Los Gatos Municipal Code Art. III Dances

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Commercial dance. A dance open to members of the general public or a particular class of the general public for an admission fee or charge, which is held on one (1) occasion or regularly, the next proceeds from which devolve to private gain.

Dinner dance. Dancing regularly or intermittently conducted at a country club or other private club, restaurant or other business establishment which is incidental to other activity, such as the serving of meals or beverages, conducted on the premises at the same time, and for which an admission fee or charge is not made.

Social dance. Any dance other than a dinner dance or commercial dance at which more than seventy-five (75) persons are in attendance, whether admission is limited to those persons individually invited or to members of the general public or particular classes thereof, and whether or not an admission fee is charged.

(Code 1968, § 4-25)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

No person, whether as principal, agent, officer, employee or member, shall carry on, sponsor or conduct a commercial dance, dinner dance, or social dance within the Town between the hours of 2:00 a.m. and 6:00 a.m. of any day.

(Code 1968, § 4-26)

No person, whether as principal, agent, officer, employee or member, shall carry on, sponsor or conduct a commercial dance, dinner dance, or social dance within the Town except with a valid, unrevoked permit issued pursuant to the provisions of this article.

(Code 1968, § 4-26)

Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

Application for a permit to operate a commercial dance or social dance shall be made in writing and filed with the Town Chief of Police not later than seven (7) calendar days prior to the intended date thereof. Such applications shall contain:

(1) The name, address and telephone number of the person signing the application, and of the individual, individuals or organization sponsoring the dance; and if the sponsor is a business or other organization, the names, addresses and telephone numbers of the partners or directors and officers thereof.

(2) A statement as to whether the dance or dances for which the permit is sought are commercial or social, and if the sponsor is an organization, a general description of the nature of the organization, its purposes, and the intended disposition of the net proceeds, if any, derived from the dance or dances.

(3) The date, time of commencement and conclusion, anticipated attendance and type of music (live or recorded) of each dance for which a permit is sought.

(4) A signed certification by the owner of the premises upon which the dance or dances are to be conducted that permission has been given therefor, and if the location is intended to be property owned by the Town, a signed certification by the Town Manager reciting the date on which the Town Council approved the use of such property for such purposes and any conditions of such approval.

(5) The name or names, addresses and telephone numbers of the person or persons who will represent the sponsor in supervising the conduct of the dance at the time it is held and be responsible for the custody of the cash proceeds, if any.

(6) A signed certification by or in behalf of the applicant and by those persons described in subsection (5) of this section that they have read and understand those rules of conduct prescribed by section 3.30.040, and that the dance or dances for which the permit is sought will be conducted in compliance with such rules.

(7) Such other information as may be required in order to administer the provisions of this article.

(Code 1968, § 4-27)

(a) Except as hereinafter provided, the application shall be granted, and a permit for such dance or dances issued by the Chief of Police. Such permit may be denied by the Chief of Police on one (1) or more of the following grounds:

(1) That the event for which application is made in the location proposed violates one (1) or more land use, development, building, health, fire or other ordinance regulations of the Town, or applicable State statutory or administrative regulations.

(2) That the application does not contain that information or those certifications required by section 3.30.025.

(3) That acts or omissions of the applicant or those persons described in subsection (5) of section 3.30.025 in connection with other dances for which permits have been issued under this article have constituted grounds for revocation of such permits, as such grounds are prescribed by section 3.30.045.

(b) In the event of the denial of a permit by the Chief of Police, written notice thereof shall be personally delivered or mailed to the applicant, stating the grounds upon which such denial is based, and the facts constituting the basis thereof. In the event the denial is based upon either subsection (a)(2) or (a)(3) of this section, an appeal therefrom may be taken to the Town Council in compliance with those procedures prescribed by section 3.30.050.

(Code 1968, § 4-28)

Permits issued under this article may authorize one (1) or a series of dances; provided, that the name of the sponsor, date, time of commencement and conclusion, address of the location and the maximum occupancy load of the building in which the event is to be housed for each dance authorized by the permit shall be prescribed on the face thereof.

(Code 1968, § 4-29)

Each person and organization issued a permit pursuant to the provisions of this article shall operate and conduct the dances in a peaceful and proper manner, and shall obey and take such affirmative action as may be necessary to ensure that the operation and conduct of the dances complies with the following regulations:

(1) There shall be no rowdy, boisterous or disorderly conduct at such dances, and intoxicated, boisterous or disorderly persons shall be removed from the premises.

(2) Accumulations of persons loitering on the premises outside of the building in which dances are conducted is prohibited; and such actions shall be taken as are necessary to discourage such activity, including, where appropriate, the refusal to issue passout checks or the imposition of other admission control devices to prevent readmission of persons who have left the dance without the payment of a new admission fee, and the selection of premises with sufficient capacity to accommodate crowds of the size which could reasonably be anticipated.

(3) When the dance is not open to members of the general public, appropriate restrictions shall be imposed to insure the admission of only persons for whose benefit the dance was intended.

(4) Lewd conduct is prohibited, and sufficient illumination shall be maintained to discourage such conduct and prevent safety hazards.

(5) Live or amplified music shall be maintained at such intensity as to not disturb the peaceful and quiet enjoyment by owners or occupants of neighboring properties.

(Code 1968, § 4-30)

(a) Any permit issued pursuant to the provisions of this article may be revoked by the Chief of Police upon one (1) or more of the following grounds:

(1) The failure of the permittee to hold the dance or dances in compliance with the terms of the permit.

(2) Conduct occurring at dances authorized by the permit in violation of those regulations prescribed in subsections (1) through (5) of section 3.30.040.

(3) Misrepresentation of facts contained in the application for the permit.

(4) That the conduct or operation of or activities occurring at a dance or dances authorized by the permit: (1) Has created a public nuisance; (2) violated Town ordinances or State laws; or (3) otherwise been detrimental to the health, safety or welfare.

(b) The revocation of such permits shall become effective upon the personal delivery to the person signing the application for the permit, or the deposit in the United States mail, postage prepaid with return receipt requested, and directed to the holder of the permit at the address specified in the application therefor of a written notice signed by the Chief of Police, identifying the permit by date and number, stating that the permit is revoked and the effective date of revocation and specifying the grounds therefor and facts upon which such grounds are based. The revocation of a permit may be appealed to the Town Council in the manner prescribed by section 3.30.050.

(Code 1968, § 4-31)

The denial of a permit on grounds specified either in subsection (a)(2) or (a)(3) of section 3.30.030 or the revocation of a permit may be appealed to the Town Council by filing with the Town Clerk not later than seven (7) calendar days after the effective date of the denial or revocation a written notice of appeal executed by the applicant or holder of the permit, stating the grounds of the appeal. Upon the filing of the appeal, the Town Clerk shall schedule the matter for hearing by the Town Council at the earliest meeting which its business will permit, and give written notice of the time and date thereof to the Chief of Police and the appellant. At the conclusion of the hearing, the Town Council may affirm or overrule the action of the Chief of Police in denying or revoking the permit.

(Code 1968, § 4-32)