Rialto Municipal Code Ch. 5.12 Dancehalls

As used in this chapter:

A. "Disturbance of the peace" means and includes disturbing the peace as it is defined and set forth in Section 415 of the Penal Code of the state of California.

B. A "public dance" or a "public dancehall" means and includes any public place open to the public wherein or whereat the public may engage in dancing, including places and dances where admission is by membership or other special privilege.

(Ord. 983 (part), 1986)

It is a misdemeanor for any person, corporation or association of persons to operate, conduct or carry on a public dance or operate a public dancehall in the city without first obtaining a license to do so, as in this chapter provided.

(Ord. 983 (part), 1986)

Application for such license shall be made to the city licensing officer in writing, and state the name and address of the applicant and the place where the dance or dancehall is to be conducted.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

Upon approval of such license, the city licensing officer shall issue a license to the applicant, and such license shall set forth the name of the applicant and place where the dance or dancehall is to be conducted. Each license shall be nontransferable, posted in a conspicuous place in or on the premises in respect to which it is issued and exhibited to any peace officer. Each license issued under this chapter is separate and distinct and no person shall seek to exercise the privileges granted thereunder except the person, corporation or association of persons to whom it is issued and at the specific place for which it was issued.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

The license fee for operating, conducting and carrying on such dance or dancehall shall be set from time to time by city council resolution. Such license fee is payable in advance and paid to the city licensing officer upon the issuance of such license. The license fee may, in the discretion of the city licensing officer, be waived upon a showing that the applicant is a charitable or nonprofit organization, or a public or private school.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

The city licensing officer may investigate the conduct of any such dancehall and has power to temporarily suspend or permanently revoke a license issued under this chapter for any of the following:

A. Misrepresentation of a material fact by the applicant in obtaining the 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 upon or about the premises for which the license was issued or permitting the peace to be disturbed upon or about the premises;

E. Written protest against the operation and conducting of any public dance or public dancehall, signed by a majority of the persons residing within one thousand feet of any such dance or dancehall.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

Upon the occurrence of any act for the suspension or revocation of a permit, as provided in this chapter, the city licensing officer may temporarily suspend or permanently revoke any license issued hereunder. Notice of the action by the city licensing officer temporarily suspending or revoking such license is served upon the licensee, which notice is served upon the licensee either by personal service or by registered mail to the last known address of such licensee. The licensee thereafter may, within fifteen days after the service or receipt of the notice, demand a hearing before the city council as to why the license should not be continued in force and effect. At the time set for hearing, the city council shall hear the holder of the license, who may present any facts to show why the license should or should not be revoked, and hear statements from other persons who may attend the hearing and present reasons why the license should or should not be revoked. At the close of the hearing, or at any time within thirty days thereafter, the city council shall determine from the facts produced at the hearing and from any other facts in its possession whether or not the license should be revoked and make its order accordingly. A notice of the action of the city council after the hearing shall be served upon the licensee in the same manner as hereinabove provided for the suspension or revocation of the license.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

It is unlawful for any person, corporation or association of persons to operate, conduct or carry on a public dance, or a public dancehall, or for any person to dance at any public dance, or in any public dancehall, between two a.m. and eight a.m.

(Ord. 983 (part), 1986)

It is a misdemeanor for any person, corporation or association of persons to operate, conduct or carry on a public dance or a public dancehall in such a manner as to be detrimental to public morals or a disturbance of the peace.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)