Chapter 5.12 — DANCES AND DANCE HALLS

For the purpose of this chapter, the following definitions shall apply:

(a)

Alcoholic beverage means an alcoholic beverage, or beverages, as that term is defined in the Alcoholic Beverage Control Act, California Statutes of 1935, page 1123, as amended.

(b)

Public dance means any such dance held or given in any place not a private residence or home.

(c)

Public dance hall means any room, place, or space, except a private residence or home, where dancing is carried on or permitted.

(Ord. No. 2017-1451, § 2, 10-24-2017)

The requirements of this chapter are not applicable to any City park which closes at or before 9:00 p.m.

(Ord. No. 2017-1451, § 2, 10-24-2017)

The procedure to follow, except as otherwise provided in this chapter, in obtaining a license is that set forth in the uniform licensing procedure, set out in Chapter 5.04.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No license issued pursuant to the terms of this chapter shall authorize the conducting, operating or carrying on of the licensed business save at a single location and upon individual premises in described in said license.

(Ord. No. 2017-1451, § 2, 10-24-2017)

For the licensing purposes of this chapter, premises or establishments whereon or wherein any public dance hall or public dance is maintained, conducted, carried on or permitted, are classified and required to be licensed as follows:

(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.

(d)

A Class "D" license shall be required where dancing is conducted in a bona fide club; the term "club" as used in this subsection means and includes only corporations or associations created by competent authority, which are the owner, lessees or occupants of premises operated solely for objects of national, social, fraternal, patriotic, political, or athletic nature, membership in which is by application, and for which regular dues are charged, and the advantages of which said club belong to all members, and the operation of which is not primarily for pecuniary gain.

(Ord. No. 2017-1451, § 2, 10-24-2017)

In addition to the reasons stated in the uniform licensing procedure, set out in Chapter 5.04, the Issuing Officer shall have the power to deny any application if it appears that the applicant, or the person to have direct management of the premises, is not a suitable or proper person to carry on the business for which the license is sought, or if the premises proposed to be used in the conduct of the business to be licensed shall be deemed not to be a suitable or proper place therefor, or if the protests and objections of private residents in the immediate vicinity of the premises proposed to be licensed, or if the health, welfare or public morals of the community, warrant such denial. The Issuing Officer may allow the license upon such conditions as he determines would cure the situations which would otherwise result in denial of the license.

(Ord. No. 2017-1451, § 2, 10-24-2017)

All Class "C" licenses shall expire at 2:00 a.m. of the calendar day following the date of issue. Applicants may state in their applications the date on which they desire to have the license issued. Such license shall not be renewed, but a new application must be filed with the Issuing Officer to obtain a new license.

(Ord. 88-783, 5-24-88; Ord. No. 2017-1451, § 2, 10-24-2017)

The fees for licenses issued pursuant to the provisions of this chapter, shall be payable in advance; and for the several types or classes of licenses provided by this chapter, the fee for each license shall be $93.00 per year.

(Ord. No. 2017-1451, § 2, 10-24-2017)

It is unlawful for any person to carry on, or conduct, or assist in carrying on, maintaining or conducting any public dance hall or dance in connection with any business or place where alcoholic beverages are sold or served, in any room, place or space which does not contain a floor space allocated to dancing.

(Ord. No. 2017-1451, § 2, 10-24-2017)

All establishments licensed or required to be licensed under this chapter shall have an adult manager on the premises at all times when dancing is being conducted. Such manager, if other than the licensee, shall be registered with and approved by the Development Services Director, subject to the recommendation of law enforcement.

No person shall be employed as a manager of a public dance establishment unless and until such person has appeared in person with the Development Services Director and completed the registration form provided by the Development Services Director. Any person applying for registration under this section shall specify:

(a)

Name and residence address;

(b)

Social Security number and driver's license number, if any; and

(c)

Whether such person has been convicted within the past five years of any crime except misdemeanor traffic violations. If an applicant has been so convicted, the application must state the name of the person so convicted, the date of said conviction, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction.

A person applying for registration as a manager shall in addition to the information required herein, provide the Development Services Director with two recent two-inch × two-inch passport-quality photographs, one of which will be affixed to the registration; the remaining one will be placed in the Development Services Director's file.

No person shall employ any person as a manager of a public dance establishment until such person has applied for and received a license as provided herein and until written notification has been received from the Development Services Director that such manager applicant has been duly licensed. The Development Services Director's notice of licensing shall be maintained by the employer at the place of business and shall be available for inspection at all times.

(Ord. No. 96-999, 7-23-96; Ord. No. 2017-1451, § 2, 10-24-2017)

The annual registration fee for a public dance manager shall be $78.00 and renewal fee shall be $78.00.

(Ord. No. 96-999, 7-23-96; Ord. No. 2017-1451, § 2, 10-24-2017)

In the event that any licensee desires to change the individual designated in the license as the person to have direct management of the licensed premises he shall forthwith notify the Development Services Director, proposing the name of the person to be substituted in the management and control of the licensed premises. The person so proposed shall be investigated by the Development Services Director. If such a person is in compliance with the requirements under Subsection 5.12.095(c) of this Code, the Development Services Director may consent to such changes. In the event that such person is not in compliance with the requirements under Subsection 5.12.095(c) of this Code, the license may be suspended by the Development Services Director, in his discretion, pending the proposal of some other person in compliance with the requirements under Subsection 5.12.095(c) of this Code.

(Ord. No. 2017-1451, § 2, 10-24-2017)

It is unlawful for any owner, proprietor, manager, or the person in charge of any place licensed under the provisions of this chapter, or for any employee of such place at any time when alcoholic beverages are actually on sale or are being offered free in said place, to harbor, admit, receive or permit to be in, or remain in or about such place during the time when dancing is actually being carried on or conducted or permitted, any person under the age of 21 years unless such person is accompanied by his or her parent, spouse, or legal guardian; provided, however, that the foregoing provisions shall not prohibit the entry of such persons into any dining room located in or upon premises occupied by an inn or hotel of 20 or more rooms and actually maintained and operated as a bona fide part of such hotel business; provided, however, that nothing in this chapter shall be construed so as to prevent minors from attending any public dance or being in any public dance hall or place where alcoholic beverages are not sold or given away, and; provided further, that nothing in this chapter shall be construed to prevent the holder of any license issued under this chapter from closing his bar and permitting minors to dance in such hall or place during such time as no alcoholic beverages are on sale or offered without charge therein. In the event that any place or hall licensed under this chapter is used for a public dance at which minors are allowed to attend, all alcoholic beverages must be under lock and key so that no person except the owner or his agent shall have access thereto.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Notwithstanding the provisions of Section 5.12.110 or any other provisions of this Code, no person under the age of 18 years shall attend any place or hall licensed under this chapter to be used for a public dance unless said person is accompanied by his or her parent, spouse, or legal guardian.

(Ord. No. 2017-1451, § 2, 10-24-2017)

It is unlawful for any person under the age of 21 years falsely to represent himself or herself as being of the age of 21 years or more for the purpose of obtaining admission to any premises licensed under the provisions of this chapter.

(Ord. No. 2017-1451, § 2, 10-24-2017)

(a)

It is unlawful for the owner, proprietor, manager or person in charge of any place licensed under the provisions of this chapter, or for any employee of such place, to harbor, admit, receive, or permit to be on or remain in or about such place, any intoxicated or boisterous person and/or any person under the influence of any drug, or any person whose presence or conduct tends to corrupt the morals of any other persons present, or whose conduct or presence tends to create a violation of any of the provisions of this chapter.

(b)

It is unlawful for any of the following persons to be or remain in or about any place licensed under the provisions of this chapter:

(1)

Any lewd or dissolute person of either sex;

(2)

Any drunken or boisterous person and/or any person under the influence of any drug, or any person whose conduct while present in said place tends to create a violation of any of the provisions of this Code, or of any law of the State, or which tends in any way to corrupt the good morals of any person or persons attending said dance hall, or in any way interferes with the proper management and control of said dance hall.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Boisterous conduct and profanity is unlawful in dance halls, in the hallways leading thereto, and in the immediate vicinity of the premises licensed under the provisions of this chapter. It is unlawful for any person in such dance halls to engage in any dance of an immoral, obscene or vulgar character or to conduct himself or herself in an immoral, obscene or vulgar manner in such dance halls.

(Ord. No. 2017-1451, § 2, 10-24-2017)

It is unlawful to provide or permit any music, dancing, or entertainment in or about any premises licensed under the provisions of this chapter between the hours of 2:00 a.m. and 11:00 a.m.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No license shall be granted under the provisions of this chapter unless the hall or place in which said dance is to be held shall comply with this Code and regulations of the City. The holder of such license shall keep such dance hall, hallways leading thereto, and the immediate vicinity in a clean and sanitary condition at all times, and have all stairways, hallways, other passages, and rooms connected with such dance hall at all times open, adequately lighted and properly ventilated.

(Ord. No. 2017-1451, § 2, 10-24-2017)

It shall be the duty of every owner, leasee, proprietor, manager or occupant of any hall, room, building or place licensed under the provisions of this chapter to have present at all times, when dancing is carrying on in such hall, room, building or place, the qualified person or persons approved by law enforcement whose duty it shall be to see that the provisions of this chapter are lawfully carried out. Provided that the foregoing shall not apply where dancing is carried on or permitted under a Class "D" license as defined in this chapter, and where no alcoholic beverage is sold, served or consumed on the premises so licensed.

(Ord. 88-783, 5-24-88; Ord. No. 2017-1451, § 2, 10-24-2017)

Any peace officer of the City or State, or any officer of the United States Government charged with the duty of enforcing the public laws of the United States Government, shall have free access at all times to any dance hall licensed under the provisions of this chapter.

(Ord. No. 2017-1451, § 2, 10-24-2017)

For any violations of the provisions of this chapter or for any cause by it deemed sufficient, the Licensing Officer may at any time, by resolution, suspend or revoke any license under the terms of this chapter.

(Ord. No. 2017-1451, § 2, 10-24-2017)