La Mesa Municipal Code Ch. 6.16 Dances

For the purpose of this chapter certain words and terms are defined as follows:

ALCOHOLIC BEVERAGE means alcoholic beverage, or beverages, as that term is defined in the alcoholic beverage control act (business and professions code, Division 9, i.e., Sections 23000-).

PUBLIC DANCE is any such dance held or given in any place not a private residence or home.

PUBLIC DANCE HALL is defined as any room, place, or space, excepting a private residence or home, where dancing is carried on or permitted.

(Ord. 654 § 1; September 27, 1955)

It is unlawful for any person, firm or corporation to carry on, maintain or conduct any public dance hall or public dance as hereinbefore defined in any incorporated area of this city, except in accordance with the terms of this chapter and after obtaining a license therefor as provided herein.

(Ord. 654 § 2 (part); September 27, 1955)

No person or persons owning, having in their charge or under their control, any hall, room, or place shall permit or allow any public dance in said room, hall or place until a city license therefor shall have been granted in the manner provided in this chapter.

(Ord. 654 § 2 (part); September 27, 1955)

No license issued pursuant to the terms of this chapter shall authorize the conducting, operating or carrying on of the licensed business save at a single location and upon individual premises in said license described.

(Ord. 654 § 2 (part); September 27, 1955)

No license issued pursuant to the terms of this chapter shall be assignable or transferable.

(Ord. 654, § 2 (part); September 27, 1955)

It shall be unlawful for any person, firm or corporation as principal, agent or otherwise to carry-on, or conduct, or assist in the carrying-on, maintenance or conducting of any public dance hall or dance in connection with any business or place wherein alcoholic beverages are sold or served, in any room, place or space which does not contain floor space allotted to dancing of at least one hundred fifty square feet.

(Ord. 654, § 3, as amended by Ord. 1273; November 21, 1961)

For the licensing purposes of this chapter, premises or establishments whereon or wherein any public dance hall or public dance, within the meaning of this chapter, is maintained, conducted, carried-on or permitted, are hereby classified and required to be licensed as follows:

(a) A Class "A" license shall be required where there is daily or nightly dancing.

(b) A Class "B" license shall be required where there is dancing not to exceed three days or nights in any calendar week.

(c) A Class "C" license shall be required when dancing is conducted one night or one day only.

(d) A Class "D" license shall be required where dancing is conducted in a bona fide club for club members and their guests, the term "club" as used herein being defined as meaning and including only corporations or associations created by competent authority, which are the owners, lessees or occupants of premises operated solely for objects of national, social, fraternal, patriotic, political or athletic nature, membership in which is by application, and for which regular dues are charged, and the advantages of which said club belong to all members and the operation of which is not primarily for pecuniary gain.

(Ord. 654, § 4; September 27, 1955)

All applications for licenses to be issued hereunder shall be made to the Director of Finance and shall be accompanied by the payment of the application fee required for the class of license applied for.

(Ord. 654, § 5; September 27, 1955)

Immediately upon receipt of any application for a license under the terms of this chapter, one copy of such application shall be delivered by the Director of Finance to the Chief of Police, who shall proceed to investigate the truth of the matters set forth in said application, the character of the applicant, the character of the persons to have direct management of the premises, the character of the premises proposed to be licensed, the propriety of the use of such premises for the conduct of the business proposed to be licensed and the general sentiment, regarding conduct of said business, of the private residents in the immediate vicinity of the premises proposed to be licensed.

(Ord. 654, § 7; September 27, 1955)

Within fifteen days after the receipt of any such application, the Chief of Police shall file with the City Manager a report in writing concerning the result of his investigation and shall specifically recommend to the City Manager the allowance or disallowance of the license applied for.

(Ord. 654, § 8; September 27, 1955)

The city manager shall, after receipt of the recommendation of the chief of police, allow or disallow the license applied for.

(Ord. 654 § 9 (part); September 27, 1955)

The city manager shall have the power to deny any application if it shall appear that the applicant, or the person to have the direct management of the premises, is not a suitable or proper person to carry on the business for which the license is sought, or if the premises proposed to be used in the conduct of the business to be licensed shall be deemed not to be a suitable or proper place therefor, or if the protests and objections of private residents in the immediate vicinity of the premises proposed to be licensed, or if the health, welfare or public morals of the community warrant such denial.

(Ord. 654 § 9 (part); September 27, 1955)

In the event the city manager denies a license, the applicant may appeal such denial, which petition shall be heard by the city council at the next regular council meeting held not less than four days after such petition is filed.

(Ord. 654 § 9 (part); September 27, 1955)

All Class A, Class B and Class D licenses shall expire on the thirty-first day of December of the year in which they are issued.

(Ord. 654 § 9 (part); September 27, 1955)

The fees to be paid upon the filing of an application shall be established by city council resolution.

(Ord. 654 § 10 (part); September 27, 1955: Ord. 2459 § 3; August 11, 1987)

If a Class A license is granted, a license fee as established by city council resolution shall be paid in addition to the above application fee.

(Ord. 2164; September 7, 1978: Ord. 2459 § 3; August 11, 1987)

If a Class B license is granted, a license fee as established by city council resolution shall be paid in addition to the above application fee.

(Ord. 2164; September 7, 1978: Ord. 2459 § 3; August 11, 1987)

If a Class C or D license is granted, a license fee as established by city council resolution shall be paid in addition to the above application fee.

(Ord. 2164; September 7, 1978: Ord. 2459 § 3; August 11, 1987)

Such license fees shall be paid prior to the final issuance of a license.

(Ord. 654 § 10 (part); September 27, 1955)

The chief of police shall inspect all places licensed hereunder as often as he may deem necessary.

(Ord. 654 § 11 (part); September 27, 1955)

The chief of police shall investigate all complaints, and he is hereby authorized temporarily to suspend any license issued under the provisions of this chapter in the event that any public dance hall or public dance licensed thereby is being conducted in violation of any law or ordinance.

(Ord. 654 § 11 (part); September 27, 1955)

Such temporary suspension shall expire at the end of five days unless the chief of police shall have filed written charges with the city council of the city of La Mesa.

(Ord. 654 § 11 (part); September 27, 1955)

Upon an investigation of such charges, the city council shall have power, by resolution, to revoke the suspension made by the chief of police, to suspend the license for such further period as it may deem proper, or to revoke and annul such license.

(Ord. 654 § 11 (part); September 27, 1955)

For any violation of the provisions of this chapter, or for any cause by it deemed sufficient, the city council may at any time, by resolution, suspend or revoke any license issued under the terms of this chapter.

(Ord. 654 § 12; September 27, 1955)

In the event that any licensee shall desire to change the individual designated in the license as the person to have direct management of the licensed premises, he shall forthwith notify the chief of police, proposing the name of the person to be substituted in the management and control of the licensed premises. The person so proposed shall be investigated by the chief of police and if such person is of satisfactory character, the chief of police may consent to such change; in the event that such person be not of satisfactory character, the license may be suspended by the chief of police in his discretion pending the proposal of some other person of satisfactory character. The chief of police shall report any such change to the city manager.

(Ord. 654 §§ 13 and 14 (part); September 27, 1955)

It is unlawful for the owner, proprietor, manager or person in charge of any place, licensed under the provisions of this chapter, or for any employee of such place, to harbor, admit, receive, or permit to be on or remain in or about such place, any intoxicated or boisterous person, or any person whose presence or conduct tends to corrupt the morals of any other person present, or whose conduct or presence tends to create a violation of any of the provisions of this chapter.

(Ord. 654 § 14 (part); September 27, 1955)

It is unlawful for any person, firm or corporation licensed under the provisions of this chapter to compensate any female employed in or about the licensed premises at a rate determined by a percentage of moneys received or sales made, or to permit any female so employed to be so compensated.

(Ord. 654, § 15 (part); September 27, 1955)

It is unlawful to provide or permit any music, dancing or entertainment in or about any premises licensed under the provisions of this chapter between the hours of two a.m. and eleven a.m.

(Ord. 654, § 16; September 27, 1955)