Chapter 5.48 — PUBLIC DANCING, DANCE HALLS AND DANCE CLUBS

As used in this chapter:

"Charge admission" means the demand and receipt of a tangible benefit, monetary or otherwise, which is a motivating influence for admission to the party. Customary courtesies and clearly non-commercial activity such as gifts by guest, sharing of expenses for dinner and beverages, or reciprocal hospitality, shall not be considered to be a charge for admission. Charge admission shall not include a donation for a political, community service, charitable or religious purpose.

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

"Dancing club" means any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests more often than once per month.

"Director" means the City Manager or designee.

"Party" means a group of persons meeting together for social, recreational or amusement purposes.

"Private room" or "booth" means and includes any room, booth, alcove or enclosure any part of which is not clearly visible at all times from the main dance floor located upon the same floor upon which such private room or booth is located.

"Public dance" means a gathering of persons in or upon any premises where dancing is participated in either as the main purpose for such gathering or as an incident to some other purpose, and to which premises the public is admitted.

"Public dance hall" means a place where dancing is conducted, whether or not for profit, and to which the public is admitted with or without charge, or at which the public is allowed to participate in the dancing, either with or without charge.

"Teenage dance" means a public dance or club dance for minors between the ages of 13 and 19 years of age to which no person 21 years of age or over, or under 13 years of age, is admitted as a participant, and at which no alcoholic beverage is served, sold or permitted. (Prior code § 5-19.1; Ord. 21-1722 § 2)

No person shall conduct or assist in conducting any public dance hall, dancing club, or any public dance except in strict accordance with a permit to do so, issued by the Director and in full force and effect. Every permit shall expire one year from the date of issuance. (Prior code § 5-19.2; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

The following shall be exempt from the requirement of a permit by this chapter:

• A. Any public agency;

• B. Any restaurant, bar, cocktail lounge or similar commercial establishment limiting public dancing to a clearly-marked area not exceeding 100 square feet of floor space.

• (Prior code § 5-19.3; Ord. 21-1722 § 2)

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City of Norwalk, CA

NORWALK CODE

§ 5.48.040

§ 5.48.070

Every application for a permit shall be in writing, on a form provided by the City, and shall set forth the following facts:

• A. The name and residence of the applicant or applicants, and if any applicant is a partnership, the names and residences of the partners; if any applicant is an association, the name and residences of the principal officers; and if an applicant is a corporation, the names and residences of the principal officers and directors;

• B. The place for which the permit is desired or in which any dance or dances are to be held;

• C. The number, dates, times of the dances to be held under the license;

• D. A description of the physical facilities and uses of the building within which the dances are to be held, designating the portions of the building and facilities to be utilized by the persons attending such dances;

• E. A statement as to whether alcoholic beverages are to be served or permitted upon the premises, and if so, the type and provisions for dispensing the same;

• F. The nature of any special policing or chaperoning of the dances;

• G. Whether the application is for a new permit or for the renewal of an existing permit;

• H. Such other matters as shall be required by the Director.

The Director shall transmit every application for any license under this chapter to the Sheriff for an investigation and report on the applicant.

(Prior code § 5-19.4; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

No permit shall be issued by the Director except upon a reasonable showing that the facilities proposed to be utilized are suitable for such purpose, that the sponsors or applicants are of good character and reputation, that the requirements of this chapter and of all applicable ordinances of the City, and the conditions of the permit will be observed, and that the issuance of the permit will not be contrary to the public interest.

(Prior code § 5-19.5; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

No permittee, or the agents, officers or employees if any permittee, shall violate or fail to observe, or permit the violation of or failure to observe any provision or condition of a permit issued by this chapter.

(Prior code § 5-19.6; Ord. 21-1722 § 2)

Any permit issued under the terms of this chapter may be revoked or suspended at any time by the Director, after public hearing, due notice of which shall be furnished the permittee, if the Director shall find, upon evidence heard, that:

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City of Norwalk, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.48.070

§ 5.48.120

• A. The conduct of such dance hall, dance club or public dance does not or will not comport with the public peace, safety or general welfare for any reason; or

• B. Such dance hall, dancing club or public dance has been conducted in an illegal, improper or disorderly manner; or

• C. The permittee or person or persons in charge of such dance hall, dancing club, or public dance has violated or permitted the infraction of any law of the State or any provision of this Code in conducting such dance hall, dancing club or public dance or in conducting any activity closely related thereto; or

• D. The conditions of the permit have been materially or repeatedly violated; or

• E. Any condition or fact exists which would, if known at the time of the issuance of the permit, have been grounds for denying the permit.

(Prior code § 5-19.7; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

Notice of denial, suspension or revocation of the permit by the Director shall be served by the Director upon the applicant or permittee, either in the manner required by law for the service of summons, or by registered or certified mail, return receipt requested. (Prior code § 5-19.8; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

An appeal may be made to the City Council from any decision or determination of the Director with regard to the issuance, suspension or revocation of dance permits and the City Council shall exercise the same discretion, powers and authorities as are vested in the Director upon applications in the first instance. Such appeal shall be filed with the City Clerk within 15 days following the service upon the applicant or permittee of a notice of denial, suspension or revocation of permit.

(Prior code § 5-19.9; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

Upon receipt of a written appeal from the applicant or permittee, as provided in Section 5.48.090, the City Clerk shall schedule a hearing before the City Council at the earliest practicable date and shall give notice of the time and place of hearing to the applicant or permittee in the same manner prescribed in Section 5.48.090.

(Prior code § 5-19.10; Ord. 21-1722 § 2)

Every permit and the current renewal shall be posted in a conspicuous place on the premises where the dance for which the permit is issued is conducted, and shall remain so posted during all of the time dancing is taking place. (Prior code § 5-19.11; Ord. 21-1722 § 2)

No minor person under 18 years of age shall attend or dance at any public dance or club dance

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City of Norwalk, CA § 5.48.120

NORWALK CODE

§ 5.48.170

unless accompanied by:

• A. His or her spouse; or

• B. His or her parent; or

• C. His or her guardian; or

• D. An adult member of his or her immediate family, with the knowledge and consent of the parent of such minor.

Every parent or guardian of a minor under 18 years of age, and the proprietor or person in charge of any public dance or club dance, or any dance hall, shall prevent any such minor person from attending or dancing at any such dance unless so accompanied.

(Prior code § 5-19.12; Ord. 21-1722 § 2)

The prohibitions of Section 5.48.120 do not prohibit a minor person under the age of 18 years from being in a bona fide hotel, cafe or other place where meals are regularly served and where a public dance is being held, without such accompaniment; provided that, such minor does not participate in the dancing.

(Prior code § 5-19.13; Ord. 21-1722 § 2)

The prohibitions of Section 5.48.120 do not apply to:

• A. Any dancing school, duly licensed and registered, where classic dancing is the principal subject taught;

• B. Any teenage dance for the holding of which a permit has been granted pursuant to Sections 5.48.030 through 5.48.390 inclusive and which is conducted in full compliance with the provisions of the sections, and of the permit.

(Prior code § 5-19.14; Ord. 21-1722 § 2)

A permittee or person who conducts or assists in conducting any such dance or any dance hall shall not permit any intoxicated person or persons in an intoxicated condition to appear, be or remain at such place while any such dance is in progress.

(Prior code § 5-19.15; amended during 1999 codification; Ord. 21-1722 § 2)

No person shall conduct or assist in conducting any public dance, public dance hall or club dance between the hours of 2:00 a.m. and 10:00 a.m. in any day, unless particularly allowed by the terms of a permit issued by this chapter. (Prior code § 5-19.16; Ord. 21-1722 § 2)

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City of Norwalk, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.48.170

§ 5.48.220

No permit shall permit or allow any person under the age of 21 years to be in any public dance hall or at any public dance or club dance when alcoholic beverages are sold or served, either in bulk or by the drink, in the building or on the premises where such public dance hall is situated, except when such person is accompanied by:

• A. His or her spouse over 21 years of age; or

• B. His or her parents; or

• C. His or her guardian; or

• D. An adult member of his or her immediate family, with the knowledge and consent of a parent of such minor, unless the person or body issuing such permit shall find that adequate precautions have been or will be taken to prevent access to such areas by such minors.

• (Prior code § 5-19.17; Ord. 21-1722 § 2)

Deputy Sheriffs, in addition to their several other duties, shall regularly inspect any and all dance halls, and shall report any infractions of law or of any permit issued by this chapter to the Director.

(Prior code § 5-19.18; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

The Sheriff, his or her Deputies, the Director, his or her Deputy and the City Attorney, when properly identified, shall be admitted free of charge to any dance hall for the purpose of inspection of the premises or of the activities conducted there. (Prior code § 5-19.19; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

A permittee, his or her agents or employees, or other person, shall not readmit into any public dance or public dance hall any person who has left such dance or dance hall unless either:

• A. An admission charge not less than that charged to patrons entering such public dance or public dance hall for the first time is again paid; or

• B. The permit specifically provides that such readmission may be allowed without further payment.

(Prior code § 5-19.20; Ord. 21-1722 § 2)

Every person conducting any club dance, public dance or public dance hall, who owns, operates or controls any parking lot adjacent to such club dance, public dance or public dance hall and used in connection with the club dance, public dance or public dance hall, shall uniformly light such parking lot. Such light shall be sufficient to permit the reading of a clean automobile license plate at a distance of 15 feet, or, in the alternative, shall be not less than one footcandle. (Prior code § 5-19.21; Ord. 21-1722 § 2)

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City of Norwalk, CA

NORWALK CODE

§ 5.48.220

§ 5.48.270

At every public dance and public dance hall having a capacity in excess of 200 persons, not less than one adult employee, 21 years or older, for the first (200) persons, and an additional adult employee 21 years or older, for each additional 100 persons who could be accommodated, whether actually present or not, shall be constantly in attendance during the entire time that any dance is in progress. Such employees shall devote their entire time and attention to keeping order, and shall display appropriate identification of their official or order-keeping status.

They shall check the admission and presence of minors, and shall see that all provisions of this chapter are complied with.

(Prior code § 5-19.22; amended during 1999 codification; Ord. 21-1722 § 2)

Whenever a public dance is held at which alcoholic beverages of any kind are sold, served or permitted, not less than one uniformed employee shall be employed as a parking lot custodian for each 50 or less parking spaces provided for those attending such dance, which employee or employees shall be continuously on duty at such parking lots between the hours of 10:30 p.m. and 2:30 a.m., unless the permit waives or modifies this requirement. (Prior code § 5-19.24; Ord. 21-1722 § 2)

Whenever, upon notice and hearing as required by this chapter, the Director or the City Council shall determine that music or noise from any dancing club, public dance or public dance hall, caused by the operation of any loudspeaking system, public address system, or other method of amplifying music, speech or sound, so interferes with the peace and quiet of a substantial number of persons dwelling in the vicinity so as to deprive them of the reasonable enjoyment of their property, the Director may suspend the permit of or for such club, dance or dance hall until the offending premises are soundproofed in a manner that in the judgment of the Director will be effective to eliminate the interference of which complaint is made, or other measures, deemed adequate by the Director to eliminate such interference, have been taken. (Prior code § 5-19.25; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

The City Council may, from time to time, adopt rules governing public dance halls, public dances and dancing clubs, which shall, upon their adoption, be made a part of each permit. (Prior code § 5-19.26; Ord. 21-1722 § 2)

Except as specifically otherwise provided in this chapter, all of the provisions of this chapter apply to teenage dances.

(Prior code § 5-19.27; Ord. 21-1722 § 2)

If a permit is issued for a teenage dance pursuant to this chapter, and such dance is conducted in full compliance with the provisions of this chapter, a minor over the age of 13 years of age may

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City of Norwalk, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.48.270

§ 5.48.350

attend such dance unaccompanied. (Prior code § 5-19.28; Ord. 21-1722 § 2)

A minor under 13 years of age shall not attend any teenage dance. (Prior code § 5-19.29; Ord. 21-1722 § 2)

A person 21 years of age or over shall not attend any teenage dance. This chapter does not prohibit the attendance of bona fide chaperons or sponsors. (Prior code § 5-19.30; Ord. 21-1722 § 2)

Not more than 20% of the total number of persons admitted as participants to any teenage dance may be over 19 years of age.

(Prior code § 5-19.31; Ord. 21-1722 § 2)

A permit for a teenage dance shall be issued only to a responsible adult or adult sponsoring group approved by the Director.

(Prior code § 5-19.32; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

Before a permit for a teenage dance is issued, the Director shall obtain a report from the Fire Department, including a statement as to the maximum number of persons who may safely be allowed within the premises proposed to be utilized. (Prior code § 5-19.33; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

A permit for a teenage dance shall specify the maximum number of persons who may be in the premises. This number shall not exceed the maximum number specified by the Fire Chief in his or her report.

(Prior code § 5-19.34; Ord. 21-1722 § 2)

A teenage dance shall not be conducted for private profit, unless so allowed by the terms of a permit.

(Prior code § 5-19.35; Ord. 21-1722 § 2)

A permit shall not be issued to conduct a teenage dance in or on any premises in or on which any alcoholic beverages are sold unless all facilities for such sale are securely locked during the entire time that such dance is in progress, and the applicant satisfies the Director that such facility

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City of Norwalk, CA

NORWALK CODE

§ 5.48.350

§ 5.48.400

shall be so locked and that under no condition will any alcoholic beverage be sold, served or permitted to be consumed on the premises during the time such teenage dance is being held. (Prior code § 5-19.36; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

If the admission is charged, a permittee shall not readmit or permit the readmission of any person into a teenage dance, whether such teenage dance is a public dance or club dance, unless an admission charge not less than the original admission charge is paid. Any permit for a teenage dance shall contain such a provision.

(Prior code § 5-19.37; Ord. 21-1722 § 2)

A permit shall not be issued for any teenage dance if any parking lot adjacent to the teenage dance which is available for use during such dance is not lighted to an intensity of at least one foot-candle. This section does not require that a parking lot be available. (Prior code § 5-19.38; Ord. 21-1722 § 2)

The fee for a permit for nonprofit dance shall be $5 which sum may be waived by the Director. No fee shall be charged for any nonprofit teenage dance permit. The fee for a permit for a public dance at any commercial establishment shall be $5 for each day on which dancing is permitted, but not more than $250 per calendar year.

(Prior code § 5-19.39; Ord. 1509 § 6, 2000; Ord. 21-1722 § 2)

No permit issued by this chapter shall be valid for a period exceeding one year from the date of issuance. Applications for renewal shall be made in the same manner and procedure, and subject to the same rules as are applicable in this chapter for applications for an original permit, and subject to the same deposits and fees.

(Prior code § 5-19.40; Ord. 21-1722 § 2)

No person shall charge admission to any party conducted in a residential zone. (Prior code § 5-19.41; Ord. 21-1722 § 2)

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City of Norwalk, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.52.010

§ 5.52.030