Tehachapi Municipal Code Ch. 5.24 Public Dances

"Public dance" means a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose for such gathering, or as an incident to some other purpose, and to which premises the public is admitted, with or without charge.

(Ord. 356 § 1, 1969)

A. It is unlawful for any person, firm, partnership, joint venture, corporation, or any group or combination of persons, or any employee, representative or agent of such person, firm, partnership, joint venture, corporation, or any group or combination of persons, to operate or conduct, or participate or assist in the operation or conduct of a public dance in the city unless the proprietor or operator of the place of business or establishment where the public dance is conducted has been issued a license therefor by the city council, and such license has not expired, or been suspended or revoked.

B. Any public agency or nonprofit organization may be exempted from the requirement of the license under this chapter, provided an application for the exemption thereof is submitted to the city council, and an exemption therefor is granted by the council.

(Ord. 356 § 2, 1969)

Any person seeking a license to conduct a public dance shall present an application therefor to the city clerk, which shall show the identity of the proposed proprietor or operator of such dance, the address and location of the premises where such dance is proposed to be conducted, and the residence and mailing addresses of the applicant, together with such other information as may be requested by the city clerk. The city clerk shall exhibit such application to the chief of police, and the application shall be presented to the city council at its next regular meeting, at which time the chief of police shall make his recommendations with respect thereto. The city council shall consider the application, and may permit any persons to be heard with respect thereto, and may continue decision thereon and consideration thereof until a subsequent meeting or meetings, and shall by resolution approve or reject such application. If the application is approved, the city clerk shall issue a license to the applicant, which shall be in force until revoked or suspended.

(Ord. 356 § 11, 1969)

The city council may revoke or suspend for a specified or indefinite period any license issued pursuant to this chapter, after notice to the licensee given as hereinafter specified. Notice that the city council proposes to consider such revocation or suspension shall be given by registered mail to the licensee, addressed to the licensee at the mailing address shown on the application for the license under consideration, which notice shall be signed by the city clerk and mailed not less than five days prior to the date of the meeting at which the city council proposes to consider such revocation or suspension, and shall state the time and place of such meeting. At such meeting, or any adjournment or continuation thereof, the city council shall hear the licensee, and the licensee's attorney and representative, if any, and may hear such other persons as it sees fit, and shall thereupon, by resolution, act upon the proposed revocation or suspension. A license suspended for any indefinite period may be reinstated by resolution of the city council at any meeting, with or without notice to the licensee.

(Ord. 356 § 12, 1969)

Such rejection, revocation or suspension of a license may be supported by a finding of the city council substantially to the effect of one or more of the following:

A. That the applicant or licensee, if previously licensed, failed to conduct the licensed public dance in a manner consistent with the standards of conduct and prohibitions established by this chapter;

B. That the applicant or licensee, whether or not previously licensed hereunder, has permitted disorderly, boisterous, obscene, profane or indecent conduct in the place of business licensed, or proposed to be licensed; or

C. That the physical characteristics of the place of business licensed or proposed to be licensed are such as to tend to make enforcement of the standards of conduct and prohibitions established by this chapter difficult.

(Ord. 356 § 13, 1969)

It is unlawful for any person to dance at a public dance in the city excepting between the hours of two p.m. of any day and one forty-five a.m. of the following day.

(Ord. 356 § 3, 1969)

It is unlawful for the proprietor or operator, or for any employee or agent of the proprietor or operator of a public dance to permit dancing in such establishment excepting between the hours of two p.m. of any day and one forty-five a.m. of the following day.

(Ord. 356 § 4, 1969)

It is unlawful for the proprietor or owner, or any employee or agent of the proprietor or owner of any establishment or place of business, or the persons promoting and/or in charge of any other public dance, to permit any person or persons to dance in such establishment or place of business, unless there is in constant attendance a police matron and/or a police deputy who has been approved in writing for such service by the chief of police; however, the chief of police, in his sole discretion, may exempt the proprietor, owner or promoter from this requirement if he feels that the circumstances surrounding such public dance do not warrant a police matron and/or police deputy to be in attendance at such public dance. Such police matron's and/or deputy's services and attendance shall be at the expense of the operator, proprietor, promoter or person in charge of the public dance. The chief of police shall have the power to grant, withhold or revoke such approval, at his discretion. The chief of police may, at his discretion, require the services of both a police matron and police deputy.

(Ord. 356 § 5, 1969)

It is unlawful for any person to enter or remain in a place of business or establishment where a public dance is conducted while indulging in obscene, profane, vulgar or boisterous language or conduct.

(Ord. 356 § 7, 1969)

It is unlawful for the proprietor or operator, or any employee or agent of the proprietor or operator of a place of business or establishment where a public dance is conducted, to permit any person to remain in such place of business or establishment who conducts himself in violation of Section 5.24.090 of this chapter.

(Ord. 356 § 8, 1969)

It is unlawful for any person under the age of twenty-one years to attend any public dance, or to loiter at or near the doors of any public dance, while a public dance is being conducted therein, unless the public dance is conducted solely for the benefit of persons under the age of twenty-one years. The foregoing shall only apply to public dances in which alcoholic beverages are sold or are otherwise consumed with the consent of the organizers of the public dance.

(Ord. 96-02-630 § 1(part), 1996; Ord. 356 § 9, 1969)

It is unlawful for any person in charge of or conducting a public dance to permit any person under the age of twenty-one years to enter or remain in any public dance, or engage in dancing in such place, or to loiter at or near the doors of any public dance, while a public dance is being conducted therein, unless such public dance is conducted solely for the benefit of persons under the age of twenty-one years. The foregoing shall only apply to public dances in which alcoholic beverages are sold or are otherwise consumed with the consent of the organizers of the public dance.

(Ord. 96-02-630 § 1(part), 1996; Ord. 356 § 10, 1969)

Every person violating, or failing or neglecting or refusing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding the sum of five hundred dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment; and each such person shall be deemed guilty of a separate offense for each day during any portion of which the violation of, or failure, neglect or refusal to comply with, any of the provisions of this chapter is committed, continued or permitted by such person.

(Ord. 356 § 14, 1969)