Arcata Municipal Code Art. 2 Dances

For the purpose of this Article, a "public dance hall" is defined to be a public place where dancing is regularly conducted on certain days as a business, whether for profit or not for profit, and to which the public is admitted, whether with or without charge, or at which the public is allowed to participate in dancing, either with or without charge.

For the purpose of this Article, the term "public dance" is defined to be a gathering of persons in or upon any premises where dancing is participated in and to which premises the public is admitted. It is specifically intended that public dance shall be defined so as to include all establishments that have live or recorded music and dancing.

For the purpose of this Article, a "dancing club" is defined to be any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests more often than once a month, and a "club dance" is defined to be any dance held by a dancing club.

A "special event" refers to any organized event, whether or not open to the public and whether or not admission is charged. Such special events may or may not include: dancing or music and consumption of alcoholic beverages, and be held on public property or private property rented or loaned for the event. Special events are generally less than three (3) days in length.

No person shall conduct or assist in conducting the business of operating or maintaining any public dance hall, public dance, or dancing club in the City, unless under and by authority of a written permit from the Council.

Permits to conduct a public dance hall, public dance, or dancing clubs in the City may be issued by the Council upon the written application of any person , firm or corporation.

The Council must first satisfy themselves that the conduct of such dance hall, public dance or dancing club, will comport with the public welfare, and for this purpose may consider any facts or evidence bearing on the place where the proposed public dance hall, public dance or dancing club is to be located, the character, reputation and moral fitness of those who will be in charge of it, and any other facts or evidence intended to enlighten the Council in this respect.

The Council may by order authorize the City Manager or his delegated representative to receive applications for permits under this Article and to issue permits to hold dances or "special events". If, however, upon application by any person or organization, the City Manager refuses to issue a permit, the application may be appealed directly to the Council in writing within ten (10) days of the Manager’s action. The Council must hear evidence as herein provided and make a new determination whether or not a permit shall be issued.

Whenever the Council shall issue any permit under the terms of this Article, the same may be suspended for up to three (3) days at any time thereafter by the Chief of Police or his designee, if he becomes satisfied that the conduct of such public dance hall, public dance or special event does not, or will not, comport with the public welfare for any reason, or in the case of a public dance hall, public dance or dancing club, that the same has been conducted in an illegal, improper or disorderly manner, or in violation of the rules set forth in the issued permit. Any suspension proposed for longer than three (3) days or any proposed revocation must be preceded by issuing a Notice of Intention to Review Permit to the permit holder. Such notice shall specify the action proposed to be taken, as well as the grounds therefore, and shall set a hearing before the City Manager.

The Council shall set a time for such revocation hearing, which hearing shall not be held on less than two (2) days’ notice and not more than ten (10) days from the date of suspension, unless such times shall have been waived by all the interested parties.

The Council may make rules governing public dance halls, public dances, and dancing clubs, and may revoke or suspend permits issued for any public dance hall, public dance or dancing club where the proprietor or person in charge thereof violates, or permits any infraction of, any of such rules or any law of the State of California or any ordinance of the City.

Any person aggrieved as a result of suspension of a permit issued hereunder may file a written request for a hearing before the Arcata City Council. If such person does not file a request for hearing within ten (10) days after suspension, then such suspension shall be deemed final.

TITLE IV—PUBLIC WELFARE, MORALS AND CONDUCT