El Monte Municipal Code Ch. 5.32 Dances and Dance Halls

For the purpose of this chapter certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended.

"Cabaret dance" means any dance or dancing held or engaged in at any place or premises licensed by the state to sell, serve or dispense intoxicating liquor for consumption in or at such place or premises.

"Club dance" means any dance held by a dancing club.

"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.

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

"Public dance hall" means a place where dancing is conducted 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.

"Teenage dance" means a nonprofit public dance or club dance for minors between the ages of thirteen (13) and nineteen (19) years of age to which no person twenty-one (21) years of age or over, or under thirteen (13) years of age, is admitted as a participant.

(Prior code §§ 6340—6340.6)

No person shall conduct or assist in conducting any public dance hall, dancing club, club dance, teenage dance, cabaret dance, or any public dance in the city except under and by authority of a written permit issued pursuant to the provisions of Chapter 5.12 of this title; and no person shall participate in any such dance conducted without such a permit.

(Prior code § 6341)

No permit shall be required to conduct a private dance, as defined by Section 5.04.010.

(Prior code § 6341.1)

No permit shall be required for dancing at any school, K-12 public or private, as defined by Chapter 17.150 of this code, when such dancing is conducted as part of the curriculum of such school or is conducted at a dance officially sanctioned by such school. A permit shall be required if such dancing be conducted other than at such school.

(Prior code § 6341.2; amended during 1999 recodification; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

No permit shall be required for dancing at any church, provided that such dance is limited to the church members and their guests, that the dance is conducted entirely within a church building or on church grounds not readily accessible from public property, and that such dance is a church sanctioned or organized regular function of the church.

(Prior code § 6341.3)

In addition to all requirements specified in or imposed under Chapter 5.12 of this title, each application for any permit required by this chapter shall set forth the following:

A. The name and residence of the applicant or applicants; if any applicant be a firm or partnership, the names and residences of the members or partners thereof; if any applicant be an association, the names and residences of the officers thereof; if any applicant be a corporation, the names and residences of the officers and directors thereof;

B. The place for which the permit is desired or in or at which any dance or dances is or are to be conducted;

C. The number of dances for which application for a permit is made, the date of the dances to be conducted under such permit, and the hours during which a dance is to be conducted on each such date;

D. The maximum number of persons estimated by applicant to attend each such dance;

E. Whether the application is for a new permit or for the renewal of an existing permit;

F. An accurate description of that portion of the premises upon which dancing is to be conducted and which shall be designated as the dancing area.

(Prior code § 6342)

Any permit issued under this chapter may be temporarily suspended by written order signed by the Chief of Police. A copy of such order shall be transmitted by the Chief of Police to the City Council at its next regular meeting after such issuance, and unless so presented it shall be of no further force and effect thereafter; provided, however, that the Council may, by order adopted at and entered in the minutes of such meeting, continue such temporary suspension in effect pending a full hearing thereon.

(Prior code § 6344)

A. Every person conducting a public dance hall, dancing club, club dance, teenage dance, or public dance, other than a cabaret dance, shall pay to the city, in advance, the cost of special officers to be assigned by the Chief of Police to patrol the dance, in accordance with the estimated attendance shown on the permit application, as follows:

B. No person conducting a public dance shall permit more people to attend than the number of persons shown in his or her permit application as estimated attendance. The Administrative Officer shall determine the cost of such special officers. Such cost shall comprise all cost factors such as wages, retirement, insurance and administrative overhead.

C. Admission by Police Officer. Any police officer of the city on duty, whether in uniform or working in civilian clothes, shall be admitted without charge to any such public dance, club dance or public dance ball at the time for the purpose of inspecting the conduct of those participating in the dancing and to see that the provisions of this chapter are being properly complied with.

(Prior code §§ 6345, 6346)

No person in charge of or assisting in the conduct of any public dance hall, dancing club, club dance, teenage dance, cabaret dance, or public dance shall permit any person to enter into, to be in or to remain in any place where such public dance hall, dancing club, club dance, teenage dance, cabaret dance, or public dance is conducted who is intoxicated, boisterous, or disorderly. No person in an intoxicated condition shall enter, be in or remain in any public dance hall, dancing club, club dance, teenage dance, cabaret dance, or public dance, or in any automobile parking lot used in conjunction therewith. No person shall conduct himself or herself in a boisterous or disorderly manner in or at a public dance hall, dancing club, club dance, teenage dance, cabaret dance or public dance, or in or at any automobile parking lot used in conjunction therewith.

(Prior code § 6347)

No person shall bring to any public dance hall or to any dancing club, club dance, teenage dance, cabaret dance, or any public dance any intoxicating liquor; provided, however, that this Section shall not apply to any person, firm or corporation, and to his or its employees acting within the scope of their employment, lawfully engaged in the sale or distribution of intoxicating liquor, from delivering intoxicating liquor to any such place, upon the request or at the direction of the owner or operator thereof.

(Prior code § 6347.1)

No person other than the owner or operator of a dance hall, dancing club, club dance, cabaret dance, or public dance, and his bona fide employees acting in the course of their employment, shall possess any intoxicating liquor at any public dance hall, dancing club, club dance, cabaret dance, or any public dance unless the same has been lawfully sold, served or dispensed thereat.

(Prior code § 6347.2)

No cabaret dance or cabaret dancing shall be held or engaged in between the hours of one-forty-five a.m. and six a.m. of any day. No public dance shall be conducted between the hours of one a.m. and six a.m. This section shall not apply to a teenage dance officially sponsored and conducted by any school, K-12 public or private, as defined by Chapter 17.150 of this code.

(Prior code § 6347.3; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

No person shall permit any person under the age of twenty-one (21) years to enter, be in, or remain in any place where a public dance hall, dancing club, club dance, teenage dance, cabaret dance, or public dance is conducted if intoxicating liquor is sold, served, or dispensed in such place, nor shall any person under the age of twenty-one (21) years enter any place enumerated in this Section if intoxicating liquor is sold, served, or dispensed in such place.

(Prior code § 6347.4)

No employee of any person conducting or in charge of any dance hall, cabaret or public dance, shall engage in dancing with any other person at his or her place of employment. This Section shall not apply to dancing clubs, club dances or teenage dances.

(Prior code § 6347.5)

A three (3) foot unobstructed aisle or passageway to an exit from the building shall at all times be provided and maintained from every bar, booth and table intended for the use of or used by patrons of the premises. No person in charge of or assisting in the conduct of a public dance hall, dancing club, club dance, teenage dance, cabaret dance, or public dance shall permit any person to stand, sit, be or remain in or otherwise obstruct any aisle, corridor or passageway leading to any exit or required to be provided or maintained by any applicable statute or regulation. After having been requested not so to do by the person in charge of the premises or by any person engaged in the enforcement of any of the provisions of this chapter, no person shall stand, sit, be or remain in or otherwise obstruct any aisle, corridor or passageway leading to any exit or required to be provided or maintained by any applicable statute or regulation.

(Prior code § 6347.6.1)

No cabaret dance or cabaret dancing shall be held or engaged in unless all of the following conditions are at all times complied with:

A. The dance floor shall be a minimum size of two hundred (200) square feet.

B. The dance floor area specified in each permit issued under this chapter shall be plainly marked and designated as a dancing area. No dancing shall be permitted in the premises except upon the dancing area thus marked and designated.

C. During all hours during which dancing is permitted by the permit issued hereunder for the premises, no portion of the dancing area shall be used for any purpose other than dancing and entertainment.

D. No portion of any dance floor shall be located within ten (10) feet of any bar or other facility for the dispensing of intoxicating beverages.

E. The maximum number of persons, other than employees employed to render help or service on the premises, shall not at any one time exceed the number of permanently fixed seats provided for the patrons of such establishment in addition to the number of persons equal to the quotient of the number of square feet of the remaining area of useable floor space of the premises divided by fifteen (15). In computing such useable floor area, the following portions of the premises shall be excluded:

1. All portions of the premises designed or intended primarily for the use of or in fact principally used by persons employed on the premises;

2. All corridors, passageways, exits, and aisles leading to exits;

3. All dance floor areas; provided, however, that floor areas may be included during such times that dance floor areas may lawfully be used for purposes other than dancing or entertainment.

F. The person in charge of the premises shall provide and pay for that number of special officers required by the Chief of Police and determined by the Permit Committee to be necessary, based on the past conduct of cabaret dances at the premises.

(Prior code § 6347.7)

No premises at which cabaret dances or cabaret dancing are conducted or is engaged in shall be used or operated as a private club between the hours of two a.m. and six a.m. of any day.

(Prior code § 6347.8)

A copy of Sections 5.32.090 through 5.32.140, together with a copy of all additional regulations or conditions imposed by the dance permit, shall be posted at each of the following locations of the premises for which the dance permit was issued:

A. At the inside of and within three (3) feet of each entrance and exit of the room or hall where a public dance hall, dancing club, club dance, teenage dance, cabaret dance, or public dance is operated or held;

B. On the outside of and within three (3) feet of each entrance and exit of the room or hall where a public dance hall, dancing club, club dance, teenage dance, cabaret dance, or public dance is operated or held;

C. In at least two (2) conspicuous places on each public or private parking lot used in connection with such public dance hall, dancing club, club dance, teenage dance, cabaret dance, or public dance.

(Prior code § 6349)