San Marcos Municipal Code Ch. 5.16 Teenage Dances

It is the intent of the City Council in enacting this chapter to prescribe the exclusive procedure for the licensing of public dances attended by persons of 14 or more years of age but under 20 years of age.

Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this chapter:

(a)

Adult means any person 21 years of age or over.

(b)

Adult sponsoring group means a nonprofit organization, one of whose objectives is to sponsor, regulate and control youth activities and child welfare, and which assume full and complete responsibility for the direction of a teenage dance.

(c)

Department shall mean the San Diego County Sheriff's Department, unless otherwise specifically designated.

(Ord. No. 88-783, 5-24-88)

(d)

Private teenage dance means a closed dance for members of an organization and their invited guests.

(e)

Police or Policeman includes any private Police Officer, any Peace Officer, whether on-duty or off-duty, Reserve Deputy or Special Deputy, employed by any public agency or political subdivision.

(f)

Teenage means any person 14 or more years of age but under 20 years of age.

(g)

Teenage dance means a dance attended by a teenage person unaccompanied by his parent or guardian.

(h)

Youth service organization includes any bona fide organization whose primary purpose is to provide moral or spiritual development, education, or recreation for teenagers.

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

The Issuing Officer may issue the following classes of teenage dance permits:

(a)

A Class "A" permit which shall be issued for a period of one calendar year.

(b)

A Class "B" permit which shall be issued for Friday and Saturday nights only for a period of one year.

(c)

A Class "C" permit which shall be issued for one day or one night only.

The fees for permits issued under this chapter shall be payable to the Department in advance in the amounts established as follows:

(a)

For a Class "A" permits, the fee shall be $93.00; for renewal of Class A Permits, $93.00;

(b)

For a Class "B" permits, the fee shall be $93.00; for renewal of Class B Permits $93.00;

(c)

For a Class "C" permits the fee shall be $15.00.

(Ord. No. 88-783, 5-24-88)

The provisions of this chapter shall not apply to any teenage dance conducted or sponsored:

(a)

By any agency or department of any City, political subdivision, school district, or other governmental agency;

(b)

In a private home;

(c)

By any recognized youth service organization for its members and guests only.

The Issuing Officer shall issue a permit required by this chapter if it finds that the applicant is qualified and has not had a similar permit revoked by the Police Department within one year prior to the date of application and that the place or premises where the proposed dance is to be held do not violate this chapter or other provisions of this Code and other ordinances of the City or the laws of the State and that the dance will not be contrary to the public health, morals, peace, welfare or safety. The Issuing Officer may issue the permit subject to any conditions which it deems reasonably necessary for the protection of the public health, welfare, morals or safety.

(a)

A Class "A permit issued pursuant to this chapter shall expire at midnight on the last day of December in the calendar year of its issuance. The permit may be renewed upon the application of the permittee. The renewal fee shall be the same as the fee prescribed for an original permit and shall accompany the application for renewal.

(b)

A Class "B" permit issued pursuant to this chapter shall expire at midnight of the last day of December of the year for which it was issued. A Class "B" permit shall not be renewed, but a new application shall be filed with the License Department to obtain a new permit.

(c)

A Class "C" permit issued pursuant to this chapter shall expire at midnight of the date for which it was issued. A Class "C" permit shall not be renewed, but a new application shall be filed with the License Department to obtain a new permit.

Within five days after receiving written notification from the Issuing Officer that an application for a permit required by this chapter has been denied or that the permit has been revoked or the renewal thereof denied, any applicant or permittee may file a written request for a public hearing before the City Council. Upon filing of such a request, the City Clerk shall fix a time and place for the hearing and shall notify the applicant thereof. At the hearing, the applicant or permittee may present evidence in support of his application or position. Any interested person may, at the discretion of the City Council, be allowed to participate in the hearing and present evidence. Within ten days after the conclusion of the hearing, the City Council shall render a written report either granting or denying the application for the permit, or sustaining, modifying or voiding the suspension or revocation. In the report, the City Council shall state the facts upon which its decision is based. The report shall be filed in the office of the City Clerk for public inspection and a copy shall be mailed to the applicant or permittee. The decision of the City Council shall be final.

(a)

All places where teenage dances are held shall be adequately chaperoned and supervised and adequately lighted at all times when open for dancing.

(b)

Two chaperones, at least 25 years of age, one of whom shall be a woman, shall be present at each teenage dance.

(c)

All off-street parking facilities made available for participants in a teenage dance shall be adequately lighted and supervised.

No minor admitted to a teenage dance shall be permitted to leave and thereafter re-enter the dancing premises during the course of the dance.

No alcoholic beverages shall be sold, consumed or be available on the premises, in or about which any teenage dance is held. Admission to a teenage dance shall be denied to any person who is or has been drinking any alcoholic beverages or who has any alcoholic beverages on his person.

All teenage dances shall be closed and the premises cleared of participants on or before the hour of 12:00 midnight.

Boisterous conduct and profanity shall be unlawful in the premises where the teenage dance is held, in the hallways leading thereto and in the immediate vicinity of the premises. It shall be unlawful for any person at a teenage dance 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.

No person, other than a participant at a teenage dance or a member or employee of the sponsoring group, shall loiter around or about the premises at which a teenage dance is being conducted.

Any Law Enforcement Officer of the City or any member of a Fire Department charged with the duty of law enforcement shall have free access at all times to any teenage dance issued a permit under the provisions of this chapter.

(a)

Except as provided in subsection (b), a permittee under this chapter shall employ, and there shall be on duty at all times during any teenage dance, at least one policeman for every 100 participants, with a minimum of one policeman for every exit and entrance.

(b)

Adult sponsoring groups may, at the discretion of the Police Department, dispense with the employment of police otherwise required by subsection (a), where it can furnish proof of having present a sufficient number of adult persons to maintain order.

No teenage dance shall be advertised by the use of any media of public advertising prior to the issuance of the teenage dance permit authorizing the dance.

The Police Department is authorized and empowered to adopt such rules and regulations as it may deem reasonably necessary to carry out the purposes of this chapter; however, such rules and regulations shall not become effective until approved by the City Council and a copy of the rules and regulations has been filed with the City Clerk.