Simi Valley Municipal Code Ch. 7 Dances and Dance Sites

* Chapter 7 entitled "Dances and Dance Halls", consisting of Sections 5-7.01 through 5-7.18, recodified from Sections 2221 through 2230, S.V.M.C., as amended by Ordinance Nos. 346, effective May 24, 1978, and 570, effective May 16, 1984, repealed by Ordinance No. 661, effective March 11, 1987.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Public dance" shall mean any place where dancing is participated in by one or more couples and where dancing is allowed or permitted which is open to the public and to which there may or may not be an admission charge. "Public dance" shall not include the activities of students and instructors of a regularly established dance academy conducting instructions in dancing.

(b) "Alcoholic beverage" shall mean and include alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which beverage contains one-half of one percent (0.5%) of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.

(c) "Teenage dance" shall mean a public dance held or conducted exclusively for teenagers.

(d) "Teenager" shall mean any person who is thirteen (13) years of age or over and under the age of eighteen (18) years.

(e) "Bar/drinking place" shall mean those establishments required to obtain a State Alcohol Beverage Control License, Type 40 On-Sale Beer, Type 42 On-Sale Beer and Wine Public Premises, Type 48 On-Sale General Public Premises or Type 61 On-Sale Public Premises, which allow the on-site consumption of alcoholic beverages.

(f) "Dance" shall mean a social gathering for the purpose of performing either alone or with others rhythmic and patterned succession of steps, usually to music.

(§ 2, Ord. 661, eff. March 11, 1987, § 1, as amended by Ord. 1007, eff. September 13, 2001)

(a) Public dances. No person shall keep, conduct, maintain or knowingly permit any building, house, hall, room, apartment, tent, or place under his control to be used, in whole or in part, for a public dance without first obtaining a permit therefor.

(b) Teenage dances.

(1) Required. No person shall open, conduct, stage, sponsor or operate a teenage dance, or series of teenage dances, or allow any teenage dance to be held without a permit issued pursuant to the provisions of this chapter.

(2) Exceptions. No permit for a teenage dance shall be required for any agency or department of the City, recognized educational institution, recreation or park district, or other political subdivision of the State which is normally engaged in youth or child-serving activities.

(§ 2, Ord. 661, eff. March 11, 1987)

(a) Public dances. Any person desiring to obtain a permit for a public dance shall make a written application to the Chief of Police therefor, stating, in addition to the information required by the provisions of Section 3-1.103 of Article I of Chapter 1 of Title 3 of this Code, the following information:

(1) The name and residence of the applicant and of all other persons having an interest in the business;

(2) The exact location where the public dance is to be conducted;

(3) That the applicant is not disqualified by the provisions of Section 5-7.04 of this chapter; and

(4) The names and addresses of each adult supervisor for a teenage dance shall be given to the Chief of Police at least two (2) weeks before such person begins work.

(b) Teenage dances. An application for a teenage dance permit shall be made to the Chief of police a minimum of twenty-one (21) days prior to the dance by an adult sponsoring group/individual on an application for approved by the Chief of Police. Such application shall contain, but shall not be limited to the following information:

(1) The name and address of the adult sponsoring group/individual;

(2) The date upon which the dance is to be held;

(3) The address of the place where the dance is to be held;

(4) The time at which the dance is to begin and end;

(5) The approximate attendance expected and the minimum number of adult supervisors who will be in attendance at all times during the holding of the dance;

(6) The names and addresses of the adult supervisors who will be in attendance at such dance;

(7) The minimum number of law enforcement officers, or security personnel in lieu thereof, to be employed by the sponsoring group/individual and to be in attendance at all times during the holding of the dance. The minimum number of law enforcement officers or security personnel shall be not less than one for each 100 teenagers, or fraction thereof, in attendance or such larger number as the Chief of Police determines is necessary for proper law enforcement; and

(8) Certification that the place or premises where the dance will be held is reasonably adequate for the purposes and conforms with the health, safety, and fire laws of the City. Such certification shall specify the maximum number of persons who may safely be accommodated at the dance.

(§ 2, Ord. 661, eff. March 11, 1987)

(a) Public dances. The Chief of Police shall approve the application for a permit for a public dance unless one or more of the following circumstances is apparent to the Chief of Police in that the following matters are attributed to the applicant which directly relate to the operation regulated by the provisions of this chapter:

(1) Prior arrests of the applicant;

(2) Prior convictions of the applicant;

(3) The applicant was a defendant in a civil suit related to such type of business or activity;

(4) Unethical business practices or activities;

(5) Information of the Better Business Bureau;

(6) Credit checks from bona fide credit business services; or

(7) The District Attorney Consumer Fraud Division.

The Chief of Police shall disregard such information and issue a permit if mitigating circumstances exist as provided for in Section 2.11.01 of Chapter 11 of Title 2 of this Code as related to such matters, whether involving prior convictions or other designated sources of information.

(b) Teenage dances. Upon the filing of an application for a teenage dance permit, the Chief of Police shall cause to be made such investigations as he or she deems necessary. If the Chief of Police shall find that the conducting of such dance for which the permit is requested, and at the place set forth in the application, will not violate any law of the City or State or constitute a menace to the health, peace or safety of the community, and the applicant is an adult sponsoring group/individual approved by the Chief of Police, the Chief of Police shall approve such application for a permit. If the adult sponsoring group is exempted from the payment of the Bank and Corporation Tax by virtue of Subsections (a), (b), (d), (f), (g), or (l) of Section 23701 of the Revenue and Taxation Code of the State, the permit shall be issued without a fee by the Department of General Services.

(c) Conditions of approval. Notwithstanding any other provision of this code, the Chief of Police may require a permit and/or condition a permit with such conditions he or she believes is reasonably necessary to protect public health, safety or welfare.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by § 2, Ord. 1007, eff. September 13, 2001, § 1, Ord. 1032, eff. May 8, 2003)

The fees for a permit for a public or teenage dance shall be set by resolution of the Council. However, no fee shall be charged for the issuance of such permit if the permittee is a charitable corporation or if the net proceeds from the dance for which the permit is issued are used for charitable purposes.

(§ 2, Ord. 661, eff. March 11, 1987)

The permit issued pursuant to the provisions of this chapter shall be available for inspection at all times when the dance is being conducted.

(§ 2, Ord. 661, eff. March 11, 1987)

The permit for a public or teenage dance shall authorize the public or teenage dance to be carried on only at the place set forth in the application therefor and shall not be transferable, except upon a written application to, and the written approval of, the Chief of Police.

(§ 2, Ord. 661, eff. March 11, 1987)

An applicant whose permit has been denied or revoked shall be ineligible to reapply for any dance permit for a period of one calendar year from the date of denial or effective date of revocation.

(§ 4, Ord. 1007, eff. September 13, 2001)

Public dances shall not be held between the hours of 2:00 a.m. and 8:00 a.m. of any day. Teenage dances shall not be held after the hour of 12:00 midnight on any day immediately preceding a day when City public schools are in session, or after the hour of 1:00 a.m. on any other day, unless a permit specifically authorizing otherwise is obtained under this chapter. No person in charge of any public dance shall permit any person, except the person in charge thereof or persons regularly employed in and about the dance site, to remain therein between the hours of 2:00 a.m. and 8:00 a.m. of any day. No person in charge of any public dance site where teenage dances are held shall permit any teenaged person to remain therein after the hour of 12:00 midnight on any day immediately preceding a day when City public schools are in session, or after the hour of 1:00 a.m. on any other day. Permittees under this chapter shall file with the Chief of Police a schedule of the opening and closing times of their establishments and shall file written notice of any modification of such schedule at least one week before such change takes place.

Except for the provisions relating to teenage dances, this section shall not apply to places regularly and daily engaged in carrying on and conducting a hostelry, cafe, bar or restaurant where such business constitutes a material part or portion of such enterprise.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by § 3, Ord. 1007, eff. September 31, 2001)

Except as otherwise provided in this chapter, no person under the age of eighteen (18) years shall enter or remain in any place where a public dance is being conducted, nor shall any person in charge of a public dance permit any person under the age of eighteen (18) years to enter or remain in a place where an adult public dance is being conducted, unless such person under the age of eighteen (18) years is accompanied by his or her parent or guardian.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by §§ 3 and 5, Ord. 1007, eff. September 31, 2001)

The zoning and safety of a public or teenage dance site shall also be subject to review and approval for dancing by the Department of Environmental Services. The review shall be for compliance with zoning regulations including use permissibility within the zone and parking requirements. The Chief of Police shall not approve the application required by the provisions of Section 5-7.03(b) of this chapter until he or she receives written approval from the Department of Environmental Services and finds that the proposed site is not within two hundred and fifty feet (250′) of a bar/drinking place.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by §§ 3 and 6, Ord. 1007, eff. September 31, 2001)

The minimum number of adult supervisors shall be not less than one for each fifty (50) teenagers, or fraction thereof, in attendance. In no event shall there be less than two (2) adult supervisors. There shall be at least one male and one female supervisor in attendance. When three (3) or more supervisors are required, there shall be at least one uniformed security guard, licensed by the State, in attendance. Supervisors shall supervise the parking area as well as the inside of the establishment.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by § 3, Ord. 1007, eff. September 31, 2001)

All places where teenage dances are held shall be lighted throughout to an intensity to the extent whereby the security personnel can clearly read a patron's identification without the aid of auxiliary illumination.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by § 3, Ord. 1007, eff. September 31, 2001)

All off-street parking facilities made available for the participants of teenage dances shall be adequately lit.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by § 3, Ord. 1007, eff. September 31, 2001)

At all places where teenage dances are held, there shall be a minimum of one pay telephone available to patrons and at least one private telephone for use by the operators of the establishment.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by § 3, Ord. 1007, eff. September 31, 2001)

No participant admitted to a teenage dance for which no admission fee is charged shall be permitted to leave and thereafter reenter the dancing premises during the course of the event. No participant admitted to a teenage dance for which an admission fee is charged shall be permitted to leave and thereafter reenter the dancing premises without paying such fee in full upon each and every reentry. No pass-out checks shall be issued, unless required by the physical arrangements of the premises.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by § 3, Ord. 1007, eff. September 31, 2001)

It shall be unlawful to bring, sell, consume or make available any alcoholic beverage on the premises in or about which any teenage dance is held. Admission to a teenage dance shall be denied to any person showing evidence of drinking any alcoholic beverage or who has any alcoholic beverage on his or her person.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by §§ 3 and 7, Ord. 1007, eff. September 31, 2001)

Employees shall not dance with teenage patrons attending a teenage dance, and no chaperone or security personnel shall enter into any activity which would detract from his or her primary responsibilities of supervision, the enforcement of rules and handling the supervision at the entrance to the dance, such as tickets and the like.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by §§ 3 and 8, Ord. 1007, eff. September 31, 2001)

It shall be unlawful for any person to loiter on or about the premises at which a teenage dance is being conducted.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by § 3, Ord. 1007, eff. September 31, 2001)

All places where teenage dances are held pursuant to this chapter shall be open without charge during all hours of operation for inspection by the Police Department or Municipal Code Specialists.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by § 3, Ord. 1007, eff. September 31, 2001)

At least one copy of the house rules and the rules outlining the provisions of this chapter which are applicable to the conduct of teenage dances shall be conspicuously posted inside and outside at appropriate places which will enable patrons to review such rules prior to entering establishments where teenage dances are being held.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by § 3, Ord. 1007, eff. September 31, 2001)

In addition to the remedies set forth in Section 5-7.22 of this chapter, any person violating any of the provisions of this chapter, or the terms of any permit issued pursuant to this chapter, shall be deemed guilty of an infraction or misdemeanor.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by § 3, Ord. 1007, eff. September 31, 2001)

Any operation, conduct or maintenance of a public or teenage dance contrary to the provisions of this chapter shall be grounds for the revocation, suspension or modification of the permit issued pursuant to the provisions of this chapter. In addition, more than five (5) police emergency responses to the premises in any three hundred and sixty-five (365) consecutive day period may be grounds for the revocation, suspension or modification of the permit. The conviction of any person working for, associated with or owning a public or teenage dance site of a crime as the result of performing services for such public or teenage dance site shall be grounds for the revocation of any permit granted for such person and/or public or teenage dance site. Any ground for denial of an application shall also be good cause for revocation, suspension or modification of a permit.

(§ 2, Ord. 661, eff. March 11, 1987, as amended by §§ 3 and 9, Ord. 1007, eff. September 31, 2001)

No permit shall be revoked, suspended or modified until after a hearing shall have been held before the Council to determine just cause for such action; provided, however, the City Manager may, in an emergency situation, order any permit suspended pending such hearing, and it shall be unlawful for any person to carry on the business of a dance or dance site or to operate as a dance or dance site, depending upon the particular type of permit which has been suspended, until the suspended permit has been reinstated by the Council. If the City Manager orders a suspension, the hearing by the Council shall be scheduled within twenty-one (21) days after the order requiring suspension. Notice of such hearing shall be given in writing and served, as set forth in Section 5-7.25 of this chapter, at least five (5) days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such permit, or against the business carried on by the permittee at the dance or dance site, and shall state the time and place where such hearing will be held.

(§ 10, Ord. 1007, eff. September 31, 2001)

The notice required by the provisions of Section 5-7.24 of this chapter shall be served upon the permit holder by delivering such notice to such person or by leaving such notice at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found, and the service of such notice cannot be made in the manner provided in this section, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence, at least five (5) days prior to the date of such hearing.

(§ 11, Ord. 1007, eff. September 31, 2001)

The City Manager shall notify the City Council when an application for a dance permit is approved. City Council Members shall have fourteen (14) days in which to appeal the approval of the dance permit. In order to file such an appeal, the appeal shall be signed by two (2) Council Members. If the dance permit approval is appealed, the City Council shall set the matter for public hearing and hear the matter upon written notice to the applicant. At such hearing the Council may deny the permit or add, modify or delete conditions of approval. If the dance permit is not appealed within fourteen (14) days, then it will be considered approved by the City Council. However, the dance permit may be revoked, suspended or modified if necessary, according to the procedures established in this chapter.

(§ 12, Ord. 1007, eff. September 31, 2001)