Martinez Municipal Code Ch. 5.56 Dances

For the purpose of this Chapter, the following words and phrases are defined as hereinafter set forth:

A.

"Dancing club"

means any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests, more frequently than once a month, at which a fee is charged, either for admission or for dancing therein or of 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 dance by such member.

B.

"Dinner dancing place"

means a place where food and music are regularly provided and the public is permitted to dance without payment of a fee.

C.

"Public dance"

means a gathering of persons in or upon any premises or place where dancing is participated in and to which the general public is admitted or invited with or without charge.

D.

"Teenage dance"

means a nonprofit dance held or conducted exclusively for teenagers and to which no person 20 years of age or older is admitted as participants.

(Prior code § 6146; Ord. 794 C.S. § 2, 1974)

No person shall violate any of the regulations hereinafter provided or fail to comply with any of the mandatory provisions of this Chapter.

(Prior code § 6146.1; Ord. 794 C.S. § 2, 1974)

No person shall conduct or assist in conducting any public dance, dance hall, dancing club, dinner dancing place or public teenage dance between the hours of 2:00 a.m. and 6:00 a.m. of any day.

(Prior code § 6146.2; Ord. 794 C.S. § 2, 1974)

All public dances, dance halls, dancing clubs, dinner dancing places or teenage dances, shall be adequately lighted at all times when open or used for dancing.

(Prior code § 6146.3; Ord. 794 C.S. § 2, 1974)

Alcoholic beverages may be served at a place where public dances are being conducted, when the sale and serving of such beverages are permitted by state law, however, such alcoholic beverages shall not be taken to or permitted on the dance floor, or authorized area for dancing purposes. However, no alcoholic beverages shall be sold, consumed or be available on the premises, in or about, where any teenage dance is held. Admission to a teenage dance shall be denied to any person showing evidence of drinking any alcoholic beverage or having such beverage on his person.

(Prior code § 6146.4; Ord. 794 C.S. § 2, 1974)

No person under the age of 21 years shall be allowed in or about any public dance hall, or dance club that sells or serves any alcoholic beverages. Nothing in this Section however, shall be construed to prevent a person under 21 years from being in a bona fide hotel, cafe or other place where meals are regularly served and where a public dance is being held.

(Prior code § 6146.5; Ord. 794 C.S. § 2, 1974)

All off-street parking facilities made available for the participants of teenage dances, shall be adequately supervised.

(Prior code § 6146.6; Ord. 794 C.S. § 2, 1974)

No minor admitted to a teenage dance shall be permitted to leave and thereafter reenter the dancing premises during the course of the event, and further, no reentry passes shall be issued unless required by the physical arrangements of the premises.

(Prior code § 6146.7; Ord. 794 C.S. § 2, 1974)

No person shall loiter around or about the premise of which a teenage dance is being conducted.

(Prior code § 6146.8; Ord. 794 C.S. § 2, 1974)

A. Notwithstanding those places where dances are conducted or held where they are substantially the same as previously approved to hold or conduct public dances, the provisions of this Section shall be considered continuations of existing law and shall not be considered new enactments, unless there is a change in use or occupancy of such premises;

B. No permit shall be issued for the conduct of any public dance, dance hall, dancing club or dinner dancing place, nor shall any such dance be conducted at any establishment having less than the following prescribed area set aside and reserved exclusively for dancing, such area to be exclusive of hallway space:

1. 200 square feet of dance floor where the seating capacity of the premises used is not more than 75 persons;

2. 300 square feet of dance floor where the seating capacity of the premises used is not more than 75 persons;

3. 400 square feet of dance floor where the seating capacity of the premises used is in excess of 75 persons.

(Prior code § 6146.9; Ord. 794 C.S. § 2, 1974)

No person managing, holding or conducting a public dance, dance hall, dancing club, dinner dancing place or teenage dance or persons employed in and about the same shall allow or permit any intoxicated, boisterous or disorderly person to enter, remain at or be in such place.

(Prior code § 6146.10; Ord. 794 C.S. § 2, 1974)

No person or persons shall dance in an obscene manner.

(Prior code § 6146.11; Ord. 813 C.S. § 2, 1975)

A. No person shall conduct or maintain any public dance, dance hall, dancing club, dinner dancing place or teenage dance without a written permit as provided for herein;

B. Any person desiring to obtain a permit to conduct or operate a public dance, dance hall, dancing club or dinner dancing place or teenage dance, shall file a written signed application with the License Collector not less than 2 weeks prior to the date of the dance showing the following:

1. Name, address and phone numbers of the applicant;

2. Date, hours and location where the dance or dancing is proposed and the admission fee if any to be charged;

3. Names of the persons in charge of management or supervision;

4. Indicate whether or not alcoholic beverages are to be served;

5. Indicate whether or not special guards will be employed.

(Prior code § 6146.12; Ord. 794 C.S. § 2, 1974)

The Chief of Police shall conduct a reasonable investigation to determine whether the allowing or permitting of a dance in the location for which the permit is sought will be inimical to the public health, welfare or safety of the community, and whether the applicant or persons in charge of the dance are of good moral character.

(Prior code § 6146.13; Ord. 794 C.S. § 2, 1974)

If the Chief of Police, as the result of his investigation, finds that the dance or dancing for which the permit is sought will not be inimical to the public health, welfare or safety of the community and that the applicant or persons in charge of the dance are of good moral character, he shall advise the License Collector who shall issue a permit for such public dance, dance hall, dancing club or dinner dancing place or teenage dance. A copy of the report and recommendation of the Police thief shall be forwarded to the City Manager, for his approval, prior to issuing a permit. Every license or permit issued under the provisions of these Sections shall be posted in a conspicuous place at the location of such dance.

(Prior code § 6146.14; Ord. 794 C.S. § 2, 1974)

Every person applying for a permit to conduct or carry on a public dance, dance hall, dancing club, dinner dancing place or public teenage dance shall pay a permit fee to the City at the time a permit is issued in the sum of: $25.00 for 1 day, $40.00 for 6 months, $80.00 for 12 months; provided however, that no fee is required for teenage dances, or dances where no admission fees are charged or donation requested and, provided, further, that the City Council shall have the right, on proper showing, to waive or refund the fee for legitimate nonprofit religious or charitable dances.

(Prior code § 6146.15; Ord. 794 C.S. § 2, 1974)

A. The Police Chief may require as a part of any permit issued to the person or persons, holding, conducting, carrying on or having charge or control of such dance, the employment of approved special guards to assure that orderly conduct will be maintained and to assure the compliance with the provisions of these Sections, as well as compliance with local or State laws affecting the conduct of the dance. The Police Chief may further recommend the number of such guards, which in his opinion may be necessary;

B. The License Collector may attach any additional conditions that may be necessary for the protection of the public health, welfare or safety;

C. The applicant and all persons participating in the management or supervision of a dance or dancing shall comply with all statements contained in their application for a permit, together with all applicable laws and ordinances as well as the tens and conditions of the permit, without exception.

(Prior code § 6146.16; Ord. 794 C.S. § 2, 1974)

A permit or fee for a teenage dance is not required for any agency or department of the City, County, Board of Education, or other political subdivision of the State or other youth organizations approved by the City Recreation Department, which are normally engaged in youth activities.

(Prior code § 6146.17; Ord. 794 C.S. § 2, 1974)

Any permit under the terms of this Chapter may be revoked or suspended at any time by the City Manager or City Council for the following reasons:

A. The conduct of such dance hall, public dance, dancing club, dinner dancing place or teenage dance, does not or will not comport with the public welfare for any reason;

B. The same has been conducted in an illegal, improper or disorderly manner;

C. The proprietor or person in charge thereof violates or permits any infraction of any law of the State or any ordinance of the City.

(Prior code § 6146.18; Ord. 794 C.S. § 2, 1974)

A. When any permit issued under the terms of this Chapter has been revoked or suspended, the person to whom the permit was issued may in writing appeal the revocation or suspension to the City Council within 5 days of such suspension or revocation;

B. The City Council shall hold a public hearing as soon as practicable after receiving such appeal and shall consider all facts and evidence bearing on the reason for the suspension or revocation;

C. After hearing all facts and evidence, the City Council shall, if the suspension or revocation appears warranted, affirm such suspension or revocation. Otherwise it may reinstate such permit.

(Prior code § 6146.19; Ord. 794 C.S. § 2, 1974)