Chapter 115 — DANCES

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

CABARET DANCE. Any dance held or engaged in at any place or premises licensed by the state to sell, serve or dispense intoxicating liquor for consumption in or at such place or premises.

CLUB DANCE. Any dance held by a dancing club.

DANCE. A gathering of persons in or upon the premises where social dancing is participated in as the main purpose for such a gathering, or as an incident to some other purpose.

DANCE PERMIT. A permit required pursuant to the provisions of this chapter for the holding of a public dance, public dancehall, or cabaret dance.

DANCING CLUB. Any club or association of persons conducting dances periodically, for its members and bona fide guests.

PRIVATE DANCE. Any dance which is not advertised publicly, and to which the general public is not invited. PUBLIC DANCE. A dance conducted by any person, whether or not for profit, to which members of the public are admitted or allowed to participate in such dancing with or without charge.

PUBLIC DANCEHALL. A place or location where a public dance is held or conducted.

SCHOOL DANCE. A dance conducted as a part of the curriculum of any public or parochial school, or any dance officially sanctioned by such school, when conducted at school buildings or grounds, or other place when supervised or sponsored by school officials.

TEENAGE DANCE. A dance sponsored by a service club, parents group, or other similar organization open to members of the general public, who are between the ages of 13 and 19 years of age to which no person over 19 years of age or under 13 years of age is admitted as a participant.

('83 Code, § 5.28.010)

(A) No person shall permit, conduct or assist in conducting any public dance, public dancehall, or cabaret dance within the city, without first obtaining a permit therefor, in the manner prescribed in this chapter.

(B) Applications for such permits shall be filed with the City Manager and shall contain the following information:

(1) The name and address of the applicant, if a corporation or partnership, the names and residence addresses of all officers, directors or partners; if an unincorporated association, the names and addresses of all principals.

(2) The location and description of facilities proposed to be used.

(3) The date or dates, hours, estimated maximum attendance at the proposed dance and the type of dance. A filing and processing fee as set by resolution of the City Council shall be required in all cases.

(C) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.28.020) Penalty, see § 10.99

(A) Based upon his investigation, the City Manager, before ordering the issuance of a dance permit, shall satisfy himself that the public peace, safety, health and general welfare will not be endangered or jeopardized by the issuance

of the dance permit, and that the applicant and/or its principals, are of good moral character.

(B) If the City Manager finds that the moral character of the applicant and/or its principals is not good, or that the issuance of a dance permit will endanger or jeopardize the public peace, safety, health, and general welfare, the application shall be denied.

('83 Code, § 5.28.030)

(A) Police protection shall be required at all public dances and teenage dances, in accordance with the following schedule.

Number of Persons Number of Police

in Attendance Officers Required

0 - 50 1

50 - 100 2 100 - 200 3 200 - over 3 plus 1 for each additional 100 persons

(B) When the services of public safety employees of the city are to be utilized to comply with the above schedule, the fees there for shall be paid to the Director of Administrative Services prior to the issuance of a dance permit. The fees shall be as set by resolution of the City Council.

(C) In lieu of city police officers, uniformed private patrol personnel who are regularly employed by a private patrol, licensed to do business in the city, may be utilized.

(D) The City Manager may, upon consideration of application for such permits, require a greater number of police officers or the police protection may be waived, if he finds that the protection is not required to preserve the public peace, health and safety.

('83 Code, § 5.28.050)

(A) Compliance. The regulations set out in divisions (B) and (C) shall be complied with by each permittee. ('83 Code, § 5.28.060)

(B) Cabaret dance permit.

(1) The dance floor area shall be plainly marked and designated as a dancing area. No dancing shall be permitted in the premises except upon the dancing area thus marked and designated.

(2) During all hours during which dancing is permitted by the permit issued under this chapter for the premises, no portion of the dancing area shall be used for any purpose other than dancing and entertainment.

(3) No premises at which cabaret dancing is conducted or engaged in shall be used or operated as a private club between the hours of 2:00 a.m. and 6:00 a.m. of any day.

('83 Code, § 5.28.070) (Ord. 811, passed - -80)

(C) All dances for which permit required.

(1) No person, other than the permittee and his bona fide employees acting in the course of their employment, shall possess any intoxicating liquor at the dancehall, dancing club, club dance, cabaret dance or any public dance unless the same has been lawfully sold, served or dispensed thereat.

(2) No employee of any permittee conducting, or in charge of, such dance, shall engage in dancing with any other person at his or her place of employment.

(3) No permittee shall permit any person to enter into, to be in or to remain in any place where such dance is being conducted, who is intoxicated, boisterous, or disorderly. No person shall conduct himself in a boisterous or disorderly manner in or at any place where dancing is allowed under this chapter.

• (4) Each permittee shall:

(a) Maintain at all times within the room or place provided for dancing a minimum amount of illumination which shall equal an average of five footcandle at a distance of 30 inches from the floor of the room or place;

(b) Maintain outside at all times within 20 feet of every entrance, exit, loading area of the room or place provided for dancing during the hours of operation a minimum amount of illumination which shall equal an average of five footcandle at ground level; and

(c) Maintain outside at all times within 50 feet of the building in which dancing is conducted during the hours of operation a minimum amount of illumination which shall equal an average of three footcandle at ground level. In computing the average of three footcandle, the five footcandle illumination required as set forth in division (2) above may be included.

('83 Code, § 5.28.080)

(D) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction.

Penalty, see § 10.99