Hawthorne Municipal Code Ch. 5.40 Dancing and Entertainment

Note: For provisions regarding unlawful exposure by waiters, waitresses and performers, see Chapter 9.22.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"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 of one 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.

"Dance hall"

means a place or establishment where public dances are carried on.

"Dine and dance restaurant"

means a dance place or establishment where the general public is admitted and bona fide, complete and genuine full-course meals are served at tables as a business, and individual drinks of alcoholic beverages are served and public dancing is permitted.

"Public dance"

means public dancing, the rule of admission to which is not based upon personal selection or invitation.

"Permittee"

means and includes any person securing a permit as provided in this chapter and his agents and representatives.

(Prior code § 7-500)

Every person not otherwise licensed under the provisions of this chapter, operating a dance, whether or not for profit, to which the public is allowed to participate, either with or without charge, shall pay a license fee of five dollars per day or on a gross receipts basis, whichever is greater; provided, however, that for any such dance which commences on or after twelve noon of one day and terminates on or before twelve noon of the following day, only one day's license fee shall be paid.

(Ord. 1592 § 32, 1995)

Every person engaging in the business of operating a dance hall shall pay a license fee of one hundred fifty dollars per year or on gross receipts basis, whichever is greater.

(Ord. 1592 § 34, 1995)

No person shall engage in the business of operating a dance hall after two a.m. on Sunday or between two a.m. and eleven a.m. on any other day.

(Prior code § 7-503)

No person shall open, conduct or operate a public dance, or participate in or allow public dancing, in any place where alcoholic beverages are sold, served, given or furnished, except in or at a "dine and dance restaurant," as hereinbefore defined, and unless the following conditions and requirements are complied with and exist:

A. Music for dancing is furnished by not less than two live musicians; and

B. There is seating capacity at dining tables for a minimum of one hundred persons at one time; and

C. There is a separate dance floor having a minimum of two hundred square feet; and

D. A valid license and permit have been issued as hereinafter provided authorizing such dancing.

(Prior code § 7-504)

A. As used in this code, the word "entertainment" is defined to mean any scene, act, play, review, pantomime, song, dance, song and dance act, show, burlesque show, fashion show, style show, performance, exhibition, production or any other similar presentation participated in by one or more persons. The word "entertainment" also includes the use or employment of any person, male or female dressed in any garments or costume which reveal to visual observation of any other person or persons the nipple or areola of the breast or any portion of the breast below the upper edge of the areola or any part of the pubic area or buttocks.

B. No person shall conduct, show, stage, perform, exhibit, produce, present, hire, engage, employ, use, permit, nor aid, abet or assist in the conduct, showing, staging, performance, exhibition, production, presentation, hiring, engaging or engagement, employing or employment, use or permitting of any entertainment in any restaurant, hotel, cafe, cabaret, club, bar room, beer hall, beer garden or any place where any alcoholic beverage is sold or offered for sale to patrons for consumption on the premises, nor in any other place, whether private or public, unless a valid license and permit to do so have been obtained as hereinafter provided.

C. The playing of musical instruments and/or singing shall not be construed to be "entertainment" within the meaning of this section.

(Prior code § 7-505)

Nonprofit clubs, organizations or associations may request the city council to be exempted from obtaining the entertainment permit required by Section 5.40.060. The council may grant the request if investigation by the city manager reveals compliance with applicable laws and if the entertainment is a part of the social activities of such club, organization or association, to which members of the general public are not invited.

(Prior code § 7-506)

Applications for the permits required by Sections 5.40.030 and 5.40.060 shall be filed with the city manager on forms to be provided by the city and shall be accompanied by an application fee of thirty-five dollars for each permit requested. A single application may be made for both permits. The application shall be under oath and in duplicate and shall contain in addition to the information required by Section 5.06.020 of this code:

A. A complete identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted;

B. Names, citizenship, residence and business addresses of any co-partners, including limited partners; or if a corporation, the names, citizenship, residence and business addresses of the president, secretary, treasurer and any persons holding twenty-five percent or more of its shares of stock outstanding or ownership of the beneficial interest therein;

C. Names, citizenship, residence and business addresses of any persons having a beneficial interest in or lien upon the applicant's shares of stock, or the assets or receipts of the proposed business;

D. The name, residence and business address of the manager or person to be in charge;

E. The name, residence, business address and written consent of the owner of the premises, who shall indicate his consent by signing the application in the space provided;

F. The address and the particular room or rooms for which the permit is required, the square foot area thereof to be used for dancing and/or entertainment and the seating capacity for service of meals;

G. The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated;

H. Whether or not applicant, or anyone having a beneficial interest in the business, directly or indirectly, has had a permit for the same or any similar business suspended or revoked anywhere, and, if so, the circumstances of such suspension or revocation; the suspension or cancellation of a liquor license shall be considered as included within the purpose of this paragraph;

I. Whether or not the applicant or any officer or director, or member of applicant, as the case may be, has ever been arrested or has ever been convicted in any court for any crime; a misdemeanor traffic offense shall not be considered a crime for purposes of this paragraph;

J. A statement in detail of the kind of act, play, show or other act or acts which are to be conducted on the premises;

K. The hours of operation;

L. Such other information as the council may require.

(Prior code § 7-507)

A. The city manager shall refer all applications for said permit or permits to the chief of police, fire chief and superintendent of the building department for investigation and recommendation concerning what effect, if any, the issuance of such permit will have on the public peace, health, safety and general welfare of the city and its inhabitants.

B. The chief of police shall investigate and ascertain whether or not the applicant and all persons directly and indirectly interested in the permit or proposed business as owner, partners, officers, stockholders, disclosed or undisclosed beneficiaries of the assets or receipts thereof, the manager or other person to be in charge of the premises, is a person of good character and reputation and suitable for the issuance of such permit or permits, and if the premises are suitable and proper for such use. He shall also ascertain whether or not applicant or any of said persons, having an interest in the business directly or indirectly at the time, have had a license or permit for a similar business or a liquor license suspended, canceled or revoked. If the chief of police finds that the issuance of the permit will disturb the public peace or welfare, or that it will tend to create a public nuisance, or that the character or reputation of applicant, its officers, manager or person having a substantial beneficial interest in said business, as to decency or maintenance of order is bad, or that they had a license or permit for a similar business or a liquor license suspended, canceled or revoked, he shall recommend to the council that the application be denied.

C. The fire chief and superintendent of the building department within the scope, jurisdiction and duties of their particular departments, shall ascertain whether or not the premises to be used are suitable and proper and comply with the law for the issuance of the permit or permits, and may include in their respective reports to the council any information they may have regarding the character and reputation of the applicant, manager or other person to be in charge of the premises, or the person owning the business. If the fire chief or superintendent of the building department should find after investigation on his part as herein provided that the premises do not comply with law or such use of the premises would result in a violation of law, he shall recommend to the council that the application be denied. For the purpose of permitting applicant to correct matters objected to under this paragraph, except improper zone, the council may continue the application for not more than three weeks, and this period shall be excluded from the period within which the council is to grant or deny the application.

D. The said investigating officers shall file with the city manager their reports in writing, stating the extent of their investigation, sources of information, particulars of objections and their recommendations.

(Prior code § 7-508)

Within five days after receiving an application for said permit or permits, the city manager shall cause a notice thereof to be mailed to the owners of all premises within three hundred feet of the proposed location, as shown by the ownership records kept and maintained by the city engineer, and shall cause a notice of such application to be posted in a conspicuous place on the premises of the proposed location. Failure to receive such notice shall not invalidate the proceedings hereunder or affect the granting or denial of a permit. Any person desiring such notice shall register his name and address with the director of licensing and code enforcement, and if an application should ever be filed for a location within three hundred feet of the address given by him, he shall be mailed a notice as herein provided, but failure to receive such notice shall not invalidate the proceedings hereunder or affect the granting or denial of a permit. Written protests against the granting of said permit may be filed with the city manager on or before a date stated in the notice, which shall be fixed at least seven days from and after the date of mailing and posting of the notice.

(Prior code § 7-509.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)

Within fifteen days after receiving an application for such permit or permits, but not before the date of filing protests has expired, the city manager shall present the application together with the recommendations of the chief of police, fire chief, or his or her designees, planning director, city engineer and director of building and safety, and any protests, to the city council for its consideration. The city council may grant the city manager additional time, not to exceed thirty days, to present the application. After considering the application, recommendations and any protests, the city council shall grant a permit or permits unless it finds that:

A. The location is on property zoned for other than commercial or industrial use;

B. The operation as proposed by the applicant, if permitted, would not comply with any applicable law including, but not limited to any section of this code or regulation issued pursuant thereto;

C. The applicant or any other person who will be directly engaged in the management and operation of the place of entertainment:

1. Has been convicted in a court of competent jurisdiction, by final judgment, of:

a. An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, play or act, or

b. An offense involving lewd conduct, or

c. An offense involving the use of force or violence upon the person of another, or

d. An offense involving misconduct with children, or

e. An offense involving moral turpitude.

2. Has allowed or permitted acts of sexual misconduct to be committed in prior business operations.

D. The applicant has knowingly made any false, misleading or fraudulent statement of facts in the permit application.

The city council shall refuse to grant a permit if it finds any of the above facts present. Within ten days after reaching this determination, the council shall cause written notice of its decision to be given to the applicant, stating the specific reasons therefor. Appeal may be had as under Section 5.16.010 of this code.

(Prior code § 7-510.; Ord. 1698 § 1, 2000)

If the permit is granted, the council shall approve the application and transmit the same to the director of licensing and code enforcement for the issuance of the permit or permits. The director of licensing and code enforcement, in issuing the permits, shall strictly limit such permits to the terms of the application and on such conditions as the council may specify in order to insure compliance with this code. The permits shall expire at the end of the year following the date of issuance, but may be renewed for additional periods of one year unless investigation by the city manager shall disclose violation of the terms and conditions of issuance. Appeal from such a finding may be had as under Section 5.16.040 of this code.

(Prior code § 7-511.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)

A. Dancing. Every person required to obtain a permit under Section 5.40.050 shall pay a license fee of fifty dollars per year or on gross receipts basis, whichever is greater.

B. Entertainment. Every person required to obtain a permit under Section 5.40.060 shall pay a license fee of fifty dollars per year or ten dollars per day or on gross receipts basis, whichever is greater.

(Ord. 1592 § 36, 1995)

It is unlawful for any person entering, attending or remaining in a dine and dance restaurant to have in his possession any alcoholic beverage in a bottle, flask or other container, which was not sold, served, given or furnished to him by the permittee of such restaurant, nor shall he give or sell such alcoholic beverage while on such premises, nor shall any person receive such alcoholic beverage from him while on such premises.

(Prior code § 7-513)

All entertainment mentioned in Section 5.40.060 shall, in any of the establishments therein mentioned, be conducted upon a stage or platform raised at least eighteen inches above the floor, unless otherwise authorized by the council. In establishments having a dance floor where dancing is duly authorized under the provisions of this code, such entertainment may be conducted upon the dance floor. No entertainer or employee shall dance, unnecessarily converse, or associate with any patron during any entertainment period, and not at all except in a formal manner and when conventionally clothed; provided, however, that a regularly scheduled audience participation type of entertainment may be presented during the time stated and in the manner described in an advertisement posted at the premises and appearing in a regularly printed program, provided a copy of said advertisement shall be received by the chief of police twenty-four hours prior to the conducting of said audience participation entertainment. It is unlawful for any person to violate or fail to comply with any provision of this section.

(Prior code § 7-514)

No person shall permit any entertainment to be conducted in any establishment required to be licensed under Section 5.40.060 which does not provide unlocked doors with free and easy ingress and egress while patrons are in the establishment.

(Prior code § 7-515)

No person shall permit any entertainment to be conducted in any establishment required to be licensed under Section 5.40.060 which is visible from the street.

(Prior code § 7-516)

It is unlawful for any person employed in any establishment serving alcoholic beverages to solicit or accept drinks of alcoholic beverages from any customer while so employed.

(Prior code § 7-517)

It is unlawful for any person to conduct, show, stage, perform or produce any entertainment between the hours of two a.m. and six a.m. in any establishment required to be licensed under Section 5.40.050 except by special written authorization of the chief of police and under the conditions therein set forth.

(Prior code § 7-518)

No person shall use any establishment required to be licensed under this chapter for the purpose of conducting a private club between the hours of two a.m. and six a.m.

(Prior code § 7-519)

Every person holding a permit issued under Section 5.40.060 shall keep the same posted in a conspicuous place in open and clear view.

(Prior code § 7-520)

Every person holding a permit to operate a dine and dance restaurant issued under Section 5.40.050 shall keep the following rules and regulations, and such supplemental rules and regulations as may be adopted by resolution of the council, posted immediately adjacent to the permit in a conspicuous place in open and clear view:

A. Dancing is prohibited after two a.m. on Sunday and between two a.m. and eleven a.m. on any other day.

B. The room, hall or other place where dining and dancing are permitted shall be kept well and adequately lighted with uniform intensity at all times and with a minimum light of three foot candles, thirty inches from the floor, and all places where dancing is permitted shall be open and in clear view.

C. No vulgar, obscene, suggestive, marathon or endurance dancing shall be permitted.

D. No person shall pay or receive any fee or remuneration to be a dancing partner with a person of the opposite sex. This provision shall not apply to professional, paid entertainers when performing as such.

E. No dancing shall be permitted except between persons of the opposite sex.

F. No person adversely under the influence of alcoholic beverages shall be admitted or permitted to remain in or upon the premises.

G. Boisterous or disorderly conduct or the use of profanity is prohibited.

H. Smoking on the floor area used for dancing is prohibited.

I. Dancing shall be limited to bona fide patrons.

J. No permittee shall serve or permit to be served any drinks other than individual drinks, or serve or permit to be served cracked ice in glasses or otherwise, or serve or permit to be served, what is commonly termed "set-ups."

(Prior code § 7-521)

It is unlawful for any person holding a permit issued under Section 5.40.050 to violate or fail to comply with any of the foregoing rules and regulations, and every such violation constitutes a misdemeanor.

(Prior code § 7-522)

Any permit issued under this chapter shall be summarily and temporarily suspended by the city attorney upon information and belief, or knowledge, that the holder of such permit has violated or failed to comply with any of the rules and regulations set forth in Section 5.40.220 or has failed to enforce said rules and regulations by expelling from the premises any person guilty of violating or failing to comply with the same. Such suspension shall be accompanied by posting a notice thereof on the premises over the place where the permit is posted. Within twenty-four hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the council. The council shall, within ten days after the suspension, hear the matter, giving at least three days' notice of such hearing to the holder of the permit. The hearing may be continued from time to time at the discretion of the council and, on the conclusion thereof, the council may continue the suspension, or it may revoke the permit, or it may terminate the suspension and reinstate the permit. The decision of the council shall be final and conclusive. Revocation or suspension for any reason other than the foregoing shall be accomplished in accordance with the provisions of Section 5.16.030, 5.16.040 or 5.16.050 of this code. The council shall revoke the permit of any person convicted of violating any provision of this chapter and shall not grant another permit under Section 5.40.050 to such person or for the same premises for a period of six months after such revocation.

(Prior code § 7-523)