Duarte Municipal Code Ch. 5.76 Public Dances

COUNCIL. "Council" means the city council of the city of Duarte.

PRIVATE DANCE. "Private dance" means a dance which is limited to those persons individually invited, to which no admittance charge is made and for which no fees or charges of any kind are collected.

PUBLIC DANCE. "Public dance" means a gathering of persons in or upon any premises where dancing is participated in either as the main purpose for such gathering or as an incident to some other purpose, and to which premises the public is admitted.

PUBLIC DANCE HALL. "Public dance hall" means a place where dancing is conducted, whether 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.

(Ord. 411 § 1, 1977; Ord. 279 § 2, 1970; Ord. 127 § 1, 1964)

A person shall not conduct or assist in conducting any public dance hall or any public dance in the city unless under and by authority of a written permit from the city.

(Ord. 127 § 2, 1964)

The provisions of this chapter shall not apply to dances conducted by public agencies, nor to dances conducted by fraternal organizations as defined in Section 15.05.020; provided, that such fraternal organizations conduct fewer than four dances per fiscal year, and that any proceeds arising from such dances are used only for the purposes of such fraternal organizations. The provisions of this chapter shall not apply to private dances as defined in Section 5.76.010.

(Ord. 411 § 2, 1977)

Every application for a permit shall be in writing, on a form provided by the city, and shall set forth the following facts:

(a) The name and residence of the applicant or applicants, and if any applicant be a firm, the names and residences of the partners thereof if an applicant be an association, the names and residences of the principal officers thereof; and if an applicant be a corporation, the names and residences of the principal officers and directors thereof;

(b) The place for which the permit is desired or in which any dance or dances are to be held;

(c) The number, dates and times of the dances to be held under the license;

(d) A detailed description and drawing of the physical facilities and uses of the building within which the dances are to be held, designating the portions of the building and facilities to be utilized by the persons attending such dances;

(e) A statement as to whether alcoholic beverages are to be served or permitted upon the premises, and if so, the type and provisions for dispensing them;

(f) The nature of any special policing or chaperoning of the dances proposed by the applicant;

(g) Whether the application is for a new permit or for the renewal of an existing permit;

(h) Such other matters as shall be required by the city administrator.

(Ord. 127 § 4 (part), 1964)

The city administrator shall transmit every application for any license under this chapter to the sheriff for an investigation and report on the applicant.

(Ord. 127 § 4 (part), 1964)

The city administrator may, in his sound discretion, issue a permit without the necessity of a public hearing or city council approval, and subject to such conditions as he shall deem reasonably necessary or desirable to secure compliance with all applicable laws and regulations. Such permit shall not be issued except upon a reasonable showing that the facilities proposed to be utilized are suitable for such purpose, that the sponsors and applicants are of good and moral character and reputation, that the requirements of this chapter and all other applicable city ordinances and the conditions of the permit will be observed and that the issuance thereof will not be contrary to the public interest.

(Ord. 127 § 5, 1964)

Any applicant dissatisfied with the action of the city administrator under the provisions of this chapter shall, upon written request, be afforded a public hearing and determination upon such application by the city council, in the manner provided in Sections 5.76.090 and 5.76.100.

(Ord. 127 § 6, 1964)

A fee established by resolution of the city council shall be paid upon the filing of each application for a permit other than a daily permit for the purpose of defraying the expenses incidental to the processing of the application. If a permit is thereafter granted, the application fee shall be credited against the permit fees required under the provisions of Section 5.76.310.

(Ord. 781 § 1 (part), 2006; Ord. 127 § 7, 1964)

When the city administrator has denied a permit to any applicant, or imposed conditions to which the applicant objects, and if such applicant shall request in writing a public hearing before the city council, the city clerk shall fix a time and place for a public hearing thereon by the city council. Such public hearing shall be held not less than twenty-one, nor more than forty-five days following the filing of the written appeal. Not less than seven days before the date of such hearing, the city clerk shall cause a notice of such hearing to be:

(a) Posted in a conspicuous place on the property in which or on which it is proposed to hold the dance;

(b) Published once in a newspaper of general circulation within the city.

Each such notice shall contain the data contained in the application as required by Section 5.76.040 and shall advise the public of the right of persons objecting to file written protests or be heard.

(Ord. 127 § 8; March 23, 1964)

At the specified time and place, the council shall hold a public hearing and shall consider all written protests and shall ascertain all facts deemed by it to be relevant to the permit applied for.

(Ord. 127 § 9; March 23, 1964)

No permit shall be issued by the city council except upon a reasonable showing, satisfactory to the city council, that the facilities proposed to be utilized are suitable for such purpose, that the sponsor or applicants are of good and moral character and reputation, that the requirements of this chapter and of all other applicable ordinances of the city, and the conditions of the permit, will be observed and that the issuance of the permit will not be contrary to the public interest. If issued, such permit may be issued subject to such conditions as the council shall deem reasonably necessary to secure compliance with all applicable laws and regulations.

(Ord. 127 § 10; March 23, 1964)

No permittee, or the agents, officers or employees thereof, shall violate or fail to observe, or permit the violation of or failure to observe, any provision or condition of a permit issued hereunder.

(Ord. 127 § 11; March 23, 1964)

Any permit issued under the terms of this chapter may be revoked or suspended at any time by the council, after, public hearing, due notice of which shall be furnished the permittee, if the council shall find, upon evidence heard thereat, that:

(a) The conduct of such dance hall or public dance does not or will not comport with the public welfare for any reason;

(b) The same has been conducted in an illegal, improper or disorderly manner;

(c) The proprietor or person or persons in charge thereof has violated or permitted the infraction of any law of the state or any ordinance of the city, in the conduct of the permitted activity or an activity closely related thereto;

(d) The conditions of the permit have been materially or repeatedly violated.

(Ord. 127 § 12; March 23, 1964)

Upon the conviction of any permittee, or the responsible officers of any association or corporation permittee, of a violation of any provisions of this chapter, any permit which may have been granted to such permittee hereunder shall be automatically suspended forthwith. The council shall, upon request made to the city clerk in writing, hold a hearing as soon as possible and in no event more than forty-five days after a such request is made, and shall determine whether such suspension of the license should terminate or continue, or whether such license should be revoked as provided in Section 5.76.130.

(Ord. 127 § 13; March 23, 1964)

Every permit and the current renewal thereof shall be posted in a conspicuous place on the premises where the dance for which such permit is issued is conducted, and shall remain so posted during all of the time dancing is taking place.

(Ord. 127 § 14; March 23, 1964)

A minor person under eighteen years of age shall not attend or dance at any public dance unless accompanied by:

(a) His or her spouse over eighteen years of age;

(b) His or her parent;

(c) His or her guardian;

(d) An adult member of his or her immediate family, with the knowledge and consent of the parent of such minor.

Every parent or guardian of a minor under eighteen years of age, and the proprietor or person in charge of any public dance, or any dance hall, shall prevent any such minor person from attending or dancing at any such dance unless so accompanied.

(Ord. 127 § 15; March 23, 1964)

The prohibitions of Section 5.76.160 do not prohibit a minor person under the age of eighteen years from being in a bona fide hotel, cafe or other place where meals are regularly served and where a public dance is being held, without such accompaniment, provided that such minor does not participate in the dancing therein.

(Ord. 127 § 16; March 23, 1964)

The prohibitions of Section 5.76.160 shall not apply to:

(a) Any dancing school, duly licensed and registered as such, wherein classic dancing or ballroom dancing is the principal subject taught;

(b) Any dance conducted by any bona fide nonprofit club, society or association, which has a permanent situs within the city;

(c) Any public dance at which attendance and dancing are limited to minor persons under nineteen years of age.

(Ord. 127 § 17, as amended by Ord. 235; January 13, 1969)

Any person who is intoxicated or in an intoxicated condition shall not appear in or be in any place while dancing is in progress pursuant to any permit issued pursuant to this chapter. A permittee or person who conducts or assists in conducting any such dance or any dance hall shall not permit any intoxicated person or persons in an intoxicated condition to appear, be or remain at such place while any such dance is in progress.

(Ord. 127 § 18, 1964)

A person shall not conduct or assist in conducting any public dance or public dance hall between the hours of two a.m. and ten a.m. on any day except New Year's day, without first having filed with the city administrator and with the sheriff's department a notice of intention to do so at least twenty-four hours previous to the holding of such dance, and without having received the approval of the city administrator so to do.

(Ord. 127 § 19, 1964)

No permittee shall permit or allow any person under the age of twenty one years to be in any public dance hall or at any public dance when alcoholic beverages are sold or served, either in bulk or by the drink, in the building or on the premises where such public dance hall is situated, except when such person is accompanied by:

(a) His or her spouse over twenty one years of age;

(b) His or her parent;

(c) His or her guardian;

(d) An adult member of his or her immediate family with the knowledge and consent of a parent of such minor, unless the person or body issuing such permit shall find that adequate precautions have been or will be taken to prevent access to such areas by such minors.

(Ord. 760 § 1, 2001; Ord. 299 § 1, 1971: Ord. 127 § 20, 1964)

Deputy sheriffs, in addition to their several other duties, shall regularly inspect any and all dance halls, and shall report any infractions of law or of any permit issued hereunder to the city administrator.

(Ord. 127 § 21, 1964)

The sheriff and his deputies and the city administrator and his deputies, when properly identified, shall be admitted free of charge to any dance hall for the purpose of inspection of the premises or of the activities conducted thereat.

(Ord. 127 § 22, 1964)

A permittee, his agents or employees, or other persons, shall not readmit into any public dance or public dance hall any person who has left such dance or dance hall unless:

(a) An admission charge not less than that charged to patrons entering such public dance or public dance hall for the first time is again paid;

(b) The permit specifically provides that such readmission may be allowed without further payment.

(Ord. 127 § 23, 1964)

Except while a floor show is in progress, every public dance hall and every place where any dance regulated by this chapter is held shall be adequately lighted throughout. Lighting shall be deemed adequate if all persons within the dancing area are clearly visible from all points immediately adjoining such dancing area, line of sight permitting.

(Ord. 127 § 24, 1964)

Every person conducting any public dance or public dance hall, who owns, operates or controls any parking lot adjacent to such public dance or public dance hall and used in connection therewith, shall uniformly light such parking lot. Such light shall be sufficient to permit the reading of a clean automobile license plate at a distance of fifteen feet, or, in the alternative, shall be not less than one footcandle.

(Ord. 127 § 25, 1964)

It is unlawful for any person, firm or corporation to maintain, conduct or operate any public dance within the city, unless there shall be in attendance during all of the time when such dance shall be maintained, conducted or operated, a person of good moral character who shall be known as the floor manager. Such floor manager shall be designated in writing, filed with the sheriff, by the holder of the permit for such dance or dance hall, and the person so appointed must be approved by the sheriff before acting as floor manager. Notwithstanding the foregoing, the floor manager shall be an employee of the permittee, or shall be the permittee himself, and the city shall not be liable in any manner therefor. It shall be the duty of the floor manager to see that the provisions of this chapter and all other ordinances and regulations of the city relating to the subject of such dances are fully observed and obeyed at such dance.

(Ord. 127 § 26, 1964)

Whenever a public dance is held, the city administrator may require that not less than one uniformed employee shall be employed as a parking lot custodian for each fifty or less parking spaces provided for those attending such a dance, which employee or employees shall be continuously on duty at such parking lots between the hours of ten p.m. and two-thirty a.m. Such requirement may be made as a condition of the permit or may be made at a later time if deemed necessary by the city administrator.

(Ord. 411 § 3, 1977: Ord. 127 § 27, 1964)

The council may, from time to time, adopt rules governing public dance halls and public dances, which shall, upon their adoption, be made a part of each permit.

(Ord. 127 § 29, 1964)

There shall be at least one hundred square feet of floor space maintained for dancing, free of any carpeting, furniture or partitions, and maintained in a smooth and safe condition. A floor area shall be maintained for the seating of persons having access to the dance area in accordance with the following formula:

(a) For the first two hundred fifty square feet of dancing area, the seating area shall be at least twice the dancing area;

(b) For all dancing area in excess of two hundred fifty square feet, the seating area shall be at least equal to the dancing area.

(Ord. 279 § 3, 1970: Ord. 127 § 30, 1964)

Each applicant for a permit to conduct a public dance shall specify in his application the maximum number of persons to be admitted to any such dance, which number shall not exceed that number of persons who may lawfully occupy the premises in question pursuant to the provisions of the building code, the fire code, or other laws or regulations. For the purposes of this chapter, the number specified in the application shall hereinafter be referred to as "the maximum admission." The annual fee for permits issued for public dances under this chapter, except as otherwise provided in this chapter, shall be established by resolution of the city council.

(Ord. 781 § 1 (part), 2006; Ord. 279 § 4 (part), 1970)

The fees required by Section 5.76.310 are in addition to all revenue fees and licenses payable by the permittee under other laws and ordinances, but credit shall be given against such fees for any fees paid by the permittee pursuant to the provisions of Chapter 5.82.

(Ord. 279 § 4 (part), 1970)

The fees required by Section 5.76.310 shall be reduced by one-half for establishments where no alcoholic beverages are dispensed or consumed established by resolution of the city council. The city council finds that establishments where alcoholic beverages are dispensed or consumed constitute greater regulatory problems, in the area of public dance regulation, than do establishments where alcoholic beverages are not dispensed or consumed.

(Ord. 781 § 1 (part), 2006; Ord. 279 § 4 (part), 1970)

In lieu of the annual permit provided for in Section 5.76.310, temporary permits good for up to three consecutive days may be obtained for a fee established by resolution of the city council. The fee for such a temporary permit shall not be reduced for establishments where alcoholic beverages are not dispensed or consumed, nor shall it be subject to credit for fees paid pursuant to the provisions of Chapter 5.82.

(Ord. 781 § 1 (part), 2006; Ord. 279 § 4 (part), 1970)

No permit issued hereunder shall be valid for a period exceeding one year from the date of issuance. Applications for renewal shall be made in the same manner and procedure, and subject to the same rules as are applicable hereunder for applications for an original permit, and subject to the same deposits and fees.

(Ord. 127 § 33, 1964)