4.15 — PUBLIC DANCES

Any person desiring to open or conduct a public dance hall, or any hall, room, pavilion or place in which a public dance is to be held, or any public dance, shall first procure from the City a license to do so.

The application for a license required by this chapter shall be filed with the Finance Director at least 30 days prior to the dance or series of dances for which the license is sought. The Finance Director shall proscribe the forms and procedures for applications for a license. The forms shall indicate the fee for the application and license. The application shall be verified and shall set forth:

• a. The name and address of the applicant.

• b. If the applicant is a corporation, the name and address of the corporate officers.

• c. The name and address of the proprietor and the person to be in immediate charge of the dance.

• d. The location at which it is proposed to conduct the dance.

• e. The dates and times during which the dance or dances are proposed.

• f. Such other information as may be required by the City.

The Finance Director shall refer the application for the permit required by this chapter to the Police Chief, City Engineer and Chief Building Official for investigation and report as necessary. Upon receipt of such reports, the Finance Director shall thereafter approve such permit if he/she finds that the proprietor and the person to be in immediate charge of the dance(s) are qualified to engage in and supervise such activity, that the proposed activity at the proposed location is not of such a character as to disturb the public peace, health, safety or general welfare, and that the conducting thereof in the proposed location will not violate any provision of this Code or City ordinance; otherwise, the Administrative Services shall deny the application. The Finance Director shall act upon such application within 30 days of the submission thereof and shall notify the applicant of his/her decision by depositing notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than 10 days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in Section 4.15.018.

The Finance Director, the City Manager, or their designee may condition the issuance of a license on reasonable terms intended to promote the public health, safety, or welfare. A license issued under this chapter may be valid for up to one year.

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City of Oakley, CA § 4.15.010

OAKLEY CODE

§ 4.15.022

All applications for licenses under the provisions of this chapter shall be accompanied by an application fee. No application fee paid under this chapter shall be refunded. All licenses granted under this chapter shall also require a fee. All licenses to conduct a dance hall or series of dances issued under the provisions of this chapter shall be valid only so long as the license fee shall have been paid. All licenses shall cease and terminate 30 days after the default of payment. Any license that has terminated pursuant to this chapter shall require the filing of a new application for a permit under this chapter. No license fee paid under this chapter shall be refunded. Such fees shall be established by resolution of the City Council.

It shall be the duty of any person conducting a public dance or place where a public dance is to be conducted within the City before opening such hall or place for the purpose of conducting a public dance therein, to post in a conspicuous place therein the license for conducting the same and to keep such license posted until the expiration thereof and then to remove the same, and it shall be unlawful for any such person to conduct such public dance hall or permit any public dance to be conducted while such license is not so posted.

Licenses issued under this chapter shall not be transferable and any attempt to transfer shall render the license invalid.

Licenses issued under this chapter may be suspended or revoked by the City Manager, Finance Director, or Police Chief upon violation of any of the provisions of this chapter or when it is found by the City that the continued operation of a dance on such premises will be injurious to the health, safety, and welfare of the people of the City.

Any person aggrieved by a determination of the Finance Director or Police Chief to deny the issuance of a permit or to revoke a permit may appeal such decision to the City Manager. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within 10 days of the date of the decision to deny or revoke and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the decision to deny, suspend or revoke final. The City Manager shall set a time and place for a hearing on the appeal within 10 days of the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall be sent to the applicant or licensee. The decision of the City Manager shall be final and conclusive.

It shall be the duty of the manager of any public dance hall, or any public dance, to preserve order therein at all times and to eject from such dance hall or place where a public dance is being conducted any person disturbing the peace therein or conducting himself/herself in any disorderly manner.

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.15.022

§ 4.15.024

Any person who opens or conducts any public dance hall, or who conducts any public dance within the City, without first obtaining a license, shall be guilty of a misdemeanor.

The word "person" as used in this chapter shall include firm, corporation, club or association of persons; provided, however, that no license required by this chapter shall be required of any organization which is qualified to receive a club license under the provisions of Article 4, Chapter 3, Division 9 of the Business and Professions Code of the State or any amendment thereto, or any nonprofit social or dance club in existence for at least one year and having at least 25 adult members.

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City of Oakley, CA

§ 4.16.102

§ 4.15.024

PUBLIC HEALTH, SAFETY, AND WELFARE

CHAPTER 4.16 CARNIVALS, FAIRS AND PARADES

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.16.102

§ 4.16.108