Lemoore Municipal Code Art. C Public Dances

When used in this Article, the following words and terms shall have the meanings ascribed to them in this Section:

PUBLIC DANCE: Any dance to which the public generally may gain admission with or without the payment of a fee therefor.

PUBLIC DANCE HALL: Includes any hall, room, platform, pavilion, building, restaurant, cafe or refreshment place or other place of business which is resorted to by the public at large for the purpose of engaging in or carrying on the pastime of dancing; provided, that nothing herein contained shall be construed to require any permit for the maintenance of a bona fide school of instruction in the pastime of dancing. (1975 Code §7-2.01)

It shall be unlawful for any person to open, conduct or carry on or to participate in the opening, conducting or carrying on of a public dance room or public ballroom in the City without having a valid and existing license or permit so to do, granted as hereinafter specified; and it shall be unlawful for the holder of any such permit or any officer, agent or employee to violate or permit a violation of all or any of the rules and regulations or any part thereof at and in connection with any dance under such permit, which rules and regulations are set forth and contained in Section 3-4C-7 of this Article. (1975 Code §7-2.02)

It shall be unlawful for any person to give or hold, conduct or manage or operate a public dance within the City except at a place or premises for which a license or permit has been issued and is in force and effect as specified in this Article. (1975 Code §7-2.03)

No permit shall be issued to any person, firm, corporation or association unless such person, firm, corporation or association and all and singular the officers thereof be of a good moral character, nor unless a written verified application therefor is presented to the City Clerk showing the following facts:

A. The name and residence of the applicant or applicants; and if any applicant be a firm, the names and residences of the partners thereof; and if the applicant be an association, the names and residences of the officers thereof; and if the applicant be a corporation, the names and residences of the officers and directors thereof.

B. The particular place for which the permit is desired or at which any dance is to be or dances are to be held.

C. The name of the owner of the place or premises in or at which said dance is to be or dances are to be held.

D. Such persons as from time to time will be in charge and who will be responsible for the order and due observance of the provisions of this Article.

E. The number and date of dances to be held under the permit, or the length of time for which the permit is desired which shall not in any event be for a longer period than three (3) months.

F. A statement that the applicant is the sole party, or the applicants are the sole parties, either directly or indirectly interested in the dance or dance hall premises for which a permit is sought, and that no other person is or will be in any manner interested therein, directly or indirectly, during the continuance of the permit.

G. A covenant and promise by the applicant to comply with the terms of this Article and in particular the provisions of Section 3-4C-7 hereof, and to consent to the entry by police officers upon the premises at which the dance is held, and permission to cause the dance hall to be vacated in event said Section 3-4C-7 is violated. (1975 Code §7-2.05)

Upon the receipt of such application by the City Clerk, the same shall be referred to the Chief of Police for investigation and report, and if the Chief of Police, after investigation, determines and so reports that the applicants therefor are of good moral character, that the premises for which a permit is sought complies with and conforms to this Article and any other law, ordinance, health or fire regulation applicable thereto, and is properly ventilated and supplied with separate and sufficient toilet conveniences for each sex within the building in which the dance hall is located, with no entrance thereto or exit therefrom except through the dance hall, and is a safe and proper place for the purpose for which it shall be used, the City Clerk shall, upon the payment of the fee hereinafter specified, issue such permit; provided, however, that in the event of a refusal by the City Clerk to issue such permit, the applicant therefor may appeal in writing to the City Council, which shall hear the matter, including the application and the reason for refusing it at its next meeting, regular or special, and may either grant said permit or refuse the same if it finds that the applicant or the premises at which it is proposed to hold said dances does not comply with this Article. (1975 Code §7-2.06)

The license fee for such permit shall be the sum of ten dollars ($10.00) per quarter 1 . At the expiration of any permit by the lapse of time, it may be renewed by the filing of an application therefor with the City Clerk, without any investigation by the Chief of Police, and upon the payment of the license fee in advance. (1975 Code §7-2.07)

In addition to the quarterly license fee, the applicant for a permit or the holder thereof shall deposit with the City Clerk each week a sufficient sum of money to pay the compensation of the special officer for one week at the rate and in the manner specified in subsection 3-4C-7C2 of this Article. Failure to make such deposit and to keep the same intact shall, without notice or action by any department of the City, operate to suspend the permit and to make the holding of dances thereunder illegal until it shall have been made or restored. (1975 Code §7-2.08)

It shall be unlawful to open, conduct, carry on, manage or operate a public dance or to dance in a public dance hall or ballroom in violation of the following rules and regulations:

A. Prohibited Acts and Conditions:

1. Obscene Dancing: No immoral or obscene dancing shall be permitted.

2. Intoxicated Persons: No person under the influence of intoxicating liquor shall be allowed to remain at any public dance.

3. Jitney Dances: No jitney dance shall be allowed or permitted. The term "jitney dance" is defined to be a dance where a separate charge or fee is imposed for single or individual dances.

4. Furnishing Partners: No owner or manager of a dance hall shall undertake to furnish females for dancing partners.

B. Closing Hours: No dancing shall be permitted between the hours of two o'clock (2: 00) A.M. and ten o'clock (10:00) A.M. of the same day.

C. Police Officers:

1. Free Admittance; Enforcement Duties: Any member of the Police Department of the City shall be admitted free of charge to any public dance hall, and shall have the power and duty to enforce the terms of this Article.

2. Special Police Officer: The Chief of Police may require at any public dance held within the City, the presence of a special police officer appointed by the Chief of Police and serving at a compensation to be fixed by the City Council which shall be paid by the owner or manager 1 . (1975 Code §7-2.04)

No person under the age of sixteen (16) years, unaccompanied by parent or guardian, shall attend any public dance or dance hall or loiter at or near the doors of any public dance within the City while a public dance is being conducted therein, and it shall be unlawful for any person or persons in charge of or conducting such public dance or dance hall to permit any person under the age of sixteen (16) years, unaccompanied by parent or guardian, to enter any public dance hall, or engage in dancing in such place where a public dance is being conducted, or to loiter at or near the doors of any public dance hall while a public dance is being conducted therein; and provided further, that no person under the age of twenty one (21) years shall attend any public dance where alcoholic beverages are sold or consumed and it shall be unlawful for any person conducting such a dance to permit any person under the age of twenty one (21) years to enter such place. (1975 Code §7-2.10)

A permit issued to any person to hold a public dance may be revoked by the Council upon five (5) days' notice to the holder thereof for violation of any of the provisions of this Article, or any other ordinance or law relating to such place, or the rules or regulations promulgated hereunder. If at any time the permit of any person shall be so revoked, no new permit shall be granted to such person or any person who was an agent or employee of such ... (might be material missing, see section 7-2.09 of 1975 Code) ... violation, or at the time of the application for a new permit. (1975 Code §7-2.09)

Nothing in this Article shall be deemed to apply to any dance, the income of which over and above a sufficient sum is pro rated among the persons present to pay the actual expenses of conducting the dance. (1975 Code §7-2.01)

Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment in the County jail not to exceed three (3) months or both such fine and imprisonment. The penal provisions of this Article shall not be construed to abridge the right of the City Council or any of the citizens of the City to invoke and pursue any other proper remedy including injunction or abatement proceedings. (1975 Code §7-2.11)