Huron Municipal Code Ch. 5.28 Public Dances

The following words, terms and phrases, when used in this chapter, have the meaning ascribed to them herein, except where the context clearly indicates a different meaning:

"Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer and every liquor or solid containing alcohol, spirits, wine or beer, and which contains one-half (½) 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.

"Health officer" shall include any official of Fresno County performing services for the City of Huron pursuant to the contract between the City of Huron and the County of Fresno.

"License collector" shall be the city clerk.

"Live music" is music other than that furnished by mechanical means, such as by juke boxes.

"Public cafe dance" means any dance incidentally conducted upon the premises of a bona fide hotel, restaurant, cafe, cafeteria, tavern or similar public place.

"Public dance" means any dance to which the public may gain admission or is entitled to attend.

(Ord. 278 § 2 (part), 1992)

Any person conducting a public dance or public cafe dance permitting such dance to be conducted on premises under his control without first having obtained a license as approved by the chief of police, therefore from the City pursuant to the provisions of this chapter shall be guilty of a misdemeanor.

No license shall be issued to any person/business whose sewer, water, garbage, business license, utility tax accounts, and booking fees with the City is past due.

(Ord. 278 § 2 (part), 1992)

A. Except as otherwise provided in this chapter, the license fee for a dance shall be the amount of one hundred and twenty-five dollars ($125.00) per dance payable upon issuance of such license. The license fee shall be payable to the license collector no later than four (4) business days prior to the scheduled start of the dance.

B. Any fee paid pursuant to this section may be refunded, provided that the license holder provides that chief of police with notification of the cancellation of the "public dance" or "public cafe dance" for which said license was issued at least forty-eight (48) hours prior to the start of the dance.

C. Outdoor Dance. A security deposit of five hundred dollars ($500.00) is required to cover City out-of-pocket expenses related to damage, cleanup, and/or booking fees; refundable if no expense is incurred.

(Ord. 278 § 2 (part), 1992)

A. The license holder shall also pay any booking fees incurred by the City arising out of any arrest effectuated by the City on the premises where the dance occurs during and immediately after said dance.

B. No license shall be issued unless the applicant provides City with current certification of annual inspection of the local fire department.

(Ord. 278 § 2 (part), 1992)

All licenses hereunder shall be issued to expire immediately following the close of the dance for which such license has been issued.

(Ord. 278 § 2 (part), 1992)

The license collector shall issue licenses for the dates specifically designated by the applicant on the application and there shall be no renewals of said license as issued for the specific date. No license is deemed renewable unless otherwise provided for in this chapter.

(Ord. 278 § 2 (part), 1992)

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 or from one entity to another.

(Ord. 278 § 2 (part), 1992)

Any public dance or public cafe dance held or conducted by any license issued therefore at a specific place where any alcohol beverage is sold or dispensed upon any part of the premises shall only be issued upon satisfaction of the following conditions by the applicant:

A. Except as otherwise provided in this chapter, no person under the age of twenty-one (21) years of age shall be admitted onto the premises for which such license had been issued while the public dance or public cafe dance is in progress with the specific exceptions of the employees of the business of said premises where the license has been issued.

B. Except as otherwise provided in this chapter, no person shall be admitted onto the premises for which a license has been issued without the applicant requiring each person to produce a picture identification card or California Driver's License insuring that said person entering the public dance or public cafe dance is twenty-one (21) years of age or older.

(Ord. 278 § 2 (part), 1992)

Unless otherwise provided herein or as specifically allowed by the city council, no dance may be conducted between the hours of one a.m. and six p.m. of any day. Dances may be conducted on Friday and Saturday only, requests for exceptions will be addressed to the city council.

(Ord. 278 § 2 (part), 1992)

A. No person shall allow or permit any minor under the age of twenty-one (21) years to attend a public cafe dance. Unless the licensee has provided a beer gardens i.e., a designated cordoned-area in which alcoholic beverages are being sold, served and consumed pursuant to Section 5.28.130, then no person shall allow or permit any minor under the age of eighteen (18) years to attend. It shall be a misdemeanor to violate this section.

B. No person shall allow or permit any minor under the age of eighteen (18) years to attend a public cafe dance. It shall be a misdemeanor to violate this section.

C. No person shall allow or permit any minor under the age of twenty-one (21) years to enter any beer gardens or other designated cordoned-off area as established pursuant to Section 5.28.130. Violation of this section shall be a misdemeanor.

D. Minors are permitted to attend a public dance wherein no alcoholic beverages are sold, served or consumed.

E. Minors are permitted to attend those public dances where alcoholic beverages are sold, provided that a beer garden or other designated cordoned-off area is established pursuant to Section 5.28.130, and provided further that the licensee by affidavit to the license collector that said licensee or its organization is a religious, charitable, benevolent, social or fraternal or the wholly nonprofit organization and that the character of the organization/licensee is wholly nonprofit in purpose and that no person other than licensee is to receive any pecuniary profit or benefit therefrom.

(Ord. 320 §1, 1996; Ord. 278 § 2 (part), 1992)

Every person who conducts a public dance or public cafe dance shall, at his expense, appoint and/or contract with some responsible persons and/or agencies as approved by the chief of police who shall act as a security service at such dance. Said service and persons shall be present at all times when said dance is being conducted and it shall be his/its duty to see that the provision of this chapter relating to the conduct of persons attending said dance are in force; provided, however, that nothing herein contained shall be construed as relieving the licensee from any of his duties or obligations hereunder. The specific number of security guards to perform the function of security under this section shall be set by the chief of police at the time the applicant receives his license for each specific dance.

(Ord. 278 § 2 (part), 1992)

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 to maintain a public nuisance remain at such dance. Violation of this section shall be misdemeanor.

(Ord. 278 § 2 (part), 1992)

At a public dance wherein alcoholic beverages are being sold or provided and wherein people under the age of twenty-one (21) are in attendance, it will be at the discretion of the chief of police to require a beer gardens, i.e., a designated, cordoned-off area in which alcoholic beverages are being sold or served and consumed.

(Ord. 278 § 2 (part), 1992)

Any license hereunder may be revoked by the city council 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. Upon said revocation, said licensee shall be given at least five (5) days written notice where it/he appears at a hearing from the testimony and evidence introduced therein 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 facts, or that the licensee has violated any of the provision of this chapter.

(Ord. 278 § 2 (part), 1992)