Los Angeles County Municipal Code Part 2 Licensing Requirements

No person or persons, dancing club, or dancing school shall permit, conduct, operate or assist in conducting or operating any public dance hall, public dance, private dance, youth dance, taxi dance, or special dance unless and until a written license has been obtained from the tax collector.

(Ord. 10217 § 11 (part), 1971: Ord. 9278 § 4 (part), 1967: Ord. 8269 § 4 (part), 1962: Ord. 7462 § 20 (part), 1959: Ord. 7159 § 12 (part), 1957: Ord. 6170 § 12 (part), 1953: Ord. 5860 Ch. 10 Art. 2 § 2021, 1951.)

The fee for a dance license shall be in the amount set forth in Section 7.14.010 of this code, under the appropriate heading.

(Ord. 11209 § 1 (part), 1975: Ord. 10215 § 1 (part), 1971: Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 2 § 2022, 1951.)

The fee required for a Type II adult license for a public or private dance, or for a youth dance or for a special dance at which no alcoholic beverage is sold or consumed, where such dance is conducted by a bona fide charitable, religious, benevolent, patriotic or educational organization, or by the United Service Organization, is in the amount set forth in Section 7.14.010 of this code, under the appropriate heading. Any determination as to the above status of any applicant shall be made by the commission.

(Ord. 11209 § 1 (part), 1975: Ord. 9897 § 10, 1969: Ord. 9278 § 4 (part), 1967: Ord. 8608 § 1 (part), 1964: Ord. 7479 § 1, 1959: Ord. 7462 § 20 (part), 1959: Ord. 7159 § 12 (part), 1957: Ord. 6649 § 1 (part), 1955: Ord. 5860 Ch. 10 Art. 2 § 2023, 1951.)

The commission may grant a license for a special dance without fee if it finds that the entire net proceeds will be devoted to a bona fide charitable or religious purpose.

(Ord. 9897 § 11, 1969: Ord. 5860 Ch. 10 Art. 2 § 2023.5, 1951.)

The application procedure provided for in this chapter shall be followed with regard to licenses sought pursuant to this chapter, and the provisions of Chapter 7.06 of this title shall not apply.

(Ord. 9278 § 4 (part), 1967: Ord. 8608 § 1 (part), 1964: Ord. 8269 § 4, 1962: Ord. 7462 § 20 (part), 1959: Ord. 7159 § 12 (part), 1957: Ord. 6586 § 7 (part), 1954: Ord. 5860 Ch. 10 Art. 2 § 2024, 1951.)

Every person desiring a license pursuant to this chapter shall file an application with and pay the required fee to the tax collector upon a form provided by the tax collector.

(Ord. 88-0126 § 4, 1988: Ord. 9278 § 4 (part), 1967: Ord. 8608 § 1 (part), 1964: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 2 § 2025, 1951.)

Except as otherwise provided herein, an application for license pursuant to the provisions of this chapter shall specify:

A.

The address of the location for which the license is required, together with the business name of such location;

B.

The name and proposed business address of the applicant. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; and the applicant shall also set forth the date and place of incorporation; the names and residence addresses of each of the officers, directors, and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to corporate applicants shall apply;

C.

Whether or not the applicant, or officer, or director, or member or applicant, as the case may be, has ever been convicted of any crime, except misdemeanor traffic violations. In addition to the foregoing, any corporate applicant whose securities have been conditioned by the Commissioner of Corporations pursuant to Section 25508 of the Government Code of California, will state whether or not any stockholder owning more than 10 percent of the stock of such corporation has ever been convicted of any crime, except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the name of the person so convicted, the place and court in which the conviction was obtained, and the sentence imposed as the result of such conviction;

D.

The names and addresses of the persons who have authority or control over the place for which the license is requested, and a brief statement of the nature and extent of such authority or control;

E.

The name and address of each of the owners of the premises upon which the licensed activity is to be conducted, if the applicant is leasing such premises from the owners;

F.

Such 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 tax collector and/or the business license commissioner may require of an applicant, in addition to the other requirements of this section;

G.

The specific type of license for which application is being made;

H.

The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the licensee;

I.

Whether the application is for a new license or for a renewal of an existing license.

(Ord. 88-0126 § 5, 1988: Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 2 § 2026, 1951.)

An applicant for a special dance license, in addition to those items required under Section 7.30.170, shall specify the number of dances held within the previous three-month period immediately preceding the date of the application.

(Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 2 § 2027, 1951.)

If the granting of an application for a license for a special dance, and the granting of any other application by or on behalf of the same person or persons for a special dance upon which application final action has not been taken, and any other license for a special dance already issued to the same person or persons, will result in authorizing a total of not more than three such dances in any three-month period, and only if recommended for approval by those officers and departments set forth in Section 7.30.230, the commission shall instruct the tax collector, upon payment of the required fee, to issue the license. A separate license must be issued for each special dance, and a separate application must be filed in accordance with the provisions in this chapter as a prerequisite to the granting of any such license.

(Ord. 9897 § 12, 1969: Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 2 § 2032, 1951.)

An applicant for a youth dance license, in addition to those items required under Section 7.30.170, shall specify the minimum age of the young people who will be permitted to participate in the dancing.

(Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 2 § 2028, 1951.)

A license shall not be issued for a taxi dance hall if:

A.

The available dancing space is less than 300 square feet; or

B.

Alcoholic beverages are sold or served on the premises.

(Ord. 9947 § 2 (part), 1970: Ord. 5860 Ch. 10 Art. 2 § 2033, 1951.)

Every application for a license under this chapter shall be verified as provided in the California Code of Civil Procedure for the verification of pleadings.

(Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 2 § 2029, 1951.)

The tax collector shall transmit a copy of every license fee referral memorandum for any license under this chapter to the executive assistant of the business license commission for further distribution to the business license commission, to the sheriff, the fire warden and forester, the regional planning commissions, and to such other county departments as the board of supervisors may direct.

(Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 2 § 2030, 1951.)

Every officer and department to which an application is referred may require such additional information pertinent to the activity of an applicant as he deems necessary, and shall advise, in writing, the commission of all material facts which such officer or department considers necessary or advisable for assisting the commission in determining whether a license should be granted or denied, or otherwise conditioned or modified. Such officer or department may also give a recommendation in writing to the commission for the issuance, modification or denial of any license issued under this chapter, and the commission must read and consider any such recommendation in reaching a decision, although such recommendation will in no way be binding upon the commission.

(Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 2 § 2031, 1951.)

Except as otherwise provided in this chapter, the commission shall hold a public hearing on all original applications for licenses required by this chapter, and upon all renewal applications when requested in writing. All hearings shall be conducted in accordance with the provisions of Division 1 of this title.

(Ord. 9431 § 2 (part), 1967: Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 3 § 2040, 1951.)

A party to any proceeding under this chapter may appear in person, or may be represented by an attorney at law licensed to practice before all the courts of the state of California.

(Ord. 9278 § 4 (part), 1967: Ord. 7515 § 1 (part), 1959: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 3 § 2045, 1951.)

A.

No hearing is required in the case of a special dance application except:

When an application for a special dance has not been approved by all officers and departments referred to in Section 7.30.230 within 10 days of the date of mailing of the referral notice by the tax collector;

Where the granting of an application would result in the authorizing of more than three such dances in any three-month period;

When so ordered by the commission.

B.

A special dance license may be issued by the commission immediately upon the receipt of all recommendations provided for herein when no hearing is required.

(Ord. 9278 § 4 (part), 1967: Ord. 7515 § 1 (part), 1959: Ord. 7462 § 20 (part), 1959: Ord. 7269 § 10, 1958; Ord. 7161 § 1 (part), 1957: Ord. 5860 Ch. 10 Art. 4 § 2041, 1951.)

If, from the evidence introduced at any hearing, the commission finds grounds for denial, as set forth in Section 7.08.080 of this title, it shall deny the application being considered. Unless the decision of the commission is announced at the close of such hearing, the commission shall take action to notify the applicant in accordance with Chapter 7.10 of this code. lf no grounds for denial of the license are found by the commission, the commission shall grant the application for a license, and if no appeal is filed, and after the expiration of the time within which a notice of appeal may be filed, the commission shall so notify the tax collector and instruct him to issue the license.

(Ord. 10336 § 7 (part), 1971: Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 7161 § 1 (part), 1957: Ord. 5860 Ch. 10 Art. 3 § 2042, 1951.)

In any case where an applicant knowingly or deliberately makes any material false statement on an application for a license, such application will be denied. Whether an applicant knowingly or deliberately falsified an application is a question of fact to be determined by the commission. Knowledge of falsification may be expressed or may be implied in the light of all the facts in a given case.

(Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 3 § 2043, 1951.)

In addition to the causes for denial of a license as set forth in Sections 7.06.090 and 7.08.080 of this code, the grounds for suspension or revocation of any license issued under this chapter shall be those set forth in Section 7.08.150.

(Ord. 9431 § 2 (part), 1967: Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art.4 § 2051, 1951.)

A.

Whenever, upon due notice and hearing, it shall be determined that noise from any establishment licensed under this chapter interferes with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, the commission may require that the premises be soundproofed in a manner that in the judgment of the commission will be effective to eliminate the noise or reduce it to a reasonable level. In taking any action under this section, the commission must balance all of the interests of the respective parties, as well as the hardship which will result from any

order. If the commission finds that the noise complained of is of a minimum or unconsequential degree, no action shall be taken under this section.

B.

If a licensee fails, within a reasonable time and after having been ordered to do so pursuant to this section, to take such steps as were ordered to abate any noise, his license shall be suspended after a second hearing, due notice of which is given, until such time as he complies with the order.

(Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art.4 § 2053, 1951.)

Upon receipt of a certified copy of a judgment of conviction of a licensee under this chapter of any violation of any provision of this chapter, the commission may immediately suspend the license or licenses of such convicted licensee, and may instruct the tax collector to deliver or cause to be delivered the suspended license or licenses to the business license commission for safe keeping pending a hearing. Such instruction to the tax collector shall be in writing and shall be personally signed by each member of the business license commission. The commission shall immediately thereafter set a date for a public hearing, no later than 45 days after the date of the instruction to the tax collector, at which hearing it shall be determined whether the license or licenses should be suspended further, modified, conditioned, or revoked. The executive assistant of the business license commission shall notify the licensee in writing of the date and place of the hearing pursuant to Section 11509 of the Government Code.

(Ord. 88-0126 § 6, 1988: Ord. 9278 § 4 (part), 1967: Ord. 7462 § 20 (part), 1959: Ord. 5860 Ch. 10 Art. 4 § 2052, 1951.)