Burbank Municipal Code Div. 5 Public Youth Dance Halls

A. Permit Required: No person shall open, conduct, stage, sponsor, or operate a public youth dance hall without first applying for and receiving a permit from the Community Development Director pursuant to the provisions of this division.

B. Application for Permit: Any person desiring to secure a permit for the operation of a public youth dance hall shall submit an application under penalty of perjury to the Community Development Director. The application shall be in a form approved by the Community Development Director and shall be accompanied by an application fee for each permit requested in the amount set forth in the Burbank Fee Resolution. The application shall, in addition to the information required by Section 3-6-202 of this Code, include the following:

1. A complete identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted.

2. Names, citizenship, residence, and business addresses of any co-partners, including limited partners; or, if a corporation, the names, citizenship, residence, and business addresses of the president, secretary, treasurer, and any persons holding twenty-five (25) percent or more of its shares of stock outstanding or ownership of the beneficial interest therein.

3. Names, citizenship, residence, and business addresses of any persons having a beneficial interest in or lien upon the applicant’s shares of stock, or the assets or receipts of the proposed business.

4. The name, residence, and business address of the manager or person to be in charge.

5. The name, residence, and business address of the owner of the premises.

6. The addresses and the particular room or rooms for which the permit is required and the square foot area thereof to be used for dancing.

7. The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated.

8. Whether or not the applicant, or anyone having a beneficial interest in the business directly or indirectly, has had a permit for the same or similar business suspended or revoked anywhere, and if so, the circumstances of such suspension or revocation. The suspension or cancellation of a liquor license shall be considered as included within the purpose of this subsection.

9. Whether or not the applicant or any officer or director, or member of applicant, as the case may be, has ever been arrested or has ever been convicted in any court for any crime. A misdemeanor traffic offense shall not be considered a crime for purposes of this subsection.

10. The hours of operation.

11. Such other information as the Community Development Director may require. [Added by Ord. No. 2924; formerly numbered Section 5-74.1; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623.]

A. Investigation: Upon the filing of an application for a public youth dance hall permit, the Community Development Director shall cause an investigation to be made in order to ascertain what effect, if any, the issuance of such permit will have on the public peace, health, safety, and general welfare of the City and its inhabitants. The Community Development Director shall approve, approve with conditions, or deny each application for a public youth dance hall permit within thirty (30) days after receiving such application.

B. Denial of Application: The Community Development Director shall deny any application for a public youth dance permit if they find any of the following:

1. The applicant or person to be in charge of the dance or the dance premises is not a person of good character and reputation.

2. The applicant or person to be in charge of the dance or the dance premises has been convicted in a court of competent jurisdiction, by final judgment, of:

a. An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, play, or act; or

b. An offense involving lewd conduct; or

c. An offense involving the use of force and violence upon the person of another; or

d. An offense involving misconduct with any person under the age of eighteen (18) years.

3. The premises are not suitable or proper for use as a public youth dance hall.

4. The public youth dance hall for a public youth dance will create a public nuisance or disorder in the neighborhood, or the premises are not sufficiently soundproof so that nearby residents or patrons of nearby hotels or lodging houses will not be disturbed, or the floor area in which the dance will be conducted is not adequately lighted.

5. The applicant has knowingly made any false, misleading, or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction with the application.

C. License: Every person engaging in the business of operating a public youth dance hall shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Added by Ord. No. 2924; formerly numbered Section 5-74.2; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 3048.]

The Director may impose such conditions upon the approval of a public youth dance hall permit as they may in their discretion deem reasonably necessary to protect the health, safety, and welfare of the dancers, spectators, neighboring properties and their occupants, public property, vehicular and pedestrian traffic, and, in general, the public. Such conditions may include, but are not limited to, area and time limitations, crowd control, noise control, and the presence of security officers or other persons to control and regulate the conduct of the dance or the dance facility. Each permit approved pursuant to the provisions of this division shall be conditioned upon the permittee complying with each of the following requirements.

A. Hours of Operation: The Director shall establish the hours of operation for each public youth dance hall. In no event shall a public youth dance hall be open past the hour of two o’clock (2:00) A.M.

B. Alcoholic Beverages: No alcoholic beverages shall be sold, served, given, or furnished on the premises of any public youth dance hall. Admission to any public youth dance hall shall be denied to any person showing evidence of drinking any alcoholic beverage or who has any alcoholic beverage on their person.

C. Lighting: Parking facilities shall be lighted in such manner as to provide illumination to all vehicles sufficient to ensure the safety of those persons using the public youth dance hall facility and to permit adequate supervision of the parking area.

D. Supervision: Parking facilities shall be supervised by inspection of the parking area and vehicles therein at regular intervals, such inspection to be made not less than once every half hour.

E. Attendance: No person admitted to a public youth dance hall shall be permitted to leave and thereafter re-enter the dancing premises during the duration of the dance, and no passout checks shall be issued.

F. Type of Dancing: No vulgar, obscene, suggestive, marathon or endurance dancing shall be permitted.

G. Taxi Dance Hall: No person shall pay or receive any fee or remuneration to be a dancing partner with another person. This provision shall not apply to professional paid entertainers when performing as such.

H. Disorderly Conduct: Boisterous or disorderly conduct or the use of profanity shall be prohibited.

I. Smoking: Smoking on the floor area used for dancing shall be prohibited.

J. Lighting of Facility: The public youth dance hall shall be kept well and adequately lighted with uniform intensity at all times and with minimum light of three (3) foot candles, thirty (30) inches from the floor, and all places where dancing is permitted shall be open and in clear view.

K. Age Restrictions: No person twenty-four (24) years of age or over, or fifteen (15) years of age or under, shall dance or be admitted to any public youth dance hall. The provisions of this subsection shall not apply to a married person twenty-four (24) years of age or over in attendance with their spouse, provided that said spouse is between the ages of sixteen (16) and twenty-three (23). [Added by Ord. No. 2924; formerly numbered Section 5-74.3; renumbered by Ord. No. 3058, eff. 2/21/87.]

Every person holding a permit issued under the provisions of this division shall keep such permit posted in a conspicuous place in open and clear view. [Added by Ord. No. 2924; formerly numbered Section 5-74.4; renumbered by Ord. No. 3058, eff. 2/21/87.]

Every person holding a permit issued under the provisions of this division shall keep the conditions of permit approval, as required pursuant to Section 3-3-543 of this division, posted immediately adjacent to the permit in a conspicuous place in open and clear view. [Added by Ord. No. 2924; formerly numbered Section 5-74.5; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Property Right: No vested right or property interest is conferred by a permit issued to any person under the terms of this division, and the permit may be revoked, suspended, or canceled as hereinafter provided.

B. Revocation or Suspension: Any permit granted under the provisions of this division may be revoked or suspended by the Director when it appears that:

1. Dances at the public youth dance hall are conducted in a disorderly, riotous, or improper manner, or in violation of any statute or ordinance.

2. Any condition of the permit has not been complied with.

3. The permit is being used for any purpose detrimental to public morals, peace, or order or is being used for a purpose wholly foreign to that for which the permit was issued.

4. The application contained false, misleading or fraudulent statements.

5. Any fact or condition exists which, had it existed at the time of the original application, would reasonably have warranted the Director in originally refusing to issue such permit. [Added by Ord. No. 2924; formerly numbered Section 5-74.6; renumbered by Ord. No. 3058, eff. 2/21/87; 3048.]