Sanger Municipal Code § 6-66 Findings of fact

Footnotes:

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Cross reference— Businesses, ch. 18.

The city council finds, determines, and declares that the public health, safety, and welfare require that cabarets, public dances and certain other public social events be licensed by the city.

(Code 1960, § 10.80)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dancehall includes bars, cabarets, taverns, saloons, nightclubs or other similar establishments licensed by the state department of alcoholic beverage control.

Live musical entertainment includes live disc jockeys playing recorded music.

Public dance means any dance, ball, concert, or social event to which the public generally or any significant segment of the public may gain admission with or without the payment of a fee, at which alcoholic beverages are served or available for purchase, and at which live musical entertainment is provided.

Public dancehall means any room, hall, pavilion, building or other structure kept for the purpose of conducting therein public dances or dancing, or any place in which a public ball, dance or concert is held.

(Code 1960, § 10.81)

Cross reference— Definitions and rules of construction generally, § 1-2.

Any person conducting or engaging in the operation of a public dance, ball, concert, or other public or social event, or attending same, in violation of any provision of this article, shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-7.

(Code 1960, § 10.92)

(a) It is unlawful for any person to conduct or engage in the operation of a public dance or public dancehall without having first procured a license therefor from the chief of police.

(b) The fee for such license shall be established by resolution of the city council.

(c) Application for such license shall be made at the police department and shall state:

(1) The full name or names of the applicant, and his street address.

(2) The name and address of the person who will be present and in charge of the dance or dancehall.

(3) The place, times and dates when the dance will be held or the dancehall operated.

(4) The number of persons expected to attend the dance or dancehall.

(5) A general description of the activities to be held at the dance or dancehall.

(6) Such other and further information as requested by the chief of police.

(d) Each application shall be subject to the approval of the chief of police. The chief of police may disapprove such application if he finds:

(1) That the applicant or person in charge of the dance or dancehall has been previously convicted of a felony; or

(2) That there is probable cause to believe that the dance or dancehall will be the scene of breaches of the peace, civil disorder, riotous conduct; or the unlawful sale or use of alcoholic beverages or controlled substances, and that the person in charge of the dance or dancehall will not take appropriate steps to prevent such illegal conduct. Such determination may be made upon a review of prior incidents at the dancehall which reflect a history of repeated breaches of the peace or other serious criminal activity.

(e) Dances that are officially sponsored and sanctioned by public, parochial or private schools shall be exempt from payment of such license fees, but shall be required to apply for a license as required in this article.

(f) The chief of police may impose appropriate conditions on the issuance of the license.

(g) The chief of police shall not deny a permit by reason of the content of any speech or discussion at the dance or dancehall.

(h) Licenses issued under this article shall expire on the date specified on the license. If no expiration date is specified, or if the license is for an ongoing or recurrent dance or dancehall, such as a bar, tavern, restaurant, saloon or cabaret, the license shall expire on the anniversary date of its issuance.

(Code 1960, § 10.82)

Any person aggrieved by the decision of the chief of police approving, denying, approving with conditions or revoking any dance permit, may appeal that decision to the city council within five days of approval, denial, approval with conditions or revocation of the dance permit.

(Code 1960, § 10.83)

All public dancehalls shall be kept in a clean, healthful and sanitary condition, and shall be well-lighted and well-ventilated at all times during any dance. All stairways, halls, passages, and rooms connected with the dancehall shall be kept open and well-lighted at all times.

(Code 1960, § 10.84)

All public dances, balls or concerts and all music therein shall cease and terminate at or before 2:00 a.m.

(Code 1960, § 10.85)

It is unlawful for any person maintaining, conducting or carrying on any dancehall or having charge or control thereof, or for any person employed in or about the same, to allow or permit any intoxicated person or any disorderly person to enter, be or remain in any public dancehall.

(Code 1960, § 10.86)

(a) It is unlawful for any person conducting a public dance, or for any person having charge or control thereof, at any time when a public dance is being conducted therein, to permit any patron to bring into the public dancehall any intoxicating liquor or illegal controlled substance.

(b) It is unlawful for any person to permit intoxicating liquor to be consumed in a public dancehall, or in any adjacent rooms, unless such premises are licensed by the state, as required by state law, and by the city, as required by licensing laws of the city.

(c) It is unlawful for any patron to bring into a public dancehall, or any room or rooms in connection therewith, any intoxicating liquor at any time when a public dance is being conducted therein.

(d) It is unlawful for any person to consume intoxicating liquor in a public dancehall, or any room or rooms in connection therewith, unless the intoxicating liquor is served by the owner, operator, or employees of such owner, operator, or a licensed caterer of such dancehall. Cans and bottles of any beverage shall not be dispensed to patrons in any public dancehall unless specifically authorized by the chief of police on the license.

(Code 1960, § 10.87)

It is unlawful for any person conducting a public dance or dancehall to allow or permit the patrons of the dance to congregate upon the stairway of or at the entrances to or exits from any public dancehall, while the dance is in progress.

(Code 1960, § 10.88)

No disorderly conduct shall be permitted at any public dance or dancehall, or at any other public or social event in the city. If any police officer of the city finds any disorderly conduct occurring at any public dance or other public or social function, or that the dance or other public or social function is not being conducted in accordance with the requirements of this article, he may summarily close the dancehall or other public or social function, cause the same to be vacated, and may suppress and discontinue the dance or other public or social function.

(Code 1960, § 10.89)

The chief of police may require licensed private security officers to be present at each public dance, ball, or concert or other public or social event, who shall be and remain in continual attendance thereat and until such time as the patrons shall have dispersed.

(Code 1960, § 10.90)

The chief of police may revoke any public dance or dancehall license issued under this article:

(1) For violation of any of the conditions of the license;

(2) For any of the reasons set forth in section 6-69(d);

(3) If he finds that any of the information provided by the applicant under section 6-69(c) is false and was provided with intent to misrepresent the truth; or

(4) For violation of any of the provisions of this article.

(Code 1960, § 10.91)