Carpinteria Municipal Code Ch. 5.52 Public Dances

Footnotes:

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Prior code history: Prior code §§ 4152—4155.

A. "Public dance" means a gathering of persons in or upon any premises where dancing is permitted either as the main purpose for such gathering or as an incident to some other purpose, and to which premises the public is invited or admitted with or without charge.

B. "Public dancehall" means a place where dancing is conducted either for profit or not, and to which the public is invited and admitted either with or without charge, or to which the public is allowed to participate in the dancing either with or without charge.

(Ord. 579 § 3 (part), 2002)

It is unlawful for any person to open, conduct, or carry on or to participate in the opening, conducting or carrying on of a public dancehall in the city unless a license to do so has been granted by the city, except for dances in a public park or public beach, which are excluded from this section and are governed by subsection (22) of Section 12.24.020 of this code and Section 10.68.020.

(Ord. 579 § 3 (part), 2002)

Every person opening, conducting, or carrying on or participating in the opening, conducting or carrying on of a public dancehall shall be required to obtain a license and pay an annual fee as set by resolution. The fee shall be paid at the time application is made for a license under this chapter

(Ord. 579 § 3 (part), 2002)

The community development director shall issue a license pursuant to this chapter should the community development director determine that issuance of such license is consistent with the provisions of this chapter and protects the public health, safety and welfare.

(Ord. 579 § 3 (part), 2002)

In addition to the license required under this chapter, it is unlawful for any person to open, operate, or maintain a public dancehall without having paid the license fee required under any license regulations of the city.

(Ord. 579 § 3 (part), 2002)

The following minimum requirements shall apply to the operation of all public dancehalls within the city:

A. Lighting. The public dancehall shall be reasonably illuminated at all times, and the volume of illumination must not vary during the hours that dancing is permitted.

B. Hours. No dancing shall be permitted between the hours of one a.m. and nine a.m. the following day.

C. Entrance and Exit. All entrances and exits shall be well illuminated, clearly marked and kept free of all obstructions at all times.

D. Police and Fire Protection. If, in the judgment of the community development director, sheriff's department or fire protection district, the public health, safety and welfare requires continuous attendance at any public dancehall, they may require the provision of security guards or fire protection district personnel for the purposes of preserving order and the enforcement of any fire regulations pertinent to such operations; provided, however, that the presence of such security officers or fire protection district personnel shall not relieve the management or any of its employees from responsibility for any violation of law or city ordinance. The compensation of the security officer or fire protection district personnel provided for herein shall be paid by the management.

E. Occupancy Standard. The building inspector shall determine the maximum occupancy standards of the building as set forth in the Uniform Building Code, and such occupancy standard shall be posted at all times in a conspicuous place inside the building near the entrance. The Carpinteria-Summerland fire protection district shall have the authority to enforce the occupancy standard. The public dancehall shall not exceed the occupancy standards as set forth in the Uniform Building Code.

F. Noise. The property owner and licensee shall not permit the noise level of the attendees, music or entertainment to reach a level that is offensive or disturbing to the surrounding neighborhood, residences, motels, hotels or other uses that may be in the area.

G. Refuse. Any refuse, litter or trash generated from the event shall be kept in covered containers and removed on a regular basis.

H. Telephones. The property owner or licensee shall provide at least one pay telephone or courtesy telephone in the building for use by patrons, and shall have at least one private telephone for use by the operators of the establishment.

I. Inspection By Sheriff's Department or Fire District. The property owner and licensee shall permit any member of the sheriff's department or fire district, acting in his or her official capacity, to inspect the establishment at anytime during operating hours.

J. Intoxicated Persons. Licensee shall not permit any person in an intoxicated condition to enter or remain on the premises.

K. Additional Requirements. Such other conditions, rules and regulations as the city or the community development director may establish in addition to all other applicable provisions of this chapter.

(Ord. 579 § 3 (part), 2002)

The community development director shall have the exclusive authority to issue licenses under this chapter and may refuse to issue such license, or may cancel, suspend or revoke any such license after such license has been issued, if he or she learns that the same was procured by fraud or false representation of facts or that the applicant or licensee failed to comply with the provisions and requirements of this chapter, or for any other reason which the community development director finds detrimental to the public health, safety or welfare.

(Ord. 579 § 3 (part), 2002)

If a license is revoked or denied, the applicant or licensee may apply to the city council by filing a notice of appeal with the city clerk within ten days of the community development director's decision to deny or revoke said applicant or license. The city council shall hear the appeal at its next available meeting. The applicant or licensee shall be allowed to present both oral and written testimony that is relevant to the appeal. The city council's decision on the appeal shall be final.

(Ord. 579 § 3 (part), 2002)