Fullerton Municipal Code Ch. 3.48 Public Dances

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BONA FIDE PUBLIC EATING PLACE. A place of business holding “on-sale general license” to serve alcoholic beverages and which place of business:

(1) Has suitable kitchen facilities for cooking an assortment of foods which may be required for ordinary meals;

(2) Has a proper amount of refrigeration for the keeping of food on the premises;

(3) Complies with all applicable regulations enforced by the County Health Department;

(4) Keeps on hand the usual assortment of foods commonly ordered at various hours of the day by guests who come to said place for a meal;

(5) Has seats at tables adequate to seat 35 people, not counting any stools at the bar or counter where alcoholic beverages are prepared for service;

(6) Has a chef on duty, other than the bartender, to cook and prepare food for service; and

(7) Has not less than 300 square feet of floor space maintained in a smooth and safe condition for dancing.

PRIVATE DANCE. A dance which is limited to those persons individually invited to which no admission charge is made or a dance conducted by a bona fide club, society or association, organized or incorporated for benevolent, charitable, dramatic, literary or dancing purposes having an established membership and which holds meetings other than such dances at regular stated intervals and when the proceeds, if any, of such dance are used for the purposes of such club, society or association.

PUBLIC DANCE. A dance open to the public for an admittance fee or charge and which is held on one day only, or at irregular intervals, and which dance is not under the operation of a person who has a valid permit hereunder to operate a public dance hall.

PUBLIC DANCE HALL. A place open to the public upon the payment of an admittance fee where in music is provided and people are allowed to dance, which place is so open at regular intervals or on regular days of the week.

PUBLIC DANCING PLACE. A place where music is provided and the public is permitted to dance without payment of a fee.

(Ord. 1921, passed - -1973; Ord. 2306, passed - -1980)

(A) Every person desiring to conduct a public dance hall, public dance or public dancing place shall first file an application in duplicate for a permit so to do with the Chief of Police. The application shall state the names and addresses of all persons interested in the dance as a business venture, or the names and addresses of all officers of the organization proposing to conduct the same, the date or days, the place and the hours when the same is proposed to be conducted, and the admission fee to be charged. Said initial application shall be accompanied by the payment of an investigation fee of $100 for each permit applied for pursuant to the provisions of this chapter, and a fee of $25 for each renewal thereof to the City Treasurer and the filing of proof of such payment to the Chief of Police. A copy of such application shall be promptly sent by the Chief of Police to the Business Registration Division of the city. The permits and fees required by this chapter shall be in addition to any license tax, permit or fee required under any other chapter of this code.

(B) The Chief of Police shall investigate the person or persons applying for such permit, and in doing so, shall consider the items, and standards for granting set out in § 3.48.060 and, in conformance therewith, shall within 15 days of the receipt of said application either grant or deny the permit applied for, and the Chief of Police shall forthwith notify the applicant of his or her action.

(C) No permit shall be issued by the Chief of Police without having first obtained a fire clearance from the Fire Department, who shall conduct a fire safety inspection of the premises where dancing is proposed, to ensure that the premises is in compliance with all applicable requirements of the State Fire Code, 24 C.C.R. Part 9, and other applicable state laws.

(D) No person shall conduct any public dance hall, public dance or public dancing place without first making application for and obtaining a permit so to do, or during the time while a permit so to do is revoked.

(E) No permit shall be required for a private dance.

(F) Permits for public dance halls and public dancing places shall be good for one year from date of issuance. Permits for public dances shall be good only on the day specified in the permit.

(G) Any permit issued hereunder shall be nontransferable.

(H) Every permittee under this chapter shall post and maintain such permit upon the premises approved hereunder in a place where it may be seen in public view at all times.

(Ord. 1921, passed - -1973; Ord. 2411, passed - -1982)

(A) No person conducting any public dance, public dance hall or public dancing place shall:

(1) Permit or allow any intoxicated, boisterous or disorderly person to enter, be, remain in or dance therein;

(2) Issue any pass-out check to allow any patron thereof who has left the building to return without the payment of the regular admission charge, if a charge is made for original admission;

(3) Shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing; or

(4) Permit any person to dance or permit any music to be played, produced or reproduced by any device between the hours of 2:00 a.m. and 9:00 a.m. of any day.

(B) No person conducting any public dance hall or public dance shall permit or allow any minor under the age of 16 years to enter, remain in or dance in said place unless accompanied by a parent or guardian.

(C) No person conducting any public dancing place shall permit or allow any minor under the age of 18 years to dance therein unless accompanied by a parent or guardian.

(D) No person shall allow or take part in any dancing in any place where alcoholic beverages are sold unless there is an existing, unrevoked permit to conduct a public dancing place in such location.

(E) No person shall dance in any place authorized and operating under a permit issued under this chapter while in a state of drunkenness or intoxication or under the influence of any drug which produces hallucinations or any condition resembling alcoholic intoxication.

(Ord. 1921, passed - -1973)

In event any person holding a permit under this chapter shall violate any provision of this chapter, or shall permit or allow any illegal, improper or disorderly conduct or shall so conduct his or her activities so as to allow or cause drunk or disorderly conduct near said dancing place in the neighborhood thereof, the Chief of Police may revoke or condition such permit by giving written notice of the revocation or condition to the holder of such permit 72 hours before the effective hour of the revocation or condition. In the event any permit is revoked, a subsequent application for a permit under this chapter for reinstatement to conduct a public dance hall, public dance or public dancing place shall be deemed the same as an initial application, subject to the investigation fee thereof as elsewhere herein provided.

(Ord. 1921, passed - -1973)

Any person objecting to the issuance, revocation, condition of or the refusal or failure to issue any permit under the provisions of this chapter, may in 15 days after notice thereof has been sent by certified mail, addressed to him or her at his or her address shown on his or her application, or otherwise on file with the Chief of Police, file a written request, containing his or her address, with the City Manager for a hearing by him or her to review such action. He or she shall set such hearing within 30 days from his or her receipt of any such request and send by certified mail addressed to the person making such request at the address shown therein, a notice of the time and place of such hearing at least 15 days in advance thereof. Within 30 days after the date set for such hearing, the City Manager shall direct the Chief of Police to issue, continue in effect, reinstate, refuse, suspend or revoke such permit and he or she shall act as so directed. Upon the City Manager so directing any such permit to be refused, suspended or revoked, he or she shall send notice thereof by certified mail addressed to the person who requested such review at the address shown therein. Such person may, within 15 days after such mailing of such notice, file a written request, containing his or her address, with the City Clerk, for a hearing by the City Council to reconsider such refusal, suspension or revocation. Upon the receipt of any such request, the City Clerk shall set such hearing within 30 days and shall send a notice of the time and place thereof by certified mail to the person making such request at the address shown therein at least 15 days in advance of such hearing. After the date set for such hearing, the City Council may order the issuance, continuance in effect or reinstatement of any such permit.

(Ord. 1921, passed - -1973)

(A) The Chief of Police, in considering any application for, or revocation or condition of, any permit provided for by this chapter, shall take into account the reputation and criminal record, if any, of the person or persons applying for or operating under such permit, the number and nature of any violations of law occurring at or in the vicinity of any dancing activity conducted by said person or persons in the city prior to such consideration and the location and time where and when dancing is being or is proposed to be held. Any permit may be denied or revoked or continued under condition as provided for in § 3.48.070, if the neighborhood has been, or is, one that produces an above average number of violations of law, or violations of any provision of this chapter have occurred in the place of business under consideration. No permit shall be issued if the applicant or any person interested in or having any control of any part of the management of the dance has been convicted of a felony or of a misdemeanor involving moral turpitude or any act of physical violence. Any such conviction will justify the revocation of any existing permit.

(B) No permit for a public dancing place shall be granted or continued unless the place of business, for which the permit is applied for or has been granted, is a bona fide eating place and conforms to all of the requirements of the definition in § 3.48.010.

(Ord. 1921, passed - -1973)

The Chief of Police may, when violations of law in the neighborhood exceed the average for like areas in the city or for violations of this chapter, revoke any permit issued hereunder or for any of the reasons set out in § 3.48.060, or he or she may place as a condition, at the time of granting any permit or as a condition to avoid a revocation of an existing permit, the requirement that the management employ one or more special officers, to be approved by the Chief of Police, to keep the peace and enforce the statutes and ordinances during all times when dancing is allowed.

(Ord. 1921, passed - -1973)

Any violation of this chapter is a misdemeanor.

(Ord. 2825, passed - -1992)