Montebello Municipal Code Ch. 5.32 Dances

For the purpose of this chapter certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended:

"Cabaret dance" means any dance held or engaged in at any place or premises licensed by the state of California to sell, serve or dispense intoxicating liquor for consumption in or at such place or premises.

"Club dance" means any dance held by a dancing club.

"Dance" means a gathering of persons in or upon any premises where dancing is participated in as the main purpose for such a gathering, or as an incident to some other purpose.

"Dance permit" means a permit required by this chapter, issued by the license collector, upon order of the city manager for the holding of a public dance, public dancehall, club dance, cabaret dance or dancing club.

"Dancing club" means any club or association of persons conducting dances, other than public dances, for its members or bona fide guests more often than once per month, at which a fee is charged either for admission or participation therein, or at which any collection or donation of money is made, solicited or received, or at which the amount of dues to be paid by each member is dependent upon attendance at such dances.

"License collector" means the license collector and inspector of the city of Montebello.

"Private dance" means any dance:

A. Which is not advertised publicly;

B. To which members of the general public are not invited; and

C. Which is limited to members of the sponsoring group and its invited guests.

"Public dance" means a dance conducted by any person, whether or not for profit, to which members of the public are admitted or allowed to participate in such dancing, with or without charge.

"Public dancehall" means a place or location where a public dance is held or conducted.

"School dance" means any dance conducted as a part of the curriculum of any public or parochial school, or any dance officially sanctioned by such school when conducted at school buildings or grounds, or other place when properly supervised by school officials.

"Teenage dance" means any nonprofit public dance or club dance sponsored by a service group, school group, parents group, or other similar organization, for minors between the ages of thirteen and nineteen years of age to which no person over nineteen years of age or under thirteen years of age is admitted as a participant.

(Prior code § 4400)

A. No person shall conduct or assist in conducting any public dance, public dancehall, dancing club, club dance or cabaret dance within the city, without first obtaining a permit therefor, in the manner prescribed in this chapter.

B. Applications for such permits shall be filed with the license collector of the city along with the nonrefundable user fee set by the city council resolution and shall contain the following information:

1. The name and address of the applicant (if a corporation or partnership, the names and residence addresses of all officers, directors or partners; if an unincorporated association, the names and addresses of all principals); and

2. The location and description of the facilities proposed to be used; and

3. The dates, hours and estimated maximum attendance at the proposed dance, and the type of dance.

C. A one hundred eighty dollar filing and processing fee shall be required with each such application; provided, that the city council may waive such fee if the applicant is an organization described in Section 5.04.060.

(Ord. 2031 § 2, 1990: prior code § 4401)

The license collector, upon receipt of a written application for a dance permit, shall refer the same to the appropriate city departments for investigation, report and recommendation. Each such department shall submit, in writing, a report together with such recommendation as may be appropriate to the license collector, for transmittal to the city manager as soon as possible after such referral.

(Prior code § 4402)

The fire department shall inspect the location of any such dance prior to the issuance of any dance permit to determine needs for reasonable fire safety requirements, and make their recommendations to the city manager for the imposition of any additional conditions that may be required.

(Prior code § 4403 (c))

Upon receipt of an application and reports relating thereto, the city manager, before ordering the issuance of a dance permit, shall be satisfied that the public peace, safety, health and general welfare will not be endangered or jeopardized by the issuance of such dance permit. The city manager may impose conditions upon the issuance of dance permits to insure that dances and dancing conducted under and by virtue of such permits will be compatible with the preservation of the public peace, safety, health and general welfare. The city manager may consider any relevant factual material, including, but not limited to, the proposed place or location of such dance and the character and reputation of applicant and other persons who will be involved in the conduct and operation of the dances under the permit if issued.

(Prior code § 4403 (a))

If the city manager finds that the issuance of a dance permit will endanger or jeopardize the public peace, safety, health and general welfare, he shall decline to issue such permit.

(Prior code § 4403 (d))

Within ten days after reaching a determination with reference to a permit application, or suspension of a permit, the city shall give written notice of his decision to the applicant and to any other person requesting such notice.

(Prior code § 4404)

A. Any applicant aggrieved by the decision of the city, with reference to the issuance, conditional issuance or denial of a permit, shall have the right of appeal, within ten consecutive calendar days after the service of written notice of the city's action. Such appeal shall be in writing, briefly stating therein the basis for such appeal, and shall be filed with the city clerk. A filing and processing fee as set by resolution of the city council shall be paid at the time of filing. Upon receipt of such letter of appeal and fee, the city clerk shall immediately set the matter for consideration by the council at its next most convenient meeting, and give the appealing party, and any other person requesting the same, at least five consecutive calendar days written notice of the time and place of such hearing.

B. At the time and place set for the hearing upon the appeal, the city council shall give the appealing party, and any other interested party, a reasonable opportunity to be heard. In all such cases, the burden of proof to show that the action of the city was arbitrary, capricious or in excess of his authority, shall be upon the appealing party. The determination of the city council shall be final and conclusive.

(Prior code § 4405)

A. Permits issued pursuant to this chapter shall be posted on the premises where the business or enterprise for which the permit is issued is conducted and shall remain so posted during the period the permit shall be in force.

B. Any permit issued to a person who goes from place to place within the city for the purpose of carrying on the business or activity as so permitted, shall be carried by him at all times, and he shall exhibit the same upon request therefor.

(Prior code § 4407)

Permits issued pursuant to this chapter shall be valid until revoked, except as is otherwise expressly provided in this chapter.

(Prior code § 4408)

No permit issued hereunder shall be transferable, except as otherwise provided, expressly, in this chapter.

(Prior code § 4409)

A. In addition to other conditions that may be imposed for the issuance of a dance permit, the use of uniformed private patrol personnel, who are regularly employed by a private patrol, qualified under Chapter 5.04 of this code, and licensed to do business in the city, shall be required in accordance with the following schedule:

B. The private patrol officers must be licensed, must be in an easily recognizable complete private patrol officer's uniform which is in contrast to the uniform of the officers of the Montebello police department.

C. The city manager may, upon consideration of an application for such permits, require a greater number of private patrol officers or such patrol officers may be waived, if the city manager finds that such patrol officers are not required to preserve the public peace, health and safety.

(Ord. 2081 § 1, 1993; prior code § 4403 (b))

A. No cabaret dance or cabaret dancing shall be held or engaged in between the hours of one forty-five a.m. and six a.m. of any day.

B. No public dance or club dance shall be held or conducted between the hours of one a.m. and six a.m. of any day.

(Prior code § 4412)

No person, other than the owner or operator of the dancehall, dancing club, club dance, cabaret dance, or public dance, and his bona fide employees acting in the course of their employment, shall possess any intoxicating liquor at any public dance unless the same has been lawfully sold, served or dispensed thereat.

(Prior code § 4414)

No employee of any person conducting, or in charge of, any public dance, public dance hall, or cabaret, shall engage in dancing with any other person at his or her place of employment.

(Prior code § 4415)

No person in charge of or assisting in the conduct of any public dancehall, dancing club, club dance, teenage dance, school dance, cabaret dance or public dance shall permit any person to enter into, to be in or to remain in any place where such public dancehall, dancing club, club dance, teenage dance, school dance, cabaret dance or public dance is being conducted who is intoxicated, boisterous or disorderly. No person in an intoxicated condition shall enter, be in or remain in any public dancehall, dancing club, club dance, teenage dance, school dance, cabaret dance or public dance. No person shall conduct himself in a boisterous or disorderly manner in or at a public dancehall, dancing club, club dance, school dance, teenage dance, cabaret dance or public dance.

(Prior code § 4417)

A copy of this section and Sections 5.32.130 through 5.32.170, 5.32.180(B) and 5.32.190, together with a copy of all additional regulations imposed upon the granting of a dance permit, shall be posted at each of the following locations of the premises for which the dance permit was issued:

A. At the inside of and within three feet of each entrance and exit of the room or hall where a public dancehall, dancing club, club dance, teenage dance, cabaret dance, or public dance is operated or held;

B. On the outside of and within three feet of each entrance and exit of the room or hall where a public dancehall, dancing club, club dance, teenage dance, cabaret dance, or public dance is operated or held.

(Prior code § 4418)

A. No cabaret dance or cabaret dancing shall be held or engaged in unless all of the following conditions are at all times complied with:

1. The dance floor shall be a minimum size of two hundred square feet.

2. The dance floor area specified in each permit issued under this chapter shall be plainly marked and designated as a dancing area. No dancing shall be permitted in the premises except upon the dancing area thus marked and designated.

3. During all hours during which dancing is permitted by the permit issued hereunder for the premises, no portion of the dancing area shall be used for any purpose other than dancing and entertainment.

4. No portion of any dance floor shall be located within eight feet of any bar or other facility for the dispensing of intoxicating beverages.

5. The maximum number of persons occupying a building, or portion thereof, used for dining, drinking and dancing shall not exceed the maximum posted by the fire department. Occupant load in a cabaret shall be computed by dividing the useable floor area of the premises by a factor or fifteen square feet per occupant, but may be limited to a lesser number based on exit facilities.

B. No premises at which cabaret dances or cabaret dancing are conducted or engaged in shall be used or operated as a private club between the hours of two a.m. and six a.m. of any day.

(Prior code §§ 4410 and 4411)

Cabaret Dance permits shall be for the exclusive use of the applicant in conducting his business on licensed premises.

A. Any other person, group or organization renting or leasing all or a portion of the premises for any special event or dance which solicits public participation, must obtain city permits as required hereby.

B. Subsection A of this section shall not apply if:

1. The organization is a tax-exempt charitable organization registered with the state; or

2. Admission to the event or dance is open only to persons who are provided with full meal service by the holder of a cabaret dance permit on the premises.

(Prior code § 4413)

A. The city shall suspend any permit issued hereunder, if he finds that the permittee or such permittee's agents and/or employees, have been, or:

1. Are violating any condition of approval imposed upon such permit; or

2. Are violating any provision of this code or other applicable law; or

3. That the continued operations under the permit would endanger, jeopardize or disrupt the public peace, safety, health or general welfare; or

4. Any other cause, as set forth in this chapter.

B. The determination of the city with regard to matters of suspension shall be appealable to the city council in the time and manner set forth in Section 5.32.080.

C. The city, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for such suspension. The order shall be effective immediately upon the same having been personally served, or forty-eight hours after the same has been deposited in the course of transmission in the United States Postal Service.

D. Immediately upon such an order becoming effective, the permittee shall cease all operations authorized under such permit. Where an appeal is timely filed, no further operations shall be deemed authorized pursuant to such permit, until such appeal is finally determined.

E. The order of suspension shall be deemed a revocation of a permit unless the permittee within ten consecutive calendar days after the order is deposited in the course of transmission in the United States Postal Service, files an appeal from the order, in the manner hereinbefore prescribed.

F. Where an appeal is taken, the city council shall act upon the same in the time and manner set forth in Section 5.32.080. The action of the city council shall be final and conclusive.

(Prior code § 4406)