Chapter 5.24 — DANCE HALLS AND DANCES

For the purpose of this chapter, the following words and phrases shall have the meaning as set forth in this section:

A.

"Known," when used in connection with the words "prostitute" or "male or female procurer" or "vagrant" or "surveyor of narcotics," means and includes known to the manager, owner or lessee of the dance hall, or the person conducting a dance, or the police or other authorities having to do with the regulation or supervision of public dance halls or public dances to be one of the persons named, or who has such reputation or character, or one who has pleaded guilty to or has been convicted of being a prostitute, or male or female procurer or vagrant or purveyor of narcotics.

B.

"Person" means and includes natural persons, co-partnerships, corporations and associations and includes both sexes.

C.

"Public dance" means and includes any presentation of live or recorded music which is held or takes place in a public dance hall, whether or not dancing does in fact take place, to which the general public may go in admission with or without the payment of a fee. School sponsored dances on school grounds are not considered public dances.

D.

"Public dance hall" means and includes a publicly or privately owned or operated ballroom, room, patio, garden, space or place which is part of or used in connection with a permanent building, structure or installation and which was designed, laid out or arranged for dancing or which has an improved surface upon which dancing could take place.

(Prior Code § 4-3.801)

A.

It is unlawful to maintain, operate or conduct a public dance hall within the City limits without first having obtained a written permit there for as provided in this chapter.

B.

It is unlawful to hold or conduct a public dance in a place other than in a public hall for which a written permit has been obtained without first having obtained a written permit therefor.

(Prior Code § 4-3.802)

Applications for a permit to maintain, operate and conduct a public dance hall and application for a permit to conduct a public dance shall be on forms supplied by the Chief of Police.

(Prior Code § 4-3.803)

An application for a permit to conduct either a public dance or a public dance hall shall be submitted to the Chief of Police at least ten days in advance of the date the permit is requested for, and such application shall have at least one applicant named on the application for the permit who shall have reached his or her 21st birthday.

(Prior Code § 4-3.804)

A.

Except as otherwise provided here in, it is unlawful to maintain or conduct any public dance or public dance hall without first having paid to the Chief of Police the fees set forth herein. The fees to be paid shall be as follows:

1.

Application fee, $5.00;

2.

Single public dance, $5.00 each;

3.

Public dance hall, $12.50 per quarter year or any fraction thereof.

B.

A quarter year for the purposes of this section shall begin on the first day of January, April, July and October of each year. Any public dance hall permit may be renewed by the filing of an application with the Chief of Police and payment of the quarterly license fee in advance. An application fee does not have to be paid for such a renewal and an investigation need not be made by the Chief of Police if such application is filed and the quarterly license fee paid prior to the expiration of the permit to be renewed.

(Prior Code § 4-3.805)

Upon receiving such application, the Chief of Police shall check with the building department, fire department or such other agencies as may be appropriate to determine whether or not the place for which the permit is requested complies with and conforms to the laws, ordinances and health and fire regulations applicable thereto and is properly ventilated and supplied with separate and sufficient toilet conveniences for each sex within the building in which the dance is to be conducted and is a safe and proper place for the purpose for which it shall be used and as to the moral character of the applicants. The Chief of Police shall then grant or refuse the requested permit.

(Prior Code § 4-3.806)

A copy of this chapter shall be furnished to each applicant to whom a permit is granted under this chapter, and the permittee shall sign an acknowledgment on the permit that he has received a copy thereof and that he will comply with all of the terms and conditions thereof.

(Prior Code § 4-3.807)

In the event the Chief of Police refuses to issue any such permit for a public dance the City Council. Such appeal shall be filed in accordance with the provisions of this Code.

(Prior Code § 4-3.808)

All permits granted under this chapter shall be good for the date, or until the time specified in the permit, but not exceeding one year, unless sooner revoked.

(Prior Code § 4-3.809)

A.

The Chief of Police shall have the right to revoke any permit issued under this chapter and to take possession of such permit for the violation of any of the provisions of this chapter or the permit issued pursuant thereto.

B.

The Chief of Police may also revoke a permit on the grounds that events have occurred, the existence of which would justify a refusal to issue a new permit for the same public dance or public dance hall. The action of the Chief of Police in revoking or suspending a permit shall be subject to an appeal to the City Council in accordance with the provisions of this Code.

(Prior Code § 4-3.810)

Every person obtaining a permit under the provisions of this chapter shall place such permit in a conspicuous place in the place or premises named in such permit and shall show such permit whenever requested to do so by any peace officer who may make demand at or in the place to see the same.

(Prior Code § 4-3.812)

Any member of the Atwater police department and other enforcement agencies shall be admitted free of charge to any public dance hall in the City, and they shall have the power and it shall be the duty of each of

them to cause any public dance or public dance hall to be vacated whenever in their opinion such vacation is necessary in order to preserve the public peace, health and safety.

(Prior Code § 4-3.811)

It is unlawful for any person to open, conduct, carry on, permit, manage or operate a public dance or to allow dancing in a public dance hall in violation of the following rules and regulation:

A.

All public dances shall be stopped and discontinued and all public dance halls shall be closed between the hours of 2:00 a.m. and 9:00 a.m.

B.

No person under the influence of an alcoholic liquor or drugs or narcotics shall be permitted to enter or remain in any public dance hall or public dance.

C.

No known prostitute, procurer, vagrant, or purveyor of narcotics shall be allowed in any public dance or any public dance hall.

D.

No immoral, obscene, or disorderly dances shall be permitted at any public dance hall or public dance.

E.

The holder of a permit for a public dance or public dance hall shall make provisions to have a telephone inside the public dance hall or place where the public dance is held, and such telephone shall be made available to those persons attending the public dance or in the public dance hall.

F.

No conduct or disorder of a gross, violent or vulgar character shall be permitted in any public dance hall or public dance.

(Prior Code § 4-3.813)

A.

Every person who has a permit to maintain, operate or conduct a public dance hall and every person who is the holder of a permit to conduct a public dance shall at all times maintain and have present the number of police officers or chaperones specified in the permit, when the public dance hall or public dance is open to the public and when a public dance is being conducted. The number of officers or chaperones shall be specified and designated by the Chief of Police and shall be based on, but not limited to the following:

1.

Location of public dance hall;

2.

Anticipated attendance;

3.

Type and character of music;

4.

Age of persons attending;

5.

Size of dance hall.

B.

All such police or chaperones shall be approved by the Chief of Police. The compensation for such persons shall be paid by the person conducting, owning, managing or sponsoring the public dance or public dance hall. If such persons are specified to be police officers of the City, the amount necessary to compensate them shall be deposited with the Chief of Police prior to the dance. It shall be the duty of such police officers or chaperones to see that the provisions of this chapter relating to the conduct of the persons attending a public dance or public dance hall are enforced.

(Prior Code § 4-3.814)