Redwood City Municipal Code § 4.21 Appeal from Denial of Permit

Footnotes:

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Sections 4.9—4.14 were repealed by Ord. No. 1182.

It shall be unlawful for any person to conduct or operate a public dance, to permit dancing by the public in any establishment operated by such person and open to the general public or to sell tickets for any public dance unless either a public dance permit or a yearly public dance permit is first secured pursuant to this Article.

A "public dance permit" shall be required in order to conduct a public dance on a specific date.

A "yearly public dance permit" shall be required in order to conduct public dances on a regular basis at one location.

(Ord. No. 1182, § 2; Ord. No. 1823, § 1, 7-14-1980)

The term "public dance" shall include any dance open to the general public whether or not a fee is charged therefor, including dancing permitted in connection with any commercial activity that is open to the general public.

The provisions of this Article shall not apply to any religious, fraternal or other organization that holds at least one regular meeting each month which conducts a dance for the principal benefit of its membership.

(Ord. No. 1182, § 2)

A. Applications for permission to conduct a public dance shall be filed with the Chief of Police on forms furnished by the Chief of Police.

B. Reserved.

C. An application for a public dance permit must be filed with the Chief of Police at least ten (10) days prior to the date for which approval to conduct a public dance is requested. An application for a yearly public dance permit must be filed with the Chief of Police twenty (20) days prior to the date for which approval of such permit is requested to be effective.

D. Every application for a public dance permit or a yearly public dance permit shall contain the following information:

1. Name and address of the applicant.

2. The location where the dance will be held.

3. The date or dates on which dancing will take place.

4. The character and nature of the dance.

5. The admission fee or other charge, if any.

6. Whether or not any food or beverages will be sold or consumed on the premises.

7. The maximum number of persons who will be attending or participating in the dance.

8. Such additional information deemed necessary by the Chief of Police to facilitate the review and investigation of the application.

(Ord. No. 1182, § 2; Ord. No. 1823, § 2, 7-14-1980; Ord. No. 2181, § 1, 8-23-1999)

(Ord. No. 2436, § 5, 5-22-17)

Upon receipt of an application for a permit the Chief of Police shall immediately review and investigate the application and may refer the application to any other appropriate department to permit the review and investigation, and report on, the permit application by such departments.

(Ord. No. 1182, § 2; Ord. No. 1823, § 3, 7-14-1980)

A. No permit shall be issued in the event it is determined that the proposed dance would be in conflict with or violate any building, health, safety, zoning or other law, ordinance or regulation.

B. No permit shall be issued in the event it is determined that, based upon the number of persons anticipated, there are insufficient doorways, stairways or other means of ingress or egress to permit the safe departure of the persons attending the dance or that there is inadequate access for police, firemen and other emergency personnel in case of a fire or public disturbance.

C. No permit shall be issued in the event it is determined that sanitation and food and beverage handling practices are inadequate and do not comply with commonly accepted sanitation procedures.

D. No permit shall be issued in the event it is determined that the building in which the dance is to be conducted is not structurally adequate for the number of people to be accommodated or does not have adequate ventilation for the group or is constructed of or contains flammable or otherwise dangerous material.

E. No permit shall be issued in the event it is determined that the proximity of the dance location to residential property would disturb the quiet enjoyment of the occupants of such residential property.

F. No permit shall be issued in the event it is determined that the applicant for a proposed permit has violated the provisions of this Article.

(Ord. No. 1182, § 2; Ord. No. 1823, § 4, 7-14-80)

If, after review and investigation and after receipt of the reports from any other department reviewing and investigating the application, the Chief of Police finds that the proposed dance would not be injurious to the public safety, would not create a public nuisance and would not be in conflict with the provisions of Section 4.19, the permit shall be issued; otherwise the permit shall be denied. The failure of any department to furnish the Chief of Police with a written report within ten (10) days after notice to that department of the filing of the application shall be deemed to be approval of the application.

A permit may be issued subject to such conditions as are deemed necessary to protect the safety of the persons attending the dance and the residents and property owners of the surrounding neighborhood.

(Ord. No. 1182, § 2)

Any interested person may appeal the decision of the Police Chief regarding an application for a public dance permit or the establishment of any condition thereon to the City Manager in accordance with the provision set forth in Chapter 1 of this Municipal Code.

(Ord. No. 1182, § 2; Ord. No. 1823, § 5, 7-14-80)

(Ord. No. 2374, § 5, 1-9-12)

A permit shall be valid only for the date for which it is issued or for a period of one year, depending upon the permit which has been approved by the Chief of Police.

(Ord. No. 1182, § 2; Ord. No. 1823, §§ 6, 7, 7-14-80)

It shall be unlawful for any person to conduct, permit or carry on any public dance between the hour of one o'clock (1:00) A.M. and the hour of seven o'clock (7:00) A.M. of the same day.

(Ord. No. 1182, § 2)

Any yearly public dance permit may be revoked by the Chief of Police at any time it is determined that any conditions of the permit have been violated or that any of the provisions of Section 4.19 would be violated by continued operation of a public dance or that any law, ordinance or regulation would be violated by the continued operation of a public dance.

Before revoking any permit, at least five (5) days notice shall be given to the applicant, and he shall be given an opportunity to be heard by the Chief of Police.

(Ord. No. 1182, § 2; Ord. No. 1823, § 8, 7-14-80)

No permit shall be transferable.

(Ord. No. 1823, § 9, 7-14-80)

The Chief of Police may terminate a public dance if it is determined that any conditions of a permit are being violated or that any of the provisions of Section 4.19 are being violated by continued operation of a public dance or that any law, ordinance or regulation is being violated by such continued operation.

(Ord. No. 1823, § 10, 7-14-80)

A public dance shall be open to inspection by the Chief of Police or members of the Police Department at all times so that it may be determined whether the public dance is being operated in compliance with the permit, the provisions of Section 4.19, and all laws, ordinances and regulations.

(Ord. No. 1823, § 11, 7-14-80)