Alameda Municipal Code § 6-19 Dance Halls and Dancing

As used in this section:

Person shall mean and include every person, club, firm, association, or corporation conducting a public dance, or series thereof, or permitting public dances to be conducted under their auspices, and shall include the principals, agents, officers, and employees thereof.

Public dance shall mean and include every dance to which the public is admitted, and which is held or conducted for profit, and every dance for which an admission fee is charged those attending, whether the same be charged at the door or through the sale of tickets, or in any other manner whatsoever; provided, they shall not apply to any dance given in a public school by any of the classes thereof. Public dance shall also include and be construed to mean every other dance conducted at any public place whatsoever, including but not limited to cabarets or other like premises, to which the general public is admitted, whether or not an admission charge is made, where entertainment of any kind or music is furnished by or for any patron or guest on the premises, and where liquid refreshments or foods are served; provided, however, that any such place where entertainment or music is furnished solely by a mechanical or electrical device shall be construed to be a dance hall or place where a public dance is held only if dancing is permitted or dancing privileges are afforded in connection therewith.

(Ord. No. 535 12-321; Ord. No. 1499 N.S.)

It shall be unlawful for any person to suffer or permit any public dance, as defined in the preceding subsection, in any hall, room, premises, or other place in the City without first obtaining a permit from the Chief of Police. Application for such permit shall be made in writing to the Chief of Police at least ten (10) days prior to the date of such dance, and shall set forth information as may be required by him/her. The Chief of Police shall make an investigation of the applicant and of the matters set forth in the application and shall grant the permit unless he/she finds that the activity sought to be conducted thereunder would constitute a violation of any law or applicable ordinance, or would be contrary to the moral welfare of the public or conducive to a breach of public peace or order. Such permit shall be in writing and contain the following:

a. Name and residence of the applicant.

b. The specific place for which the permit is granted.

c. The number and date of the dances which may be held or conducted under the permit.

d. The period of time for which the permit shall be effective, in the event such permit is issued for a series of public dances.

e. Such other information as the Chief of Police may deem necessary.

No permit so issued shall be assigned, transferred, loaned, or in any other manner set over to another person.

(Ord. No. 535 N.S. 12-323; Ord. No. 1499)

It shall be unlawful for any person to conduct a public dance between the hours of 2:00 a.m. and 6:00 a.m. and it shall be unlawful for any person to participate in or be present at a public dance between those hours.

(Ord. No. 535 N.S. 12-323; Ord. No. 1499)

a. Every person seeking a permit under this section shall apply to the Chief of Police to appoint a special police officer to attend the place where the dance is to be conducted and to be present thereat during all the times such dance is being conducted. The expense of such Officer shall be paid by the applicant therefor, but such Officer's presence shall not relieve the applicant of any liability for any violation of the provisions of this section. The Chief of Police may require any person seeking such permit to employ additional special police officers whenever deemed reasonably necessary.

b. In addition to the special police officer or officers, every person issued a permit hereunder shall employ a matron, satisfactory to the Chief of Police, to be in attendance at the dance. It shall be the duty of such matron and special officer, or officers, to enforce strictly the provisions of this section.

c. Every matron and special police officer so employed shall wear a badge of authority approved by the Chief of Police and they shall be in attendance during all the time the dance is being conducted. The matron shall have free access to and supervision over all rooms used by female patrons, and she shall immediately report misconduct by any patron to a special police officer in attendance.

(Ord. No. 535 N.S. 12-324; Ord. No. 1499 N.S.)

a. All places for which a permit has been granted under this section shall be kept well lighted during the hours a public dance is being conducted therein.

b. No suggestive, indecent, lewd or obscene dancing or entertainment shall be permitted or given.

c. No disturbance of the public order or decorum, breach of the peace, or riotous or disorderly conduct shall be permitted. No one shall be permitted to dance who is not properly dressed.

d. It shall be unlawful for any person conducting a public dance to permit to remain on the premises where such dance is being conducted any patron or other person conducting himself/herself contrary to the provisions of this subsection, and it shall be unlawful for any such patron or other person to engage in the conduct herein prohibited.

(Ord. No. 535 N.S. 12-325; Ord. No. 1499 N.S.)

Every person conducting a public dance, as defined in this section shall keep posted conspicuously in the place wherein such dance is being conducted, and in all rooms used in connection therewith, a copy of the regulations hereinafter set forth, printed in eighteen (18) point black face type. Such regulations shall be kept so posted during the entire time the dance is being conducted and shall be in the following words and figures:

REGULATIONS FOR PUBLIC DANCES

1. No patron shall be readmitted after 10:00 p.m.

2. No suggestive or indecent dancing or entertainment shall be permitted, and all profane or vulgar language, and offensive or boisterous conduct, shall be prohibited.

3. No person shall be readmitted to the premises after such person has been expelled therefrom for violation of these regulations or of any other law.

(Ord. No. 535 N.S. 12-327; Ord. No. 1499 N.S.; Ord. No. 2310 N.S.)

a. It shall be unlawful for any person conducting any such public dance to violate or to permit violation of any of the foregoing regulations, and failure to enforce strictly the regulations or other provisions of this section, or of any other applicable ordinance or law, shall constitute cause for revocation by the Chief of Police of the permit.

b. Notwithstanding the existence of a permit therefor, any police or peace officer shall have the power to stop any such public dance, or to close any place where such dance is being conducted, for violation of any of the provisions of this section or of any other law.

c. Violations of any of the provisions of this section shall constitute a misdemeanor.

(Ord. No. 535 N.S.; Ord. No. 1499 N.S.)

Any person aggrieved at any act of the Chief of Police in connection with enforcement of this section, or for refusing or revoking a permit hereunder, may appeal to the City Council for a hearing in the matter, and the decision of the Council after such hearing shall be final and conclusive.

(Ord. No. 535 N.S. 12-329; Ord. No. 1499 N.S.)