Mendota Municipal Code Ch. 5.44 Public Dances

The purpose of this chapter is to regulate public dances within the city limits.

(Prior code § 7.06.001)

The term "public dance," as used in this chapter, means any dance to which the public generally may gain admission with or without the payment of a fee, or which is given or conducted in connection with the sale of food or drink in restaurants, cafes or hotel dining rooms or other eating or drinking places to which the general public is admitted, or which is run or conducted for profit or given or conducted in connection with the provision of other amusement or entertainment for profit; and no dance at which the only fee collected is a sufficient sum, prorated among the persons present, to pay the actual expenses of conducting the dance, shall be considered a public dance. The term "public dance hall," as used in this chapter, shall mean a room, place or space in which a public dance shall be held.

(Ord. 94-19 § 4, 1994: prior code § 7.06.002)

No person shall hold or conduct any public dance, or conduct a dance hall, until the person owning or conducting the dance hall or other place in which the dance may be held, shall first have obtained a permit therefor as provided in this chapter.

(Prior code § 7.06.008)

No permit for a public dance hall shall be issued until it shall be found that the place for which it is issued complies with and conforms to all laws and provisions of this code, health and fire regulations applicable thereto and is properly ventilated and supplied with separate and sufficient toilet conveniences for each sex within the building in which the dance hall is located, with no entrance thereto or exit therefrom except through the dance hall, and is a safe and proper place for the purpose for which it shall be used. Every person to whom a dance hall permit is issued shall post the same in a conspicuous place in the dance hall for which permit is granted.

(Prior code § 7.06.009)

A. The application for a permit shall be made to the chief of police who shall issue the permit unless he finds any of the following:

1. The applicant or person to be in charge of the dance or dance hall is not a person of good moral character;

2. The provisions of this chapter pertaining to the dance or dance hall will not be met;

3. The conducting of the dance or dance hall will create a public nuisance or disorder in the neighborhood, or the premises are not sufficiently soundproof so that nearby residents or patrons of nearby hotels or lodging houses will not be disturbed, or the floor area in which the dance will be conducted is not reasonably brightly lighted, in which case he shall deny the application.

B. No permit shall be issued until the required application and permit fee has been paid to the chief of police. An applicant aggrieved by the action of the chief of police may appeal to the council by filing a written notice thereof with the city clerk within five days from the date of notice of such action. The decision of the council, after a hearing on the appeal, shall be final.

C. Public dances shall be classified as follows:

1. Class A—Cafe Dances: Cafe dances shall include any dancing in a restaurant, cafe or hotel dining room, or other eating place open to the general public or conducted for profit. No Class A permit shall be issued unless the applicant therefor holds either a valid hotel or restaurant license;

2. Class B(1)—Social Dances: Dances conducted by social, fraternal, religious or charitable organizations where such dances are not open to the general public;

3. Class B(2)—Social Dances: Dances conducted by schools or student groups;

4. Class C—Commercial Dances: Dances other than those covered by Classes A, B(1) and B(2) under this subsection.

D. The duration of permits for public dances and public dance halls and the fees therefor shall be as designated by resolution of the city council. The quarterly periods begin on January 1st, April 1st, July 1st and October 1st. If the dancing for which the permit is requested begins more than thirty (30) days before the next quarterly period, the permit shall be granted for the current period and a renewed permit will be necessary for the next quarterly period. Permits expire and are null and void at the end of the applicable period. Application for renewal must be received by the chief of police before expiration of the permit.

(Prior code § 7.06.012)

Any person desiring to secure a permit for the operation of a public dance hall or conduct of a public dance shall submit an application (under penalty of perjury) therefor to the chief of police. The application shall be in a form approved by the chief of police and shall include the following:

A. Applicant's name, home address, business address and telephone numbers. This includes information as to persons doing business under fictitious names, members of partnerships and officers of corporations or associations;

B. The location of the premises of the dance hall or where the dance will be held;

C. A description of the dance hall or premises of the dance;

D. In the case of a dance, a description of the following: type and character of dance, type and character of music, number of bands or musicians to be provided, intended age of participants, hours of opening and closing, number of tickets to be sold, number of participants invited, type, character and extent of advertising of the dance;

E. Date the dance is to be held;

F. Such other and further information as the chief of police may require.

(Prior code § 7.06.011)

A. No vested right or property interest is acquired by a permit issued to any person under the terms of this chapter, but the permit may be revoked, suspended or canceled as provided in this chapter.

B. Any permit granted under the provisions of this chapter may be revoked, suspended or canceled by the chief of police when it shall appear:

1. That the public dance is, or dances at the public dance hall are, conducted in a disorderly, riotous or improper manner, or in violation of any statute of the state or ordinance of the city;

2. That the permit is being used for a purpose detrimental to public morals, peace or order or is being used for a purpose wholly foreign to that for which the permit was issued;

3. That the application contained falsehoods;

4. That any fact or condition exists which, if it had existed at the time of the original application for such permit, reasonably would have warranted the chief of police in refusing originally to issue such permit.

C. The holder whose permit shall have been revoked, canceled or suspended by the chief of police may within seven days after receipt of notice thereof appeal to the council for a hearing thereon by filing written notice of such appeal with the city clerk; and the decision of the council, after a hearing on such appeal, shall be final. If no appeal is taken within seven days after receipt of such notice, the action of the chief of police shall be final. In case of suspension, the chief of police may, within a period of fifteen (15) days from the date thereof, revoke the order of suspension in the event the owner complies with the directions of the chief of police within said time. If the owner fails to comply with the directions of the chief of police within said fifteen-day period, the chief of police shall thereupon revoke the permit, subject to the owner's right of appeal to the council within seven days thereafter as provided in this chapter.

(Prior code § 7.06.010)

No person shall operate, promote, maintain or conduct a public dance or public dance hall except in compliance with the following provisions:

A. Occupancy—Fire. The occupancy of dance halls shall be restricted to the maximum limits permissible under applicable state or city fire laws or regulations.

B. Attendance—Fire. Attendance at all public dances shall be restricted to the maximum occupancy limits permissible under state or city fire laws or regulations which apply to the premises where the dance is held.

C. Attendance—Police. Whenever the chief of police or his duly authorized agent specifies the maximum number of persons who may attend any particular dance, or who may occupy any particular dance hall, attendance at the dance and occupancy at the dance hall shall be limited to the number of persons specified. Whenever the chief of police or his duly authorized agent specifies the number and type of security personnel who shall attend the dance or dance hall to enforce all laws, ordinances and regulations pertaining thereto and maintain decorum thereat, the promoter, operator or organizer of the dance or owner or manager of the dance hall shall, at his expense, provide such security personnel from a list of approved security personnel to be maintained by the chief of police. The chief of police and his duly authorized agent are granted the power and given the duty to assess and evaluate the police problems arising from the occurrence of any dance or the operation of any dance hall, and, considering the age of the participants, hours of dancing, character of the locale of the dancing, type of dancing proposed, extent and type of advertising thereof, condition of the premises, current status of level of delinquency in the community at large or locale of the dance in particular and other similar and pertinent factors, shall declare the maximum number of persons who may attend the dance or occupy the dance hall, and shall further designate the minimum number of approved security personnel who shall be required to be present to enforce laws and regulations and maintain decorum at the dance or dance hall. His decision shall be based upon the exercise of his discretion in light of the above factors and shall be rendered to promote the health, safety and welfare of the dancers, and property involved and the community at large.

D. Character of Operator. The operator of a dance hall, and promoter, operator or organizer of any dance shall be only a responsible, reliable, law-abiding adult person. Proof of continued violation of laws or this chapter shall be proof that the operator, etc., is not such a person.

E. Lighting. The premises of any dance hall or where a dance is held shall, both inside and outside of any buildings thereon, including adjacent parking lots, be reasonably brightly lighted.

(Prior code § 7.06.007)

All public dances shall be discontinued and all public dance halls shall be closed on and after the hours of two a.m. Dances restricted to persons under the age of twenty-one (21) shall close on and after the hour of twelve midnight, and no public dance shall be held between the applicable closing hour and eight a.m. of any day.

(Prior code § 7.06.005)

No person holding a public dance shall permit any person, who has not reached the age of eighteen (18) years, to attend or remain at any public dance unless such person be accompanied by the parent or legal guardian of such person, provided that persons under the age of eighteen (18) years may be admitted to a public dance the admission to which is restricted to persons under the age of twenty-one (21), except for chaperons, parents and guardians. No person shall falsely represent himself or herself to have reached the age of eighteen (18) years or to be under the age of twenty-one (21) in order to attend or remain at any public dance, and no person shall falsely represent himself or herself to be a parent or legal guardian of any person in order that such person may attend or remain at any public dance. The fact that a person under the age of eighteen (18) years or over the age of twenty-one (21) secured admission to any such dance hall under false representations as to age, or false representations that he or she was accompanied by parent or guardian, shall be no defense to the person holding such dance in a prosecution for violation of this chapter, nor that such person was admitted by an employee.

(Prior code § 7.06.004)

No known prostitute, male or female procurer, pimp or vagrant, shall be present at any public dance or at any public dance hall.

(Prior code § 7.06.006)

No person to whom a dance hall permit is issued, nor any person conducting a public dance hall or dancing class under permit, shall allow or permit in any dance hall any indecent act to be committed, or any vulgar dancing to be indulged in, or any disorder, or conduct of a gross, vulgar or violent character, or shall permit in any such dance hall any known prostitute, pimp, vagrant or procurer. Any member of the police department or other properly constituted authority of the city shall be admitted free of charge to any public dance hall, and they shall have the power and it shall be the duty of each of them to cause any dance hall to be vacated whenever any provision of this chapter, or of any ordinance, regulation or law concerning dance halls, has been or is being violated; or whenever any ordinance, regulation or law of any character shall be violated; or whenever any indecent act shall be committed or any vulgar dance indulged in or when any disorder or conduct of a gross, violent or vulgar character shall take place therein, or any known prostitute, pimp or procurer shall be found to be present in such place. No person under the influence of alcoholic liquor shall be permitted to remain at any public dance.

(Prior code § 7.06.003)