Livingston Municipal Code Ch. 12 Dances

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADJACENT. Refers to any property or building within 100 feet of the premises in which the public dance is proposed to be held as measured from the outside wall of the premises closest to such other property or building.

ALCOHOLIC BEVERAGE Means the same as that phrase as defined in Cal. Business and Professions Code § 23004.

NUMBER TO ATTEND. The number of persons “reasonably expected to attend” a public dance shall be determined by an authorized city employee based upon information contained in the permit application, information derived from the Police Department’s investigation, information contained in other city records, and past experience with a similar type dance or dances within the city and/or Merced County.

PERSON AND PERMIT HOLDER. Means and includes natural persons of both sexes, partnerships, joint ventures, corporations, associations, trusts, and any other business entity or social organization.

PUBLIC DANCE. Any dance to which the public generally may gain admission with or without the payment of a fee or compensation therefor. The term shall also include any private party at which over 100 persons can be reasonably expected to attend as determined by the City Manager.

SECURITY OFFICER. Any active or reserve peace officer certified by the California Commission on Police Officer Standards and Training or a security officer properly bonded and licensed by the state and approved by the Chief of Police.

(Ord. 284, passed 6-13-1985)

It shall be unlawful for any person to hold or conduct a public dance at any place within the city or to permit or allow dancing in any place of business conducted by him or her within the city without a valid and unsuspended dance permit.

(Ord. 284, passed 6-13-1985)

(A) Every person desiring to hold or conduct a public dance and every person desiring to permit or allow dancing in his or her place of business, shall make written application to the City Manager upon a form provided by the city. The permit for holding or conducting a dance shall be for holding or conducting one dance on a particular day or night. A dance permit to permit or allow dancing in a place of business shall expire on June 30 following the date of issuance, unless a sooner date or shorter period of time is provided for in the City Council resolution setting permit fees under § 3-12-8 of this chapter.

(B) No permit shall be issued if the premises where the dance is proposed to be held is not in compliance with all applicable building, electrical, fire and safety codes.

(C) A permit must be applied for at least one week in advance of the dance.

(Ord. 284, passed 6-13-1985)

(A) Upon receipt of such application, the City Manager shall direct the Police Department to conduct an investigation of the applicant and all other relevant matters pertaining to the application.

(B) If the City Manager finds that the premises for which the permit is desired are not adjacent to a hotel or lodging house or residence or if adjacent to a hotel or lodging house, or residence, if the premises are sufficiently soundproof so that the persons living in adjacent residences or patrons of the hotel and lodging house will not be disturbed, and if the City Manager is satisfied that the public peace, safety, health and general welfare will not be endangered or jeopardized by the issuance of the dance permit, then the City Manager shall, upon the payment of the required fees and litter cleanup deposit, issue such permit.

(C) In the event the City Manager refuses to issue a dance permit, the applicant may appeal in writing to the City Council within five calendar days of the City Manager’s decision. The City Council shall hear the matter including the application and the reason for refusing it at its next regular or special meeting, and may either grant the permit or refuse the permit if in its discretion it finds that the applicant, the application or the premises in which it is proposed to hold said dance do not comply with this chapter.

(Ord. 284, passed 6-13-1985)

(A) The holder of the permit or a responsible person designated by the permit holder must at all times be present within the premises in which the dance is held.

(B) In addition to the above requirement, the permit holder, except annual or quarterly permit holders, shall furnish at his or her expense, at least the minimum number of security officers required by the City Manager. The City Manager may require a minimum of two security officers for each 100 persons which can be reasonably expected to attend the dance. A minimum of one security officer shall be required at every dance, except quarterly or annual dance permits. Security responsibility for all quarterly and annual dance permits shall be the responsibility of the permit holder.

(Ord. 284, passed 6-13-1985)

All permits for public dances shall be in writing and issued and signed by the City Manager and shall set forth, among other things, the following:

(A) The name of the person to whom the permit is issued;

(B) The location of the premises upon which the dance is to be permitted;

(C) The location of the dance area(s), which area(s) shall be designated on a floor plan of the premises submitted with the application;

(D) The minimum number of security officers which must be provided at the permit holder’s expense and the name or names of the approved security officers or of the security business or firm which will provide the required security officers;

(E) Whether alcoholic beverages can be served at the dance subject to obtaining the required permit from the California State Alcoholic Beverage Control (“ABC”) Board and that such ABC permit must be obtained before serving any alcoholic beverages;

(F) That all dancing and music shall cease at 1:30 a.m. unless a different time is authorized by resolution of the City Council;

(G) That no minors shall be permitted on the dance floor in any premises containing a business primarily engaged in the sale of alcoholic beverages;

(H) That all state laws and regulations or city ordinances and regulations shall be observed throughout the time the premises are open for dancing;

(I) That the permit holder shall comply with all of the requirements of § 3-12-9 of this chapter regarding litter cleanup;

(J) Such other conditions as may be reasonably imposed by the City Manager to ensure that the public peace, safety, health or general welfare will not be endangered or jeopardized by the issuance of the dance permit; and

(K) The grounds for revocation of the permit.

(Ord. 284, passed 6-13-1985)

Dancing shall not be permitted between the hours of 1:30 a.m. and 12:00 p.m. (noon) of any day. By resolution, the City Council may establish different hours.

(Ord. 284, passed 6-13-1985)

(A) The following fees shall be imposed and collected for all dance permits:

(B) Fees for annual dance permits may be paid quarterly on July 1, October 1, January 1 and April 1 of each year. If the due date falls on a Saturday or Sunday, fees will be due and payable the next working day. Persons holding an annual dance permit will also be allowed “jukebox” dancing at no additional fee.

(Ord. 460, passed 10-15-1996)

(A) Cleanup of premises. Each permit holder shall be required to clean up all litter outside of the dance premises, including all adjoining public sidewalks, streets, and alleys and adjoining private property, within seven hours after each dance held by the permit holder ends, but under no circumstances later than 8:00 a.m.

(B) Dances, litter cleanup, litter cleanup deposit.

1. Unless a deposit or statement of liability is made by the owner of the property and the facility owner has signed a waiver form accepting responsibility described in subsection (B)2. of this section, each permit holder shall be required to deposit with the city a litter cleanup deposit as security for the performance by the permit holder of his or her obligations under subsection (A) of this section. If the permit holder fails to perform those obligations, the city can use the security deposit, or any portion of it, to reimburse the city for the city’s costs in performing those cleanup tasks. If the permit holder has an annual or quarterly permit, the permit holder shall, immediately upon demand, pay to the city a sum equal to the portion of the security deposit expended by the city as provided in this section so as to maintain the security deposit in the sum initially deposited with the city. For any other permit holder who is not in default or in violation of any requirement under this section, the city shall return the security deposit to such permit holder upon expiration of the permit. The city’s obligations with respect to the security deposit are those of a debtor and not a trustee. The city can commingle the security deposit with the city’s general or other funds. The city shall not be required to pay the permit holder interest on the security deposit.

2. Every owner of a premises who regularly rents or licenses the premises to others for a fee so that such renters or licensees can hold public dances therein shall be required to deposit with the city a litter cleanup deposit or provide the city with a signed statement of liability stating the facility owner assumes liability as security for the performance by all permit holders using such premises of their obligations under subsection (A) of this section. If a statement of liability is used, and the facility owner fails to meet his or her obligations under subsection (A) of this section, the facility owner will be billed to reimburse the city for the cost of the cleanup, and the facility owner will be required to pay the litter cleanup deposit in the future. This obligation is placed upon the premises’ owner because in most instances the dance permits issued for such premises are for only one day or evening.

3. The amounts of the security deposits required by this section shall be fixed and established from time to time by resolution of the City Council.

(Ord. 284, passed 6-13-1985; Ord. 356, passed 11-15-1988; Ord. 431, passed 3-1-1994)

(A) Three day suspension. A dance permit may be suspended for up to three days by the City Manager, Chief of Police or police lieutenant when any such city employee finds a violation under subsection (B)2. or (B)3. of this section or finds that suspension of the dance permit is necessary to immediately preserve the public peace, safety, health or general welfare.

(B) Grounds for suspension or revocation. The City Manager may suspend or revoke a dance permit on any one or more of the following grounds:

1. Negligent or intentional misrepresentation by the permit holder in obtaining the dance permit;

2. Violation of any condition of the permit, including, but not limited to, those set forth in § 3-12-6 of this chapter;

3. Violation of any state law or regulation of any city ordinance or regulation; and

4. To preserve the public peace, safety, health or general welfare if there has been a change in the circumstances since granting the permit.

(C) Hearing. Under subsection (B) of this section, if the City Manager finds a violation under subsection (B)2. or (B)3. of this section, then he or she may immediately suspend the dance permit. The City Manager shall then hold a hearing within 15 calendar days of the immediate suspension date to determine whether the dance permit should be restored, remain suspended or revoked. The permit holder shall be given at least five days’ prior notice of such a hearing. During the hearing, the permit holder will be given the opportunity to present evidence on his or her behalf and to rebut any evidence presented by the city, and to be represented by an attorney or other representative of his or her choice. The City Manager’s decision shall be final unless appealed in writing to the City Council within ten calendar days of the City Manager’s decision. Unless determined otherwise by the City Manager, the dance permit shall continue to be suspended pending the appeal to the City Council. The City Council shall hear the matter within 30 calendar days of the date of receipt of the appeal of the City Manager’s decision.

(D) Reapplication. A person whose dance permit has been revoked may not reapply for another dance permit for a period of one year from the date his or her permit was revoked.

(Ord. 284, passed 6-13-1985)

Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in procuring the permit herein, shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable by a fine not to exceed $500 for any one offense, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(Ord. 284, passed 6-13-1985)