La Puente Municipal Code Ch. 5.22 Dances

Sections:

• 5.22.010 Effect of adult entertainment regulations.

• 5.22.020 Permit required.

• 5.22.030 Definitions.

• 5.22.040 Exemptions.

• 5.22.050 Additional information required for application.

• 5.22.060 Permit for special dance.

• 5.22.070 Additional criteria for issuance or denial of permit.

• 5.22.080 Authorization of location.

• 5.22.090 Operating requirements.

• 5.22.100 Manager or dance promoter’s permit.

• 5.22.110 Additional grounds for modification, revocation or suspension.

Any permittee who causes or allows to be caused any entertainment which falls within any of the categories of “adult entertainment business,” as defined in Section 5.12.020 of this title, shall immediately have his or her dance permit revoked. No private, public, special or teenage dance shall occur at the establishment where the permittee was to conduct the dance, and the former permittee or owner or operator of the establishment must apply for and receive all permits required under Chapter 5.12 of this title before continuing any operation which falls within the definition of “adult entertainment business” as defined in Section 5.12.020 of this title.

(Ord. 788 § 5 (part), 1999)

No person shall promote, engage in, conduct or carry on the business of operating a private dance, public dance, special dance or teenage dance without a permit issued pursuant to Chapter 5.08 of this title. If any of the provisions of Chapter 5.08 of this title conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. 788 § 5 (part), 1999)

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

“Dance promoter” means an individual or organization who uses the facilities of another owner to organize, oversee, or otherwise promote a private dance, public dance, special dance or teenage dance. When more than one promoter is involved in promoting one event, they shall decide among themselves which one shall be considered the dance promoter for the purposes of this chapter.

“Dancing school” means an establishment that provides classes or instruction predominantly on dancing.

“Director” means the director of community development or his or her designee.

“Establishment” means a public hall, private hall or dancing school.

“Manager” means any individual designated as responsible for the private dance, public dance, special dance or teenage dance taking place at an establishment and who is employed by the owner or lessor of the establishment allowing the dance.

“Owner” means the owner of the establishment where any private dance, public dance, special dance or teenage dance is held.

“Permittee” means any person with a permit to hold a private dance, public dance, special dance or teenage dance.

“Person” means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, solicitor, or other similar representative thereof.

“Private dance” means recreational dancing that occurs at a private dance hall.

“Private dance hall” means a business establishment that provides recreational dancing facilities, either as its main purpose, or as an incident thereto, for its members or their bona fide guests.

“Public dance” means recreational dancing that occurs at a public dance hall.

“Public dance hall” means a business establishment that is open to the public and that provides recreational dancing facilities, either as its main purpose or as an incident thereto, for members of the public.

“Recreational dance” or “recreational dancing” means dancing for purposes of amusement or diversion. “Recreational dancing” includes, but is not limited to, social dancing and does not include a dance performance for purposes of entertaining an audience.

“Special dance” means an individual public dance or private dance conducted by any person, dancing club, dancing school or association of persons, dancing clubs or dancing schools, which dance, if authorized, will result in not more than three such dances being held by such person or group in any three month period.

“Teenage dance” means a recreational dance held at a private dance hall or a public dance hall for minors between the ages of thirteen and nineteen years of age to which no person twenty-one years of age or over, or under thirteen years of age, is admitted as a participant.

(Ord. 788 § 5 (part), 1999)

The director may grant a dance permit without a fee where such dance is conducted by a bona fide charitable, religious, benevolent, patriotic or education organization or other nonprofit organization. No more than three such dances may be conducted in a three-month period.

(Ord. 788 § 5 (part), 1999)

(a) In addition to the information required in Section 5.08.030(a) of this title, an applicant for a dance permit shall furnish the following information:

(1) The address of the establishment for which the permit is desired or in which any dance is to be or dances are to be held;

(2) The names and addresses of the persons who have authority or control over the location for which the permit is requested, and a brief statement of the nature and extent of their authority or control;

(3) The names and addresses of each of the owners of the premises upon which the permitted activity is to be conducted, if the applicant is leasing such premises from the owners;

(4) The number and date(s) of the dances to be held under the permit and the proposed hours during which each dance is to be conducted; and

(5) Any information pertinent to the operation of the proposed activity, including but not limited to, information as to the management, authority, control, financial agreements and lease arrangements, as the director may require of an applicant, in addition to the other requirements of this section.

(b) Neither the filing of an application for a permit or renewal thereof, nor payment of an application or renewal fee, shall authorize the conducting of a dance until such permit has been granted or renewed.

(c) The applicant or permit holder shall give written notification of any change of information required by this section to the director within five business days after such change.

(Ord. 788 § 5 (part), 1999)

(a) In addition to the information required in Section 5.22.050 of this chapter, the applicant for a business permit to operate a special dance shall:

(1) Specify on the application the number of dances held within the previous three month period immediately preceding the date of the application; and

(2) File the application at least forty-five days before the date upon which the dance is to be held, unless the director shortens that period of time upon a showing of good cause.

(b) A special dance permit may only be issued if no more than three such dances will be held in any three month period. A separate permit must be issued for each special dance and a separate application must be filed for each dance in accordance with the provisions of this chapter.

(Ord. 788 § 5 (part), 1999)

The director shall grant the permit only if he or she finds that there is no reason to deny the permit under Section 5.08.060(b) of this chapter and that all of the following requirements have been met:

(a) The operation of the business or engaging in the activity will not substantially disrupt the peace and quiet of any area in the city;

(b) The operation of the business or engaging in the activity will not substantially impact upon traffic within any area of the city;

(c) The operation of the business or engaging in the activity at the proposed location will not be incompatible with other uses in the vicinity; and

(d) If the application is for renewal of a permit, the applicant has not violated conditions of the previous permit or any ordinances or regulations of the city in the conduct of the business or activity.

(Ord. 788 § 5 (part), 1999)

Any dance permit shall authorize such private dance, public dance, special dance or teenage dance only at the establishment described in the application and only by the person who submits such application. A new permit is required whenever there is a change in location of an establishment required to have a dance permit.

(Ord. 788 § 5 (part), 1999)

(a) Manager on Premises. Any public dance, private dance, special dance or teenage dance shall have a responsible person on the premises to act as manager and supervise employees at all times during which the dance is ongoing. Such manager shall obtain a permit in accordance with the provisions of Chapter 5.34 of this title.

(b) Number of Employees.

(1) Every establishment operating a public, private or special dance which has a capacity of two hundred persons or less shall provide at least two employees in constant attendance during the hours of operation of the public, private or special dance. Such establishment shall provide at least one additional employee for each one hundred person incremental gain in capacity. These employees shall be responsible for keeping order during the hours of operation of the public, private or special dance, and checking the admission of minors, where applicable.

(2) Every establishment operating a teenage dance which has a capacity of fifty persons or less shall provide at least one employee or adult volunteer to be in constant attendance during the hours of operation of the teenage dance. Such establishment shall provide at least one additional employee or adult volunteer for each fifty person incremental gain in capacity. These employees or volunteers shall be responsible for keeping order during the hours of operation of the teenage dance and monitoring the sobriety of the minors in attendance.

(c) Hours of Operation. No dancing may be conducted in a public hall, private hall or dancing school between the hours of two a.m. and six a.m., unless the director grants an exception upon a showing of good cause.

(d) Exits. No dancing shall be permitted in any establishment which does not provide unlocked doors with free and easy egress while patrons are in the establishment.

(e) Lighting. Every establishment shall be lighted throughout to an intensity of not less than three footcandles during all hours of operation.

(f) Parking Lot. Every person operating an establishment who owns, operates or controls any parking lot adjacent to such establishment and used in connection therewith, shall adequately and uniformly light such parking lot to an intensity of not less than two footcandles.

(g) Inspection Authority. Any city official or employee authorized to enforce the provisions of this chapter or this code may conduct an inspection of the establishment permitted under this chapter at any reasonable time to ensure compliance with the provisions of this chapter.

(h) Neighborhood Clean-Up. The owner or permittee of the establishment shall clean up or cause to be cleaned up litter and trash on the residential streets, if any, within a one-block radius of the establishment at least once a week for the period during which one or more events take place.

(i) Complaints. An employee of each owner or permittee shall be appointed to address, during hours of operation, all complaints. The name and phone number of the employee shall be posted adjacent to the business permit and shall be mailed or hand delivered to residences, if any, within a one-block radius of the establishment. The owner or permittee shall make reasonable efforts to address each complaint. The owner or permittee shall keep a log of all complaints and follow-up and shall make the information available to city staff upon request.

(j) Control of Events. The owner or permittee shall retain full control of all events on the property and ensure that any and all conditions of approval are adhered to. All dances, including dances organized by promoters, shall be supervised and managed by employees of the permittee. This shall include all club operations, ticket sales, parking arrangements, advertising and promotion of any dance.

(k) Merchandise Sales. No owner or permittee shall sell merchandise except inside the establishment.

(l) Open Doors. No door of any establishment may be propped open after six p.m., except for the period during which goods are being delivered to the establishment, and then only if continuously attended by an employee of the owner or permittee.

(m) Security. The owner and/or promoter shall provide and employ uniformed security guards as necessary on-site and at off-site parking locations to address noise, traffic, and safety concerns. A security plan shall be submitted for review and approval by the Los Angeles County sheriff’s department.

(n) Readmission to dance. A person shall not readmit into any public dance or public dance hall, any person who has left such dance or dance hall, unless either:

(1) An admission charge not less than the admission charged to patrons entering such public dance or public dance hall for the first time is again paid; or

(2) The permit specifically provides that such readmission may be allowed.

(o) Solicitation of Trade Prohibited. No dancing may be conducted in any establishment where a permit is required at which solicitation of trade is made at or near the entrance thereto, either by personal solicitation or otherwise by means of any device whereby the voice of the person soliciting can be heard at or near such entrance.

(p) Solicitation of Drinks Prohibited at Teenage Dances. No teenage dance may be conducted in an establishment where employees solicit or accept drinks of alcoholic beverages from customers.

(q) Attire of Customers and Employees. No person shall enter, be or remain in any establishment, except when specified anatomical areas, as defined in Section 5.12.020(n) of this title, are completely covered and not visible to the human eye.

(r) Intoxicated Persons Prohibited at Teenage Dances. No person who is in an intoxicated condition or under the influence of any drug shall appear in or be in any establishment holding a teenage dance. A person who conducts or assists in conducting a teenage dance in any such establishment shall not permit any intoxicated person or person under the influence of any drug to appear, be, or remain at such place.

(s) Joint Responsibility for Violations and Noise Control. Violations of paragraphs (h), (i), (j), (k), (l), and (m) and violations of the noise ordinance set forth in Chapter 4.34 of this code by either the owner or the permittee, or both, shall be grounds for revocation of the owner’s permit and the promoter’s permit.

(Ord. 788 § 5 (part), 1999)

A manager and an entertainment promoter must obtain permits issued pursuant to Chapter 5.34 of this title. A dance promoter must obtain a separate permit for each establishment and each dance he or she promotes.

(Ord. 788 § 5 (part), 1999)

(a) In addition to the grounds set forth in Section 5.08.110(b) of this title, any permit issued pursuant to this chapter may be modified, suspended or revoked if the permittee violates any of the provisions of this chapter on two separate occasions within a twelve-month period;

(b) The failure of a manager or dance promoter to obtain a permit for any dance or establishment is grounds for revocation of the dance permit of the establishment where the dance took place.

(Ord. 788 § 5 (part), 1999)