La Quinta Municipal Code Ch. 5.12 Dances

In this chapter, unless another meaning is clearly apparent from the context:

"Club dance" means any dance held by a dancing club.

"Dancing club" means any club or association of persons which conducts dances (other than public dances for its members or bona fide guests) more often than once per month at which a fee is charged, either for admission to the dance or for dancing therein, or at which any collection or donation of money is made or received, or in which the amount of dues to be paid by each member is dependent upon attendance at such dances by such members.

"Public dance" means a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose for the gathering or as an incident to some other purpose, and to which premises the public is admitted.

"Public dance hall" means a place where dancing is conducted, whether for profit or not for profit, and to which the public is admitted, either with or without charge or at which the public is allowed to participate in the dancing, either with or without charge.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

No person shall conduct, manage, carry on, allow or participate in dancing at any dancing club, public dance or public dance hall between the hours of 2:00 a.m. and 8:00 a.m.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

No person, whether as principal, agent, employee or otherwise, shall conduct, manage, carry on, or participate in any dancing club, dancing school, studio, public dance or public dance hall unless by authority of a permit from the city manager.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

It is unlawful to conduct or manage or carry on any dancing club, public dance, or public dance club or hall in the city under any permit issued under this chapter while the permit is in a state of suspension or while any suspension or revocation with respect to the permit continues to exist; and it is unlawful for any person to participate in any such dance.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

The issuance of any permit or temporary permit shall not be deemed to permit any violation of law or ordinance or rule prescribed pursuant to Sections 5.12.250 and 5.12.260.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

The permit shall be conspicuously posted upon the premises referred to therein, during the term thereof.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

No permit or temporary permit shall be issued under this chapter unless and until it appears and is determined by the city manager, in his or her discretion, that the conduct of the dance hall, dancing club, or public dance will comport with and not prejudice or work to the disadvantage or injury or harm of the public peace, safety, morals, health or welfare, and that the applicant will, for the term of the permit, have in force and effect adequate insurance to protect the public and the city with regard to reasonably foreseeable accidents and other liability, and the city manager and other city departments, in acting upon any such application, shall consider any and all facts and evidence pertinent, relevant or material with respect thereto and require such conditions to permit issuance as the city manager deems necessary including making the permit conditional upon the attendance of a special police or fire officer or officers, appointed under Sections 5.12.270 through 5.12.290.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

Permits to conduct dancing clubs, dancing schools, studios, public dances or public dance halls may be issued or renewed by the city manager upon the written application of any person for him or herself or on behalf of any other person, and payment of the required charges.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

Every such permit shall expire on September 30th following the date of issuance.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

Every such application shall be filed with the city manager, and at the time of filing the applicant shall submit a payment in such amount as has been prescribed by resolution of the city council, to defray the expense of investigation and processing.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

There shall be no charge or fee for investigation where dances are proposed to be held by charitable, memorial, fraternal or labor associations, student bodies of schools or the proposed dances are in connection with patriotic or holiday celebrations or festivals, where such dances are casual and for one (1) such occasion only and are not conducted more often than once per month.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

Every such written application for a permit shall be presented to the city manager and shall set forth the following facts:

A. Applicant. The name and residence of the applicant or applicants, and if any applicants are a firm, association, corporation or club, the names and residences of the partners, officers, directors, managers and of all employees who will be in charge of the dancing club, public dance, or public dance hall;

B. Location. The place for which the permit is desired or in which any dance or dances are proposed to be held;

C. Time of Dances. The number and dates of the dances proposed to be held;

D. Police. Whether a special police officer pursuant to Sections 5.12.270 through 5.12.290 is desired for the dance or dances, and will be present at times dancing is conducted, carried on or allowed.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

Upon filing of each application, it shall be referred by the city manager to departments designated by the city manager for investigation and report.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

The departments so designated shall make a thorough investigation as required for the protection of the public peace, health, safety and general welfare, and may require the submission of additional information by the applicant as is necessary to the investigation.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

Thereafter, and within five (5) business days from referral of the application, each department designated shall report its findings and conclusions and make recommendations concerning the application.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

After receiving the reports as provided for in Section 5.12.170, the city manager may make such further investigations as he deems proper or advisable in the interest of the public peace, health, safety and general welfare, and within thirty (30) days from the filing of the application shall either approve, conditionally approve or deny the application according to the requirements of the public peace, health, safety or general welfare. Should the city manager fail to act within said time, the application shall be deemed denied. At any time after the application is filed, however, and pending complete processing thereof, the city manager may issue a temporary permit upon stated terms and conditions, including a fixed expiration date or indefinite period subject to termination on notice, so long as the city manager tentatively determines that the temporary permit for the activity desired to be held will comport with and not prejudice nor work to the disadvantage or injury of the public peace, safety, morals, health or welfare.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

The city manager may at any time temporarily suspend any permit issued under this chapter, or may require the attendance of a special police officer during all or certain times dancing is conducted, carried on or allowed, as a condition to the continued exercise of the permit, when he or she finds and determines that the public peace, safety, morals, health or welfare require or will be promoted or best served by such suspension or special police officer attendance.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

The service of any notices or orders pursuant to this chapter shall be served in accordance with Section 1.01.300 of this code.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

The holder of any permit, suspended permit or revoked permit shall be afforded an opportunity to be heard and to present evidence on his or her behalf at an appeal hearing before the city manager held in accordance with Sections 2.08.180 through 2.08.230 of this code.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

Upon hearing held by the city manager, and adjournments and continuances thereof upon the notice, the city manager may revoke, suspend, further suspend or apply conditions to the further exercise of any permit issued under this chapter because of anything done or omitted by the permittee, his or her agents or employees or the patrons of his or her establishment upon the premises involved contrary to the provisions of any applicable state law, or of this chapter or any ordinance of the city, or of the rules prescribed by the city manager pursuant to Sections 5.12.230 and 5.12.240, or when the public peace, safety, morals, health or welfare require or will be promoted or best served by any such action.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

The city manager may make rules and regulations governing dancing clubs, public dances, or public dance halls within this city which shall govern and apply to all permittees under this chapter.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

Any person conducting, managing, or carrying on any dancing club, public dance or public dance hall shall have the right to apply to the city manager for appointment of a special police officer or officers of the city to be present and in attendance at the dancing club, public dance or public dance hall during all times that dancing is conducted, carried on or allowed therein, for the purpose of preserving order and preventing any violation of any law of the state, or any ordinance of the city, or any rule prescribed under Sections 5.12.230 and 5.12.240.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

The city manager may require the presence and attendance of a special police officer or officers, or also a special fire officer or officers in accordance with the provisions of the Uniform Fire Code relating to standby firemen at places of public assembly, any of which requirements may be prescribed as a condition or conditions to the exercise of any permit, long term or temporary, as provided for in this chapter. In such event, the permit shall be effective only during the attendance of the police and/or fire officer or officers.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

A. Fees. The expense of any such special officer or officers so appointed for such attendance shall be paid by the person so conducting, managing, or carrying on any dancing club, public dance, or public dance hall in accordance with such schedule of fees for such services as may be found to be reasonable and established by the chief of police or the fire chief, as the case may be.

B. Payment shall be made to the county sheriff's department and/or county fire department for the expense of the special officer(s) in the manner and on the dates prescribed by those county departments.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)

Any person aggrieved by any decision of the city manager with respect to denial or issuance of any permit, conditions attached thereto, or any other administrative action taken pursuant to the terms of this chapter, may appeal to the city council pursuant to Sections 2.04.100 through 2.04.130 of this code.

(Ord. 526 § 2, 2015; Ord. 10 § 1, 1982)