Downey Municipal Code Part 2 Dance Halls

Public Dance Hall is any place of business where two or more persons dance or are permitted, whether for profit or not for profit, and to which the public is admitted or permitted to dance with or without charge.

(Added by Ord. 30, adopted 5-13-57)

Public Dance is any dance where two or more persons dance in or upon any premises to which the public is admitted, either with or without charge, and whether such dancing is done or permitted as the main purpose or as an incident to some other purpose, except where such two or more persons dancing together are putting on a show, exhibition or other form of entertainment in which the audience or public does not participate.

(Added by Ord. 30, adopted 5-13-57)

Café entertainment shall mean any entertainment presented at any public place where food or beverage is sold, offered for sale, or given away, or shall mean any such place where entertainment is provided in any manner, furnished, allowed or permitted to be carried on.

For the purposes of this section, entertainment includes any live performance, public dancing, use of any juke box, karaoke machine or similar device, any event broadcast over cable, closed circuit, or satellite television, any other public performance which attracts or keeps the attention of others, or any event in which a cover charge is required for admission.

(Added by Ord. 168, adopted 4-25-61; amended by Ord. 1042, adopted 5-13-97)

Dancing club is any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests more than once per month and for the attendance at or participation in which a dance fee is charged, or at which dance any collection or donation of money is made or received or in which club or association the amount of dues paid by each member is dependent upon or related to the attendance at such dances.

(Added by Ord. 168, adopted 4-25-61)

Civic dance is any casual event held by any bona fide memorial, fraternal, or civic association, or held under the auspices of a school, public recreation or community service organization.

(Added by Ord. 168, adopted 4-25-61)

No person shall conduct or operate any public dance hall, or permit any public dance or dancing, or conduct or operate any place having café entertainment unless such person in charge of operating or having control of such public dance hall, or such place where such public dance is taking place, or such place where such café entertainment is permitted or allowed has received a permit from the Chief of Police authorizing the conduct or operation of such public dance hall, public dance, or place of café entertainment. A $45 filing and processing fee shall be required with each such application; provided, however, such fee shall not be required if the applicant is an organization described in Section 6205.1 of Part 1 of Chapter 2 of this article.

(Amended by Ord. 168, adopted 4-25-61; Ord. 469, adopted 11-11-74)

No permit shall be required to conduct or operate any dancing club or civic dance; provided, however, before any activity defined as a dancing club or civic dance is conducted or carried on, there shall be submitted to the Chief of Police an application specifying the date, time, and location, the sponsoring organization, and such other information as may be required by the Chief of Police in order to afford him or her sufficient information to determine that such proposed activity comes within the definition of a dancing club or civic dance as set forth in this part. Upon the receipt of such an application, the Chief of Police, if he or she is satisfied that the proposed activity comes within such definitions, shall approve such application, and, after such approval, such activity may be carried on. The Chief of Police may attach such conditions to such approval as may be necessary to carry out the spirit and purposes of this part.

(Added by Ord. 168, adopted 4-25-61)

No person shall operate, be in control of, or have the management of any place or activity for which a person is required under this part which place or activity is operated, conducted, or permitted to be operated or conducted contrary to the provisions of Sections 6507.1 through 6507.6; nor shall such place or activity be operated or conducted, or be permitted to be operated or conducted, contrary to any regulations adopted by the Chief of Police which may be reasonably necessary to protect the public peace, health, safety, morals, and general welfare of the citizens of the City.

(Amended by Ord. 168, adopted 4-25-61)

No person shall operate any premises or carry on any activity at any such premises for which a permit is required under this part between the hours of 1:30 a.m. and 10:00 a.m.

(Added by Ord. 168, adopted 4-25-61)

No person shall conduct any public dance in any public dance hall, restaurant or cocktail lounge wherein public dancing is carried on or permitted and wherein or whereat alcoholic beverages are sold, offered for sale, or consumed unless a permit therefor has been issued by the Chief of Police.

(Added by Ord. 168, adopted 4-25-61)

No minor shall be permitted in any place for which a permit is required under this part wherein or whereat alcoholic beverages are sold, offered for sale, or consumed.

(Added by Ord. 168, adopted 4-25-61)

No minor under the age of 18 years shall be permitted in any public dance hall or at any public dance for which a permit has been issued unless accompanied by a parent or guardian.

(Added by Ord. 168, adopted 4-25-61)

All places for which a permit is required by this part, during the hours when the activity for which the permit is required is being carried on or during the hours such place is open or available for such purposes, shall be illuminated sufficiently so that there shall be average illumination of at least 50 foot-candles at a height of 30 inches from the floor of the premises.

(Added by Ord. 168, adopted 4-25-61)

No permit shall be issued to conduct or operate any public dance hall, dancing club, or public dance at any establishment having less than the following prescribed area set aside and reserved exclusively for dancing, such area to be exclusive of hallway space:

(a) 175 square feet of dance floor where the seating capacity of the establishment is not more than 75 persons;

(b) 225 square feet of dance floor where the seating capacity of the establishment is not more than 100 persons; and

(c) 300 square feet of dance floor where the seating capacity of the establishment is in excess of 100 persons.

(Added by Ord. 168, adopted 4-25-61; amended by Ord. 469, adopted 11-11-74)

Whenever there is presented to the Chief of Police a request to void or waive the provisions of Section 6507 and, upon the evidence presented to the Chief of Police, he or she determines that the waiver of such provisions will not constitute a violation of the spirit of this part, and that such waiver will not be detrimental to the public peace, health, safety, morals, and general welfare of the citizens of the City, and that, by reason of the circumstances peculiar to the particular instance, the provisions of Section 6507 reasonably cannot be met, he or she may authorize a waiver of such provisions for a public dance if it is to be for one night only or if for more than one night but not more than three consecutive nights is to be a dance for which no permit is required pursuant to the provisions of Section 6506.1.

(Added by Ord. 68, adopted 4-25-61)