Chapter 6.58

PUBLIC DANCEHALLS

Sections:

• 6.58.010 Definitions.

• 6.58.020 Permit required; exception.

• 6.58.030 Permit - Classifications designated.

• 6.58.040 Permit - Application requirements.

• 6.58.050 Class A permit - Issuance conditions.

• 6.58.060 Class C dance - License and permit required.

• 6.58.070 Permit - Grounds for denial.

• 6.58.075 Permit - Grounds for revocation.

• 6.58.080 Permit - Approvals prerequisite to issuance.

• 6.58.085 Act of applicant or permittee.

• 6.58.090 Permit - Denial or revocation notification.

• 6.58.100 Attendance of police officer or guard.

• 6.58.110 Police regulations authorized.

• 6.58.120 Rules to be posted.

• 6.58.130 Hours of operation and closing.

• 6.58.140 Improper conduct and intoxicated persons prohibited.

• 6.58.150 Operating regulations and permit conditions.

• 6.58.160 Event promoters, record retention and security provided by event promoter.

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§ 6.58.010

• A. As used in this chapter, "public dance" means any dance to which members of the general public, or members of schools, educational, social, fraternal, religious, charitable or nonprofit organizations are admitted under any of the following circumstances:

  1. Payment of any type of fee, dues, or charge for admission whatever, whether collected in advance of the event at which dancing is conducted or whether collected during said event; or

  2. Payment for entrance or attendance at an event at which dancing is conducted by purchase of tickets, dues, fees, or other admission devices; or

  3. Dances conducted or given in connection with the sale of food or beverages in restaurants, bars, cafés, or hotel dining rooms to which the general public is admitted; or

  4. Dances conducted in connection with the provision of other amusement or entertainment for profit.

• B. As used in this chapter, "public dancehall" means any hall, room, or place in which a public dance is held.

• C. As used in this chapter, "chief of police" shall mean the chief of the police department or his designated representative.

(Prior code §§ 6703.1, 6703.2; Ord. 21409.)

• A. No person shall conduct a public dance without first obtaining a permit from the chief of police.

• B. Persons operating in compliance with a business permit issued pursuant to the public entertainment permit ordinance, Chapter 6.60 of the code, shall be exempt from the requirements of this chapter.

(Prior code § 6703.3; Ords. 21409, 24644.)

• A. Public dance permits shall be classified as follows:

  1. Class A, café; dances. Permits authorizing the conducting of public dances in restaurants, bars, cafés and hotel dining rooms open to the general public;

  2. Class B, social dances. Permits authorizing the conducting of dances by schools, educational, social, fraternal, religious, nonprofit, or charitable organizations, where such dances are not open to the general public;

  3. Class C, commercial dances. Permits authorizing the conducting of public dances, other than those covered by Classes A and B hereunder.

• B. Permits under Classes A and C shall not be issued for a period longer than one year.

• (Prior code § 6703.4; Ord. 21409.)

• A. Written applications for permits under this chapter shall be filed with the chief of police upon forms to be provided by him and shall set forth the following facts:

  1. The name and residence of the applicant or applicants, and if the applicant be a firm, the names and residences of the partners thereof, and if the applicant be a corporation, the names and residences of the officers and directors thereof, and if the applicant be an association, the names and residences of the officers thereof;

  2. The particular place for which the dance permit is desired;

  3. The number of dates of the dances to be held under the permit;

  4. A statement that the applicant is the sole party, or applicants are the sole parties, either directly or indirectly interested in the dance for which a permit is sought, and that no other person is, or will be, in

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any manner interested, directly or indirectly, during the continuance of the permit;

5. A statement of the ownership of the realty of which the premises for which the permit is sought are a part;

6. A statement of such additional information as the chief of police may require.

(Prior code § 6703.5; Ord. 21409.)

No Class A permit shall be issued unless the applicant therefor holds either a valid hotel, bar, or restaurant license.

(Prior code § 6703.11; Ords. 20640, 21285, 21409.)

No person shall conduct a public dance of the class covered by Class C permits without first obtaining a license from the city upon payment of the fee set forth in the schedule of fees established by resolution of council.

(Prior code § 6703.10; Ord. 21285.)

• A. Upon receipt of an application for a permit under this chapter, the chief of police shall investigate the facts connected with the application, inspect the premises for which the permit is sought, and shall deny the application if:

  1. a. The applicant has been convicted of a misdemeanor within four years of the date of the application, if the misdemeanor is substantially related to the qualifications, functions or duties of the business, profession or trade for which the permit is to be issued; or

     • b. The applicant has been convicted of a felony, if the felony is substantially related to the qualifications, functions or duties of the business, profession or trade for which the permit is to be issued; or

2. The applicant has committed any act involving dishonesty, fraud or deceit with intent to substantially benefit the applicant or another, or substantially injure another; or

3. The applicant has knowingly made a false statement, or concealed a material fact required to be revealed, in an application for the permit, or otherwise committed any fraud in the application or in any amendment or report required to be made under this chapter; or

4. The premises with respect to which the permit is to be issued do not comply with the provisions of this chapter; or

5. The conducting of a public dance in the premises for which a permit is sought will be injurious to the public health, safety, welfare or morals. The chief of police shall take into consideration the proximity of the premises for which a permit is sought to schools, residences and other structures, and whether the occupants and uses of neighboring premises may be disturbed or injuriously affected by the conduct of a dance upon said premises; or

6. The applicant has had a permit under the provisions of this chapter revoked within the four years immediately preceding the date of application; or

7. The premises for which such permit is sought, or the proposed conducting of a public dance, violates any building, zoning, health, safety, fire, or other provision of this Code, or any law of the state of California or of the United States; or

8. Within the year immediately preceding the date of application, the applicant has had a permit application for the same premises denied within the previous year from the date of application on grounds stated in any of the above subsections, except that a permit may be granted to an applicant whose previous application was

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§ 6.58.070

• denied pursuant to subsection 6. above, if the conditions giving rise to the violations of law used as the basis for the prior denial have been corrected.

• B. The chief of police shall approve the application and issue the permit unless the chief of police denies the application based upon one or more of the grounds listed in subsection A.

• (Prior code § 6703.6; Ords. 21409, 24048.)

A permit issued under this chapter may be revoked by the chief of police upon a determination that revocation is warranted pursuant to the provisions of Section 6.02.190 of Chapter 6.02 of the Municipal Code, or upon a determination that the permittee has done any act which pursuant to other provisions of this Code would warrant denial of the permit. (Ord. 21409.)

Before the chief of police shall grant any permit under this chapter, the application shall be submitted to the city health officer, as to the sanitary conditions of the premises; to the chief of the fire department, as to safety of the premises; and to the director of neighborhood preservation, as to compliance with the zoning ordinances of the city. Fees shall be paid by the applicant to the appropriate department prior to a permit being issued, where an inspection fee is charged.

(Prior code § 6703.8; Ords. 20156, 21409.)

The act or omission of any person, partner, associate, director, officer, agent or employee, who with an applicant or permittee under this chapter provide services in connection with the conducting of a public dance, shall for all purposes of this chapter be deemed the act or omission of the applicant or permittee subject to regulation under this Chapter 6.58. (Ord. 21409.)

In all cases where a permit has been denied or revoked, the chief of police shall notify the applicant or permittee in writing of the grounds for denial or revocation, and said applicant or permittee shall have the right to appeal said denial or revocation to the code enforcement appeals commission in accordance with the provisions of Chapter 6.02 of this Code, the permit or license procedure chapter.

(Prior code § 6703.7; Ord. 21409.)

• A. No person shall conduct any public dance unless there shall be in continuous attendance a police officer authorized by the chief of police or a state-registered, uniformed employee of a private patrol operator; provided, however, that where a public dance is being held or is about to be held, the chief of police may waive the requirement for continuous attendance of a police officer or uniformed employee of a private patrol operator at any such dance if he finds that the public peace, safety, law and order will be observed and maintained at such dance without the continuous attendance thereof.

• B. Any and all such waivers shall be subject to such conditions as the chief of police may deem necessary for the preservation of peace, safety, law and order at any dance; and any and all such waivers shall be revocable at any time by said chief of police if and when he should find that the attendance of a police officer or security guard is necessary for the preservation of peace, safety, law and order at any public dance.

(Prior code § 6703.9; Ord. 21409.)

• A. The chief of police is authorized to make and promulgate reasonable rules regulating the conduct of public dances, the exclusion therefrom of known criminals, prostitutes, intoxicated or

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disorderly persons, the issuance of return admission checks, the lighting arrangements of places where such public dances are held, and the character of the premises on which such dances are held.

• B. Such rules and amendments thereto shall be effective upon the same being placed on file in the office of the city clerk, and approved by the city council.

• C. Issuance of any dance permit described in Section 6.58.030 of this chapter shall be conditioned on the observance of each of such regulations, and violation of any such rules shall be grounds for the suspension or revocation of any permit or license issued pursuant to this chapter.

(Prior code § 6703.12.)

The permittee holding a dance permit shall keep a copy of such rules posted conspicuously in the place where the dance is held. (Prior code § 6703.13.)

No person conducting any public dance for which a permit is required pursuant to this chapter shall cause or permit the said dance to begin before nine a.m. of any day, or to continue beyond two a.m. of any day. Violation of this provision shall be a misdemeanor and shall be grounds for suspension or revocation of any license or permit issued pursuant to this chapter. (Prior code § 6703.12a.)

Every person conducting a public dance, their agents and employees, immediately upon the request of a police matron, or of a police officer, shall exclude from the public dance hall in which such dance is conducted any person under the influence of liquor, or who is guilty of loud, boisterous or other improper conduct. (Prior code § 6703.14.)

• A. The provisions of this chapter shall constitute terms and conditions applicable to each permit issued by the chief of police.

• B. The provisions of this chapter shall also constitute operating regulations that are applicable to each holder of a permit issued pursuant to this chapter.

• C. It shall be unlawful for any person permitted under this chapter, or any person required to be permitted under this chapter, whether or not such person is actually permitted, to violate any of the provisions of this chapter.

• (Ord. 28317.)

• A. No permittee shall use, hire, employ or otherwise avail itself of the services of an event promoter, as defined in Chapter 6.62 of this Code, to promote any public dance in the city unless the event promoter has obtained an event promoter permit pursuant to Chapter 6.62 or the permittee and the event promoter comply with the provisions of Sections 6.62.210 and 6.62.390 of Chapter 6.62, including the requirement that the permittee and the event promoter enter into a written contract as described in Section 6.62.210.

• B. The permittee shall maintain a copy of any contracts executed between the permittee and the event promoter that are required by this chapter and Chapter 6.62 for a period of not less than two (2) years. The two-year period shall commence on the later of the last day of operation of the specific event being promoted or the contract's expiration date.

• C. A copy of any contracts required by this chapter and Chapter 6.62 shall be made available for inspection and copying upon request by the chief of police or any city official responsible for enforcing the provisions of this Code.

• D. Any permittee who uses, hires, employs or otherwise avails itself of the services of an

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event promoter shall ensure that the event promoter complies with the requirements pertaining to security personnel retained by the event promoter set forth in Section 6.62.370 of Chapter 6.62.

(Ord. 28317.)