Chapter 114 — DANCES

It shall be unlawful for any person to maintain, conduct, permit, or carry on any dance or dancing in any public cafe or restaurant in the city, whether such dance or dancing shall be incidental to the serving of food or not, without first securing a permit from the Council and paying the license fee required by Chapter 110 of this title. ('65 Code, § 5-9.101) (Ord. 445, passed - - ; Am. Ord. 871, passed - - ) Penalty, see § 10.99

Cross-reference:

General business licenses, see Ch. 110

Any person desiring to maintain, conduct, permit, or carry on any dance or dancing in any cafe or restaurant in the city shall file a written application with the Council so to do on a form provided therefor by the City Clerk.

('65 Code, § 5-9.102) (Ord. 445, passed - - )

If, in the opinion of the Council, the applicant is of good moral character and the location of the cafe is such that the dance or dancing shall not be a detriment to the neighborhood wherein it is proposed to be conducted, a permit may be issued to maintain, conduct, permit, or carry on a dance or dancing in such cafe or restaurant. ('65 Code, § 5-9.103) (Ord. 445, passed - - )

Any such permit so issued shall be issued upon the conditions that no vulgar or suggestive dancing shall be allowed and that no drunken or disorderly conduct shall be permitted thereat.

('65 Code, § 5-9.104) (Ord. 445, passed - - ) Penalty, see § 10.99

No dance or dancing in any public cafe or restaurant shall be conducted or permitted between the hours of 1:45 a.m. and 6:00 a.m. of any day. ('65 Code, § 5-9.105) (Ord. 445, passed - - ; Am. Ord. 595, passed - - ; Am. Ord. 871, passed - - ; Am. Ord. 185-C.S., passed - - ) Penalty, see § 10.99

(A) A person under 21 years of age shall not enter, be, or remain on or in any premises on or in which alcoholic beverages are sold or served and for which a permit is required or has been issued pursuant to the provisions of this subchapter except when such person is accompanied by:

(1) His spouse over 21 years of age;

(2) His parents; or

(3) His guardian;

(B) Provided, however, neither the provisions of this section nor of § 114.051 of this chapter shall prevent a minor person from being in a bona fide hotel, cafe, or other place where meals are regularly served and where a public dance or entertainment is being held in the event such minor does not participate in such dance or entertainment. ('65 Code, § 5-9.106) (Ord. 445, passed - - ; Am. Ord. 871, passed - - ) Penalty, see § 10.99

Any violation of the provisions of this subchapter shall be grounds for the revocation by the Council of any permit issued pursuant to the provisions of this subchapter. ('65 Code, § 5-9.107) (Ord. 445, passed - - )

PUBLIC DANCES

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PUBLIC DANCE. A gathering of persons in or upon any premises where dancing is participated in and to which premises the public is admitted.

PUBLIC DANCE HALL. A place where dancing is regularly conducted on certain days as a business, whether for profit or not, and to which the public is admitted, either with or without charge, or at which the public is allowed to participate in the dancing, either with or without charge. ('65 Code, § 5-9.201) (Ord. 12, passed - - )

It shall be unlawful for any person to conduct or assist in conducting any public dance hall or public dance in the city without first securing a written permit from the Council therefor.

('65 Code, § 5-9.202) (Ord. 12, passed - - ) Penalty, see § 10.99

Permits to conduct public dance halls or public dances in the city may be issued by the Council upon the written application of any person for himself or on behalf of any association of persons or corporation. The Council shall first satisfy itself that the conduct of such dance hall or public dance will comport with the public welfare and, for this

purpose, may consider any facts or evidence bearing on the place where the proposed public dance hall or public dance is to be located, the character, reputation, and moral fitness of those who will be in charge, and any other facts or evidence intended to enlighten the Council in this respect. ('65 Code, § 5-9.203) (Ord. 12, passed - - )

Whenever the Council shall issue any permit issued pursuant to the provisions of this subchapter, such permit may be revoked at any time thereafter by the Council if the Council becomes satisfied that the conduct of such public dance hall or public dance does not, or will not, comport with the public welfare for any reason, or, in the case of a public dance hall, that the same has been conducted in an illegal, improper, or disorderly manner. The Council may make rules governing public dance halls and may revoke or suspend permits issued for any public dance hall where the proprietor or person in charge thereof violates, or permits any infraction of any of such rules or any law of the state or of the city; provided, however, no permit for a public dance hall shall be so revoked or suspended unless a hearing, and notice thereof, shall be given the permittee. ('65 Code, § 5-9.205) (Ord. 12, passed - - )

It shall be unlawful for any person to conduct or assist in conducting a public dance hall or a public dance between the hours of 1:00 a.m. and 6:00 a.m. of any day. ('65 Code, § 5-9.206) (Ord. 12, passed - - ; Am. Ord. 865, passed - - ) Penalty, see § 10.99

(A) To be accompanied. A person under 18 years of age shall not enter, be, or remain on or in the premises of a public dance hall or at a public dance except when such person is accompanied by:

(1) His spouse over 18 years of age;

(2) His parent;

(3) His guardian; or

(4) Another member of his immediate family or other person over 18 years of age and with the written permission of his parent or guardian.

(B) Responsibility of permittees; public dance and dance hall. It shall be unlawful for the permittee of a public dance hall or a public dance to allow any such minor person to be in or dance in any public dance hall or any public dance unless such minor is accompanied by a person as described in this section.

(C) Responsibility of other dance licensees and permittees. It shall be unlawful for any licensee or permittee under the provisions of this chapter to permit or allow any person to enter or be on any premises contrary to the provisions of this section or § 114.006 of this chapter.

(D) Exceptions. The provisions of divisions (A) and (B) of this section shall not apply to:

(1) A dancing school except when conducting a public or private dance other than regular instruction; or

(2) Any youth dance for the holding of which a permit has been granted pursuant to §§ 114.070 through 114.086 of this chapter and which is conducted in full compliance with the provisions of said subchapter.

('65 Code, § 5-9.207) (Ord. 12, passed - - ; Am. Ord. 871, passed - - ) Penalty, see § 10.99

(A) Possession; disorderly conduct. It shall be unlawful for any person to take any form of alcoholic liquor into any public dance hall or into any premises where a public dance is held, and it shall be unlawful for any person in charge, or assisting in the conduct, of any public dance hall or any public dance to permit therein any person who has any form of alcoholic liquor in his possession, or to permit any intoxicated, boisterous, or disorderly person to enter, be, or remain in, or to assist in, any such public dance hall or public dance. (B) Intoxicated persons; disorderly conduct. It shall be unlawful for any person in an intoxicated condition to enter, be, or remain in any public dance hall or public dance or for any person to conduct himself in a boisterous or disorderly manner in a public dance hall or public dance.

(C) Sale and consumption on premises. The provisions of this section shall not prohibit the legal sale and consumption of alcoholic beverages at a private dance held pursuant to licenses and permits issued, pursuant to the provisions of this chapter, to the owners or lessees of a place or premises holding a valid license issued pursuant to the provisions of the Alcoholic Beverage Control Act of the state.

('65 Code, § 5-9.208) (Ord. 12, passed - - ; Am. Ord. 871, passed - - ) Penalty, see § 10.99

Statutory reference:

Alcoholic Beverage Control Act, see Cal. Bus. & Prof. Code §§ 23000 et seq.

Except while a floor show or specialty dance is in progress, all public dance halls and public dances shall be lighted throughout to an intensity of not less than three footcandles during all hours of operation.

('65 Code, § 5-9.209) (Ord. 12, passed - - ; Am. Ord. 871, passed - - ) Penalty, see § 10.99

(A) The proprietor or permittee conducting a public dance hall, public dance, or a private dance may be required by the Police Chief, as a condition to the issuance of a permit, to provide one or more police officers to attend such public dance hall, public dance, or private dance during such time as dances are conducted for the purpose of preserving order and preventing the violation of any law of the state or of the city. The presence of such police officers at any public dance hall, public dance, or private dance shall not relieve the proprietor or permittee, or any of his employees, from their responsibility for any violation of any law. The Police Chief shall assign for such purpose regular police officers, or he may require private patrol services.

(B) The proprietor or permittee shall be required to pay for such police services a sum sufficient to defray the cost to the city of furnishing such services, such cost to be determined by the City Manager. The proprietor or permittee shall deposit such sum with the City Treasurer at the time of the issuance of the permit. ('65 Code, § 5-9.210) (Ord. 12, passed - - ; Am. Ord. 871, passed - - ; Am. Ord. 111-C.S., passed - - )

Every person conducting a public dance hall or public or private dance who owns, operates, or controls any parking lot adjacent to the premises where such dance is conducted, and where such parking lot is used in connection therewith, shall adequately and uniformly light such parking lot to an intensity of not less than one footcandle.

('65 Code, § 5-9.211) (Ord. 871, passed - - ) Penalty, see § 10.99

No person who has left any public dance hall or public or private dance shall be readmitted unless:

(A) An admission charge not less than that charged to patrons entering such public dance hall or public dance for the first time is again paid; or

(B) The permit specifically provides that such readmission may be permitted.

('65 Code, § 5-9.212) (Ord. 871, passed - - ) Penalty, see § 10.99

The Police Chief may adopt such rules and regulations relating to the conduct of public dance halls, public dances, and private dances for which a permit or license is required as may be proper or necessary for the maintenance of public order, the promotion of public morals, comportment with the public welfare, and the orderly conduct of such places, or the better enforcement of the provisions of this chapter relating to such places. ('65 Code, § 5-9.213) (Ord. 871, passed - - )

It shall be unlawful for any person to dance, or to permit any other person to dance, after being instructed by a police officer to stop such dancing because such dancing is not permitted on such premises.

('65 Code, § 5-9.214) (Ord. 871, passed - - ) Penalty, see § 10.99

PRIVATE DANCES

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BONA FIDE HOTEL. Any hotel with 200 or more guest rooms and five or more banquet or meeting rooms.

DANCING CLUB. Any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests. DANCING SCHOOL. Any school, class, or classes wherein dancing is the principal subject taught.

PRIVATE DANCE. A gathering of persons in or upon any premises where dancing is permitted either as the main purpose for such gathering or as an incident to some other purpose and to which premises only members, pupils, or bona fide guests of a particular dancing club or dancing school are admitted; provided, however, dancing by the occupants of, and guests at, a private residence shall not be considered a private dance, and no license or permit shall be required for a dance at such private residence.

SINGLE DANCE. An individual private dance, including wedding receptions, or public dance conducted by any person, dancing club, dancing school, or association of persons, dancing clubs, or dancing schools, which dance, if authorized, shall result in not more than three such dances being held by such person or group of persons in any three-month period.

(‘65 Code, § 5-9.301) (Ord. 871, passed - - ; Am. Ord. 547-C.S., passed 4-20-04)

Except as specifically otherwise provided in this subchapter, all of the provisions of § 114.020 through 114.033 of this chapter shall apply to the provisions contained in this subchapter.

('65 Code, § 5-9.302) (Ord. 871, passed - - )

No person, dancing club, dancing school, or bona fide hotel shall conduct, permit, operate, or assist in conducting any public dance hall, public dance, or private dance without first securing a written permit from the Council or Chief of Police and paying the license and application fee. No dance permit is required for dances held at the Adult Recreation Center or Grapevine Park. (‘65 Code, § 5-9.303) (Ord. 871, passed - - ; Am. Ord. 547-C.S., passed 4-20-04; Am. Ord. 611-C.S., passed 3-18-14) Penalty, see § 10.99

Cross-reference:

General business licenses, see Ch. 110

(A) Verification. Every application for the permit required by the provisions of § 114.047 of this subchapter shall be verified by the oath of the applicant on forms furnished by the Police Chief. If the applicant is a corporation, verification shall be by a duly authorized officer thereof; if an association or partnership, verification shall be by each member thereof; and if a club, verification shall be by the person having charge of such club.

(B) Filing. The application shall be completed and filed not less than 15 days before the date of the proposed dance.

(C) Information required. The application shall clearly show whether the persons attending, or expected to attend, the dance are to be limited in any manner as to membership or guests of the membership of the applicant, the number expected to attend, and whether admittance shall be by written or printed invitation or by the sale of tickets at the door of the premises. Such application shall further show from what general geographical area the members, or guests of the members of the applicant, are expected to be invited to attend. (D) Information required; premises to be used. When the application shows that the applicant has rented or plans to rent any premises owned or leased by another person or organization, the application shall specifically show the name and address of the agent of the owner or lessee and that such agent, owner, or lessee has full knowledge of the purpose for which the premises are to be used.

(‘65 Code, § 5-9.304) (Ord. 871, passed - - ; Am. Ord. 547-C.S., passed 4-20-04)

(A) A bona fide hotel may apply to the City Council for a single permit to allow dancing on its premises in conjunction with banquet service. The application shall be on a form furnished by the Chief of Police and shall be verified by the appropriate officer per the requirements of § 114.048(A). The annual fee for a bona fide hotel dance permit shall be $200.

(B) Along with its application, a bona fide hotel must submit a security plan for the review and approval of the Chief of Police. Such plan shall contain provisions detailing fulltime on-site security for the premises and banquet and event security deployment and procedures. If the permit is granted, the Chief of Police is authorized to review the security plan on a continuing basis and require such modifications to such plan as he deems required by the facts and circumstances.

(C) The application shall contain a site plan that clearly shows the areas in which dancing will be permitted.

(D) A bona fide hotel dancing permit shall be limited to prohibit dancing from the hours of 1:45 a.m. to 6:00 a.m.

(E) A bona fide hotel dancing permit shall be subject to suspension or revocation where conditions imposed are not strictly followed. The appeal process shall be as stated in §§ 30.10 et seq. of this code.

(Ord. 547-C.S., passed 4-20-04)

The Police Chief is hereby authorized to fully investigate the character and reputation of the applicant, and the officers and employees of the applicant, in the same manner and to the same extent as provided in § 114.020 through 114.033 of this chapter.

('65 Code, § 5-9.305) (Ord. 871, passed - - )

All applications for such permits shall be referred to the Fire Department for report as to the suitability and safety of the premises and number of persons permitted in the premises pursuant to the provisions of the fire code.

('65 Code, § 5-9.306) (Ord. 871, passed - - )

The authority to issue permits to conduct private dances may be delegated by the Council to the Police Chief.

('65 Code, § 5-9.307) (Ord. 12, passed - - ; Am. Ord. 871, passed - - )

No establishment licensed pursuant to the provisions of this subchapter or §§ 114.020 through 114.032 of this chapter may allow the premises to be used for the purpose of conducting a private club between the hours of 1:00 a.m. and 6:00 a.m.

('65 Code, § 5-9.308) (Ord. 871, passed - - ) Penalty, see § 10.99

The provisions of § 114.025 of this chapter shall apply.

('65 Code, § 5-9.309) (Ord. 871, passed - - )

The provisions of § 114.026 of this chapter shall apply. ('65 Code, § 5-9.310) (Ord. 871, passed - - )

The provisions of § 114.028 of this chapter shall apply. ('65 Code, § 5-9.311) (Ord. 871, passed - - )

The provisions of § 114.029 of this chapter shall apply. ('65 Code, § 5-9.312) (Ord. 871, passed - - )

The provisions of § 114.030 of this chapter shall apply. ('65 Code, § 5-9.313) (Ord. 871, passed - - )

The provisions of § 114.031 of this chapter shall apply. ('65 Code, § 5-9.314) (Ord. 871, passed - - )

The provisions of § 114.032 of this chapter shall apply. ('65 Code, § 5-9.315) (Ord. 871, passed - - )

YOUTH DANCES

For the purpose of this subchapter, unless the context clearly indicates or requires a different meaning, YOUTH DANCE shall mean a nonprofit public dance or private dance to which only persons under the age of 21 years are admitted as participants. Such dances shall be considered single dances as defined in § 114.045 of this chapter, unless otherwise determined by the Police Chief or Council.

('65 Code, § 5-9.401) (Ord. 871, passed - - )

Except as specifically otherwise provided in this subchapter, all of the provisions of this chapter pertaining to dances shall apply to youth dances. ('65 Code, § 5-9.402) (Ord. 871, passed - - )

No person, dancing club, or dancing school shall conduct, permit, operate, or assist in conducting or operating any youth dance without first securing a written permit from the Council or Police Chief and paying the license fee, unless exempted, pursuant to the provisions of Chapter 110 of this title; provided, however, the Council may, by motion or resolution, provide reasonable application fees to pay the cost of processing the application. ('65 Code, § 5-9.403) (Ord. 871, passed - - ) Penalty, see § 10.99

Cross-reference:

General business licenses, see Ch. 110

(A) The provisions of § 114.048 of this chapter shall apply; provided, however, a permit for a youth dance shall be issued only to an adult sponsoring group which has been approved by the Police Chief.

(B) In addition to any other information required, the application for a permit to hold a youth dance shall show the names of at least one male and one female chaperon at least 21 years of age for each 30 persons permitted in the premises. Such chaperons shall attend the dance and be present for the full time of such dance or furnish a substitute satisfactory to the Police Chief.

('65 Code, § 5-9.404) (Ord. 871, passed - - ) Penalty, see § 10.99

Before a permit for a youth dance shall be issued, a report shall be obtained from the Fire Department which shall include a statement as to the maximum number of persons permitted within such premises.

('65 Code, § 5-9.405) (Ord. 871, passed - - )

The permit for a youth dance shall specify the maximum number of persons permitted in the premises. Such number shall not exceed the number specified by the Fire Department.

('65 Code, § 5-9.406) (Ord. 871, passed - - )

The permit for a youth dance shall designate the age group permitted to participate in such dance. No more than a five year difference in age may exist between the oldest and youngest participant.

('65 Code, § 5-9.407) (Ord. 871, passed - - )

No license shall be required to hold a youth dance conducted pursuant to the provisions of this subchapter; provided, however, the Council may, by motion or resolution, provide for reasonable application fees to pay the cost of processing the application.

('65 Code, § 5-9.408) (Ord. 871, passed - - )

If a permit is issued for a youth dance pursuant to the provisions of this subchapter, and such dance is conducted in full compliance with the provisions of this subchapter, a minor may attend such dance even if not accompanied by his parent, guardian, or spouse where such minor is within the designated age group indicated on the permit. ('65 Code, § 5-9.409) (Ord. 871, passed - - )

No dancing shall be conducted or permitted at a youth dance:

(A) Between the hours of 11:00 p.m. and 6:00 a.m. where the maximum age of the participants is 14 years; or

(B) Between the hours of 12:00 midnight and 6:00 a.m. where the maximum age of the participants is over 14 years; provided, however, the provisions of this section shall not apply to an annual high school senior class party conducted under the supervision of high school officials and adult sponsors of such senior class party. ('65 Code, § 5-9.410) (Ord. 871, passed - - ) Penalty, see § 10.99

A permit shall not be issued to conduct a youth dance in or on any premises in or on which any alcoholic beverages are sold unless all facilities for such sale are securely locked during the entire time such dance is in progress and the applicant satisfies the Police Chief that such facilities shall be so locked and that under no conditions will any alcoholic beverages be sold, served, or permitted on the premises during the time such dance is being held.

('65 Code, § 5-9.411) (Ord. 871, passed - - ) Penalty, see § 10.99

The provisions of § 114.028 of this chapter shall apply.

('65 Code, § 5-9.412) (Ord. 871, passed - - )

A permit shall not be issued for any youth dance if any parking lot adjacent thereto, which is available for use during such dance, is not lighted to an intensity of at least one footcandle. The provisions of this section shall not require that a parking lot be available.

('65 Code, § 5-9.413) (Ord. 871, passed - - )

No person who has left any youth dance shall be readmitted unless:

(A) An admission charge not less than that charged to patrons entering such youth dance for the first time is again paid; or

(B) The permit specifically provides that such readmission may be permitted.

('65 Code, § 5-9.414) (Ord. 871, passed - - ) Penalty, see § 10.99

The provisions of § 114.031 of this chapter shall apply. ('65 Code, § 5-9.415) (Ord. 871, passed - - )

The provisions of § 114.032 of this chapter shall apply. ('65 Code, § 5-9.416) (Ord. 871, passed - - )

Youth dances shall not be conducted for the profit of any person. ('65 Code, § 5-9.417) (Ord. 871, passed - - ) Penalty, see § 10.99