Kern County Municipal Code Ch. 5.72 Public Dances and Dancehalls

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. "Person" includes any natural person, partnership, joint venture, association, club, corporation, estate, trust, business trust, receiver, syndicate or any other group or combination, acting as a unit, and the plural as well as the singular.

B. "Public dance" means:

1. Any public gathering to which the public may gain admission or is entitled to attend for the purpose of attending or indulging in the pastime of dancing, regardless of whether or not an admission charge is made; or

2. Any gathering of persons assembling for the purpose of attending or indulging in the pastime of dancing in or upon any privately owned building or premises designed or used for the assembling of persons for any purpose, including, but not limited to, dancing or other recreation, regardless of whether or not any admission charge is made and regardless of whether or not attendance at said gathering is invitational by the person holding or conducting the same;

3. Expressly excluded from the definition of public dance is any dance held and conducted for the private purposes of the owner within or upon any privately owned dwelling house and appurtenances.

C. "Public dancehall" means any hall, room, platform, pavilion, building or space in which a public dance is conducted.

D. "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 (0.5%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

E. "Public cafe dancehall" means any hall, room, platform, pavilion, building or space in which a portion of the floor space is used for the purpose of dancing, and in which the sale of alcoholic beverages takes place pursuant to a license issued by the State Department of Alcoholic Beverage Control.

F. "Public cafe dance" means any public gathering in a public cafe dancehall to which the public may gain admission or is entitled to attend or engage in dancing, regardless of whether an admission charge is made.

(Prior code § 6450)

A. Any person desiring to conduct a public dance within the county shall procure from the sheriff of the county an application form, which shall require the application to submit the following information:

1. The name and address of the person making the application;

2. The names and addresses of all owners, lessees, and other persons interested in said public dance or the conduct thereof;

3. The exact location of the public dancehall wherein said public dance is to be held, and a description thereof, including a floor plan showing the location of exits, drinking fountains, rest rooms, and other accessories or appurtenances to be used in connection therewith;

4. The number of square feet of dancing floor space in the public dancehall wherein said public dance is to be held;

5. A statement as to whether the applicant has ever been denied a license for a public dance in the county or ever had such a license suspended or revoked;

6. A statement as to whether the applicant has ever before conducted a public dance;

7. A statement as to whether any other business shall be conducted in conjunction with said public dance; and

8. Whether the applicant is requesting the issuance of a gratuitous license pursuant to the provisions of this chapter and, if so, the reasons for such issuance.

B. The person filing the application shall sign a statement under penalty of perjury that the facts stated in the application are true and correct and that all information required has been set forth in the application.

(Ord. G-5429 § 2, 1990: prior code § 6451)

Any public dance held solely on the premises of any public school or college, sanctioned and supervised by responsible officials of said public school or college, shall be exempt from the licensing requirements of this chapter.

(Prior code § 6454.1)

Any person desiring to conduct a public cafe dance within the county shall procure from the sheriff of the county an application form, which shall be substantially the same as that required by Section 5.72.020 of this chapter, except that wherever in said section the words "public dance" appear, the words "public cafe dance" shall be substituted.

(Prior code § 6452)

Upon receipt of the application described in the foregoing sections, the person making the application shall answer fully in writing all questions contained therein, shall furnish any other information that may be required by the sheriff of the county which is substantially related to the license and necessary to processing the license application in the particular case in accordance with the standards in this chapter, and shall file the completed application with the sheriff. The application shall have attached thereto certificates of approval signed by the county health department, the county fire department, and such other county officers or departments as may be specified in this code as having the responsibility of regulating public assemblages.

(Ord. G-5429 § 3, 1990: prior code 6453)

A. The provisions of the following sections of chapter 5.04 of part 5 of this code shall apply to this chapter:

1. 5.04.050 License application—Fingerprinting and photograph;

2. 5.04.060 Investigation by sheriff;

3. 5.04.080 Investigation of business location;

4. 5.04.090 Consent to investigation;

5. 5.04.100 Report of investigation—Issuance or denial of license;

6. 5.04.110 Issuance of conditional license;

7. 5.04.120 Decision of investigating officer appealable;

8. 5.04.130 Notice of appeal—Form—Procedure;

9. 5.04.200 Annual renewal—Form and procedure;

10. 5.04.220 Suspension or cancellation;

11. 5.04.230 Investigation of business;

12. 5.04.240 Grounds for revocation of license;

13. 5.04.250 Period of suspension or revocation.

(Ord. G-5429 § 4, 1990)

At the time of the issuance of the public dance or public cafe dance license, the person receiving the license must pay to the sheriff a license fee in the sum of one hundred dollars ($100.00). The renewal fee for any such license shall be thirty dollars ($30.00). No person shall conduct a public dance or public cafe dance in the county without first paying the required license fee and being issued a license pursuant to this chapter.

(Ord. G-5429 § 6, 1990: prior code § 6460)

If the applicant for a public dance or public cafe dance desires to hold such dance only on a single, specified date, and the application therefor is approved according to this chapter, the sheriff shall issue a license for a single event dance, good for one (1) day only. The fee for such license shall be twenty dollars ($20.00).

(Ord. G-5429 § 8, 1990: prior code § 6462)

Any license issued pursuant to this chapter, upon the payment of the license fee prescribed herein, shall be valid until the 31st day of December following the date of issuance, unless earlier revoked or canceled as provided herein. This section shall not apply to single event dance licenses issued pursuant to Section 5.72.100 of this code.

(Prior code § 6461)

The sheriff shall not approve the issuance of a license under the provisions of this chapter unless the premises for which the license is to be issued fully complies with all applicable health and safety laws and regulations. Whenever any alteration, repair or improvement would be necessary for the premises to comply with such health and safety laws and regulations, the applicant shall be advised of the nature of such required alterations, repairs or improvements by the county department or departments charged with the enforcement of the applicable health or safety laws or regulations. The person applying for the license shall not be required to effect any such required alterations, repairs or improvements in or upon the premises until the application is approved in all other respects. If the sheriff finds that the application is proper in all other respects, he shall approve the issuance of the license conditioned on the applicant effecting the alterations, repairs or improvements necessary to have the premises comply with all applicable health and safety laws and regulations. The licensee shall not conduct any operation by virtue of said conditional license unless and until the required alterations, repairs or improvements have been completed, and upon the completion thereof, the license shall become fully operative for all the intents and purposes for which the same shall be issued.

(Prior code § 6455)

Notwithstanding any provision of this chapter, or of Chapter 5.60 of this title, the approval of the health department or fire department shall not be required on an application for a public dance license made pursuant to the provisions of this chapter, if the public dance is to be held in a building owned and maintained by the county, and if said building has been inspected and approved for public dances by the health department and the fire department, and certificates of approval have been filed with the sheriff. The health officer and fire chief shall annually inspect, or cause to be inspected, each building owned and maintained by the county in which public dances are or may be held, for the purpose of determining whether or not said building shall be approved for the holding of public dances; and if said building is approved, the health officer and fire chief shall file their certificates of approval with the sheriff.

(Prior code § 6476)

Upon being issued a public dance license pursuant to this chapter, the person to whom the license has been issued is authorized to conduct public dancing at the place and premises described in the application therefor. Upon being issued a public cafe dance license pursuant to this chapter, the person to which the license has been issued has the authority to conduct public cafe dancing at the place and premises described in the application therefor. The license holder may not assign or transfer the license or any interest therein, and such license shall be valid only for the person to whom same has been issued, and for the particular place and premises described on the application therefor.

(Prior code § 6456)

The holder of any license issued pursuant to this chapter shall cause same to be displayed in a conspicuous place in the public dancehall or public cafe dancehall for which the license was issued.

(Prior code § 6474)

Whenever any person acquires by purchase or other transfer any public cafe dance business operating under and by virtue of a validly existing public cafe dance license issued to the transferor, and which such business is also operating under and by virtue of any alcoholic beverage license issued by the Department of Alcoholic Beverage Control of the state of California, and the transferee has duly applied to said department for the transfer of said alcoholic beverage license, the transferee may apply to the sheriff for a temporary continuance of the existing public cafe dance license prior to the completion of the transfer of the alcoholic beverage license. Subject to the requirements and standards prescribed by this chapter, the sheriff may approve the temporary continuance of the existing public cafe dance license pending the completion of the transfer of such alcoholic beverage license by the Department of Alcoholic Beverage Control. Any such temporary license continuance may be subsequently revoked by the sheriff for any reason that would be sufficient to deny approval of a public cafe dance license pursuant to this chapter. Any person granted a temporary public cafe dance license continuance pursuant to this section shall, without delay, make regular application for a public cafe dance license under this chapter. Such temporary public cafe dance license continuance shall remain in effect only until the regular application is processed.

(Ord. G-5429 § 9, 1990: prior code § 6457)

Whenever any person acquires by purchase or other transfer any public dancehall business operating under and by virtue of a validly existing public dancehall license, the transferee may apply to the sheriff for a temporary continuance of the existing public dancehall license pending the determination of the application filed by the transferee for issuance of the license to him under the provisions of this chapter. Subject to the requirements and standards prescribed by this chapter, the sheriff may approve the temporary continuance of the existing public dance hall license. Any such temporary license continuance may be subsequently revoked by the sheriff for any reason that would be sufficient to deny approval of a public dance license pursuant to this chapter. Any person granted a temporary public dance license continuance pursuant to this section shall, without delay, make regular application for a public dance license under this chapter. The temporary public dance license continuance shall remain in effect only until the regular application is processed.

(Ord. G-5429 § 10, 1990: prior code § 6457.1)

Upon proper application, the sheriff of the county may issue to any person a special gratuitous public dance or public cafe dance license for any of the following events:

A. Any dance where the proceeds thereof over and above the expenses of operation of the dance are used exclusively for the benefit of any charitable, patriotic, educational, benevolent or fraternal organization;

B. Any dance where no admission charge is made or other consideration given for admission thereto;

C. Any dance where admission thereto is limited to members and the invited guests of members of any regularly established and organized private club, fraternal organization, church, benevolent association, employees' group organization or other similar organization holding and conducting the dance, regardless of whether or not any admission charge is made and regardless of the distribution of the proceeds of said dance.

(Prior code § 6458)

Any person applying for a gratuitous dance license shall submit an application to the sheriff of the county, on a form approved by the sheriff. Such application shall contain the information required by this chapter on applications for public dance and public cafe dance licenses, and such additional information as is necessary to determine whether the license may be granted gratuitously. The application shall be processed by the sheriff in the same manner as other applications submitted pursuant to this chapter, and the person submitting the application shall meet all of the requirements of this chapter pertaining to the issuance of licenses, except that said applicant shall not pay any fee for the issuance of such special gratuitous license.

(Prior code § 6458.1)

Upon approval by the sheriff of an application for a gratuitous dance license, the sheriff shall issue the license for a term not exceeding that for which other licenses are issued pursuant to this chapter, with such reasonable conditions and restrictions on the conduct of such public dance as may be necessary for the preservation of the public welfare. Such gratuitous license may be renewed in the same manner, and for the same term, as other licenses are renewed pursuant to this chapter, except that no fee shall be charged a gratuitous licensee for the issuance or renewal of a gratuitous dance license.

(Prior code § 6458.2)

If the applicant for a gratuitous public dance license indicates in such application that dancing at such public dance shall be limited to teen-age minors, including some under the age of sixteen (16) years, and demonstrates in his application that such dance shall be properly and adequately supervised and chaperoned by responsible adults, the gratuitous license issued by the sheriff may specify reasonable age restrictions for participants at such dance notwithstanding the restrictions of Section 5.72.270 of this chapter, or any other provision of this chapter.

(Prior code § 6458.3)

No person under the age of sixteen (16) years, unaccompanied by a parent or legal guardian, shall attend any public dance or public dancehall, or loiter at or near the doors of any public dancehall, while a public dance is being conducted therein; and it is unlawful for any person in charge of or conducting such public dance or public dancehall to permit any person under the age of sixteen (16) years, unaccompanied by a parent or legal guardian, to enter any public dancehall, or engage in dancing therein, or to loiter at or near the doors of any public dancehall while a public dance is being conducted therein. This section shall not apply to a public dance held pursuant to a gratuitous license which contains special age restrictions pursuant to Section 5.72.210 of this chapter

(Prior code § 6467)

It is unlawful for any person under the age of twenty-one (21) years to attend any public cafe dance or public cafe dancehall, or loiter at or near the doors of any public cafe dancehall while a public cafe dance is being conducted therein. It is unlawful for any person in charge of or conducting such public cafe dance or public cafe dancehall to permit any person under the age of twenty-one (21) years to enter any public cafe dancehall, or engage in dancing in such place where a public cafe dance is being conducted or to loiter at or near the doors of any public cafe dancehall while a public cafe dance is being conducted therein.

(Prior code § 6468)

It is unlawful for any holder of a public dance license to have in his possession, or serve or drink, or to wilfully or knowingly permit any person to have, serve or drink any alcoholic beverage in or within a radius of one hundred (100) feet of such public dancehall, or for any person or persons to be or remain in any public dancehall within the county while under the influence of alcoholic beverages while any such public dance is being conducted.

(Ord. G-5429 § 16, 1990: prior code § 6469)

The buildings situated on the site generally known as the "County fairgrounds" which are maintained and operated by the Fifteenth District Agricultural Association (an agency of the state of California) pursuant to the lease agreement with the county dated March 29, 1948, are exempted from the provisions of Section 5.72.290 prohibiting possession or dispensing of alcoholic beverages in public dancehalls or within a radius of one hundred (100) feet therefrom.

(Prior code § 6469.1)

It is unlawful for any person conducting a public cafe dance pursuant to this chapter to sell or furnish, or cause to be sold or furnished, any alcoholic beverages to any intoxicated person, or to allow any such intoxicated person to remain in any public cafe dancehall. It is unlawful for any intoxicated person to be or remain in any public cafe dancehall.

(Ord. G-4461 § 22, 1987: prior code § 6470)

It is unlawful for any person conducting a public dance to permit the issuance of pass-out checks or return checks to anyone under the age of twenty-one (21) years at any public dance, and anyone under the age of twenty-one (21) years leaving the public dancehall wherein a public dance is being conducted shall not be readmitted thereto except upon payment of the regular admission charge.

(Prior code § 6472)

Any licensed public dancehall or public cafe dancehall shall be open for inspection during all hours of operation by any peace officer in the performance of his duties. Failure by the holder of a license issued pursuant to this chapter to permit a peace officer to inspect the premises shall constitute grounds for suspension of the license.

(Prior code § 6475)

It is unlawful to conduct or assist in conducting any public dance or public cafe dance between the hours of two (2:00) a.m. and eight (8:00) a.m. immediately following.

(Prior code § 6473)

Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or by being imprisoned in the county jail for a term not exceeding six (6) months, or by both such fine and imprisonment.

(Prior code § 6477)