Taft Municipal Code Ch. 6 Public Dances and Dancehalls

For the purpose of this Chapter the following words and phrases shall have the meaning as in this Section set forth:

KNOWN: When used in connection with the words "prostitute" or "male or female procurer" or "vagrant" means and includes known to the manager, owner or lessee of the dancehall, or to the person conducting a dance, or to the police or other authorities having to do with the regulations or supervision of public dancehalls, or public dances, to be one of the persons named, or who has such reputation or character, or one who has pleaded guilty to or had been convicted of being a prostitute, male or female procurer, or vagrant.

PUBLIC DANCE: Any dance to which the public generally may gain admission with the payment of a fee, but does not include dancing in a regularly licensed establishment where dancing is incidental to the business for which the license was issued, and where the dance does not continue past two o'clock (2:00) A.M.

PUBLIC DANCEHALL: Means and includes any room, place or space in which a "public dance" as defined in this Section is conducted. (Ord. 549, 1987)

It is unlawful to hold or conduct any "public dance" as defined in Section 4-6-1 of this Chapter or maintain, operate or conduct a "public dancehall" as defined in Section 4-6-1 in any public dancehall within the limits of the City, until the person owning or conducting the dancehall, or other place in which the same may be held, has first obtained a written permit therefor as provided in this Chapter. (Ord. 549, 1987)

Applications for a permit to keep and conduct a public dancehall shall be on forms supplied by the City Clerk and shall be substantially as follows:

APPLICATION FOR PERMIT TO

CONDUCT A PUBLIC DANCEHALL

, 19

The undersigned hereby makes application for a permit to keep and conduct a public dancehall at , in the City of Taft, State of California, from date of issuance of permit to and including , 19 . It is hereby expressly agreed that in the event that this permit shall be issued that said dancehall shall be conducted in strict accord with the provisions of law regulating public dancehalls, and the undersigned agrees that the permit is given and accepted subject to the provisions of this application and that he shall be held responsible for violation of any provisions of law or ordinance regulating public dancehalls.

There are square feet of dancing space in said hall.

The undersigned is the proprietor of the hall located at the above address, in which hall an application for keeping and conducting a public dancehall is hereby made.

Signature of Applicant

Post Office Address of Applicant

(Ord. 549, 1987)

Upon receiving such application the City Manager shall refer the same to the Chief of Police, Chief Building Inspector and the Director of Planning for a report and recommendations covering the following subjects:

(A) Moral character of operator and/or applicant;

(B) Suitability of location for the premises in respect to the neighborhood;

(C) Compliance of the premises with all laws, ordinances and health and fire regulations;

(D) Suitability of operation in respect to activities conducted on the premises or related thereto and whether the general welfare and convenience is affected by the issuance of a permit to operate the public dance. (Ord. 549, 1987)

Application for a permit to conduct a "public dance" as defined in Section 4-6-1 shall be upon forms supplied by the City Clerk and shall be substantially as follows:

APPLICATION FOR PERMIT TO

CONDUCT A PUBLIC DANCE

, 19

The undersigned hereby makes application for a permit to give a public dance at , in the City of Taft from the date of issuance of this permit to and including the day of , 19. It is hereby expressly agreed that said dance shall be conducted in strict accord with the provisions of law regulating public dances, and the undersigned agrees that the permit is given and accepted subject to the provisions of this application and that he shall be held responsible for any violation of any provisions of law or ordinance regulating any public dance.

The owner or lessee of the premises in which such dances are to be held is:

(Name)

(Occupation)

(Street)

(Name)

(Address)

(Ord. 549, 1987)

All permits provided for in this Chapter shall be granted and accepted with the express understanding and agreement that the Council of the City may revoke the same at any time if any of the terms or conditions of same have been violated or if the same was obtained by fraudulent representations, or it is shown to the satisfaction of said Council that said dance or place is conducted in an unlawful manner, or that same is detrimental to the social peace or public morals of the community; provided, however, that the holder of said permit may appear before the Council in his own behalf, but the Council shall be the judge of the sufficiency of the charges or of what is detrimental to the social peace or public morals and the decision of said Council thereon shall be final and conclusive. (Ord. 549, 1987)

If at any time the permit for a public dance hall is revoked for a violation of the provisions of this chapter, then in that event at least three (3) months shall elapse before another permit is granted to the manager, owner or lessee of such premises. (Ord. 549, 1987)

(A) All permits granted under this chapter shall be good until the time in said permit specified not exceeding one year. The same shall not be assignable.

(B) If the permits as provided for in this chapter are revoked by the council, no new permit shall be granted to such person, or to any person who was an agent or employee of such person at the time of any violation of this chapter, or at the time of the application for a new permit. (Ord. 549, 1987)

It is unlawful to maintain or conduct any public dance without paying therefor for a license fee. (Ord. 549, 1987)

Except as provided herein, it is unlawful for any person to whom a public dance or public dance hall permit is issued, or for any person who is conducting a public dance or public dance hall under permit from the city, or any person who is conducting a public dance within the city to allow any alcoholic liquor to be sold or brought onto the premises where the dance is in progress or allow or permit any person under the influence of liquor to remain at the dance. Notwithstanding the foregoing provision, alcoholic liquor may be sold and consumed in any room or on the premises where a dance is in progress under the following circumstances:

(A) No person under the age of twenty one (21) is permitted to enter the dance.

(B) Alcoholic beverages purchased at the dance must be consumed within the building where the dance is being conducted.

(C) One licensed security guard shall be stationed outside of the premises where the dance is being conducted.

(D) There shall be a minimum of three (3) licensed security guards inside the premises for up to three hundred fifty (350) persons in attendance at the public dance. Therefore, there shall be an additional security guard added for each one hundred fifty (150) persons (or any number of persons constituting part of the additional 150 persons). (Ord. 549, 1987)

All permits as provided in this chapter shall be granted and accepted upon the further understanding and agreement that all the terms, provisions and regulations contained in this chapter as the same now is or may hereafter be amended, shall be fully complied with. (Ord. 549, 1987)

(A) It is unlawful to permit any person who has not reached the age of sixteen (16) years to attend or remain at any public dance unless such person is accompanied by the parent or legal guardian of such person.

(B) It is unlawful for any person to represent himself or herself to have reached the age of sixteen (16) years in order to attend or remain at any public dance when such person in fact is under sixteen (16) years of age, and it is unlawful for any person to falsely represent himself or herself to be a parent or legal guardian of any person in order that such person may attend or remain at any public dance.

(C) The fact that a person under the age of sixteen (16) years secured admission to any such dance hall under false representations as to age, or false representation that he or she was accompanied by a parent or guardian, shall be no defense to the person holding such person in prosecution for violation of this chapter nor than such person was admitted by an employee. (Ord. 549, 1987)

Section 4-6-2 of this chapter shall be inapplicable to any public dance operated by a nonprofit, charitable, philanthropic, social service, benevolent, educational, civil or religious organization. (Ord. 549, 1987)

All public dances and dancing in establishments in which dancing is incidental to the business shall be stopped and discontinued and all public dance halls shall be closed at two o'clock (2:00) A.M. except when a special permit to continue beyond such time has been granted by the chief of police. (Ord. 549, 1987)

It is unlawful for any known prostitute, male or female procurer, or vagrant, to be present at any public dance or any public dance hall. (Ord. 549, 1987)

(A) It is the responsibility of the permittee to maintain peace and good order at all public dances.

(B) The police chief is authorized to suspend the permit provided for in this chapter and close the public dance for a period of not more than two (2) weeks whenever he determines that the permittee has failed to maintain peace and good order and that an emergency exists as a result of such failure.

(C) For the purpose of maintaining peace and good order at public dances, the permittee may hire private patrol operators or security guards who are licensed by the state. (Ord. 549, 1987)

Upon the recommendation of the chief of police, the city manager may require the operator of any public dance or public dance hall to prohibit pass out or return checks to the patrons leaving the dance hall or its anterooms. (Ord. 549, 1987)

Any person, firm, association or corporation who violates, causes, permits or allows the violation of any of the provisions of this chapter or who fails to comply with any of the terms, requirements or provisions contained in this chapter, shall be guilty of an infraction. (Ord. 694-02, 8-20-2002)