Sec. 16.64. - Dances and dancing academies.

Every person conducting or operating a public dance or a dancing academy where dancing instruction is given or received, shall pay a license fee of ten dollars for each calendar month, payable monthly in advance.

In addition to the license fee provided for in the preceding paragraph, every person conducting a special dance and every person conducting a public dance upon or in public dance premises which constitute a trouble area as defined by this section shall have in attendance at such dance a person approved by the chief of police to assure the maintenance and protection of the public peace and safety and shall also maintain upon such premises a telephone in working condition at all times when public dancing is being conducted upon such premises.

Such person shall be paid the sum of sixteen dollars for each dance by the person conducting the dance. In addition the person operating such dance shall file with the city clerk a certificate of insurance certifying that such attendants are fully protected by Workmen's Compensation Insurance.

As used in this section, the following terms and phrases shall have the respective meanings as follows:

Private dance or private dancing. Dancing by two or more persons, with or without music, in or upon premises, into or onto which admission or entry is restricted to members of a club, association, society or similar organization and guests of such members, whether or not a consideration is paid directly or indirectly for admission to such dance.

Public dance or public dancing. Dancing by two or more persons, with or without music, in or upon premises into or onto which admission or entry can be gained by the general public with or without the payment of a consideration.

Public dance premises. Premises in or upon which public dances are conducted or carried on or permitted as an adjunct to or incident to other business regularly and customarily conducted upon such premises.

Special dance or special dancing. Public dance or public dancing upon or in premises in which dancing is not conducted or permitted as an adjunct to or incident to the business regularly and customarily conducted upon such premises and upon or in which a public dance or public dancing occurs only at irregular intervals.

Trouble area. Public dance premises in or upon which there have occurred within the immediately preceding calendar year seven or more incidents which involve the arrest of a person, a call to the police department to investigate a disturbance, thereat, and public disturbances witnessed by police officers. Such incidents shall be considered herein regardless of whether any arrests were made or whether formal charges were made or whether any person was convicted of public offenses in connection with such incidents.

(Ord. No. 337, § 102; Ord. No. 494, § 2; Ord. No. 521, § 2; Ord. No. 528, § 3; Ord. No. 598, § 1; Ord. No. 86-02, § 2.)

There is hereby imposed upon the operator of any business establishment which constitutes a trouble area, as such term is hereinafter defined, a tax of twenty-five dollars for each day, or part of day, during which music is performed or played by live persons on the premises irrespective of whether dancing takes place or is permitted or disallowed.

(Ord. No. 596, § 1.)

Trouble area as such term is used herein shall mean premises in or upon which there have occurred within the immediately preceding calendar year seven or more incidents which involve the arrest of a person, or a call to the police department to investigate a disturbance thereat and public disturbances witnessed by police officers. Trouble area as such term is used herein shall also mean premises which are within one hundred feet of premises constituting a trouble area as defined above. Such distance shall be determined by measurement between the nearest public entrances of the respective premises. Such incidents shall be considered and included for the purpose of determining a trouble area whether any arrests were made or whether formal charges were made or whether any person was convicted of a public offense in connection with such incidents.

(Ord. No. 596, § 1.)

An operator of premises shall be exempt from the tax imposed by this section on any occasion during which the operator is conducting a public dance and has complied with sections 16.24 and 16.64 of this Code.

(Ord. No. 596, § 1.)