Montclair Municipal Code Ch. 4.40 Dances

It is unlawful for any person or association of persons to hold a public dance or operate a dance hall within the City without first obtaining a license to do so.

(Ord. 99-791 Exh. A (part): prior code § 5-1.02)

An application for such license shall be made to the Chief of Police in writing and shall state the name and address of the applicant and the address of the place where the public dance is to be held or dance hall is to be located. Upon receipt of such application and license fee, the Chief of Police shall thoroughly investigate the application and may deny the same if:

A. The applicant is not of good moral character;

B. The premises in respect to which the license is to be issued do not comply with the provisions of any law or are injurious to the public health or safety; or

C. The applicant has had a license forfeited, suspended or revoked pursuant to the provisions of this chapter or any similar law.

(Ord. 99-791 Exh. A (part); prior code § 5-1.03)

Upon approval of such license by the Chief of Police, the City Treasurer shall issue a license to the applicant. Such license shall set forth the name of the applicant and the address of the place where the public dance is to be held or dance hall is to be located.

(Ord. 99-791 Exh. A (part): prior code § 5-1.04)

The license fee for holding a public dance or operating a dance hall shall be as set forth in the Business License Fee resolution. Such license fee shall be payable in advance and shall be paid to the City Treasurer upon the issuance of such license; provided, however, that the administrative cost of processing the application and issuing the license required by this chapter may be established by the City Treasurer when such fees are consistent with the provisions of this chapter and the laws of the State of California. The City Treasurer, in cooperation with the Chief of Police, may also make rules and regulations consistent with the provisions of this chapter and the laws of the State of California. Such rules and regulations shall be established to clarify provisions of this chapter and aid in their enforcement. The body of such rules and regulations shall be known collectively as the "City of Montclair Business License Policies and Procedures" and shall be placed in written form and approved by the City Manager before becoming effective.

(Ord. 99-791 Exh. A (part): prior code § 5-1.05)

Each such license shall be nontransferable and shall be posted in a conspicuous place in or on the premises for which it is issued and shall be exhibited to any police officer upon demand.

(Ord. 99-791 Exh. A (part): prior code § 5-1.06)

Each such license issued shall be separate and distinct, and no person shall seek to exercise the privileges granted thereunder except the person or association of persons to whom it was issued and at the specific time and place for which it was issued.

(Ord. 99-791 Exh. A (part); prior code § 5-1.07)

The Chief of Police may, upon complaint of any person, investigate the conduct of any public dance or dance hall and shall have the power to suspend, revoke, or conditionally issue a license for any of the following reasons:

A. The misrepresentation of a material fact by the applicant obtaining a license;

B. The violation of any of the provisions of this chapter;

C. The commission of any act which would be sufficient grounds for denial of an application for a license pursuant to the provisions of this chapter;

D. Any violation of Penal Code Section 415 in, upon, or about the premises for which the license was issued or permitting any violation of Penal Code Section 415 upon or about the premises for which the license was issued;

E. A written protest against the holding of any public dance or operation of any public dance hall signed by a majority of the persons residing within 1,000 feet of any such dance or dance hall; or

F. Upon an oral statement made by the Chief of Police at a regular meeting of the City Council that such public dance or dance hall is being held or operated in a manner detrimental to public morals.

(Ord. 99-791 Exh. A (part); prior code § 5-1.08)

Any operator of a public dance or dance hall, aggrieved by the decision of the Chief of Police with respect to the suspension, revocation, or conditional restrictions of a license to conduct a public dance or operate a public dance hall, shall have the right to appeal to the City Council pursuant to the provisions set forth in Chapter 1.08 of this Code.

(Ord. 99-791 Exh. A (part): prior code § 5-1.09)

It is unlawful for any person or association of persons to hold a public dance or operate a public dance hall, or for any person to dance at any public dance or in any public dance hall, between the hours of 2:00 a.m. and 11:00 a.m.

(Ord. 99-791 Exh. A (part): prior code § 5-1.10)

It shall be the duty of every person holding a public dance or operating a public dance hall to maintain at his/her own expense at every dance a police officer(s) and/or security guard(s) if, in the opinion of the Chief of Police, the same is necessary. Such police officer(s) and/or security guard(s) shall be approved by the Chief of Police. Any police officer of the City shall have the right to enter all public dances or dance halls; and if, in his/her judgment, any dance or other proceedings are improper, such police officer shall have the right, and it shall be his/her duty, to stop the same.

(Ord. 99-791 Exh. A (part): prior code § 5-1.11)

Except in places where intoxicating liquors are legally sold and consumed, no person shall have, possess or consume intoxicating liquor at any public dance.

(Prior code § 5-1.14)