Rolling Hills Estates Municipal Code Ch. 5.24 Dances

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

"Cabaret dance" means any dance held or engaged in at any place or premises licensed by the state of California to sell, serve or dispense intoxicating liquor for consumption in or at such place or premises.

"Club dance" means any dance held by a dancing club.

"Dance" means a gathering of persons in or upon any premises where dancing is participated in as the main purpose for such a gathering, or as an incident to some other purpose.

"Dance permit" means a permit issued by the license collector for certain types of dances hereunder required.

"License collector" means the license collector and inspector of the city of Rolling Hills Estates.

"Private dance" means any dance:

1. Which is not advertised publicly;

2. To which members of the public are not invited; and

3. Is limited to members of the sponsoring group and its invited guests.

"Public dance" means a dance conducted by any person, whether or not for profit, to which members of the public are admitted or allowed to participate in such dancing, with or without charge.

"Public dancehall" means a place or location where a public dance is held or conducted.

"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 by school officials.

"Teenage dance" means a nonprofit public dance or club dance sponsored by a service group, school group, parents group or other similar organization, for minors between the ages of thirteen and nineteen years of age, to which no person over nineteen years of age or under thirteen years of age is admitted as a participant.

(Prior code § 810)

No person shall conduct or assist in conducting or sponsoring any public dance, public dancehall, teenage dance, or cabaret dance within the city, without first obtaining a permit therefor, in the manner prescribed in this chapter. Applications for such permits shall be filed with the license collector or the city, and shall contain the following information:

A. The name and address of the applicant (if a corporation or a partnership, the names and residence addresses of all officers, directors or partners; if an unincorporated association, the names and addresses of all principals;

B. The location and description of facilities proposed to be used;

C. The dates, hours and estimated maximum attendance at the proposed dance, and type of dance.

(Prior code § 811 (part))

A filing and processing fee, as set by council resolution, shall be required with each application, provided, that the city manager shall waive such fee, if the applicant is an organization exempt from payment of a business license fee hereunder.

(Ord. 561 § 1 (part), 1993: prior code § 811 (part))

The license collector, upon receipt of a written application for a dance permit, shall refer the same to the appropriate city departments for investigation, report and recommendation. Each such department shall submit, in writing, a report and recommendation. Each such department shall submit, in writing, a report together with such recommendation as may be appropriate to the license collector, for transmittal to the city manager as soon as possible after such referral.

(Prior code § 812)

Each such dance permit application, together with the written reports of investigation relating thereto shall be forwarded to the city manager for his consideration.

(Prior code § 813)

Upon receipt of an application and reports relating thereto, the city manager, before ordering the issuance of a dance permit, shall satisfy himself that the public peace, safety, health and general welfare will not be endangered or jeopardized by the issuance of such dance permit. The manager may impose conditions upon the issuance of dance permits to insure that dances and dancing conducted under and by virtue of such permits will be compatible with the preservation of the public peace, safety, health and general welfare. The manager may consider any relevant factual material including, but not limited to, the proposed place or location of such dance and the character and reputation of applicant and other persons who will be involved in the conduct and operation of the dances under the permit, if issued.

(Prior code § 814 (a))

If the manager finds that the issuance of a dance permit will endanger or jeopardize the public peace, safety, health and general welfare, such issuance shall be denied.

(Prior code § 814 (b))

The city manager shall give the applicant written notice of his decision. Such decision shall be final and conclusive in the absence of an appeal.

(Prior code § 814 (c))

Any applicant aggrieved by a determination of the city manager shall have the right to appeal the same to the city council. Such an appeal shall be filed with the city clerk within ten days after the mailing of the notice of the manager's determination. Thereafter the matter shall be heard by the city council at its next most convenient meeting. The hearing shall be noticed and conducted in the manner set forth in Section 5.04.220; provided, that the burden of proof shall be upon the applicant to show that the action of the manager was arbitrary, unreasonable and in excess of his authority.

(Prior code § 814 (d))

Permits issued hereunder shall be revoked by the city manager in the manner described in Sections 5.04.210, 5.04.220 and 5.04.230.

(Prior code § 822)

A. No cabaret dance or cabaret dancing shall be held or engaged in unless all of the following conditions are at all times complied with:

1. The dance floor shall be a minimum size of two hundred square feet;

2. The dance floor area specified in each permit issued under this chapter shall be plainly marked and designated as a dancing area. No dancing shall be permitted in the premises except upon the dancing area thus marked and designated;

3. During all hours during which dancing is permitted by the permit issued hereunder for the premises, no portion of the dancing area shall be used for any purpose other than dancing and entertainment;

4. No portion of any dance floor shall be located within twenty feet of any bar or other facility for the dispensing of intoxicating beverages;

5. The maximum number of persons occupying a building or portion thereof, used for dining, drinking and dancing, shall not exceed the maximum determined by the fire department. Occupant load in a cabaret shall be computed by dividing the usable floor area of the premises by a factor of fifteen square feet per occupant, but may be limited to a lesser number based on exit facilities.

B. No premises at which cabaret dances or cabaret dancing are conducted or engaged in shall be used or operated as a private club between the hours of two a.m. and six a.m. of any day.

(Prior code §§ 815 and 816)

No cabaret dance, cabaret dancing, public dance or public dancehall shall be held or engaged in between the hours of one thirty a.m. and six a.m. of any day.

(Prior code § 817)

A. No person shall bring to any public dancehall or to any dancing club, club dance, teenage dance, cabaret dance, or any public dance any intoxicating liquor; provided, however, that this section shall not apply to any person, firm or corporation, and to his or its employees acting within the scope of their employment, lawfully engaged in the sale or distribution of intoxicating liquor, from delivering intoxicating liquor to any such place, upon the request or at the direction of the owner or operator thereof.

B. No person, other than the permittee and his bona fide employees acting in the course of their employment, shall possess any intoxicating liquor at any public dance-hall, dancing club, club dance, cabaret dance, or any public dance unless the same has been lawfully sold, served or dispensed thereat.

(Prior code §§ 818 and 819)

No employee or any person conducting, or in charge of any public dance, public dancehall or cabaret shall engage in dancing with any other person at his or her place of employment.

(Prior code § 820)

No person in charge of or assisting in the conduct of any public dancehall, dancing club, club dance, teenage dance, school dance, cabaret dance, or public dance shall permit any person to enter into, to be in or to remain in any place where such public dancehall, dancing club, club dance, teenage dance, school dance, cabaret dance, or public dance is being conducted who is intoxicated, boisterous or disorderly. No person shall conduct himself in a boisterous or disorderly manner in or at a public dancehall, dancing club, club dance, school dance, teenage dance, cabaret dance or public dance.

(Prior code § 821)