Humboldt County Municipal Code Ch. 2 Public Dances

Sections: Definitions. License Required; Penalty. Application for License. Action Upon Application; Inspection by Health Officer and Sheriff. Issuance of License. License Fee. Exemption from Fee.

§ 912-8. § 912-9. § 912-10. § 912-11. § 912-12. § 912-13. § 912-14. § 912-15. § 912-16. § 912-17. § 912-18.

License Period. Appeal to Board of Supervisors. Renewals. Transfer of License or Exercise or Privileges Thereof by Other Prohibited. Alcoholic Beverages. Time for Holding Dance. Minors; Penalty. Admission to Public Dance; Penalty. Resort Dance. Conduct; Penalty. Revocation. 912-1. Definitions. The following words, terms and phrases when used in this chapter have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. (a) Public Dance. “Public dance” means any dance other than a “Public cafe dance” to which the public may gain admission or is entitled to attend. (b) Public Cafe Dance. “Public cafe dance” means any dance incidentally conducted upon the premises of a bona fide hotel, restaurant, cafe, cafeteria, or similar public place when it is equipped and maintained in good faith for sales to the consumption by the public of meals upon the premises and which in fact regularly serves meals thereon not less than six (6) days per week and which dance patrons thereof may attend without the paying of an admission charge. (c) Youth Dance. “Youth dance” means a public dance or a private dance to which persons under the age of twenty-one (21) years are admitted as participants. (d) Alcoholic Beverage. “Alcoholic beverage” means and includes alcohol, spirits, wine, beer and every liquor or solid containing alcohol, spirits, wine or beer, and which contains one-half percent (½%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. (Ord. 980, § 1, 4/23/1974) 912-2. License Required; Penalty. Any person conducting a public dance, public cafe dance or youth dance or permitting such dance to be conducted on premises under his/her control without first having obtained a license therefor pursuant to the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 980, § 2, 4/23/1974)

912-3. Application for License. Any person desiring to conduct either type of dance referred to in this chapter shall make an applicant for a license therefor to the Tax Collector upon a form prescribed by him/her and accompany same with an application fee of Ten Dollars ($10.00). Said application shall contain the following information: (a) The name of the applicant and, in the case of a partnership, the names of the individual parties and, in the case of a corporation, the principal officers and directors. (b) The location of the premises upon which the license is sought to be exercised. (c) Such other information as the Tax Collector may require. (Ord. 980, § 3, 4/23/1974) 912-4. Action Upon Application; Inspection by Health Officer and Sheriff. Upon receipt of an application for a license and the required fee therefor, the Tax Collector shall immediately provide both the Health Officer and the Sheriff with a copy of the application. The Health Officer shall, within seven (7) days of receipt of said copy of the application, made an inspection of the premises for the purpose of ascertaining the sanitary, health, and safety conditions thereof, and shall report in writing to the Tax Collector his/ her findings and his recommendation for granting or denying the application. The Sheriff shall, within seven (7) days from the receipt of a copy of the application, make an investigation to ascertain the moral standing of the applicant and shall inspect the premises to ascertain whether or not a dance conducted thereon would be a menace to the public welfare or morals or likely to constitute a public nuisance and shall report in writing his findings to the Tax Collector with his/her recommendation for granting or denying the application. (Ord. 980, § 4, 4/23/1974) 912-5. Issuance of License. Within ten (10) days from the filing of an application for a license, and providing that both the Health Officer and the Sheriff have recommended that such license be granted, the Tax Collector shall, upon receipt of the required license fee, issue such license. (Ord. 980, § 5, 4/23/1974) 912-6. License Fee. Except as otherwise provided in this chapter, the license fee for either a public dance, a public cafe dance, or a youth dance shall be Twenty-five Dollars ($25.00) per quarter payable upon the issuance of such license. When a license is issued during any quarter, the Tax Collector may prorate the fee as of the first of the month nearest to the date of issuance. (Ord. 980, § 6, 4/23/1974)

912-7. Exemption from Fee. No fee is required for a license for a public dance, public cafe dance or youth dance at which no alcoholic beverage is sold or consumed where such dance is conducted by a bona fide charitable, religious, benevolent, patriotic or educational organization, or by the United Service Organization. Any determination as to the exempt status of any applicant shall be made by the Tax Collector. (Ord. 980, § 7, 4/23/1974) 912-8. No License Fee. A public dance license or public cafe dance license may be issued by the Tax Collector without the payment of a license fee upon the application of any patriotic, religious, charitable, benevolent, social, fraternal or other wholly nonprofit organization when it is made to appear to the Tax Collector by affidavit of any officer of such organization that the character of the organization is wholly nonprofit in purpose. Such application must be accompanied by the usual application fee and be approved in the usual manner by the Sheriff and the Health Officer before being issued. Provided, however, where the application is made for the purpose of holding a dance upon premises which are already licensed under this chapter, no application fee shall be required nor shall the approval of the Sheriff or Health Officer be required. (Ord. 980, § 8, 4/23/1974) 912-9. License Period. All licenses hereunder shall be issued to expire either on March 31, June 30, September 30, or December 31, at the option of the applicant, provided that no license shall be issued to expire more than one (1) year from the date of issuance. (Ord. 980, § 9, 4/23/1974) 912-10. Appeal to Board of Supervisors. When any applicant has been denied a license by reason of an adverse report and recommendation of the Health Officer or Sheriff, the applicant may request a hearing before the Board of Supervisors, who shall set a date for such hearing, giving notice thereof to the Health Officer, the Sheriff, and to any other person whom the Board may deem is entitled to notice, at said hearing the Board shall take evidence and thereupon determine whether or not such application should be granted, and the Tax Collector shall issue or deny such application accordingly. (Ord. 980, § 10, 4/23/1974) 912-11. Renewals. Before the expiration of an existing license, the Tax Collector may issue a renewal thereof upon the filing of an application therefor upon the form prescribed by him/her accompanied by the required fee. No license is to be deemed renewed until the renewal license has been actually issued and delivered by the Tax Collector. After expiration, a license may be renewed only by following the procedure and paying the fees as provided for in this chapter for the issuance of an original license. (Ord. 980, § 11, 4/23/1974) 912-12. Transfer of License or Exercise or Privileges Thereof by Other Prohibited. Each license issued hereunder 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. (Ord. 980, § 12, 4/23/1974) 912-13. Alcoholic Beverages. Alcoholic beverages may be sold upon the premises where a public dance is conducted, provided that the place of sale is separated from the dance floor by a solid partition with access thereto only through a door or doors, and provided further that no person under the age of twenty-one (21) years is permitted to enter that portion of the premises where alcoholic beverages are sold, and no person is permitted to carry or otherwise remove alcoholic beverages from the place where they are sold to any other portion of the premises. Except as provided in this chapter, it shall be unlawful for any person to possess or consume any alcoholic beverages upon the premises where a public dance is being conducted. (Ord. 980, § 13, 4/23/1974) 912-14. Time for Holding Dance. No public dance or public cafe dance may be conducted between the hours of 2:00 a.m. and 8:00 a.m. of any day; provided that it shall be lawful for such dances to remain open until the hour of 5:00 a.m. on New Year’s Day. It shall be a misdemeanor for any person to violate this section. (Ord. 980, § 14, 4/23/1974) 912-15. Minors; Penalty. No person shall allow or permit any minor under the age of eighteen (18) years not accompanied by a parent or responsible person over the age of eighteen (18) years to attend a public dance or public cafe dance. It shall be a misdemeanor to violate this section. (Ord. 980, § 15, 4/23/1974) 912-16. Admission to Public Dance; Penalty. Except upon special occasions when a free dance has been advertised as such and is held without any charge or admission fee therefor, a regular admission charge shall be made to any public dance, which shall entitle any person paying the same to participate in all dancing; and no cover charge shall be made or collected or any fee or charge made or collected for participation in any fee or charge made or collected for participation in any individual or group of dances. Failure to comply with this section shall be a misdemeanor. (Ord. 980, § 16, 4/23/1974) 912-17. Resort Dance. Every dance conducted in connection with a resort containing other entertainment facilities with an admission charge being made to the resort but not specifically to the dance pavilion therein shall be deemed a public dance subject to all the provisions of this chapter relating to the conducting of a public dance, except that the provisions relating to admission charges shall be deemed to refer and shall apply to admission to the resort and not to the dance pavilion itself. (Ord. 980, § 17, 4/23/1974) 912-18. Conduct; Penalty. No person conducting a public dance or public cafe dance shall allow or permit any indecent, vulgar or suggestive dancing or conduct upon the premises where such dance is being conducted or permit any person under the influence of alcoholic beverages to remain at such dance. Violation of this section shall be a misdemeanor. (Ord. 980, § 18, 4/23/1974) 912-19. Revocation. Any license issued hereunder may be revoked by the Board of Supervisors 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. After the hearing of such complaint, licensee shall be given at least five (5) 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 to constitute a public nuisance, or when it appears that such license was obtained by misrepresentation of any material fact, or that licensee is a person of bad moral character, or that licensee has violated any of the provisions of this chapter. (Ord. 980, § 19, 4/23/1974) § 913-1. § 913-2. § 913-3.