Avenal Municipal Code Ch. 11 Public Dances and Dance Halls

Sections: 5-11.01 Definitions. 5-11.02 Permit required.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 21 5-11.03 Permit—Application—Content. 5-11.04 Permit—Application—Procedures. 5-11.05 Permit—Fees. 5-11.06 Permit—Revocation. 5-11.07 Minors. 5-11.08 Rules and regulations. 5-11.09 Permit—Required for each location. 5-11.10 Required report of management changes. 5-11.11 Sanitation. 5-11.12 Dance floor. 5-11.13 Exemptions from provisions. 5-11.14 Enforcement. 5-11.15 Penalties. 5-11.01 Definitions. For purposes of this chapter, certain words and phrases used in this chapter are defined as follows: (a) "Jitney dance" shall mean a dance where a separate charge or fee is imposed for single or individual dances. (b) "Public dance" shall mean any dance not held or conducted in a private residence where music is provided by or where live music or a disk jockey, this does not include "juke boxes." (c) "Public dance hall" shall mean any room, place or space, except in a private residence, where dancing is held or carried on; provided, however, nothing in this chapter shall be construed to require any permit for the maintenance of a bona fide school of instruction in the pastime of dancing. (Ord. 85-06 § 1, 1985; Ord. 91-08 § 1, 1991) 5-11.02 Permit required. (a) Public dance. It is unlawful for any person or entity to give, hold, conduct, manage, or operate a public dance within the City of Avenal, except at a place or premises for which a license or permit has been issued and is in force and effect. (b) Public dance hall. It is unlawful for any person or entity to open, conduct, or carry on, or to participate in the opening, conducting, or carrying on of a public dance hall in the City of Avenal without having a valid and existing license or permit to do so. (Ord. 85-06 § 2, 1985; Ord. 91-08 § 2, 1991) 5-11.03 Permit—Application—Content. No permit shall be issued to any person or entity unless written verified application therefor is presented to the City's Police Department showing the following facts:

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 22 (a) The name and address of the applicant. If any applicant should be a partnership, then names and addresses of the partners thereof; and if any applicant should be an association, the names and addresses of the officers thereof; and if the applicant should be a corporation, the names and addresses of the officers and directors thereof; (b) The particular place for which the permit is desired or at which any dance is to be held; (c) The name of the owner of the place or premises in or at which the dance is to be held; (d) Such persons who, from time to time, will be in charge and who will be responsible for the order and due observance of the provisions of this chapter; (e) The number and date of the dances to be held pursuant to the permit or the length of time for which the permit is desired, which shall not in any event be for a longer period than one year; (f) A statement that the applicant is the sole party, either directly or indirectly, interested in the dance or dance hall or premises for which the permit is sought and that no other person or entity is or will be in any manner interested therein, directly or indirectly, during the continuance of the permit; and (g) A covenant and promise by the applicant: (i) to comply with the provisions of this chapter and the rules and regulations set forth in this chapter; (ii) to consent to the entry by police officers upon the subject premises; and (iii) to cause the premises to be vacated in the event such rules and regulations are violated. (Ord. 85-06 § 3, 1985; Ord. 91-08 § 3, 1991; Res. No. 2010-64, 10-28-2010) 5-11.04 Permit—Application—Procedures. (a) Upon receipt of such application, the City's Police Department shall undertake an investigation to determine and report the following: (1) Whether the applicant and person to have direct management of the premises are of good moral character; (2) Whether the premises for which the permit is sought complies with the provisions of this chapter; (3) Whether the premises for which the permit is sought complies with any other law or health or fire regulation applicable thereto; (4) Whether the premises are properly ventilated; (5) Whether, pursuant to applicable guidelines and regulations, including but not limited to the Uniform Plumbing Code, the premises are supplied with separate and sufficient toilet conveniences for each sex within the building in which the dance is located; such determination may be based on the allotment of one-half (½) the occupant load to be males and one-half (½) females, or based on the requirement that the total occupant load not exceed the sanitary facilities located within the premises, or based on such other requirements which the City's Police Department determines reasonable under the circumstances; (6) Whether no entrance or exit exists except through the dance hall; and (7) Whether the premises are safe and proper for the purpose for which they shall be used. (b) If the City's Police Department determines that the application satisfies the above requirements, such department shall provide this information to the City Manager. The City Manager, may, upon payment of the fee specified, issue the permit. In the City Manager's discretion, the City Manager shall have the power to deny any application if it appears that the applicant, or the person to have direct management of the premises is not a suitable or proper person to carry on the business for which the permit is sought, or if the premises proposed to be used in the conduct of the business shall be deemed not to be a suitable or proper place therefor, or if the protest and objections of

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 23 private residents in the immediate vicinity of the premises, or if the health, welfare or public morals of the community warrant such denial. The City Manager may issue a permit upon which such conditions he or she determines would cure the situations which would otherwise result in denial of the permit. The City Manager, in his/her discretion, may issue a permit while the applicant fails to satisfy one or more requirements in this chapter, if the City Manager determines the health, safety and welfare of the public would not be unreasonably impacted. (c) In the event of a refusal by the City Manager to issue such permit, the applicant therefor may appeal, in writing, to the City Council which shall hear the matter, including the application and the reason for refusing it, at the next scheduled City Council meeting, regular or special. Such appeal must be presented to the City Council prior to the expiration of fifteen (15) days from the date of the City Manager's denial of the application. The Council may either grant the permit or refuse the same, if in its discretion, it finds the application or the premises where the applicant proposes to hold the dances do not comply with the provisions of this chapter. The decision of the City Council shall be final. (Ord. 85-06 § 4, 1985; Ord. 91-08 § 4, 1991; Res. No. 2010-64, 10-28-2010) 5-11.05 Permit—Fees. The license fee for such permit shall be established by a resolution of the City Council. At the expiration of any permit by the lapse of time, the permit may be renewed at the discretion of the City Manager with the concurrence of the City's Police Department, without any investigation, provided the license fee is paid in advance. Future license fees may be increased or decreased or otherwise modified by resolution of the City Council. Ord. 85-06 § 5, 1985; Ord. 90-01 § 1, 1990; Ord. 91-08 § 5, 1991; Res. No. 2010-64, 10-28-2010) 5-11.06 Permit—Revocation. For any violations of the provisions of this chapter or for any cause deemed sufficient, the City Council, upon five (5) days notice to the holder of a permit issued under this chapter, may suspend or revoke such permit. If at any time, the permit of any applicant shall be revoked, no new permit will be granted to such applicant or to any person or entity who was an agent or employee of such applicant at the time of such violation or at the time of the application for a new permit. (Ord. 85-06 § 6, 1985; Ord. 91-08 § 6, 1991) 5-11.07 Minors. (a) It is unlawful for the owner, proprietor, manager, or the person in charge of any place licensed under the provisions of this chapter, or for any employee of such place at any time when alcoholic beverages are actually on sale or are being offered free in the place, to harbor, admit, receive or permit to be in, or remain in or about such place during the time when dancing is actually being carried on or conducted or permitted, any person under the age of twenty-one (21) years unless such person is accompanied by his or her parent, spouse or legal guardian; provided, however, that the foregoing provisions shall not prohibit the entry of such persons into any dining room located in or upon the premises; provided, however, that nothing in this chapter shall be construed so as to prevent minors from attending any public place or being in any public dance hall or place where alcoholic beverages are not sold or given away; and provided further, that nothing in this chapter shall be construed to prevent the holder of any license issued hereunder from closing his/her bar and permitting minors to dance in such hall or place during such time as no alcoholic beverages are on sale or offered without charge therein. In the event that any place or hall licensed hereunder is used for a public dance at which minors are allowed to attend, all alcoholic beverages must be under lock and key so that no person except the owner or his agent shall have access thereto.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 24 (b) Notwithstanding the provisions of subsection (a) of this section, or any other provisions of this code, no person under the age of eighteen (18) years shall attend any place or hall licensed under this chapter to be used for a public dance unless the person is accompanied by his or her parent, spouse or legal guardian. (c) It is unlawful for any person under age twenty-one (21) years falsely to represent himself or herself as being of the age of twenty-one (21) years or more for the purposes of obtaining admission to any premises licensed under the provisions of this chapter. (Ord. 85-06 § 7, 1985; Ord. 91-08 § 7, 1991) 5-11.08 Rules and regulations. It is unlawful for any person or entity to conduct, operate, or carry on a public dance or a public dance hall in violation of the following rules and regulations: (a) No immoral or obscene dancing shall be permitted. (b) No person under the influence of intoxicating liquor shall be permitted to remain at any public dance. (c) No jitney dance shall be permitted. (d) No owner or manager of a dance hall shall undertake to furnish dancing partners. (e) Any member of the City's Police Department shall be admitted free of charge to any public dance or public dance hall and shall have the power and duty to enforce the provisions of this chapter. (f) The City's Police Department may require at any public dance held within the City the presence of uniformed security personnel. The number of uniformed security personnel shall be determined by the Police Department. The cost of such security personnel shall be the responsibility of the licensee. (g) No dancing shall be permitted between the hours of 2:00 a.m. and 7:00 a.m. of the same day. (h) No person shall smoke on a public dance floor while dancing. (Ord. 85-06 § 8, 1985; Ord. 88-01, 1988; Ord. 91-08 § 8, 1991; Res. No. 2010-64, 10-28-2010) 5-11.09 Permit—Required for each location. No permit issued pursuant to the terms of this chapter shall authorize the conducting, operating or carrying on of the permitted business except at the single location and upon the individual premises described in such permit. (Ord. 91-08 § 9, 1991) 5-11.10 Required report of management changes. In the event that any licensee shall desire to change the individual designated in the permit as the person to have direct management of the subject premises, the licensee shall forthwith notify the City Manager, proposing the name of the person to be substituted in the management and control of the premises. The person so proposed shall be investigated by the City's Police Department. If such a person is of a satisfactory character and standing under the guidelines of this chapter, the City Manager may consent to such changes. In the event that the person does not satisfy the requirements of this chapter, the permit may be suspended by the City Manager, in his or her discretion, pending the proposal of some other person of a satisfactory character in nature. (Ord. 91-08 § 10, 1991; Res. No. 2010-64, 10-28-2010)

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 25 5-11.11 Sanitation. No permit shall be granted under the provisions of this chapter unless the hall or place in which the dance is to be held shall comply with this chapter. The holder of such permit shall keep such premises, hallways leading thereto, and the immediate vicinity in a clean and sanitary condition at all times, and have all stairways, hallways, other passages and rooms connected with such premises at all times open, adequately lighted and properly ventilated. (Ord. 91-08 § 11, 1991) 5-11.12 Dance floor. It is unlawful for any person to carry on, or conduct, or assist in carrying on, maintaining or conducting any public dance hall or dance in connection with any business or place where alcoholic beverages are sold or served, in any room, place or space which does not contain a floor space allocated to dancing. (Ord. 91-08 § 12, 1991) 5-11.13 Exemptions from provisions. The provisions of this chapter shall not be deemed to apply to any dance, the income of which, over and above a sufficient sum to pay the actual expenses of the dance, is devoted to public charity or to any dance at which the only fee collected is a sufficient sum prorated among persons present to pay the actual expenses of conducting the dance. (Ord. 85-06 § 9, 1985; Ord. 91-08 § 13, 1991) 5-11.14 Enforcement. It shall be the duty of every owner, lessee, proprietor, manager, or occupant of any hall, room, building or place permitted under the provisions of this chapter to have present at all times, when dancing is carried on in such hall, room, building or place, a qualified person or persons whose duty it shall be to see that the provisions of this chapter are lawfully carried out. (Ord. 91-08 § 14, 1991) 5-11.15 Penalties. Any person or entity which violates any provision of this chapter shall be guilty of an infraction. (a) The first conviction thereof shall be punishable by a fine not exceeding fifty dollars ($50.00). A second conviction of the same provision within a period of one year, shall be punishable by a fine not less than fifty dollars ($50.00) and not exceeding one hundred dollars ($100.00). A third or subsequent conviction of the same provision within a period of one year, shall be punishable by a fine not less than one hundred dollars ($100.00) and not exceeding two hundred fifty dollars ($250.00). For purposes of this section, a bill of forfeiture shall be deemed to be a conviction of the offense charges. A person or entity shall be deemed guilty of a separate offense for each day or during any portion of which a violation of this chapter is committed, continued or permitted by the person or entity. (b) Any person or entity willfully failing to pay a lawfully imposed fine for a violation of any provision of this chapter within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due is guilty of a misdemeanor regardless of full payment of the fine after such time. Upon conviction thereof, punishment shall

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 26 be a fine of not more than five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months or by both a fine and imprisonment. (c) In the event of a violation of this chapter, in addition to the specified remedies, the City Attorney may institute any appropriate prosecution, action or other proceedings to punish the perpetrator of such violation; to prevent such unlawful conduct; to prevent the unlawful use of the subject premises; or to prevent any illegal act, conduct of business or use in or about such premises. (Ord. 85-06 § 10, 1985; Ord. 91-08 § 15, 1991)