McFarland Municipal Code Ch. 5.36 Public and Private Dances

A. "Private dance" means a gathering of persons in or upon any premises where dancing is participated in as the main purpose of such gathering or as an incident to some other purpose and to which the general public is not admitted with admission to this gathering being with or without charge.

B. "Public dance" means a gathering of persons in or upon any premises where dancing is participated in either as the main purpose of such gathering or as an incident to some other purpose, and to which premises the public is admitted, with or without charge.

(Ord. 246 §2(part), 1992: Ord. 115 §1, 1970)

It shall be unlawful for any person, firm, partnership, joint venture, corporation or any group or combination of persons, or any employee, representative or agent of such person, firm, partnership, joint venture, corporation or any group or combination of persons, to operate or conduct, or participate or assist in the operation or conduct of a public dance or private dance in the city unless the proprietor or operator of the place of business or establishment, or private property where such public or private dance is conducted has been issued a license therefor by the city council of the city, and such license has not expired, or been suspended or revoked. Any public agency or nonprofit organization may be exempted from the requirement of the license hereunder provided an application for the exemption thereof is submitted to the city council of the city and an exemption therefor is granted by the city council. (Ord 246 §2(part), 1992: Ord. 115 §2, 1970)

It shall be unlawful for any person to dance at any public or private dance in the city excepting between the hours of two p.m. of any day and one forty-five a.m. of the following day.

(Ord. 246 §2(part), 1992: Ord. 115 §3, 1970)

It shall be unlawful for the proprietor or operator, or for any employee or agent of the proprietor or operator, of a public or private dance, to permit dancing in such establishment excepting between the hours of two p.m. of any day and one forty-five a.m. of the following day.

(Ord. 246 §2(part), 1992: Ord. 115 §4, 1970)

It shall be unlawful for the proprietor or owner, or for any employee or agent of the proprietor or owner, of any establishment or place of business, or the person promoting and/or in charge of any other public or private dance, to permit any person or persons to dance in such establishment or place of business or private property, unless there is in constant attendance adequate private security personnel who have been approved in writing for such service by the chief of police of the city. Such private security officers' services and attendance shall be at the expense of the operator, proprietor, promoter or person in charge of the public or private dance. The chief of police shall have the power to grant, withhold or revoke such approval at the chief's discretion.

(Ord. 246 §2(part), 1992: Ord. 115 §5, 1970)

The duties of the private security officers at the public or private dance shall be substantially as follows: They shall be present at all times while dancing is taking place to see that the provisions of this chapter relating to the conduct of the persons attending such public or private dance are enforced, and to see that the laws of the state relating to the sale, use and consumption of alcoholic beverages are observed and enforced. No such private security officer shall drink any alcoholic beverage, indulge in any dancing or serve any food or drinks.

(Ord. 246 §2(part), 1992: Ord. 115 §6, 1970)

It shall be unlawful for any person to enter or remain in a place of business or establishment where a public or private dance is conducted while under the influence of intoxicating beverages, or indulging in obscene, profane, vulgar or boisterous language or conduct.

(Ord. 246 §2(part), 1992: Ord. 115 §7, 1970)

It shall be unlawful for the proprietor or operator, or any employee or agent of the proprietor or operator, of a place of business or establishment where a public dance is conducted, to permit any person to remain in such a place of business or establishment who conducts himself or herself in violation of Section 5.36.070.

(Ord. 246 §2(part), 1992: Ord. 115 §8, 1970)

It shall be unlawful for any person under the age of twenty-one years to attend any public dance or loiter at or near the doors of any public dance, while a public dance is being conducted therein, unless:

A. The public dance is conducted solely for the benefit of persons under the age of twenty-one years; or

B. The persons under the age of twenty-one years are accompanied by a parent or parents to the public dance; or

C. The proprietor or operator of a public dance conducts the same for the joint benefit of adults and persons under the age of twenty-one years.

(Ord. 246 §2(part), 1992: Ord. 119 §1, 1971: Ord. 115 §9, 1970)

It shall be unlawful for any person in charge of or conducting a public dance to permit any person under the age of twenty-one years to enter or remain in any public dance or engage in dancing in such place, or to loiter at or near the doors of any public dance, while a public dance is being conducted therein, unless the public dance is being conducted solely for the benefit of persons under the age of twenty-one years.

(Ord. 246 §2(part), 1992: Ord. 115 §10, 1970)

Any person seeking a license to conduct a public or private dance shall present an application therefor to the chief of police of the city. This application shall show the identity of the proposed proprietor or operator of such dance, the address and location of the premises where such dance is proposed to be conducted and the residence and the residence and mailing address of the applicant, together with such other information as may be requested by the chief of police. The chief of police shall make his recommendation with respect thereto of the application and submit it to the city council at its next regular meeting for consideration. The city council shall consider the application, and may permit any person to be heard with respect thereto, and may continue decision thereon and consideration thereof until a subsequent meeting or meetings, and shall by resolution approve or reject such application. If the application is approved, the city clerk shall issue a license to the applicant, which shall be enforced until revoked or suspended.

(Ord. 246 §2(part), 1992: Ord. 115 §11, 1970)

The city council or chief of police may revoke or suspend for a specified or indefinite period, any license issued pursuant to this chapter, after a notice to the licensee is given as hereinafter specified. Notice that the city council or chief of police proposes to consider such revocation or suspension shall be given by registered mail to the licensee at the mailing address shown on the application for the license under consideration, which notice shall be signed by the city clerk or chief of police and mailed not less than five days prior to the date of the meeting at which the city council or chief of police proposes to consider such revocation or suspension, and shall state the time and place of the meeting. At the meeting, or any adjournment or continuation thereof, the city council or chief of police shall hear the licensee and the licensee's attorney or representative, if any, and may hear such other persons as it sees fit, and shall thereupon, by resolution, act upon the proposed revocation or suspension. If the meeting is conducted by the chief of police and the licensee is not willing to accept his recommendation or decision, the licensee may file an appeal thereof with the city council within fifteen days after licensee has received the written recommendations or decision from the chief of police. The city clerk shall set the time, date and place for the appeal which shall be at the next regular council meeting, and give licensee not less than five days' prior written notice of the time, date and place of the appeal. At the appeal hearing, or any adjournment or continuation thereof, the city council shall hear the licensee and the licensee's attorney or representative, if any, and may hear such other persons as it sees fit, and shall thereupon, by resolution, act upon the appeal of the police chief's recommendation or decision. A license suspended for any indefinite period may be reinstated by a resolution of the city council at any meeting, with or without notice to the licensee.

(Ord. 246 §2(part), 1992: Ord. 115 §12, 1970)

The rejection, revocation or suspension of a license may be supported by a finding of the city council or chief of police substantially to the effect of one or more of the following:

A. That the applicant or licensee, if previously licensed, failed to conduct the licensed public or private dance in a manner consistent with the standards of conduct and prohibitions established by this chapter;

B. That the applicant or licensee, whether or not previously licensed under this chapter, has permitted disorderly, boisterous, obscene, profane or indecent conduct in the place of business licensed or proposed to be licensed; or

C. That the physical characteristics of the place of business licensed or proposed to be licensed are such as to tend to make enforcement of the standards of conduct and prohibitions established by this chapter difficult.

(Ord. 246 §2(part), 1992: Ord. 115 §13, 1970)

Every person violating or failing or neglecting or refusing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding the sum of five hundred dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment, and each such person shall be deemed guilty of a separate offense for each day during any portion of which the violation of, or failure, neglect or refusal to comply with any of the provisions of this chapter is committed, continued or permitted by such person.

(Ord. 246 §2(part), 1992: Ord. 115 §14, 1970)