Guadalupe Municipal Code Ch. 5.40 Public Dances

For the purpose of this chapter, unless otherwise apparent from the context, the following words, terms and phrases used in this chapter are defined as follows:

"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.

"Public dance"

means any gathering of persons in or upon any premises where dancing is participated in as the main purpose for such gathering and to which premises the public is admitted, with or without charge.

"Public dancehall"

means any place where dancing is conducted for profit and/or to which the public is admitted, whether with or without charge.

(Ord. 2000-350 §1)

It is unlawful for any person to conduct or assist in conducting any public dance, or to operate any public dancehall within the City without first having obtained a written permit to do so in accordance with this chapter.

(Ord. 2000-350 §1)

The permit required by this chapter shall be issued only upon the written application of the applicant to the City Clerk. Such application shall be accompanied by the appropriate fee required under this chapter and shall set forth the following information.

A. The name and business and residence addresses of the applicant or applicants. If the applicant is a firm, association, corporation or other entity, the names and business and residence addresses of the persons constituting the same, including any officers and directors shall be supplied.

B. The street address of the place for which the permit is desired and a precise description of the room, rooms or other location at such street address, at which the public dance or public dances are to be held.

C. The number, dates and hours of operation of each public dance to be held pursuant to such permit.

(Ord. 2000-350 §1)

Within 10 business days after the filing of a complete application and deposit of the applicable fees, the Chief of Police shall investigate all facts and evidence bearing on the location of the subject public dance or public dancehall, and the character, reputation, and moral fitness of the applicant or other persons who will be in charge; and the Chief of Police will approve or deny such permit. In the event of a denial of a permit, the Chief of Police shall specify in writing the general reasons for the denial.

(Ord. 2000-350 §1)

A. No permit shall be issued unless:

1. The Chief of Police is satisfied that the conduct of such public dance, or the operation of such public dancehall will not interfere with the public welfare;

2. The location of the public dance or public dancehall has a current certification of annual inspection issued by the City's Fire Department.

B. No permit shall be issued if the applicant or the location of the public dance or public dancehall is in arrears on any sewer, water, garbage, business license, booking fees, or any other fees due the City.

C. As a condition of issuance of any permit under this chapter:

1. The applicant shall agree to pay on demand, any booking fees incurred by the City arising out of any arrest effectuated by the City on or immediately adjacent to the premises where the public dance occurs during or immediately following such public dance.

2. The applicant shall agree to the conditions specified herein, the rules of operation specified in Section 5.40.090, and such other reasonable conditions as the Chief of Police may impose.

D. The Chief of Police shall have discretion to waive the conditions set forth in subsection (B) or (C), and the fees provided in Section 5.40.060, if the applicant is a bona fide nonprofit fraternal or social organization, staging a dance for its members to which the public is not invited, or if the applicant is a bona fide nonprofit organization staging a public dance, the main purpose of which is to raise funds for a bona fide charitable purpose.

(Ord. 2000-350 §1)

A. Except as otherwise provided herein, the permit fee for public dances shall be established by resolution of the City Council on a per public dance basis, with an annual maximum per location set by resolution of the City Council.

B. Any fee paid pursuant to this chapter shall be refunded if:

1. The applicant is denied the permit; or,

2. The permit holder provides the Chief of Police and the City Clerk with notification of cancellation of the public dance for which the permit was issued, not less than 48 hours prior to the start of the public dance.

(Ord. 2000-350 §1; Ord. 2013-414 §14)

A. Permits are issued only for the dates and locations requested and approved, and are not automatically renewable for additional dates or locations by the same or other applicants.

B. Permits are issued only to a specific applicant for a specific date, time and location and are not transferable from one person, location, date or time to another.

(Ord. 2000-350 §1)

Any permit issued pursuant to this chapter may be revoked at any time by the Chief of Police when in the opinion of the Chief, the conduct of such public dance, or the operation of such public dancehall interferes with the public welfare, is conducted in an illegal, improper or disorderly manner, or otherwise constitutes a public nuisance.

(Ord. 2000-350 §1)

A. Any public dance conducted pursuant to a permit issued under this chapter at a location where any alcoholic beverage is to be sold or dispensed upon any part of the premises during the public dance shall only be issued upon satisfaction of the following conditions.

1. Except as otherwise permitted by this chapter, no person under the age of 21 years shall be admitted onto the premises for which the permit has been issued while the public dance is in progress except the bona fide employees of a business operating on the premises; and then, only while in the course and conduct of their employment.

2. Except as otherwise provided in this chapter, no person shall be admitted onto the premises for which the permit has been issued without the applicant requiring such person to produce a picture identification card or driver's license insuring that said person is 21 years of age or older.

3. Persons under the age of 21 years may attend public dances where alcoholic beverages are sold or dispensed only if a designated, cordoned off area is established where all alcoholic beverages are sold, dispensed and consumed; and provided further that the permittee provides assurances to the City Clerk by affidavit, that the permittee is a bona fide religious, charitable, benevolent, social or fraternal or otherwise wholly nonprofit organization.

B. No public dance may be conducted between the hours of 1:00 a.m. and 6:00 p.m. of any day. Public dances may only be conducted on Fridays and Saturdays.

C. Every permittee hereunder, at his or her own expense, shall appoint and/or contract with responsible persons or agencies approved by the Chief of Police to act as a security service at any public dance. Said service and persons shall be present at all times during the public dance and it shall be his, her or its duty to enforce the rules of operation and all conditions of issuance of the permit; provided, however, that nothing herein shall be deemed to relieve the permittee from any of his or her duties hereunder. The number of security personnel required shall be established by the Chief of Police prior to issuance of the permit for each public dance.

(Ord. 2000-350 §1)

Any denial of an application, revocation of a permit, or imposition of a condition to issuance of a permit by the Chief of Police shall be subject to appeal to the City Council on the following terms and conditions.

A. The appeal shall be filed with the City Clerk within 10 days after the date of the action complained of or the complaint shall be deemed waived.

B. The matter shall be heard by the City Council at its next regularly scheduled meeting held not less than 7 days after the date of filing of the appeal.

C. The decision of the City Council shall be final.

(Ord. 2000-350 §1)

Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and/or imprisonment, in accordance with the general penalty provision then in effect in the City, pursuant to Chapter 1.08 of this code as amended.

(Ord. 2000-350 §1)