Colton Municipal Code Ch. 5.32 Dances—dance Halls

For purposes of this chapter certain words and phrases Shall be construed as set forth in this section.

"Dine and Dance Clubs" and "Nightclubs" means all Hotels, Restaurants, cafes, road houses, inns, taverns or any place open to the public, where bona fide meals are served, and where the public May dance with or without charge.

"Nonprofit Organization" means any lawfully organized nonprofit club, society, association or other organization, organized or incorporated for benevolent, charitable, dramatic or literary purposes, which has an established membership and holds meetings at regular intervals for purposes other than to conduct a Public Dance.

"Notice" means Written Notice, given by personal service upon the addressee, or given by United States mail, postage prepaid, addressed to the Person to be notified at his or her last known address. Service of such Notice Shall be effective upon the completion of personal service, or upon the placing of the same in the custody of the United States Postal Service.

"Public Dance" or "Dance Club" or "Public Dance Hall" means any place where dancing is regularly conducted on certain Days as a Business, whether for profit or not for profit, and to which the public is admitted, either with or without charge, or at which the public is allowed to participate in the dancing, either with or without charge.

"Permit" means a Written Permit required and issued pursuant to the provisions of this chapter.

(Ord. 0-22-99 § 1 (part), 1999)

A. It is unlawful for any Person, firm, association of Persons, or corporation, to conduct or assist in conducting any Dine and Dance Club, Nightclub, Public Dance, Dance Club or Public Dance Hall as these are defined in Section 5.32.010, without first obtaining a Permit to do so as provided in this chapter.

B. The Following Shall be exempt from the requirements of obtaining a Permit pursuant to Section 5.32.020:

1. Dancing activities by members and Guests of a Private Club where admission is not open to the public;

2. Dancing conducted by or on behalf of a Nonprofit Organization when the proceeds, if any, arising from such Public Dance are Used for the purposes of the Nonprofit Organization and no more than one dance is conducted in any one Month.

(Ord. 0-22-99 § 1 (part), 1999)

A. Any Person, firm, association of Persons, or corporation required to obtain a Permit pursuant to this chapter Shall file a Written Application with the Chief of Police. The Application Shall be signed and acknowledged by the Applicant and Shall include the Following information:

1. The name and permanent address of Applicant;

2. A detailed description of the location of the dance activities;

3. The dates and hours proposed, and the admissions Fee, if any, to be charged;

4. The name or names of the Person or Persons having a financial interest in, or having the management or supervision of, Applicant's Business;

5. A statement of the nature and character of Applicant's Business, if any, to be carried on in conjunction with such dancing activities;

6. Whether or not the Person or Persons having the management or supervision of Applicant's Business have been convicted of a crime within the last five Years, the nature of such offense, and the sentence received therefor;

7. Such other reasonable information as to the identity or character of the Person or Persons having the management or supervision of Applicant's Business as the Chief of Police May deem necessary.

B. The Chief of Police May require a waiver of privilege and authorization for release of information and an agreement holding harmless any Persons providing information to the Police Department, and all Employees and officers reporting on the Matter, from the Applicant and any Persons named in the Application as interested in the Business. The Chief of Police May also require a release from liability or damage for the Use of the information by City officials in connection with any Public Hearing conducted for the purpose of Appealing a Decision of the Chief of Police.

C. A nonrefundable Fee, in an amount determined by Resolution of the City Council, Shall be filed upon submittal of a Permit Application or renewal Application.

D. The Chief of Police, upon receipt of a Written Application for a Permit or renewal Application, Shall conduct an appropriate investigation to determine whether the Permit should be issued in accordance with the provisions of this chapter. The Chief of Police Shall consider any relevant factual Material relating to such Application, and Shall issue a dance Permit as required by this chapter, upon his or her satisfaction that all applicable provisions of this chapter have been or will be met.

E. Applicants applying for a renewal Permit Shall file a renewal Application for Permit no later than thirty Days prior to the expiration of the current Permit.

(Ord. 0-22-99 § 1 (part), 1999)

A. Prior to granting a Permit or renewal Application for Permit, the Chief of Police Must first satisfy himself or herself that the conduct of the proposed Dine and Dance Club, Nightclub, Public Dance, Dance Club or Public Dance Hall will comport with the public welfare, and for this purpose May consider any facts or evidence bearing on the place where the proposed Dine and Dance Club, Nightclub, Public Dance, Dance Club or Public Dance Hall is to be located, the character, reputation and moral fitness of those who will be in charge of it, and any other facts or evidence intended to enlighten the Chief of Police. The Chief of Police Shall consider the Following:

1. Whether the operation, as proposed by the Applicant would comply with all applicable Laws, including, but not limited to, the City's Building, Fire, Zoning and Health Regulations; and

2. Whether the Applicant, each Person who has a financial interest in the Business, and each Person who will be directly engaged in the management or operation of the Business:

a. Has not been convicted in a Court of competent jurisdiction within the past five Years of any of the Following: fraudulent Business practices, selling or trafficking in stolen Goods, illegal drug activity, illegal gambling, prostitution, assault, battery, rape or other criminal sexual assault, or lewd conduct. If the Dine and Dance Club, Nightclub, Public Dance, Dance Club or Public Dance Hall will be patronized by Minors, the above listed Persons Shall also not have been convicted in a Court of competent jurisdiction within the past five (5) Years of any of the Following: child abuse, sexual misconduct with a Minor, or the illegal serving, providing or selling of Alcoholic Beverages to underage Persons, and

b. Is not required to register under Penal Code Section 290 or Health and Safety Code Section 11590;

3. Whether the Applicant has not knowingly made any false, misleading or fraudulent statement of fact in the Permit Application process, or on any document required by the City in conjunction with the Application; and

4. Whether the location for which the Permit is sought is suitable for the type of operation proposed, and will not pose a Nuisance to the neighborhood or disrupt the peace and solitude of a Residential area.

B. The Chief of Police Shall render a Decision on a Written Application for Permit within thirty Days of the receipt of a completed Application or Permit or Application for the renewal of a Permit.

C. All Permits issued by the Chief of Police in accordance with this chapter Shall be for a period not to exceed twelve Months.

(Ord. 0-22-99 § 1 (part), 1999)

The Chief of Police may, in his or her discretion, impose conditions on the Approval of a Permit to ensure compliance with the provisions of this chapter or to protect the public health, safety and welfare. At a minimum, however, all Permits Shall be deemed to include the Following conditions:

A. Interior Illuminations. All interior areas where dancing is Permitted Shall maintain an interior illumination of not less one foot candle at floor level for exit areas as provided by the Uniform Building Code.

B. Disorderly Conduct. No Person in charge or assisting in the conduct of a Building or location where dancing is Permitted Shall Permit any intoxicated, boisterous or disorderly Person to enter, be in or remain in, or to assist in any portion of the Building where dancing is Permitted. No Person in an intoxicated condition Shall enter or remain in any Building or location where dancing is Permitted or conduct himself in a boisterous or disorderly manner in a Building or location where dancing is Permitted.

C. Nontransferability of Permit. Each Permit issued is nontransferable, separate and distinct and no Person Shall exercise the privileges granted under this chapter except the Person, firm, corporation or association or Persons to whom the same was issued and at the specific place for which it was issued.

D. Permit Posting and Availability. Each Permit Shall be posted in a conspicuous place in or upon the Premises for which it was issued, and Shall be shown to any City official upon demand.

E. Financial Interests and Management. The Permittee Shall make available to the City, upon Written request to do so, a list of the current names and addresses of all Persons who are directly engaged in the management or operation of the Business, all Persons having a financial interest in the Business and all Employees or agents. The Permittee Shall, at the Permittee's sole expense, cause each Person thereafter acquiring a financial interest in the Business, and each Person who becomes directly engaged in the management and operation of the Business to be fingerprinted by the Police Department.

F. Prohibitions on Mosh Pits, Crowd Surfing and Stage Diving. No Permittee Shall Permit or allow any dance activities characterized by violent physical contact between and among patrons, or activities where patrons are suspended above the shoulders of other patrons for the purpose of maneuvering such patrons from one Person to another, or activities characterized by having patrons or Performers diving or leaping into a crowd of Persons. Such prohibited activities Shall include, but not be limited to mosh or slam-dancing, crowd or body surfing or stage diving. Patrons engaging in such prohibited activities Shall be deemed to engage in disorderly conduct subject to the provisions of subsection B, of this section.

G. On-Site Security. Each Person, firm, corporation or association operating, conducting or carrying on a Dine and Dance Club, Nightclub, Public Dance, Dance Club or Public Dance Hall under the provisions of this chapter Shall employ, at his or her own expense, special security officers, who Shall be in attendance at all times that dancing is allowed, Permitted or conducted at the Establishment for which a Permit is issued. Each special security officer Shall, at a minimum, have training in powers of arrest as specified in California Business and Professions Code Section 7545.2, and Shall possess a guard registration card issued by the California Department of Consumer Affairs Collection and Investigative Services Division. Such special security officers Shall keep the peace at such dances and Shall enforce all Laws applicable thereto, including the conditions of Approval under which the Establishment is required to operate.

(Ord. 0-22-99 § 1 (part), 1999)

If the Chief of Police finds that any of the facts prohibiting issuance of a Permit or the renewal of a Permit as set forth in Section 5.32.040 exist, the Chief of Police Shall not approve the Application and Shall give Written Notice of his or her Decision to the Applicant and any other Person requesting such Notice, within ten calendar Days of reaching such determination.

(Ord. 0-22-99 § 1 (part), 1999)

A. Whenever the Chief of Police finds that the Permit is being exercised contrary to the requirements of this chapter or the conditions of Approval Attached to the Permit, the Chief of Police May suspend or fail to renew any Permit issued pursuant to this chapter upon finding that:

1. The operation, as conducted by the Permittee, does not comply with applicable Laws, including but not limited to, the City's Building, Fire, Zoning and Health Regulations; or

2. The Business has been cited and has had an applicable alcohol beverage license revoked by the California Department of Alcoholic Beverage Control for acts in Violation of an alcohol license; or

3. The proprietor or Person in charge thereof violates or Permits any infraction of any such rules or any Law of the State or any Ordinance of the City, including the conditions of Approval Attached to the dance Permit; or

4. A disturbance of the peace in or upon or about the Premises for which the Permit was issued has occurred and the disturbance is caused, acquiesced in, not adequately protected against by reasonable means, or Permitted by the Permittee, its agents, servants, officers or Employees. For purposes of this section, disturbances of the peace Shall include, but not be limited to, public drunkenness, drinking in public, public urination, selling or trafficking in stolen Goods, theft, acts of vandalism, littering, Graffiti, illegal drug activity, illegal gambling, prostitution, assault, battery, rape or other criminal sexual assault, lewd conduct, curfew Violations, child abuse, sexual misconduct with a Minor, or the illegal serving, providing or selling of Alcoholic Beverages to underage Persons; or

5. The Permittee has knowingly made a false, misleading or fraudulent statement of fact in the Permit Application or on any document required in conjunction therewith; or

6. Any Person who has or acquires a financial interest in the Business or any Person who is or becomes directly engaged in the management or operation of the Business has been convicted in a Court of competent jurisdiction of an offense punishable in California or other competent jurisdiction, the underlying facts of which indicate a lack of such qualities as are essential to protect the public health, safety or welfare; or

7. The Use for which the Permit has been issued has not been conducted for a period of thirty consecutive Days.

B. Any Violation of any provision of this chapter Shall also constitute a Nuisance per se pursuant to California Government Code Section 38775 which the City is entitled to abate pursuant to California Code of Civil Procedure Section 731.

C. The Chief of Police, in the case of a suspension or nonrenewal, Shall serve the Permittee with Notice of a Written order of suspension or nonrenewal, which Shall be effective immediately if personally served or after same has been deposited with the United States Postal Service.

D. The determination of the Chief of Police with regard to a suspension or nonrenewal of a dance Permit Shall be Appealable to the City Council in the manner and time set forth in Section 5.23.080.

E. A Written order of suspension Shall be deemed a revocation of the Permit to which it relates unless the Permittee, within ten calendar Days after receiving Notice pursuant to subsection C of this section, files an Appeal from the Written order in the manner set forth in Section 5.32.080. A Written order of nonrenewal Shall be deemed final upon the expiration of the prior Permit unless the Permittee, within ten calendar Days after receiving Notice pursuant to subsection C of this section, files an Appeal from the Written order in the manner set forth in Section 5.32.080.

F. When an Appeal is taken, the order Shall be stayed pending a determination thereon by the Mayor and City Council.

(Ord. 0-22-99 § 1 (part), 1999)

A. Any Applicant aggrieved by a Decision of the Chief of Police with reference to the issuance, conditional issuance, denial, nonrenewal, suspension or revocation of a Permit May Appeal the Matter to the Mayor and City Council in accordance with the Following provisions:

1. Within ten calendar Days after Written Notice is provided, the Applicant May demand a hearing before the Mayor and City Council as to why the Application should or should not be denied, renewed, issued with conditions, suspended or revoked.

2. Such Appeal Shall be presented in writing to the City Clerk along with a statement of the reasons for the Appeal. Upon receipt of the Written Appeal, the City Clerk Shall schedule the Matter before the City Council. Such Appeal Shall be heard by the City Council within thirty Days of the receipt of the Written Appeal by the City Clerk.

3. At the time set for such hearing, the mayor and City Council Shall hear the Applicant for the Permit, who May present any facts to show why such Permit should or should not be denied, renewed, issued with conditions, suspended or revoked, and Shall hear from other Persons who May attend the hearing and present reasons why the Permit should or should not be denied, renewed, issued with conditions, suspended or revoked.

4. At the close of the Public Hearing, the Mayor and City Council Shall determine from the facts produced at the hearing, and from any other facts presented, whether or not the Permit should be denied, renewed, issued with conditions, suspended or revoked, and Shall adopt a Written Resolution accordingly.

5. The City clerk Shall serve Written Notice of the action of the Mayor and City Council to the Applicant within ten calendar Days of such Decision.

(Ord. 0-22-99 § 1 (part), 1999)

It is unlawful for any Person, corporation or association of Persons to employ any Person at a salary or on a Commission, or for anything of value, directly or indirectly whose duty or Business it is or Shall be to dance with or act as dancing partners at any Dine and Dance Club, Nightclub, Public Dance, Dance Club or Public Dance Hall or for any Person to engage in such employment.

(Ord. 0-22-99 § 1 (part), 1999)

Any Person, association of Persons, or corporation who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof Shall be punished by a fine not exceeding one hundred dollars and not less than twenty-five dollars, or by imprisonment in the City Jail for a period not exceeding thirty Days and not less than five Days, or by both such fine and imprisonment; and upon such conviction, any Permit which May have been granted to such Person, association of Persons, or corporation, to conduct, maintain or carry on any Public Dance Hall or Public Dance, Shall be rendered void, ipso facto, and Shall be revoked by the Chief of Police as provided in Section 5.32.070.

(Ord. 0-22-99 § 1 (part), 1999)