Alhambra Municipal Code Ch. 5.44 Public Dances

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DANCING SCHOOL. Any school, class or classes wherein dancing is the principal subject taught.

OCCASIONAL DANCE. A dance conducted by an individual, group or organization, whether or not for profit, in or upon any premises where dancing is permitted or conducted either as the main purpose for such gathering or as an incident to some other purpose, during a period of not to exceed 24 hours on any one occasion.

PUBLIC DANCE. A gathering of persons at a public dance hall or in or upon any premises where dancing is permitted upon a regular, continuous basis, either as the main purpose of such gathering or as an incident to some other purpose, and to which premises the public is admitted.

PUBLIC DANCE HALL. A place where dancing is conducted, whether or not for profit, upon a regular, continuous basis, either as the main purpose or as an incident to some other purpose, and to which the public is admitted, either with or without charge, or at which the public is allowed to partici-pate in the dancing, either with or without charge.

YOUTH DANCE. An occasional dance to which only persons under the age of 21 years are admitted as participants.

('86 Code, § 5.44.010) (Ord. 3240, passed - - )

It shall be unlawful for any person, association, partnership or corporation, as principal, agent, officer or employee, to manage, conduct or permit upon any premises within the city, owned or controlled by him, her or it, any public dance or public dance hall which is not incidental and auxiliary to the main business purpose of operation of a bona fide hotel or restaurant.

('86 Code, § 5.44.020) (Ord. 3240, passed - - ; Am. Ord. 3640, passed - - )

Penalty, see § 5.44.042

(A) Provided that a permit therefor is issued under the provisions of this chapter, it shall be lawful to maintain or conduct an occasional dance or to maintain or conduct a public dance or public dance hall which is incidental and auxiliary to the main business purpose of operation and maintenance of a bona fide hotel or restaurant.

(B) It shall be unlawful for any person, association, partnership or corporation, as principal, agent, officer or employee, to manage, conduct or permit upon any premises within the city owned or controlled by him, her or it, any dance for which a permit may be issued under the provisions of this chapter except during such period as a written permit therefor, issued by the Chief of Police of the city, shall be in force and unrevoked.

(1) Nothing contained in this chapter shall be deemed to declare unlawful or prohibit dancing by the occupants of and/or guests at a private residence, with no charge being made therefor, nor shall any permit of the type required by this chapter be required therefor.

(2) Nothing contained in this chapter shall be deemed to declare unlawful or prohibit the conduct or operation of a bona fide dancing school nor shall any permit of the type required by this chapter be required therefor.

(3) Nothing contained in this chapter shall be deemed to declare unlawful or prohibit the conduct of a dance by any public school or by the City Parks and Recreation Department, nor shall any permit of the type required by this chapter be required therefor.

('86 Code, § 5.44.030) (Ord. 3240, passed - - ; Am. Ord. 3640, passed - - ) Penalty, see § 5.44.042

(A) Charitable organizations. No fee shall be required for a permit for an occasional dance when the applicant is a bona fide nonprofit, charitable, religious, educational, fraternal, civic or service organization or club, nor when any such organization rents its own premises and uses the rental revenue derived therefrom exclusively for the charitable or public purposes of such organization.

(B) Occasional dance fee. Except as provided in division (A) above, the fee for each permit for an occasional dance shall be in an amount established by City Council resolution. No part of such fee shall be refundable if such permit is denied.

(C) Dance hall fees.

(1) Application fee. Except as expressly waived in § 5.44.044 of this chapter all applications for a permit for a public dance or public dance hall, when such activity is authorized under the provisions of this chapter, shall be accompanied by a non-refundable fee in an amount established by City Council resolution to partially defray the expense to the city of conducting the investigation required by this chapter.

(2) Annual permit fee.

(a) The annual fee for such a permit shall be in an amount established by City Council resolution.

(b) In determining the amount of such annual permit, the City Council hereby finds that the conducting of a public dance or dance hall will cause and require greatly increased police surveillance and supervision and will thereby result in greatly increased costs of surveillance and law enforcement to the city.

('86 Code, § 5.44.040) (Ord. 3240, passed - - ; Am. Ord. 3738, passed - - ; Am. Ord. 3962, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

Whenever any permit fee required by division (C) of § 5.44.040 of this chapter is not paid prior to the delinquency date specified in § 5.04.190 of this title, a penalty shall be due and is hereby imposed in the manner, as of the time and in the amount specified in § 5.04.192 of this title.

('86 Code, § 5.44.042) (Ord. 3738, passed - - )

(A) Each permit and each renewal permit issued pursuant to division (C) of § 5.44.040 of this chapter shall expire on December 31 next following the date of its issuance.

(B) Each such permit may be renewed by making application for renewal and paying the permit fee within the time specified for the renewal of business licenses in Chapter 5.04 of this title.

(C) Each application for a renewal of such a permit shall be considered as a new application, except that no application fee as required in division (C) of § 5.44.040 of this chapter shall be charged where there has been no revocation of such permit or change of ownership or in personnel of a corporation or partnership applicant, and each such application may be denied upon any ground which would have justified a denial of the original permit.

(D) Permits issued pursuant to this chapter shall not be assigned or transferred, nor shall they be used by any person other than the person to whom they were issued.

('86 Code, § 5.44.044) (Ord. 3738, passed - - ) Penalty, see § 5.44.042

Every person or organization desiring to conduct or maintain a public dance, public dance hall or an occasional dance shall file an application in the office of the Director of Finance and shall, concurrently therewith, pay the required fee specified in this chapter.

('86 Code, § 5.44.050) (Ord. 3240, passed - - ; Am. Ord. 3738, passed - - )

Except as herein otherwise specifically provided, an application for a permit pursuant to the provisions of this chapter shall specify:

(A) The location for which the permit is required.

(B) The name and proposed business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation, and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than 10% of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners. If one or more of the partners is a corporation, the provisions of this section as to a corporate applicant shall apply.

(C) Whether or not the applicant or any officer or director, or member of applicant, as the case may be, has ever been arrested or has ever been convicted in any court for any crime and, if so, a detailed statement of the facts of such arrest or conviction.

(D) The names and addresses of the person or persons who have authority or control over the place for which the permit is requested and a brief state-ment of the nature and extent of such authority or control.

(E) Such information, including information as to management, authority, and control, as the Chief of Police may require in order to enforce the provisions of this chapter relating to such place.

(F) Whether the application is for a permit for a public dance or public dance hall or for an occasional dance or for a youth dance. If the application is for a permit for an occasional dance, including a youth dance, the date and hours during which it is proposed to conduct such dance and the number of dances held within the previous three-month period.

(G) If the application is for a public dance or public dance hall, the following information:

(1) The main business of the applicant to which such dance is claimed to be incidental and auxiliary;

(2) The days on which it is proposed to conduct or maintain such dances;

(3) The hours of the day during which it is proposed to conduct or maintain such dance;

(4) Whether the public or only a specified group is to be admitted to such dance or dance hall;

(5) What charge is to be made for admis-sion to such dance or dance hall;

(6) Whether the application is for an original or for a renewal permit.

(H) If the application is for a permit for a youth dance, the proposed minimum and maximum age limits of the participants.

('86 Code, § 5.44.060) (Ord. 3240, passed - - )

Every application for a permit under this chapter shall be verified by the oath of the applicant. If the applicant is a corporation, verification shall be by a duly authorized officer thereof or other representative duly authorized by the corporation in writing. If an association or partnership, verification shall be by each member thereof. If a club, verification shall be made by the person having charge of such club.

('86 Code, § 5.44.070) (Ord. 3240, passed - - )

Upon receipt of any such application for a dance permit, the Director of Finance shall transmit the same to the Chief of Police for investigation and decision.

('86 Code, § 5.44.080) (Ord. 3240, passed - - ; Am. Ord. 3738, passed - - )

The Chief of Police shall make an investigation of each such applicant and of the character, reputation and moral fitness of the applicant submitting the same and of those who will be in charge of such dance.

(A) If, during the course of such investigation, the Chief of Police desires additional information to assist him in determining whether or not to issue such permit, he is authorized to require the applicant to furnish such additional information, including, but not being limited to, additional information reasonably necessary to ascertain the identity and interest of the applicant and of persons other than the applicant who may be associated with him as principals or partners or who may be in partial or total control of the establishment to be operated under the permit, and also additional evidence as to the character, prior conduct and general fitness of the applicant and of persons other than the applicant who may be associated with him as principals or partners or who may be in partial or total control of the place to be operated under the permit.

(B) Upon request of the Chief of Police, all other city departments shall furnish to the Chief of Police information and assistance required by him for such investigation.

('86 Code, § 5.44.090) (Ord. 3240, passed - - )

The Chief of Police may deny any such application if the provisions of this chapter have not been complied with, or if his investigation reveals facts as to the background of the applicant or the parties in charge, or otherwise, showing that it would not be in the public interest to grant such permit or that the holding of such dance would tend to create a nuisance.

(A) If the Chief of Police determines that it would be in the public interest to issue such dance permit and that it would not tend to create a nuisance, he shall so advise the Director of Finance in writing, who shall thereupon issue such permit.

(B) If the Chief of Police denies any such application, he shall so advise the Director of Finance in writing, who shall thereupon advise the applicant in writing.

(C) In the case of a permit for a youth dance conducted by an organization entitled to a fee waived permit, there shall be no limitation on the frequency with which such permits may be issued. In the case of all other occasional dances, including youth dances, not more than three such permits may be issued to any one applicant in any three-month period.

(D) In the case of a permit for a public dance or public dance hall incidental and auxiliary to some other main purpose, no permit shall be issued for more than a one-year period.

('86 Code, § 5.44.100) (Ord. 3240, passed - - ; Am. Ord. 3738, passed - - )

If the application is for a youth dance, in addition to the other provisions of this chapter, the provisions of Chapter 5.46 shall also apply.

('86 Code, § 5.44.110) (Ord. 3240, passed - - )

Each dance permit issued shall be posted in a conspicuous place on the premises for which such dance permit is issued and shall remain so posted at all times.

('86 Code, § 5.44.120) (Ord. 3240, passed - - ) Penalty, see § 5.44.042

No dancing for which a permit is required shall be conducted between the hours of 12 a.m. and 6 a.m., except by special permission of the Chief of Police. However, if the dancing is authorized pursuant to an annual permit and is incidental and auxiliary to the main business purpose of operation of a bona fide hotel or restaurant, no dancing shall be conducted between the hours of 1:30 a.m. and 6 a.m. except by special permission of the Chief of Police.

('86 Code, § 5.44.130) (Ord. 3240, passed - - ; Am. Ord. 3638, passed - - ) Penalty, see § 5.44.042

No person who is intoxicated or is in an intoxicated condition shall appear or be present at any dance for which a permit has been issued. No person who conducts or assists in conducting any such dance shall permit any intoxicated person, or persons in an intoxicated condition to appear, be, or remain at any such dance.

('86 Code, § 5.44.140) (Ord. 3240, passed - - ) Penalty, see § 5.44.042

Except as provided in Chapter 5.46 the following regulations shall govern the attendance of minors at dances:

(A) No person under 18 years of age shall enter, be, or remain on or in any premises for which a permit is required or has been issued pursuant to this chapter except when such person is accompanied by his spouse over 21 years of age or his parent, or his guardian.

(B) No person under 21 years of age shall enter, be or remain on or in any premises where a dance is being held and for which a permit is required or has been issued pursuant to this chapter and on which alcoholic beverages are sold or served, except when such person is accompanied by his spouse over 21 years of age, or his parent, or his guardian.

(C) No permittee shall permit or allow any minor to enter or be in or on any premises contrary to the provisions of this section.

(D) Nothing contained herein shall be deemed to prohibit a minor from attending a dancing school for regular instruction.

('86 Code, § 5.44.150) (Ord. 3240, passed - - ) Penalty, see § 5.44.042

No lewd or vulgar dancing or conduct shall be allowed.

('86 Code, § 5.44.160) (Ord. 3240, passed - - ) Penalty, see § 5.44.042

The use of profanity is prohibited and boisterous conduct of any sort is prohibited in the hall or in any room connected therewith, or on the grounds surrounding the same.

('86 Code, § 5.44.170) (Ord. 3240, passed - - ) Penalty, see § 5.44.042

It shall be unlawful for any person to disturb or permit the disturbance of the peace, quiet or decency of any person or neighborhood by loud or unusual noise, or by tumultuous or offensive conduct, or to permit or allow in any way any loud, riotous, dis-orderly or tumultuous conduct or noise in or on any premises owned, occupied, maintained or otherwise in any way under the control of such person during an occasional dance.

('86 Code, § 5.44.180) (Ord. 3240, passed - - ) Penalty, see § 5.44.042

For the purpose of inspection, the Chief of Police and/or any member of the Police Department shall be permitted by every permittee to enter, without charge, any premises where a dance is being conducted.

('86 Code, § 5.44.190) (Ord. 3240, passed - - ) Penalty, see § 5.44.042

(A) Police authority. The Chief of Police may adopt such rules and regulations relating to the conduct of dances for which a dance permit is required as may be proper or necessary for the maintenance of public order, the promotion of public morals, assuring comporting with public welfare, and the orderly conduct of such places or the better enforcement of the provisions of this chapter relating to such places.

(B) Private police protection. If he deems it to be reasonably necessary to maintain law and order, the Chief of Police may require the applicant to have present on the dance premises at all times during any such dance the number of private officers specified by the Chief of Police. The expense of any such private officers shall be borne entirely by the applicant.

('86 Code, § 5.44.200) (Ord. 3240, passed - - )

Any person dancing or permitting dancing after being instructed by the Chief of Police or a member of the Police Department to stop such dancing because such dancing is not permitted on such premises shall be guilty of a misdemeanor.

('86 Code, § 5.44.210) (Ord. 3240, passed - - ) Penalty, see § 5.44.042

If any person to whom a permit has been issued pursuant to this chapter is thereafter convicted of a violation of any provision of this chapter, his permit shall be forthwith and summarily revoked, without the hearing otherwise provided for in § 5.82.040 of this title.

('86 Code, § 5.44.230) (Ord. 3240, passed - - ; Am. Ord. 3738, passed - - )

Whenever upon notice and hearing, the Chief of Police shall determine that music or noise from any establishment for which a permit has been issued pursuant to this chapter, so interferes with the peace and quiet of a substantial number of persons dwelling in the vicinity as to deprive them of the reasonable enjoyment of their property, the Chief of Police may suspend such permit until the offending premises be soundproofed in a manner that in the judgment of the Chief of Police will be effective to eliminate the noise of which complaint is made or the noise otherwise eliminated.

('86 Code, § 5.44.240) (Ord. 3240, passed - - )

Any decision by the Chief of Police denying an application for a dance permit or suspending a dance permit shall be subject to appeal to the City Council in accordance with the provisions of § 5.82.050.

('86 Code, § 5.44.250) (Ord. 3240, passed - - ; Am. Ord. 3738, passed - - )

Except for those duties which are specifically delegated to the Chief of Police, it shall be the duty of the Director of Finance to enforce each and all of the provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Director of Finance or the City Council.

('86 Code, § 5.44.260) (Ord. 3738, passed - - )