San Diego County Municipal Code Ch. 22 Public Dances

For the purposes of this chapter the following definitions shall apply:

(a) A "public dance" as used in this chapter means any public gathering to which the public may gain admission where dancing is allowed, whether or not there is an admission charge. It does not include teen-age dances regulated by sections 21.2301 et seq. or dances on the grounds of a college or university authorized and supervised by college or university officials.

(b) "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Cross reference(s)--Definitions, § 12.101 et seq.

This chapter does not apply to any County park, as defined in Sec. 41.102 of this code, which closes at or before nine o'clock p.m.

(Added by Ord. No. 2596 (N.S.), effective 1-1-64; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

No person shall conduct a public dance in the unincorporated area of the County without a license from the Issuing Officer. The Sheriff shall be the Issuing Officer for a license issued under this chapter. The license required by this chapter shall be obtained pursuant to sections 21.101 to 21.117 of this code and the procedures described below.

(Amended by Ord. No. 5200 (N.S.), effective 8-10-78; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The following types of licenses are required for a public dance depending upon the time when the dance occurs:

(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. These licenses are not renewable.

(d) A Class "D" license shall be required where dancing is conducted in a club. As used in the paragraph "club" means a corporation or association operated for social, fraternal, political, philanthropic or athletic purposes, which owns or occupies a facility, in which membership is by application, requires regular payment of dues, which has advantages that belong only to members and is not primarily for monetary gain.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

In addition to the reasons stated in section 21.108 for denying the license the issuing officer shall have the power to deny any license under this chapter if the activity at the location proposed would likely subject any inhabitant of a residence within 300 feet of the location to any noise that would be prohibited by the General Noise Prohibitions, section 36.414 of this code. The Issuing Officer may allow the license upon such conditions as he determines would cure the situations which may otherwise result in denial of the license.

(Amended by Ord. No. 3048 (N.S.), effective 3-30-67; amended by Ord. No. 5200 (N.S.), effective 8-10-78; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

It shall be unlawful, when alcoholic beverages are served at a public dance licensed under this chapter, for any person responsible for operating, managing, supervising a public dance or employed at a public dance to allow any person under the age of 21 to be admitted, unless the person is accompanied by a parent, spouse, or legal guardian, 21 years of age or older.

(Amended by Ord. No. 2861 (N.S.), effective 9-9-65; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

When alcoholic beverages are not served at a public dance, the minimum age for admission is 18, unless the minor is accompanied by a parent, spouse, or legal guardian 18 years of age or older.

(Amended by Ord. No. 2861 (N.S.), effective 9-9-65; amended by Ord. No. 5200 (N.S.), effective 8-10-78; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

It shall be unlawful for any person under the minimum age for admission to falsely represent his age to obtain admission to any public dance licensed under this chapter.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) It shall be unlawful for any person responsible for operating, managing, supervising a public dance or employed at a public dance licensed under this chapter to allow any person to be admitted to or to remain at any public dance who is intoxicated or under the influence of any controlled substance or who makes loud or unreasonable noise, engages in fighting, lewd or disorderly conduct or uses profane language.

(b) It shall also be unlawful for any person at a public dance to make an unreasonable noise, engage in fighting, lewd or disorderly conduct, or use profane language.

(c) It shall also be unlawful for any person or who is intoxicated or under the influence of any controlled substance to enter a public dance or remain at a public dance.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Cross reference(s)--Noise abatement and control, § 36.401 et seq.

It shall be unlawful to operate a public dance licensed under this chapter between the hours of 2:00 a.m. and 11:00 a.m.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

No license for a public dance shall be granted under this chapter unless the place at which the dance is to be held complies with all federal, State and County laws and regulations. After the Issuing Officer issues a license for a public dance, the licensee shall be responsible to maintain the place where the dance is held, including any surrounding areas adequately lighted and properly ventilated.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Cross reference(s)--Health and sanitation, Tit. 6; sanitation regulations for businesses, § 66.101 et seq.; drainage system to be connected to public sewer if available, § 68.310; unsanitary and unsafe premises, § 69.101 et seq.

For all public dances under a Class "A,""B" or "C" license, the licensee or some other designated responsible person must be on the premises during the times when alcoholic beverages are served. The designated person must be registered with the Sheriff and comply with Rule 57.6 of the California Department of Alcoholic Beverage Control. The designated person shall provide a copy of the "Notice of Qualification of Manager" issued under Rule 57.6 at the time of registration with the Sheriff.

(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) All public dances licensed under this chapter shall have an adult manager on the site at all times when dancing is occurring. If the manager is a person other than an individual licensee, the manager shall be registered with and approved by the Sheriff.

(b) No person shall employ any person as a manager of a public dance who is required to register as a manager under paragraph (a) above until the Sheriff notifies the manager in writing that his registration has been approved. The operator of a public dance shall maintain the Sheriff's approval notice at the operator's usual place of business and have it available for inspection at all times.

(Added by Ord. No. 7603 (N.S.), effective 4-13-89; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) The following organizations are exempt from the requirement to obtain a license under this chapter:

(1) An organization that participates in a nonprofit community event licensed under sections 21.201 et seq.

(2) An organization that is exempt from taxation pursuant to 26 U.S.C. 501(c)(8).

(3) An organization that is exempt from taxation pursuant to 26 U.S.C. 501(c)(10).

(4) An organization that is exempt from taxation pursuant to 26 U.S.C. 501(c)(19).

(Added by Ord. 10925 (N.S.). effective 1-9-25)