Pomona Municipal Code § 30-468 Appeal of revocation

Any person who carries on, conducts, holds, or manages a public dancehall, public dance, public dancing place or dancing academy shall first file an application with the business license division in the manner set forth in this division and shall be issued a license before commencing operations.

(Code 1959, § 23-3; Ord. No. 1567, § 1)

Any person or his duly authorized representative who applies for a license to carry on, conduct, hold or manage a public dancehall, public dance, public dancing place or dancing academy shall file an application in triplicate with the business license division signed under oath setting forth the following:

(1) The nature and type of operation.

(2) The location.

(3) The dates of operation.

(4) A statement that all sections of this Code, city ordinances and state codes will be complied with and the rooms used for dancing will be properly lighted.

(Code 1959, § 23-4; Ord. No. 1567, § 1)

The business license division, upon receipt of the completed application for the license required under this division and payment of the correct license fee, shall transmit one copy of the application to the chief of police and one copy to the fire chief. Upon receiving notice from the chief of police and the fire chief of approval, the business license division shall issue the license as applied for.

(Code 1959, § 23-5; Ord. No. 1567, § 1)

(a) The chief of police shall approve the issuance of the permit required under this division if he determines the general welfare of the community will not be injured. In determining whether or not the general welfare of the community will be injured, he shall take into account the reputation of the person applying for the license and whether or not the applicant has a criminal record and, if so, the number and nature of any violation of law occurring at or in the vicinity of any dancing activity conducted by the applicant in the city prior to such consideration. He is also to consider the location and time where and when dancing is proposed to be held. No approval may be granted by the chief of police if the applicant or any person interested in or having any control of any part of the management of such dancing activity has been convicted of a felony or misdemeanor involving moral turpitude or any act of violence, except the city council may waive this restriction upon appeal for good cause.

(b) The fire chief shall grant approval of the application if the location at which the dancing activity is to be conducted complies with all applicable sections of this Code, city ordinances and state codes under his jurisdiction.

(Code 1959, § 23-6; Ord. No. 1567, § 1)

If the police chief or fire chief disapproves the application for the license required under this division, the business license division shall notify the applicant at once of the applicant's right of appeal to the city council. The applicant may petition the council in a written statement setting forth all the facts upon which the petitioner relies, his name and address and a request for relief from the action of the police chief or fire chief. A copy of the statement shall be directed to the police chief or fire chief and the original filed with the business license division. The business license division shall notify the council, who shall set a date of hearing upon the matter. The hearing date shall be set within 21 days of filing the appeal. The business license division shall give written notice to the petitioner and the chief of police or fire chief of the hearing date, ten days prior to the hearing date. The decision of the council shall be rendered within 14 days after the hearing, and the decision shall be final.

(Code 1959, § 23-7; Ord. No. 1567, § 1)

The fees for a license to conduct any dancing activity shall be payable in advance under the rates set by resolution of the city council.

(Code 1959, § 23-10; Ord. No. 1567, § 1; amended during 6/90 supplement; amended during 6/91 supplement; amended during 9/92 supplement; amended during 9/93 supplement; amended during 6/94 supplement; amended during 6/95 supplement; amended during 6/96 supplement; amended during 6/97 supplement; amended during 6/98 supplement; amended during 6/99 supplement; amended during 6/00 supplement; amended during 6/01 supplement; amended during 1/07 supplement)

If any person holding a license issued under this division shall violate any section of this article or shall permit or allow any illegal or disorderly conduct in or near a place where dancing is held, the chief of police may revoke or condition such license by giving written notice of the revocation or condition to the holder of such permit 72 hours before the effective hour of such revocation.

(Code 1959, § 23-8; Ord. No. 1567, § 1)

If the license required by this division is revoked, the procedure for appeal shall be that set forth in section 30-465.

(Code 1959, § 23-9; Ord. No. 1567, § 1)