Coachella Municipal Code Ch. 5.56 Public Dances

For the purposes of this chapter, "public dance" means a gathering of persons in or upon any premises where dancing is participated in, either as a main purpose for such gathering or as an incident to some other purpose, and to which premises the public is invited; provided, however, that the following designated dances are excepted from the provisions of this chapter.

A. Any dance conducted by the Coachella Valley recreation district as a part of its recreation program.

B. Any dance conducted by any public school, or private school which is prominently located within the city, as a part of the recreation program of the school for the exclusive entertainment of its duly registered pupils.

(Prior code § 4-18)

It is unlawful for any person or any association of persons to conduct or assist in conducting any public dance in the city, unless by authority and under a written permit secured from the finance director, as provided in this chapter.

(Prior code § 4-19)

Permits to conduct public dances in the city shall be issued only upon written application to the finance director on behalf of any person for himself or herself, or on behalf of any association of persons, or of a firm or a corporation. All such applications shall be submitted to the finance director at least five working days prior to the date on which the public dance is scheduled to occur. Every such application for a permit shall be presented by the finance director to the chief of police and shall set forth the following facts:

A. The name and address of the applicant or applicants, and if the applicant is from a firm or corporation, then the names and residences of the partners or officers, respectively, thereof; and if the applicant is a fraternal organization, or shall be an organization conducted by and the membership of which is composed of women, then the names of the principal officers thereof and also the name of any manager or employee who will be in charge of such dance.

B. The place for which the permit is desired, or on which any dance is to be held.

C. The date of the dance to be held under the permit.

(Prior code § 4-20)

Nothing in Sections 5.56.010 through 5.56.140 inclusive, of this code shall apply to any dance held within the confines of any public park, within the city limits of the city, pursuant to a permit obtained in accordance with the rules and regulations as set forth in Chapter 12.32 of this code.

(Prior code § 4-20.1)

Upon filing of the application for a permit under this chapter with the finance director and the payment of the fees here and after provided for, the finance director shall forward the application to the chief of police for investigation and report, whether or not the applicant is of a good moral character. The chief of police shall ascertain and consider the following:

A. Through the use of fingerprints or other methods of investigation, all penal convictions, the reasons therefor, and the demeanor of applicants subsequent thereto;

B. The history of the applicant; whether such person, in previously operating in this or another county in this state under a similar permit, has had such permit revoked or suspended, the reasons therefor, and the demeanor of applicant subsequent thereto;

C. Whether applicant has made a full disclosure of all the matters required to be set forth in the application;

D. Whether applicant has been in default in the payment of license fees to any governmental agencies;

E. Such other facts relative to the general personal history of the applicant as he or she shall find necessary to a fair determination of the eligibility of the applicant;

F. Whether the granting of the permit will or will not be detrimental to the safety, public morals or general welfare of the city.

(Prior code § 4-21)

The approval or disapproval of the chief of police as to the qualifications of applicant shall be endorsed on each copy of the application. One copy thereof shall be filed in the office of the chief of police, the other copy with the director of finance. If the chief of police, after making his or her investigation, approves the applicant, and the finance director finds that the applicant has in all due respects complied with the requirements of this chapter, such application shall be granted. If the applicant is denied, the finance director shall promptly give applicant notice thereof, and the reasons for such rejection.

(Prior code § 4-22)

Persons that conduct a public dance shall employ as many police officers or licensed uniformed security personnel trained in crowd control as the police chief determines are necessary to police and control each dance. The presence of any police officer at any public dance shall not relieve the permittee/licensee thereof, or any of his or her employees, from the responsibility of enforcing the provisions of this chapter or the regulations issued hereunder.

(Prior code § 4-22.1)

Any peace officer of the city shall have access at all times to the premises where a public dance is conducted.

(Prior code § 4-22.2)

A fee of sixteen dollars ($16.00) or such other fee as may be set by city council resolution shall be paid for each dance conducted. In addition, permittee shall pay any additional fee as shall be necessary to reimburse the city for the cost of peace officers found necessary by the police chief to sufficiently police and control each dance.

(Ord. 891 § 28, 2003: prior code § 4-23)

No permit issued under this chapter shall be transferable, except by the written consent of the city council.

(Prior code § 4-24)

A public dance permit shall be posted in a conspicuous place on the premises where the dance for which the permit is issued is conducted, and shall remain so posted during all the time dancing is taking place.

(Prior code § 4-25)

Any public dance permit may be immediately suspended or revoked by the city or by the chief of police or his or her designee if disturbances occur at the dance or in the surrounding area as a result of the dance or other reasonable cause.

(Prior code § 4-26)

A. Any applicant aggrieved by the action of the finance director in refusing to issue any permit, or in summarily revoking any permit already issued, shall have the right of appeal to the city council. Such appeal shall be taken by filing with the finance director, within ten (10) days after notice of such action, a verified written statement in triplicate setting forth fully the grounds of appeal, and accompanied by a filing fee in the sum of five dollars ($5.00) payable to the city; otherwise the action of the finance director shall be final.

B. The council shall set a time and place for the hearing, and notice of such hearing on appeal shall be given at least five days prior to the date of hearing. At such hearing, the applicant or licensee and his or her or its attorney may present and submit evidence. The decision and order of the city council at or after such hearing shall be final and conclusive.

(Prior code § 4-27)

The city council shall make rules and regulations governing the conduct of dances, and such dances shall be conducted strictly in accordance with such rules and regulations, and all the laws of the state.

(Prior code § 4-28)

The city council establishes that all public dances within the city shall close at the hour of one thirty a.m., and it is unlawful for any person to conduct or assist in conducting any public dance between the hours of one thirty a.m. and six a.m. of any day.

(Prior code § 4-29)