Mountain View Municipal Code Art. III Dances

This article shall be known and may be cited as the "Dance Regulations" of the city.

(Ord. No. 175.830, 11/26/62.)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:

Civic dance. "Civic dance" is any dance or dance course conducted or sponsored by the city or any recognized school or governmental agency.

Dance school. "Dance school" is a place or studio where instructions and lessons in dancing are given to regularly enrolled students for the payment of a fee where no alcoholic beverages are sold on the premises and a bona fide list of the regularly enrolled students is maintained at all times.

Private dance. "Private dance" is a dance which is limited to those persons individually invited to which no admission charge is made or a dance conducted by a bona fide club, society or association, organized or incorporated for benevolent, charitable, dramatic, literary or dancing purposes, having an established membership and which holds meetings other than such dances at regular intervals and when the proceeds, if any, of such dance are used for the purposes of such club, society or association.

Private dance, juvenile. "Private dance, juvenile" is any private dance which is designed primarily for or permits the participation of persons under the age of eighteen (18) years.

Public dance. "Public dance" is a dance open to the public for an admittance fee or charge and which is held on one day only.

Public dance, juvenile. "Public dance, juvenile" is any public dance which is designed primarily for or permits the participation of persons under the age of eighteen (18) years.

Public dance hall. "Public dance hall" is a place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance, which place is so open at regular intervals or on regular days of the week.

Public dancing place. "Public dancing place" is a place where music is provided or permitted and the public is invited or permitted to dance without payment of a fee and which is operated incident to any other business activity conducted on the premises.

Taxi dance hall. "Taxi dance hall" shall include any place where women dancing partners are employed directly or indirectly or in which such women employees are permitted or allowed to dance.

(Ord. No. 175.830, 11/26/62.)

No person, either as employer or employee, shall conduct, operate or permit to be operated a private dance, private dance juvenile, public dance, public dance juvenile, public dance hall, public dancing place or taxi dance hall without first procuring a permit from the chief of police and paying the fee required by Sec. 26.29 therefor. Any permit issued pursuant to the provisions of this article shall be posted in a prominent place at all times.

(Ord. No. 175.830, 11/26/62.)

The application for a permit referred to in Sec. 26.21 shall be filed with the chief of police at least forty-eight (48) hours in advance of any date for which the applicant seeks to conduct or operate a dance and in addition shall state the names and addresses of all persons interested in the activity as a business venture or the names and addresses of all officers of the organization proposing to conduct the same, the date or days, the place and the hours when the same is proposed to be conducted or operated and the admission fee to be charged, if any, and such other information as the chief of police shall consider relevant.

(Ord. No. 175.830, 11/26/62.)

The chief of police, upon receipt of an application to conduct or operate a private dance, public dance, public dance hall, public dancing place or taxi dance hall, shall request the fire department to inspect the premises proposed to be used for dancing purposes. The fire department shall investigate such premises to determine whether the requirements hereinafter set forth in Sec. 26.32 have been met and shall then inform the chief of police of its findings. If the fire department finds that the requirements of Sec. 26.32 have not been met, the chief of police shall thereupon refuse issuance of a permit. If the fire department finds that the requirements of Sec. 26.32 have been met, the chief of police shall thereupon cause an investigation to be made of the person or persons applying for the permit.

No permit shall be issued if the applicant or any person interested in or having any control of any part of the management of the dance or activity has been convicted of a crime involving moral turpitude or any act of physical violence or has, on previous occasion, violated any provision of this article.

In no event shall the chief of police issue a permit where he has reason to believe that a disturbance of the peace will probably result or that the public health, safety, welfare or morals will be endangered thereby.

Following the investigation, the chief of police shall consider the items and standards for granting a permit, as hereinabove set forth, and in conformity thereto shall grant or deny the permit and shall forthwith notify the applicant of his action.

Any permit granted by the chief of police may be subject to such reasonable conditions as he deems necessary to safeguard the public health, morals, safety and welfare.

(Ord. No. 175.830, 11/26/62.)

All permits hereafter issued and renewals thereof, to operate a public dance hall, a public dancing place or a taxi dance hall shall expire on the January 1 following issuance or renewal, and may be renewed annually thereafter upon payment of the annual fee prescribed in Sec. 26.29.

(Ord. No. 21.76, 3/29/76.)

The public dance permit fees required by this article shall be in addition to any other fees required by law or ordinance of this city. Such permit fees, which are imposed to cover the cost of investigation of the applicants, inspection of the premises proposed to be used and issuance of the permit, shall be as established by council resolution.

(Ord. No. 175.830, 11/26/62; Ord. No. 26.91, 12/10/91.)

Any permit issued pursuant to this article may be permanently revoked or suspended for a period not to exceed six (6) months by the chief of police if he finds:

a. The permittee has permitted or allowed any illegal, improper or disorderly conduct.

b. Frequent disturbances of the peace have occurred at the location for which the permit was issued.

c. The conditions of the permit have not or are not being complied with.

d. All other laws or ordinances of the city have not or are not being complied with.

(Ord. No. 175.830, 11/26/62.)

Prior to the revocation, suspension or conditioning of any permit granted under the terms of this article, the chief of police shall give written notice to the permittee at least forty-eight (48) hours prior to the effective hour of the revocation, suspension or conditioning and shall allow the permittee an opportunity within such time to appear before him and show cause, if any there be, why such permit should not be revoked, suspended or conditioned.

After giving the permittee an opportunity to be heard and to present evidence in his behalf, the chief of police shall thereupon inform the permittee of his decision, which shall be final.

(Ord. No. 175.830, 11/26/62.)

The following requirements shall apply to all premises for which a permit is required under the terms of this article:

a. The premises must have or contain a suitable area set aside and reserved for dancing purposes exclusively.

b. Adequate means of ingress and egress must be provided.

c. Lighting adequate to permit identification of persons on the dance floor from a distance of at least ten (10) feet must be maintained at all times.

d. All laws and ordinances of this city shall be complied with.

(Ord. No. 175.830, 11/26/62.)

No person conducting, operating or permitting to be operated any civic dance, private dance, public dance, public dance hall, public dancing place or taxi dance hall shall:

a. Permit or allow any intoxicated, boisterous or disorderly person to enter, be or remain in or upon the premises.

b. Shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is required by this article.

c. Permit any lewd, lascivious or obscene dancing.

d. Permit any music to be played, produced or reproduced by any instrument or device whatsoever between the hours of 2:00 a.m. and noon of any day.

e. Permit any dancing between the hours of 2:00 a.m. and noon of any day and between the hours of midnight and noon of any day for any public dance, juvenile or private dance, juvenile.

f. Fail to comply with any conditions required by the chief of police when issuing the permit.

(Ord. No. 175.830, 11/26/62.)

The chief of police may require, as a condition to the granting or continuation of the permit issued pursuant to this article, that the applicant or permittee employ one or more special officers, to be approved by the chief of police, to keep the peace and insure compliance with all laws and ordinances during all times when dancing is allowed.

Such requirement may be imposed by the chief of police whenever his investigations disclose that violations of the law have occurred previously at the same location or at a different location when conducted by the same applicant or permittee or whenever the chief of police feels that a disturbance of the peace is imminent and the presence of police officers is required to prevent the same.

All juvenile dances, excepting those sponsored by school authorities or bona fide adult organizations or clubs, shall require the attendance of one or more special officers approved by the chief of police.

(Ord. No. 175.830, 11/26/62.)