of this chapter cannot be complied with, and,

C. That a permit cannot be conditioned in a manner consistent with any of the matters set forth in subdivisions A and B of this section.

(Prior gen. code § 4-17.5)

The applicant or any aggrieved person including but not limited to any county officer, department, board or commission affected by the permit shall have the right to appeal the form of the permit or the denial thereof to the board of supervisors. The appeal shall be taken within ten days after issuance or denial by the sheriff and shall be presented to the board for determination. The board may hear additional evidence and may sustain, reverse, or modify the decision of the sheriff and its decision shall be final.

(Prior gen. code § 4-17.6)

The sheriff shall have the power to stop any public dance or close any premises for which a permit is issued under this chapter for disturbing the peace, disorderly conduct or for violation of any law or ordinance.

(Prior gen. code § 4-17.7)

If the sheriff finds that any of the conditions of any outstanding permit whether issued hereunder or pursuant to any prior ordinance have been violated, he may revoke the permit forthwith.

(Prior gen. code § 4-17.8)

Any person whose permit is revoked may appeal such revocation to the board of supervisors. The appeal shall be taken within ten days after the revocation and appellant shall set forth all of the facts upon which it is claimed that the revocation was improper and at its hearing thereon the board may affirm, modify or reverse the revocation and its decision shall be final and conclusive.

(Prior gen. code § 4-17.9)