Porterville Municipal Code Art. II License to Conduct Dances

It shall be unlawful for any person to open, establish, keep, maintain or conduct any public dance hall within the city, or to carry on or conduct or engage in the business of conducting any public dancing within the city without first obtaining a license as provided in this article. (Ord. 834 § A, 8-3-1965)

For the purpose of procuring a license required by section 11-6 of this article such person shall file an application in writing therefor with the chief of police, which application shall contain the following:

A. The name and residence of the applicant, if a natural person or persons; and the name and principal place of business of the applicant, if a corporation, together with the names and addresses of its officers.

B. The particular place and premises in such city wherein it is proposed to establish, open, conduct, maintain, or engage in the business of conducting public dancing and whether or not any alcoholic beverage will be sold or consumed on said premises and the square footage of said premises.

C. A statement that no license has been formerly issued to the applicant or applicants, or to any agent of them, and following issuance said license has been canceled or revoked.

D. The estimated average attendance the applicant or applicants expect at said dance. (Ord. 834 § A, 8-3-1965)

Upon receipt of the application set forth in section 11-7 of this article together with the license fee required by the provisions of this chapter the chief of police shall make a thorough investigation of the person or persons applying for said license and the chief of police shall deny the issuance of the license if he finds that the person or persons making application for said license are not of good moral character or if the person be a corporation, that the officers and representatives of such corporation are not of good moral character, or the premises where the public dancing is to be conducted does not comply with the provisions of any law, ordinance or regulation of any political subdivision effective within the city, or are injurious to the public health and safety; or the person or persons making application for said license have had a license forfeited, suspended or revoked under the provisions of this chapter. (Ord. 834 § A, 8-3-1965)

In the event the chief of police after completing the investigation required in this chapter finds that a license should be issued then he shall cause his findings to be submitted to the city license collector and the city license collector shall issue a license to the person or persons making said application. (Ord. 834 § A, 8-3-1965)

In the event the chief of police denies the application for a license the applicant may, within ten (10) days after receiving written notice of denial, appeal the decision with the city clerk. The city council within thirty (30) days after filing of the notice of appeal shall fix a time for the hearing of such appeal, which hearing shall be heard not less than two (2) weeks from the date of the meeting of the city council at which the time for hearing is set, and notice of such hearing shall be given by the city clerk by publication in a newspaper of general circulation published in the city. At the time fixed for hearing of such application or at such time at which such hearing may be continued by the city council, and upon proof to the satisfaction of the council that notice of such hearing was given it shall proceed with the hearing of such appeal, and if it shall satisfactorily appear to the council that the applicant has complied with all of the provisions of this chapter and that the applicant is a proper person to hold the license herein provided for, the council may, at its discretion, order the city license collector to issue said license. (Ord. 834 § A, 8-3-1965)

Any person to which a license may be issued under this chapter must pay for such license, to the license collector at the time of the issuance thereof, a fee as fixed by resolution of the city council. (Ord. 834 § A, 8-3-1965; Ord. 1046 § A, 9-18-1973)

The city council may upon its own motion and shall upon the verified complaint in writing of any person, investigate the conduct of any public dance and the council shall have the power to temporarily suspend, permanently revoke, or condition a license issued hereunder if it finds any of the following:

A. Misrepresentation of a material fact by the applicant in obtaining a license.

B. Violation of any of the provisions of this chapter.

C. Commission of any act which under this chapter would be sufficient ground for denial of an application for a license.

D. Disturbance of the peace in or about the premises for which the license was issued or permitting the peace to be disturbed in or about said premises.

E. Upon written statement made by the chief of police of the city of Porterville at a regular meeting of the city council, that such public dance or dance hall is being conducted in a manner detrimental to public health, safety or welfare.

In the event said license is temporarily suspended, permanently revoked or conditioned, the city council shall give notice to the licensee by mailing the same to the premises to which said license was issued, of said suspension, revocation or condition and it shall thereafter be unlawful for the licensee to conduct or permit to be conducted public dances on the premises to which said license was issued. Within ten (10) days of the receipt of said notice from the city council the licensee may demand a hearing on the action of the city council by filing a written demand with the city clerk. The city council at its next regular meeting shall fix a time for said hearing which shall not be less than ten (10) days nor more than thirty (30) days after the date at which the time for said hearing is fixed. At the time set for the hearing the city council shall hear all pertinent evidence relating to said license and shall either terminate the temporary suspension, revocation or condition or shall permanently suspend, revoke or condition said license. (Ord. 834 § A, 8-3-1965)

The license required by section 11-6 of this article, when issued, shall be authority to the person to whom the same has been issued, to establish, open, keep, maintain, conduct and carry on at the particular place and premises described in the application therefor, but at no other place, the business of a public dance hall, and of conducting public dancing therein, but such license shall not, nor shall any interest therein be assignable or transferable, and such license shall be valid only when held by the person to whom the same has been issued, and while the business thereunder shall be conducted and carried on at the particular place and premises described in the application therefor; provided, however, that the city council may for good cause shown, and upon personal application of the holder of such license, permit such license to be used for another suitable and proper place in the city by the person to whom such license has been issued, but this proviso shall not be construed in any way as permitting any business to be conducted in more than one place at the same time under such license. (Ord. 834 § A, 8-3-1965)

All licenses issued under this chapter shall be subject to investigation, suspension, revocation or conditioning by the city council as provided in this chapter and each license issued shall contain a statement that such license is subject to investigation, suspension, revocation or conditioning by the city council.

It shall be the duty of the licensee to post said license in a conspicuous place at the place to which said license has been issued and to keep the same posted until it expires and public dancing in said place is unlawful when said license is not so posted. (Ord. 834 § A, 8-3-1965)

All licenses issued under this chapter shall be valid only when signed by the chief of police or in his absence, the city manager. The city license collector shall keep a permanent record of all licenses issued, to whom issued and the place to which said license is issued and the expiration date of said license. (Ord. 834 § A, 8-3-1965)

No license shall be granted or issued under this chapter for a period longer than one year; provided, however, that a license may be renewed from year to year or any lesser period without the filing of a new application upon written request for renewal to the chief of police and upon payment of the fee set forth in section 11-11 of this article.

In the event the chief of police refuses to authorize the renewal of said license or within five (5) days after receipt of the written request fails to authorize the renewal of said license the person requesting said renewal may appeal to the city council in the same manner as set forth in section 11-10 of this article. The time for filing the written notice of appeal shall run from the date of denial of the chief of police or five (5) days after filing the written request for renewal whichever is the earlier. (Ord. 834 § A, 8-3-1965)

The city council may waive any provision of this chapter in the event it finds that the net proceeds of a public dance are to be used for charitable or educational purposes or if said public dance is to be conducted under the supervision and direction of school authorities. (Ord. 834 § A, 8-3-1965)