Farmersville Municipal Code Ch. 5.20 Public Dances

For the purposes of this chapter, the words set out in this section shall have the following meanings:

A. "Alcoholic beverage" means and includes alcohol spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half percent, or more, of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed, or combined with other substances.

B. "Cabaret" means a public dancehall in or on which a certain floor area has been set aside for or is permitted to be used for the pastime of dancing, and in conjunction with which a valid license issued by the state is in effect permitting the dispensing of alcoholic beverages.

C. "Dancing club" means any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests.

D. "Dancing school" means any school, class or classes wherein dancing is the principal subject taught.

E. " Private dance" means a gathering of persons in or upon any premises where dancing is permitted either as the main purpose for such gathering or as an incident to some other purpose and to which premises only club members, pupils or members of a particular dancing school or dancing club, and the bona fide guests of such club or school are admitted.

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

G. "Public dancing place" means a place where dancing is permitted, 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.

(Ord. 14 § 1, 1961)

A. No person(s), dancing club or dancing school shall conduct, permit, operate, or assist in conducting or operating any public dance unless and until a written permit has been obtained from the chief of police and a license obtained from the city clerk.

B. No permit or license shall be issued for a public dance where any alcoholic beverages are sold unless the place is a bona fide public eating place, or a cabaret, in which a valid license issued by the state is in effect permitting the dispensing of alcoholic beverages.

C. This section shall not apply to any person(s) or organization conducting a public dance in connection with a dinner when any alcoholic beverage is served by a caterer licensed to serve such alcoholic beverages.

(Ord. 14 § 2(A), 1961)

A. No permit or license shall be required for any dance conducted by school authorities or by the recreation and parks department of the city when such dance is conducted on property owned by such school system or the city.

B. No permit or license shall be required for any public dance conducted by a bona fide fraternal organization, veterans organization, or other service or civic organization provided such dance is conducted on property owned by the organization conducting such dance.

C. No permit or license shall be required for any private dance, dancing club or dancing school as defined in this chapter except that dancing clubs and dancing schools shall pay the license fee prescribed by the licensing ordinance of the city for such businesses.

D. Any public dance conducted by any organization named in subsections A and B of this section on property not owned by such organization shall be exempt from the licensing provisions of this chapter.

E. Any public dance conducted by a bona fide local organization where the entire proceeds of such dance are used for a charitable cause or are donated to a charitable organization, shall be exempt from the licensing provisions of this chapter.

F. The city clerk shall conduct an investigation necessary to determine if any proposed dance meets the requirements specified in this chapter. He shall be the sole judge as to the authenticity of such charity dance.

(Ord. 14 § 2(B), 1961)

Every person desiring a permit and license pursuant to this chapter shall file an application with the chief of police at least forty-eight hours prior to the date of such dance upon a form to be provided by said chief of police, and shall pay any required license fee to the city clerk.

(Ord. 14 § 2(D), 1961)

No permit shall be issued by the chief of police except upon a reasonable showing satisfactory to him, that the facilities proposed to be utilized are suitable for such purpose, that the sponsors or applicants are of good 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.

(Ord. 14 § 2(F), 1961)

A. For every person or organization except as excluded by this chapter carrying on a single public dance, the fee shall be five dollars per day or as provided for through the adoption of a resolution;

B. For every person or organization carrying on a public dance connected with a bona fide eating place, or cabaret, the fee shall be ten dollars per quarter or as provided for through the adoption of a resolution, in addition to other required business licenses.

C. All fees provided for under this chapter may be modified, adjusted or revoked by the adoption of a resolution.

(Ord. 294 § 4, 1985: Ord. 279 § 4, 1984: Ord. 14 § 2(E), 1961)

A. In the event any person(s) holding a permit under this chapter violates any of the provisions of this chapter, or permits or allows any illegal, improper or disorderly conduct in any public dancing place, the chief of police or his duly authorized representative may immediately revoke such permit.

B. If a petition for a protest hearing is filed in writing with the city clerk within seventy-two hours of such revocation, the person(s) filing such petition shall be heard by the city council at their next succeeding regular meeting. The council may at such meeting sustain or deny the protest. Any decision of the county shall be final.

(Ord. 14 § 2(C), 1961)

A. No person conducting any public dance or any public dancing place shall permit or allow any intoxicated, boisterous or disorderly person to enter, be, remain, or dance therein.

B. Alcoholic beverage shall not be sold, consumed, or otherwise used in or upon the premises of any public dancing place, unless such public dancing place is a licensed cabaret.

C. No person shall shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent so to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree which makes it difficult or impossible to clearly see or identify individuals dancing on the floors provided therefor.

D. All parking areas used in conjunction with a public dancing place must be sufficiently well-lighted to enable one to clearly see or identify individuals.

E. No person shall permit any person to dance or permit any music to be played between the hours of two a.m. and nine a.m. on any day, or permit any dancing between the hours of two a.m. of any Sunday and nine a.m. of the next succeeding day.

F. No person shall permit or allow any minor under the age of sixteen to enter, be, or dance in any public dancing place. No parent or guardian of a minor under sixteen years of age, or the proprietor or person in charge of any public dance, shall permit any such minor person to enter, be, or dance in any public dancing place; provided, that nothing in this chapter shall be construed to prevent a minor person under the age of sixteen 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, in the event that such minor does not participate in the dancing therein; provided further, that nothing in this section shall apply to private dances or dances conducted by dancing clubs or dancing schools as defined in this chapter, or dances conducted by the school systems or the recreation and parks department of the city.

G. At every public dance licensed under this chapter having less than seventy-five persons present, there shall be at least one uniformed special officer in attendance.

At every public dance licensed under this chapter having more than seventy-five persons present, there shall be at least two uniformed special police officers in attendance.

These special police officers must be in attendance during the entire time such dance is in progress and they shall devote their entire time and attention to keeping order and seeing that all provisions of this chapter are complied with.

The cost of supplying such special officers shall be borne by the person(s) conducting such dance.

H. Every permit obtained under this chapter shall be posted in a conspicuous place on the premises where the public dance for which such permit is issued is conducted, and shall remain so posted during all the time dancing is taking place.

(Ord. 17 § 1, 1961: Ord. 14 § 3, 1961)

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable as set out in Chapter 1.12 of this code.

(Ord. 14 § 4, 1961)