Brisbane Municipal Code Ch. 5.60 Public Dances

"Public dance," within the meaning of this chapter, is any dance to which the public is admitted, and which is held and conducted for profit, or at which any admission fee is charged for persons attending the dance, whether such admission fee be charged at the door, or through the sale of tickets, or in any other manner whatsoever, or any dance conducted at any place where intoxicating liquor, wine or beer or any other commodity is sold, whether such dance is conducted within the room in which such intoxicating liquor, wine, or beer, or other commodity is sold, or in any other room connected therewith.

(Ord. 17 § 1, 1961).

It is unlawful for any person, firm or corporation, to open, conduct, carry on or participate with the opening, conducting, or carrying on any public dance in the city without procuring a permit for that purpose from the city council. To achieve the purposes of this chapter, the city council may deny any application for a permit or issue a permit, with or without conditions.

(Ord. 251 § 1, 1979: Ord. 17 § 2, 1961).

Any application for a permit to conduct a public dance shall be in writing and filed with the chief of police, and shall set forth the name or names of the applicant or applicants who shall be the person or organization sponsoring the public dance, the time when and the place where it is proposed to hold or conduct a public dance in any place where intoxicating liquor, wine, beer, or other commodity is not sold. If the application is for the conduct of a public dance in any place where intoxicating liquor, wine, or beer, or other commodity is sold, the application shall contain the name or names of the applicant or applicants and the address of the place where dances are to be conducted. No such permit shall be issued to a person who is not a person of good moral character, nor to a corporation or organization which is not represented by a person of good moral character. It shall be the duty of the chief of police to make or cause to be made an investigation into the character of each applicant and to the application's conformance to the provisions of this chapter and report the results of such investigation to the city council.

(Ord. 251 § 2, 1979: Ord. 17 § 3, 1961).

It shall be within the discretion of the city council to deny any public dance permit when the council believes that the subject operation will contravene public safety, peace, good order or decency, or where it is shown that the applicant lacks good moral character or temperate habits. The city council may also refuse to issue a public dance permit or may cancel or revoke any such permit after it has been issued if it learns that it is or was sought by fraud or false representation of facts, or that the applicant or permittee has failed to comply with provisions and requirements of this chapter or has violated any provisions of this chapter.

(Ord. 251 § 6, 1979: Ord. 17 § 14(a), 1961).

No permit issued under the terms of this chapter shall be assignable or transferable.

(Ord. 17 § 14, 1961).

Notwithstanding anything in this chapter to the contrary, the city manager is authorized to issue one-time event permits, with or without conditions, to applicants who have indicated to his satisfaction that they will substantially comply with the general purposes and provisions of this chapter.

(Ord. 251 § 4, 1979: Ord. 17 § 5, 1961).

A. Lighting. No public dance shall be conducted at nighttime in any place which cannot be well illuminated throughout by bright lights of electricity. No public dance shall be conducted in the daytime in any place which is not well illuminated by sunlight unless such place can be continuously well illuminated with bright lights of electricity.

B. Exits. It is unlawful to conduct a public dance in any hall or any place which is not equipped with sufficient and adequate exits; and no hall or building which is not provided with at least two (2) exits of adequate width shall be used for such purposes.

C. It shall be the duty of the fire chief to make or cause to be made an investigation of the subject hall or place to determine its compliance with the requirements of this section and report the results of such investigation to the city council.

(Ord. 261 § 3, 1979: Ord. 17 § 4, 1961).

No minor under the age of twenty-one (21) years shall be permitted to dance in any place where intoxicating liquor, wine, beer, or other commodity is sold, or in any room connected with such place of business.

(Ord. 17 § 6, 1961).

The applicant or applicants for any dancing permit shall not allow any loud noise or rude conduct within the place where dancing is conducted.

(Ord. 17 § 8, 1961).

All dancing at any public dance shall cease immediately at one forty-five (1:45) a.m. of any day.

(Ord. 88 § 1, 1965: Ord. 17 § 9, 1961).

A. Whenever any public dance is conducted at any place where intoxicating liquor, wine, beer or other commodity is sold, a police officer may enter such place of business at any time while dancing is going on, and, if from his observations and information, he may have reason to believe that some violation or law or of this chapter with respect to the conduct of the dance has occurred or is likely to occur, he shall have the authority to immediately order discontinuance of such dance. Any refusal on the part of the holder or holders of the permit for such dance, or on the part of any person or persons participating in such dance, shall constitute a misdemeanor and shall be punished as provided for in this chapter.

B. However, nothing in subsection A of this section shall relieve a permittee under this chapter from the primary responsibility of maintaining orderly conduct and all the other requirements of this chapter, and the permittee shall himself or herself keep or hire capable personnel to keep the orderly conduct and perform the other requirements of this chapter. Violation of this section shall be a violation of the chapter and subject the permittee to a revocation of his permit by the city council and shall constitute a misdemeanor, and the permittee shall be punished as provided for in this chapter.

(Ord. 17 § 12, 1961).

In any case where a public dance may be conducted for some charitable purpose, the city council may dispense with the attendance of a police officer at such dance.

(Ord. 17 § 13, 1961).

The violation of any of the provisions of this chapter shall constitute a misdemeanor, except a violation of Section 5.60.090 or 5.60.100, which shall constitute an infraction. In either case, such violation shall be punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 17 § 15, 1961).

(Ord. No. 554, § 8, 1-18-11)