Poway Municipal Code Art. I Dances and Dancehalls

For the purposes of this article, the following definitions shall apply:

A.

“Alcoholic beverage”

means an alcoholic beverage, or beverages, as that term is defined in the Alcoholic Beverage Control Act, California Statutes of 1935, page 1123, as amended.

B.

“Public dance”

means any such dance held or given in any place not a private residence or home.

C.

“Public dancehall”

means any room, place, or space, except a private residence or home, where dancing is carried on or permitted.

(CC § 21.201; Ord. 29 § 1, 1981)

The requirements of this article are not applicable to any City park which closes at or before 9:00 p.m.

(CC § 21.201.5; Ord. 29 § 1, 1981)

The procedure to follow, except as otherwise provided in this article, in obtaining a license is that set forth in the uniform licensing procedure, set out in Chapter 5.04 PMC.

(CC § 21.202; Ord. 29 § 1, 1981)

No license issued pursuant to the terms of this article shall authorize the conducting, operating or carrying on of the licensed business save at a single location and upon individual premises as described in said license.

(CC § 21.203; Ord. 29 § 1, 1981)

For the licensing purposes of this article, premises or establishments whereon or wherein any public dancehall or public dance is maintained, conducted, carried on or permitted, are classified and required to be licensed as follows:

A. A class “A” license shall be required where there is daily or nightly dancing.

B. A class “B” license shall be required where there is dancing not to exceed three days or nights in any calendar week.

C. A class “C” license shall be required when dancing is conducted one night or one day only.

D. A class “D” license shall be required where dancing is conducted in a bona fide club; the term “club” as used in this subsection means and includes only corporations or associations created by competent authority, which are the owners, lessees or occupants of premises operated solely for objects of national, social, fraternal, patriotic, political, or athletic nature, membership in which is by application, and for which regular dues are charged, and the advantages of which said club belong to all members, and the operation of which is not primarily for pecuniary gain.

(CC § 21.204; Ord. 29 § 1, 1981)

In addition to the reasons stated in the uniform licensing procedure, set out in Chapter 5.04 PMC, the Issuing Officer shall have the power to deny any application if it appears that the applicant, or the person to have direct management of the premises, is not a suitable or proper person to carry on the business for which the license is sought, or if the premises proposed to be used in the conduct of the business to be licensed shall be deemed not to be a suitable or proper place therefor, or if the protests and objections of private residents in the immediate vicinity of the premises proposed to be licensed, or if the health, welfare or public morals of the community, warrant such denial. The Issuing Officer may allow the license upon such conditions as he determines would cure the situations which would otherwise result in denial of the license.

(CC § 21.209; Ord. 29 § 1, 1981)

All class “C” licenses shall expire at 2:00 a.m. of the calendar day following the date of issue. Applicants may state in their applications the date on which they desire to have the license issued. Such license shall not be renewed, but a new application must be filed with the Issuing Officer to obtain a new license.

(CC § 21.211; Ord. 29 § 1, 1981)

The fees for licenses issued pursuant to the terms of this article shall be payable in advance, and for several types of classes of license provided in this article the fees shall be established by City Council resolution from time to time.

(CC § 21.212; Ord. 29 § 1, 1981; Ord. 683 § 4, 2008)

It is unlawful for any person to carry on, or conduct, or assist in carrying on, maintaining or conducting any public dancehall or dance in connection with any business or place where alcoholic beverages are sold or served, in any room, place or space which does not contain a floor space allocated to dancing.

(CC § 21.215; Ord. 29 § 1, 1981)

In the event that any licensee desires to change the individual designated in the license as the person to have direct management of the licensed premises he shall forthwith notify the Licensing Officer, proposing the name of the person to be substituted in the management and control of the licensed premises. The person so proposed shall be investigated by the Licensing Officer. If such a person is of satisfactory character, the Licensing Officer may consent to such changes. In the event that such person is not of satisfactory character, the license may be suspended by the Licensing Officer, in his discretion, pending the proposal of some other person of satisfactory character.

(CC § 21.216; Ord. 29 § 1, 1981)

It is unlawful for any owner, proprietor, manager, or the person in charge of any place licensed under the provisions of this article, or for any employee of such place at any time when alcoholic beverages are actually on sale or are being offered free in said place, to harbor, admit, receive or permit to be in, or remain in or about such place during the time when dancing is actually being carried on or conducted or permitted, any person under the age of 21 years unless such person is accompanied by his or her parent, spouse, or legal guardian; provided, however, that the forgoing provisions shall not prohibit the entry of such persons into any dining room located in or upon premises occupied by an inn or hotel of 20 or more rooms and actually maintained and operated as a bona fide part of such hotel business; provided, however, that nothing in this article shall be construed so as to prevent minors from attending any public dance or being in any public dancehall or place where alcoholic beverages are not sold or given away, and; provided further, that nothing in this article shall be construed to prevent the holder of any license issued under this article from closing his bar and permitting minors to dance in such hall or place during such time as no alcoholic beverages are on sale or offered without charge therein. In the event that any place or hall licensed under this article is used for a public dance at which minors are allowed to attend, all alcoholic beverages must be under lock and key so that no person except the owner or his agent shall have access thereto.

(CC § 21.217; Ord. 29 § 1, 1981)

Notwithstanding the provisions of PMC § 5.12.110 or any other provisions of this code, no person under the age of 18 years shall attend any place or hall licensed under this article to be used for a public dance unless said person is accompanied by his or her parent, spouse, or legal guardian.

(CC § 21.217.1; Ord. 29 § 1, 1981)

It is unlawful for any person under the age of 21 years falsely to represent himself or herself as being of the age of 21 years or more for the purpose of obtaining admission to any premises licensed under the provisions of this article.

(CC § 21.218; Ord. 29 § 1, 1981)

A. It is unlawful for the owner, proprietor, manager or person in charge of any place licensed under this provisions of this article, or for any employee of such place, to harbor, admit, receive, or permit to be on or remain in or about such place, any intoxicated or boisterous person, or any person whose presence or conduct tends to corrupt the morals of any other persons present, or whose conduct or presence tends to create a violation of any of the provisions of this article.

B. It is unlawful for any of the following persons to be or remain in or about any place licensed under the provisions of this article:

1. Any lewd or dissolute person of either sex;

2. Any drunken or boisterous person or any person whose conduct while present in said place tends to create violation of any of the provisions of this code, or of any law of the State, or which tends in any way to corrupt the good morals of any person or persons attending said dancehall, or in any way interferes with the proper management and control of said dancehall.

(CC § 21.219; Ord. 29 § 1, 1981)

Boisterous conduct and profanity is unlawful in dancehalls, in the hallways leading thereto, and in the immediate vicinity of the premises licensed under the provisions of this article. It is unlawful for any person in such dancehalls to engage in any dance of an immoral, obscene or vulgar character or to conduct himself or herself in an immoral, obscene or vulgar manner in such dancehalls.

(CC § 21.220; Ord. 29 § 1, 1981)

It is unlawful to provide or permit any music, dancing, or entertainment in or about any premises licensed under the provisions of this article between the hours of 2:00 a.m. and 11:00 a.m.

(CC § 21.222; Ord. 29 § 1, 1981)

No license shall be granted under the provisions of this article unless the hall or place in which said dance is to be held shall comply with this code and regulations of the City. The holder of such license shall keep such dancehall, hallways leading thereto, and the immediate vicinity in a clean and sanitary condition at all times, and have all stairways, hallways, other passages, and rooms connected with such dancehall at all times open, adequately lighted and properly ventilated.

(CC § 21.223; Ord. 29 § 1, 1981)

It shall be the duty of every owner, lessee, proprietor, manager or occupant of any hall, room, building or place licensed under the provisions of this article to have present at all times, when dancing is carried on in such hall, room, building or place, a qualified person or persons whose duty it shall be to see that the provisions of this article are lawfully carried out; provided, that the foregoing shall not apply where dancing is carried on or permitted under a class “D” license as defined in this article, and where no alcoholic beverage is sold, served or consumed on the premises so licensed.

(CC § 21.224; Ord. 29 § 1, 1981)

Any peace officer of the City or the State, or any officer of the United States Government charged with the duty of enforcing the public laws of the United States Government, shall have free access at all times to any dancehall licensed under the provisions of this article.

(CC § 21.225; Ord. 29 § 1, 1981)

For any violations of the provisions of this article or for any cause by it deemed sufficient, the Licensing Officer may at any time, by resolution, suspend or revoke any license under the terms of this article.

(CC § 21.226; Ord. 29 § 1, 1981)