Chapter 6.32 — PUBLIC DANCES

A.

"Cabaret dance" means any dance incidentally conducted upon the premises of a hotel, restaurant, cafe, cafeteria, cocktail lounge, beer bar or similar public place, which dance patrons thereof may attend without paying an admission charge.

B.

"Public dance" means any dance other than a "cabaret dance" or "public teenage dance" to which the public may gain admission or is entitled to attend.

C.

"Public teenage dance" means any public dance to which only minors between the ages of thirteen and seventeen years, inclusive, may gain admission.

(Ord. 598, § 6, 1978; Ord. 578, § 1, 1976; prior code, § 660)

It is unlawful for any person to conduct a public dance, cabaret dance or teenage dance or to permit such dance to be conducted on premises under his control without first having obtained a license therefor pursuant to the provisions of this chapter.

(Ord. 598, § 6, 1978; Ord. 578, § 1, 1976; prior code, § 661)

Any person desiring to conduct a type of dance referred to in this chapter shall make application for a license to the license collector upon the form prescribed by him and accompany the same with an application fee as set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs. The application shall contain the name of the applicant, and in the case of a partnership, the nanes of the individual parties, and in the case of a corporation, the principal officers and directors; the location of the premises which the license is sought to be exercised; and such other information as the license collector may require.

(Ord. 89-006, § 6; Ord. 598, § 6, 1978; prior code, § 661.1)

Upon receipt of an application for a license and the required fee therefor, the license collector shall immediately provide the health officer, the sheriff of the county and director of resources and development of the county, each, with a copy of the application. The health officer shall make an inspection of the premises for the purpose of ascertaining the sanitary, health and safety conditions thereof and report in writing to the license collector his findings and his recommendation for granting or denying the application. The sheriff shall make an investigation to ascertain whether or not a dance conducted thereon would be a

menace to public welfare or morals or likely to constitute a public nuisance and report in writing his findings to the license collector with his recommendation for granting or denying the application. The director of resources and development shall make an investigation as to whether or not the proposed place where the dance is to be held is appropriately zoned.

(Ord. 0-81-002, § 7; Ord. 598, § 6, 1978; prior code, § 661.2)

Within ten days from the filing of an application for a license and providing that both the health officer and the sheriff-coroner have recommended that such license be granted, the license collector shall, upon receipt of the required license fee, issue such license.

(Prior code, § 662)

Except as otherwise provided in this chapter, the license fee for either a public dance or cabaret dance shall be as set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs and payable upon the issuance of the license. When a license is issued during any quarter, the license collector may prorate the fee as of the first of the month nearest to the date of issuance.

(Ord. 89-006, § 6; Ord. 598, § 6, 1978; prior code, § 663)

All licenses hereunder shall be issued to expire either on March 31st, June 30th, September 30th, or December 31st, at the option of the applicant; provided, that no license shall be issued to expire more than one year from the date of issuance.

(Prior code, § 664)

Each license issued under this chapter shall be issued to a specific person and for a specific location and shall in no event be transferable from one person to another, nor shall the licensee permit any promoter, lessee, contractor, joint venturer or any other person whatsoever except the regular employees of the licensee to exercise any control, direction, or authority over the premises or dance being conducted thereon.

(Prior code, § 667)

Any person holding a public dance license may conduct a public teenage dance upon the licensed premises to which only minors between the ages of thirteen and seventeen, inclusive, are admitted; provided that in addition to all other requirements of a public dance there is at all times during such dance at least one responsible adult to every ten teenagers present at all times during said dance, which adult may be a parent or friend accompanying the teenager or a person provided by the licensee; and provided

further that at least two such persons shall be security personnel employed by the licensee with the prior approval of the sheriff coroner as to their suitability to act as such.

(Ord. 578, § 1, 1976)

Any license issued under this chapter may be revoked by the board either upon its own initiative or upon complaint being made to it by affidavit setting forth the grounds upon which the license is sought to be revoked and the facts constituting the cause for complaint, and after the hearing of which the licensee shall be given at least five days' written notice where it appears at such hearing from the testimony and evidence adduced thereat that the conducting of any dance under such license has or in the future is likely to be a menace to the public health, safety, or morals or constitute a public nuisance, or when it appears that such license was obtained by misrepresentation of any material fact, or that the licensee is a person of bad moral character, or that licensee has violated any of the provisions of this chapter.

(Prior code, § 677)

An "extended hour public dance" is a public dance subject to all of the provisions of this chapter except that it may be conducted at any time except between the hours of five a.m. and eight a.m. and that no pass out check or other return privilege shall be issued to any person leaving the dance hall or anterooms between the hours of two a.m. and eight a.m. unless accompanied by a peace officer, a public chaperon, or the operator of the dance or one of his or her employees, and no other person shall be admitted or readmitted thereto except upon the payment of the regular admission charge. The license fee for an extended hour public dance shall be as set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs.

(Ord. 89-006, § 6; prior code, § 678)

No extended hour public dance license shall issue except upon the affirmative recommendation of the health officer and the sheriff-coroner as provided in Section 6.32.040. Provided, however, the sheriff- coroner shall make a recommendation recommending the issuance of the license only if all of the following conditions exist:

A.

The applicant, if an individual, and, if a partnership or corporation, all of the managing officers thereof, submit to fingerprinting by the sheriff-coroner and agree that all employees and prospective employees be likewise fingerprinted and that no such person be issued a license or be employed or retained in employment who has suffered conviction of a crime involving moral turpitude;

B.

The premises and the ratio of patrons to area at all times meet all fire regulation standards and requirements;

C.

That no person under the age of eighteen years be permitted to remain on the premises after two a.m.;

D.

All of the above conditions shall appear upon the license as conditions thereof with the notice that violation of any of such conditions may result in summary suspension and revocation of the license.

(Prior code, § 678.1)

An extended hour public dance license may be summarily suspended by the sheriff coroner for violation of any of the provisions of this chapter, including any provision of Section 6.32.230, pending a hearing before the board of supervisors for formal revocation thereof.

(Prior code, § 678.2)