Fontana Municipal Code Div. 2 License

It shall be unlawful for any person to operate, conduct or carry on a public dance or a public dancehall within the city without first obtaining a license so to do.

(Code 1968, § 4-2)

Application for a license required by section 15-106 shall be made to the chief of police in writing and shall state the name and address of the applicant and the place where the dance or dancehall is to be conducted. Upon receipt of such application, together with the license fee as required by section 15-108, the chief of police shall thoroughly investigate the application, and shall deny the application if:

(1) The applicant is not of good moral character;

(2) The premises in respect to which the license is to be issued do not comply with the provisions of any law, or are injurious to the public health or safety; or

(3) The applicant has had a license forfeited, suspended or revoked under the provisions of this article or any similar ordinance.

(Code 1968, § 4-3)

The license fee for operating, conducting and carrying on such dance or dancehall shall be the sum of $25.00 per dance or $50.00 per year, such fee to be payable in advance. The fee shall be paid to the license collector upon application for such license.

(Code 1968, § 4-6; Ord. No. 1037, § 1(4-6), 11-19-91)

Cross reference— License tax for specific businesses, § 15-43.

Upon approval of an application for a license under this division by the chief of police, the license collector shall issue a license to the applicant. Such license shall set forth the name of the applicant and the place where the dance or dancehall is to be conducted. Each license shall be nontransferable, shall be posted in a conspicuous place in or on the premises in respect to which it is issued, and shall be exhibited to any police officer.

(Code 1968, § 4-4)

Each license issued under this division is separate and distinct, and no person shall seek to exercise the privileges granted under this division except the person to whom the license is issued and at the specific place and time for which it is issued.

(Code 1968, § 4-5)

The city council may upon its own motion, and shall upon the verified complaint in writing of any person, investigate the conduct of any dance or dancehall, and shall have power to temporarily suspend, permanently revoke or conditionally issue a license issued under this division for any of the following:

(1) Misrepresentation of a material fact by the applicant in obtaining a license.

(2) Violation of any of the provisions of this article.

(3) Commission of any act which under this article would be sufficient grounds for denial of an application for a license.

(4) Disturbance of the peace in or upon or about the premises for which the license was issued or permitting the peace to be disturbed upon or about such premises.

(5) Written protest against the operation and conducting of any public dance or public dancehall, signed by a majority of the persons residing within 1,000 feet of any such dance or dancehall.

(6) Oral statement made by the chief of police at a regular meeting of the city council that such public dance or dancehall is being conducted in a manner detrimental to public morals.

(Code 1968, § 4-7)

Upon the occurrence of any act for the suspension or revocation of a license as provided in section 15-111, the city manager may temporarily suspend or permanently revoke any license issued under this division or may issue a license upon such terms and conditions as the council may deem necessary. Notice of such action by the city manager temporarily suspending or revoking such license shall be served upon the licensee, the notice to be served upon the licensee either by personal service or by registered mail to the last known address of such licensee. The licensee thereafter may, within ten days after the service or receipt of such notice, demand a hearing before the city manager as to why the license should not be continued in force and effect. At the time set for such hearing, the city council shall hear the holder of the license, who may present any facts to show why such license should not be revoked, and shall hear statements from other persons who may attend the hearing and present reasons why the license should or should not be revoked; provided that the city council may close the hearing when it is convinced that no public good will result from its continuance. At the close of the hearing, or at any time within 30 days thereafter, the city manager shall determine from the facts produced at the hearing and from any other facts in its possession whether or not the license should be revoked, suspended or issued conditionally, and shall make its order accordingly. A notice of the action of the city manager after the hearing shall be served upon the licensee in the same manner as provided in this section for notice of the suspension or revocation of the license. The city manager's determination shall be the final administrative decision of the city.

(Code 1968, § 4-8; Ord. No. 1757, § 4, 2-14-17)