Monterey County Municipal Code Ch. 7.28 Public Dances

A. For the purposes of this Chapter:

1. "Person" includes every person, club, firm, association, or corporation conducting a public dance, or series thereof, or permitting public dances to be conducted under their auspices, and includes the principals, agents, officers, and employees thereof.

2. "Public dance" means any dance to which the general public is admitted upon the payment of any fee or charge of admission whatever, or for which tickets, invitations, or other admission devices are sold or offered for sale, or any dance which is given, conducted or permitted in any restaurant, tavern, café, or hotel to which the general public is admitted, or any dance permitted, given or conducted in connection with any other amusement or entertainment for profit; provided, however, "public dance" does not apply to any dance given in a public school by any of the classes thereof, or any dance on Monterey County Parks land. County Parks land is covered by Special Permit Procedures of the Monterey County Parks Department.

B. For the purposes of this Chapter, the singular includes the plural and the masculine includes the feminine and neuter, and vice versa.

(Ord. 3683 § 1, 1993; Ord. 2779, 1981; Ord. 1489 § 1, 1966)

It is unlawful for any person to suffer or permit any public dance or series of such dances to be held in any hall, room, or place in the unincorporated areas of the County of Monterey, without first obtaining a permit therefor from the Clerk of the Board of Supervisors of the County of Monterey.

(Ord. 2779, 1981; Ord. 1489 § 2, 1966)

Every permit to conduct a public dance under the provisions of this Chapter shall expire upon the expiration date thereof, not to exceed one year, unless sooner revoked as provided in this Chapter.

(Ord. 2779, 1981; Ord. 1489 § 3, 1966)

Before any permit to conduct a public dance is issued, an application in writing shall be filed with the Clerk of the Board of Supervisors. The Clerk shall refer the application to the Sheriff of the County of Monterey for his or her approval or disapproval. The application shall be submitted with the application fee, the amount of which shall be set forth in the Monterey County Fee Resolution.

(Ord. 4188, § 2, 2003; Ord. 2779, 1981; Ord. 1489 § 4(a), 1966)

The application provided for in Section 7.28.040 shall set forth:

A. The name and address of applicant;

B. The name and address of the persons in immediate charge of the dance;

C. The time and place where the dance or dances will be held;

D. The number of persons expected to attend;

E. The name of the band;

F. The period for which the permit is desired, not to exceed one year.

(Ord. 2779, 1981; Ord. 1489 § 4(b), 1966)

The Sheriff, upon receiving the application provided for in Section 7.28.040, and before approving or disapproving, shall refer the same to the appropriate fire official, and to such other officers or persons as he or she may desire for their recommendations concerning the same.

(Ord. 2779, 1981; Ord. 1489 § 4(c), 1966)

If the Sheriff finds, upon receiving the recommendations of the officers and persons designated in Section 7.28.060, that the proposed location of the dance is not of such a character as to disturb the public peace or be injurious or detrimental to the public health or to good morals, that the applicant and the person to be in immediate charge of the dance are of good moral character, that the conducting of the dance in the proposed location will not disturb the peace and quiet of any considerable number of persons residing in the vicinity thereof, and that the conducting of the dance at such location will not violate any ordinance of the County of Monterey, he or she shall approve the application; otherwise the Sheriff shall disapprove the application.

(Ord. 2779, 1981; Ord. 1489 § 4(d), 1966)

A. The Sheriff is authorized and directed to attach such conditions to his or her approval of the application and the issuance of the permit as he or she deems necessary to protect the health, safety and general welfare of the community and the persons attending the dance.

B. Such conditions may include, but need not be limited to, the carrying of public liability insurance and the employment of special police, separation of bar from dance floor and the maximum number of persons permitted to attend the dance.

C. If the Sheriff determines that special police shall be employed to maintain order at the dance, the Sheriff may condition his or her approval on the engagement by the applicant of a specific number of Deputy Sheriffs or a specific number of persons duly licensed or registered under Chapter 11 of Division 3 (commencing with Section 7500) of the Business and Professions Code to attend the dance. Application and payment for Deputy Sheriffs therefor shall be in accordance with the provisions of Chapter 2.76. The applicant must make his or her own arrangements for payment of other than Deputy Sheriff's.

D. The Sheriff may from time to time review the matter and may increase or decrease the number of Deputy Sheriffs or other persons to attend and keep order. If the Sheriff determines that a change in the number of deputies or other persons is necessary to keep order, he or she shall give the applicant five days notice of the change in writing at the address listed on the application. The applicant shall comply with said notice.

(Ord. 2779, 1981; Ord. 2063, 1975; Ord. 1489 § 4(e), 1966)

A. Upon approval by the Sheriff of the application, and compliance by applicant with such conditions as the Sheriff may have attached to his or her approval, the Clerk of the Board shall issue the permit.

B. The permit shall include:

1. The name and address of the permittee;

2. The name and address of the person or persons to be in immediate charge of the dance;

3. The place where the dance is to be held;

4. The maximum number of persons who may attend the dance at any one time;

5. The expiration date of the permit.

(Ord. 2779, 1981; Ord. 1489 § 4(f), 1966)

Any person whose application has been disapproved by the Sheriff or who objects to any condition imposed by the Sheriff shall have the right to appeal to the Board of Supervisors by filing a written notice of appeal with the Clerk of the Board within ten (10) days after action by the Sheriff. The Board of Supervisors shall, within thirty (30) days, act upon the appeal and may affirm, modify, or overrule the action of the Sheriff. The decision of the Board of Supervisors shall be final.

(Ord. 2779, 1981; Ord. 1489 § 5, 1966)

Whenever it appears to the satisfaction of the Sheriff that the holder of a permit under the provisions of this Chapter is an unfit or improper person to manage or conduct a public dance, or whenever it appears to the satisfaction of the Sheriff that the place where the dance is located, the conducting or the carrying on thereof would be injurious or detrimental to the public health, safety, morals, or welfare, or whenever any holder of a permit to conduct a public dance has been convicted of the violation of any of the provisions of this Chapter, or if an agent, servant or employee of the permit holder in the conducting of any such public dance is convicted of the violation of any of the provisions of this Chapter, then in that event the Sheriff shall report his or her determination to the Board of Supervisors who may, after notice of the permit, revoke any permit.

(Ord. 2779, 1981; Ord. 1489 § 6, 1966)

It is unlawful for any person to conduct a public dance between the hours of two a.m. and six a.m., and it is unlawful for any person to participate in or be present at a public dance between said hours.

(Ord. 2779, 1981; Ord. 1489 § 7, 1966)

It is unlawful to conduct a public dance at which any person is to or does receive, directly or indirectly, compensation in any form for participating as a dance partner with any patron of the dance.

(Ord. 2779; Ord. 1489 § 8, 1966)

It is unlawful for any person conducting a public dance to admit or permit to remain at the dance a greater number of persons than specified on the permit issued under this Chapter.

(Ord. 2779, 1981; Ord. 1489 Section 9, 1966)

The holder of a public dance permit shall keep the dancehall in a clean, healthful and sanitary condition at all times, and have the stairways and other passages and all rooms and places connecting with such dancehall at all times open, adequately lighted and properly ventilated, during the hours the dancehall is open for business.

(Ord. 2779, 1981; Ord. 1489 § 10, 1966)