Chapter 6.50 — DANCES—CABARETS

For the purposes of this chapter, certain words and phrases are defined as follows, and certain provisions shall be construed as set out herein, unless it is apparent from the context that a different meaning is intended.

A.

"Cabaret" means any place in which a public entertainment performance for profit is the main order of business, in connection with the serving or selling of food or drink or merchandise in any hotel, restaurant, hall or public place. Such a performance includes vaudeville or other performance or diversion in the way of acting, singing, declamation or dancing, either with or without instrumental or other music, conducted by professionals, amateurs or patrons, and under the auspices of the management. Every form of entertainment so conducted is included except instrumental music unaccompanied by any other forms of entertainment.

B.

"Dancehall" means any place or hall where public dances are held.

C.

"Mechanical music machine" means any phonograph or other musical device of whatever kind or character, which emits songs, music or similar entertainment or amusement upon the insertion of a coin, slug, token or similar representation of value into the machine, or any device connected therewith, or by the payment of any price.

D.

"Private dance" means any dance other than a public dance.

E.

"Public dance" means every dance to which the public may be admitted.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

It is unlawful for any person to open, conduct or carry on, or to participate in the opening, conducting or carrying on of, a dancehall, a public dance, or a cabaret in the city, unless there exists a valid permit therefor, granted and existing in compliance with the provisions of this chapter. Such permit is in addition to any conditional use permit required by Title 19 of this code.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Application for any permit referred to in Section 6.50.020 shall be made in the manner specified in Chapter 6.05 of this title. The police chief is the public official who will conduct the investigation.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

All permits shall be issued for a period to be specified therein.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Except as otherwise provided in this chapter, it is unlawful for any person conducting any public dance, dancehall or cabaret in the city, or any agent, employee or representative of any such person, to violate or permit the violation of any of the following regulations:

A.

The public place in which any dancing is being done shall be kept well-lighted;

B.

No alcoholic beverages shall be permitted, passed or consumed in the area where public dancing is conducted;

C.

No dancing shall be permitted between the hours of one a.m. and nine a.m. next ensuing, except with the written consent of the city manager or the police chief;

D.

No person under the influence of intoxicating liquor shall be admitted or permitted to remain in or upon the premises;

E.

No "taxi" dance or similar types of dancing for a fee shall be permitted;

F.

A copy of this section and the city permit shall be kept posted in the cabaret or public place where dancing is being conducted at all times during the continuance of such dancing.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

The police chief may revoke any permit issued under this chapter for violation of any law, or violation of the terms, conditions, regulations or provisions of this chapter.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Any person whose permit is revoked as provided in Section 6.50.060 may appeal such revocation to the council in the manner specified in Chapter 6.15 of this title.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A.

It is unlawful to continue the operation of any public or private dance, dancehall or cabaret after being ordered by a police officer of the city to:

Temporarily discontinue the public or private dance, or

Close such public or private dance, dancehall or cabaret.

B.

The order must be based upon the grounds that the continued operation of the public or private dance, dancehall, or cabaret constitute a clear and present danger to the public peace, health, safety, morals or welfare.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Section 6.50.020 shall not apply to private dances. Any person desiring to conduct a private dance shall give notice to the police chief of the intention to conduct a private dance at least forty-eight hours in advance of such private dance.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)