Bell Municipal Code Ch. 5.44 Dances

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended:

"Cabaret dance"

means any dance held or engaged in at any place or premises which is licensed by the state to sell, serve or dispense alcoholic beverages for on-premises consumption.

"Dance"

means a gathering of persons in or upon the premises where social dancing is conducted as permitted by this chapter.

"Operator"

means a person or legal entity which holds an on-sale license of the type referred to in the definition of "cabaret dance" in this section, who operates at the licensed location, a cabaret dance.

"Private dance"

means any dance which is not advertised publicly, for which no admission is charged or a gratuity accepted for admission, and to which the general public is not invited, which is held or conducted in a dwelling unit, for the purpose of celebrating or marking an occasion of interest to the persons conducting such dance.

"School dance"

means any 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 and sponsored by school officials.

(Prior code § 4291; Ord. 1127, 1997)

A. Notwithstanding any other provisions of this code, the only dances permitted to be conducted in the city shall be:

1. Cabaret dances, provided a conditional use permit therefor is first obtained pursuant to this code; and

2. Private dances; and

3. School dances.

B. No person shall conduct, allow or participate in any dance in the city except those referred to in this section. No person shall conduct or permit the conduct of a private dance in the same dwelling unit more than four times in any consecutive 12 month period.

(Prior code § 4292)

A. Police or other security protection (hereinafter "security") shall be provided at cabaret dances at the expense of the operator, as shall be determined by order of the police chief. The nature and extent of such security required by the chief shall be based upon the nature of the dance, its location, expected attendance, and other relevant factors.

B. Any applicant may appeal a determination of the police chief regarding the nature and extent of the security required, by a written request to the city council filed with the city clerk. The applicant shall pay a filing and processing fee in an amount as set by resolution of the city council, contemporaneously with filing of such written request.

C. When the services of public safety employees of the city are available as determined by the chief, and the operator desires to utilize such public safety employees to provide the required security, the fees therefor shall be paid to the finance director prior to the conduct of the dance. The fees for the services of city public safety personnel shall be as set by resolution of the city council.

D. At the option of the applicant, 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 to provide such required security.

(Prior code § 4293)

The following regulations shall be complied with as to all cabaret dances:

A. The dance floor area shall be plainly marked and designated exclusively for a dancing area. No dancing shall be permitted except in the marked dancing area.

B. During hours during which dancing is permitted no portion of the dancing area shall be used for any purpose other than dancing.

C. The dance floor area shall be not less than 100 square feet, and not more than an amount equal to the sum of 10 square feet for each person permitted to occupy that area of the building.

D. No portion of the dance floor area shall be situated within five feet of any table, chair, counter, bar or seating area (hereafter collectively referred to as "area").

E. No person, other than the operator and the operator's bona fide employees acting in the course and scope of such employment, shall possess any intoxicating liquor, unless the same has been lawfully sold, served or dispensed on the premises by a person, entity or an authorized agent, holding an onsale liquor license of the type referred to in the definition of "cabaret dance" in Section 5.44.010.

F. No operator or employee or agent of any operator conducting, or in charge of, such dance, shall engage in dancing with any other person.

G. No operator or employee of an operator 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.

H. Cabaret dances shall only be permitted to be held and conducted between the hours of twelve noon and one-thirty a.m. of any day.

(Prior code § 4294)

A. Upon receipt by the city clerk of a timely filed notice of appeal, appealing a decision of the police chief relating to the security required, the city clerk shall give at least 10 days notice of the time and place of the appeal hearing to be conducted by the city council. At the time of such hearing, the city council shall allow the permittee, and any other interested person, to present relevant evidence relating to the issue of the nature and extent of security required. The city council hearing shall be a de novo hearing. No appeal shall be accepted, nor shall any appeal hearing be conducted, unless the permittee who has filed such appeal, pays a filing and processing fee in an amount as set by city council resolution.

B. The city council shall determine whether the appropriate level of security required, utilizing the standards set forth in Section 5.44.030, and based upon the evidence presented to it at such public hearing. The decision of the city council shall be final and conclusive.

(Prior code § 4295)

Notices required to be given pursuant to this chapter shall be given by personal service or by deposit of such written notice in the custody of the United States Postal Service, or the successor of such service, postage prepaid addressed to the party to be notified at his or her last known address. Such notices shall be deemed given as of the date of personal service, or two consecutive calendar days following the deposit of such notice in the custody of the postal service.

(Prior code § 4296(a))

The police chief with the approval of the chief administrative officer, is authorized to issue such administrative regulations as he or she deems appropriate for the purpose of implementing the provisions of this chapter. Such regulations shall be deemed to be in full force and effect when the same have been approved by the chief administrative officer.

(Prior code § 4296(b))