Port Hueneme Municipal Code Part L Dances

For the purpose of this Part, certain words and phrases shall be construed as set forth in this Section, unless it is apparent from the context that a different meaning is intended:

(a) "Cabaret dance" means any dance held or engaged in at any place or premises which holds Type 47 license issued by the State to sell, serve or dispense intoxicating liquor for on-sale consumption at such place or premises.

(b) "Dance" means a gathering of persons in or upon the premises where social dancing is conducted as permitted by this Part.

(c) "Private dance" means any dance which is not advertised publicly, for which no admission is charged or a gratuity accepted for admission, and to which the general public is not invited, which is held or conducted in a dwelling unit, for the purpose of celebrating or marking an occasion of interest to the persons conducting such dance.

(d) "Operator" means a person or legal entity which holds an on-sale license of the type referred to in Subdivision (a) hereof, who operates at the licensed location, a cabaret dance.

(e) "School dance" means a dance conducted as a part of the curriculum of any public or parochial school, or any dance officially sanctioned by such school, when conducted at school buildings or grounds, or other place when supervised and sponsored by school officials.

Notwithstanding any other provisions of this Code, the only dances permitted to be conducted in the City shall be:

(1) Cabaret dances, provided a conditional use permit therefor is first obtained pursuant to this Code; and

(2) Private dances; and

(3) School dances.

No person shall conduct, allow or participate in any dance in the City except those referred to in this Section. No person shall conduct or permit the conduct of a private dance in the same dwelling unit more than four (4) times in any consecutive twelve (12) month period.

Police or other security protection (hereinafter "Security") shall be provided at cabaret dances at the expense of the Operator, as shall be determined by order of the Police Chief. The nature and extent of such Security required by the Police Chief shall be based upon the nature of the dance, its location, expected attendance, and other relevant factors.

Any applicant may appeal a determination of the Police Chief regarding the nature and extent of the Security required, by a written request to the Council filed with the City Clerk. The applicant shall pay a filing and processing fee in an amount as set by Resolution, contemporaneously with filing of such written request.

At the option of the applicant, uniformed private patrol personnel who are regularly employed by a private patrol, licensed to do business in the City, may be utilized to provide such required Security.

The following regulations shall be complied with as to all Cabaret Dances:

(a) The dance floor area shall be plainly marked and designated exclusively for a dancing area. No dancing shall be permitted except in the marked dancing area.

(b) During hours during which dancing is permitted no portion of the dancing area shall be used for any purpose other than dancing.

(c) The dance floor area shall be not less than one hundred (100) square feet, and not more than an amount equal to the sum of ten (10) square feet for each person permitted to occupy that area of the building under the building occupancy limits established by this Code; notwithstanding the applicable maximum occupancy limits, no dance floor area shall exceed a total of one thousand (1,000) square feet.

(d) No portion of the dance floor area shall be situated within five (5) feet of any table, chair, counter, bar or seating area (hereafter collectively referred to as "Area").

(e) No person, other than the Operator and the Operator's bona fide employees acting in the course and scope of such employment, shall possess any intoxicating liquor, unless the same has been lawfully sold, served or dispensed on the premises by a person, entity or an authorized agent, holding an on-sale liquor license of the type referred to in Subdivision (a) of Section 5193 hereof.

(f) No Operator or employee or agent of any Operator conducting, or in charge of, such dance, shall engage in dancing with any other person.

(g) No Operator or employee of an Operator shall permit any person to enter into, to be in or to remain in any place where such dance is being conducted, who is intoxicated, boisterous, or disorderly.

(h) Cabaret dances shall only be permitted to be held and conducted between the hours of 12:00 noon and 1:30 a.m. of any day.

Upon receipt by the City Clerk of a timely filed notice of appeal, appealing a decision of the Police Chief relating to the Security required, the City Clerk shall give at least ten days notice of the time and place of the appeal hearing to be conducted by the Council. At the time of such hearing, the Council shall allow the permittee, and any other interested person, to present relevant evidence relating to the issue of the nature and extent of Security required. The Council hearing shall be a de novo hearing. No appeal shall be accepted, nor shall any appeal hearing be conducted, unless the permittee whose has filed such appeal, pays a filing and processing fee in an amount as set by Council resolution.

The Council shall determine whether the appropriate level of Security required, utilizing the standards set forth in Section 5195 of this Part, and based upon the evidence presented to it at such public hearing. The decision of the Council shall be final and conclusive.

(a) Notices. Notices required to be given pursuant to this Part shall be given by personal service or by deposit of such written notice in the custody of the United States Postal Service, or the successor of such Service, postage prepaid addressed to the party to be notified at his or her last known address. Such notices shall be deemed given as of the date of personal service, or two consecutive calendar days following the deposit of such notice in the custody of the Postal Service.

(b) The Police Chief with the approval of the City Manager, is authorized to issue such administrative regulations as he deems appropriate for the purpose of implementing the provisions of this Part. Such regulations shall be deemed to be in full force and effect when the same have been approved by the City Manager.