Kingsburg Municipal Code Ch. 5.24 Public Dances as Special Events

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in the following terms shall govern the construction, meaning, and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this chapter, the definitions and provisions contained in Chapter 1.04 (commencing with Section 1.04.010) of Title 1 of this code shall also govern the construction, meaning, and application of the words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

"Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquor 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 dance other than a public eating establishment dance to which the public may gain admission or is entitled to attend.

"Public eating establishment 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 and consumption by the public of meals upon the premises and which in fact regularly serves meals thereon not less than six days per week and which dance patrons thereof may attend without the paying of an admission charge.

"Special event dance" means any dance that is held in an eating establishment to commemorate a particular event (such as Fourth of July or New Year's Eve) and is not incidental to the day-to-day operation of the establishment.

(Amended during 5-08 supplement; prior code § 52-0000)

No person shall conduct a public dance or public eating establishment dance, or permit 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.

(Amended during 5-08 supplement; prior code § 52-0001)

Application for a license shall be made to the city clerk upon a form prescribed by him/her, and accompanied with an application fee as set by resolution. Such 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 city clerk may require.

(Amended during 5-08 supplement; prior code § 52-0002)

Upon receipt of an application for a license and the required fee, the city clerk or his/her designee shall immediately provide the chief of police with a copy of the application. The chief of police shall within seven days from the receipt of a copy of the application make an investigation to ascertain the moral standing of the applicant and to 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 report in writing his/her findings to the city clerk with his/her recommendation for granting or denying the application.

(Amended during 5-08 supplement; prior code § 52-0003)

Within ten (10) days from the filing of an application for a license, and providing that the chief of police has recommended that such license be granted, the city clerk shall, upon receipt of the required license fee, issue such license.

(Amended during 5-08 supplement; prior code § 52-0004)

Except as otherwise provided in this chapter, the license fee for either a public dance or public eating establishment dance shall be as established by resolution per quarter year payable upon the issuance of such license. When a license is issued during any quarter, the city clerk may prorate the fee as of the first of the month nearest to the date of issuance.

(Amended during 5-08 supplement; prior code § 52-0005)

A public dance license or public cafe dance license may be issued by the city clerk without the payment of a license fee upon the application of any religious, charitable, benevolent, social, fraternal, or other wholly non-profit organizations when it is made to appear to the city clerk by affidavit of any officer of such organization that the character of the organization is wholly non-profit in purpose and that no person other than applicant is to receive any pecuniary profit or benefit therefrom. Such application must be made at least twenty-four (24) hours before such public dance or public cafe dance is to be held and be approved by the chief of police before being issued; provided, however, that 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 chief of police be required.

(Prior code § 52-0006)

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 year from the date of issuance.

(Prior code § 52-0007)

When any application has been denied by reason of an adverse report and recommendation of the health officer or chief of police, the applicant may request a hearing before the council, who shall set a date for such hearing, giving notice thereof to the health officer, the chief of police, and to any other person whom said council may deem entitled to notice. At said hearing the council shall take evidence and thereupon determine whether or not such application should be granted, and the city clerk shall issue or deny such application accordingly.

(Prior code § 52-0008)

Before the expiration of an existing license, the city clerk 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 city clerk. 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.

(Amended during 5-08 supplement; prior code § 52-0009)

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. The location may be changed upon application made to the city clerk accompanied with an application fee of ten dollars ($10.00) and upon the recommendation of the health officer and chief of police acting in the same manner as upon application for original licenses.

(Prior code § 52-0010)

No public dance may be held or conducted, or any licenses issued therefor, where any alcoholic beverages other than beer is sold or dispensed upon any part of the premises. Beer 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 beer is sold, and no person is permitted to carry or otherwise remove beer from the place where it is sold to any other portion of the premises. Except as provided in this chapter, no person shall possess or consume any alcoholic beverages upon the premises where a public dance is being conducted.

(Prior code § 52-0011)

No public dance or public cafe dance may be conducted between the hours of two o'clock a.m. and eight o'clock a.m. of any day, provided that it shall be lawful for such dances to remain open until the hour of five o'clock a.m. on New Year's Day.

(Prior code § 52-0012)

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 eating establishment dance.

(Amended during 5-08 supplement; prior code § 52-0013)

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 individual or group of dances.

(Prior code § 52-0014)

No person conducting a public dance shall permit the issuance of any pass out check or other return privilege to any person under the age of twenty-one (21) years, and such persons leaving the dance hall and its anterooms, unless accompanied by a peace officer, the public chaperon, or the operator of the dance or one of his/her employees, shall not be re-admitted thereto except upon the payment of regular admission.

(Prior code § 52-0015)

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 and pass out checks shall be deemed to refer and apply to admission to the resort and not to the dance pavilion itself.

(Prior code § 52-0016)

No person conducting a public dance or public eating establishment 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.

(Amended during 5-08 supplement; prior code § 52-0018)

Any license issued hereunder may be revoked by the 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, where, after hearing (of which the licensee shall be given at least five days written notice), it appears from testimony and evidence adduced thereat, that the conduct of any dance under such license has been, or in the future is likely to be, a menace to the public health, safety, or morals, or a public misrepresentation of any material fact, that the licensee is a person of bad moral character, or that the licensee has violated any of the provisions of this chapter.

(Prior code § 52-0020)