Tehama Municipal Code Ch. 6.12 Public Dances and Dancehalls

This chapter shall be deemed an exercise of the police power of the state, and of the county, for the protection of the public, economic and social welfare, health, peace and morals and all its provisions shall be liberally construed for the accomplishment of that purpose.

(Ord. 343 §1, 1963)

For the purposes of this chapter, the following words shall have the meanings set out in this section:

A. "Public dance" shall mean any dance to which the general public is invited and an admission fee or donation is charged or requested. This chapter shall not apply to private dances or to dances open only to the members and guests of any charitable, patriotic, benevolent or fraternal organization whether an admission is charged or not, providing, the charitable organization receives at least eighty percent of the gross proceeds.

B. "Public dancehall" shall mean any building, room platform, tent, or place where any dance is held to which the general public is invited and an admission fee or donation is charged or requested.

C. "Security firm" shall mean a company regulated by the bureau of collection and investigative services, department of consumer affairs, and whose officers have authority to act as private security officers pursuant to Division 3 commencing with Section 7500 of the Business and Professions Code.

(Ord. 1389 §1, 1987; Ord. 343 §3, 1963)

It shall be unlawful to open up, conduct, manage, or maintain a public dancehall or public dance within the county, outside of any incorporated city, without a valid and subsisting permit and license so to do.

(Ord. 343 §2, 1963)

For the purpose of procuring a dancehall permit and license, the applicant shall, at least five weekdays prior to the proposed date of the first dance, file an application therefor in writing with the sheriff, which application shall contain the following information:

A. The name, residence and post office address of the applicant or applicants, if a natural person or persons, and the name, principal place of business, names and addresses of officers and directors of the corporation, if the applicant is a corporation;

B. The names of the owners and lessees of the premises on which it is proposed to conduct or maintain the public dance;

C. A particular description of the real property upon which it is proposed to conduct or maintain the public dancehall;

D. A particular description of the dancehall which shall be accompanied by a plan of the building showing the location of exits, drinking fountains, toilets and other accessories to be used in connection therewith;

E. Whether or not the applicant or anyone owning an interest in the business, or proposed business has been convicted of a felony or of violating any law or ordinance relating to intoxicating liquors, gambling, public morality or decency, narcotic drugs or involving any intent to defraud;

F. The total number of dances which the applicant proposes to hold during the ensuing year on the premises described in the application, including the dates and times of said dances;

G. Said application shall be verified by the oath of the applicants and each of them or by the officers of the corporation if the applicant is a corporation.

H. The applicant shall further list the name, address and phone number of the security company which has been hired by the contractor of the dance for the purpose of crowd control. Proof of contract with the security firm shall be supplied to the sheriff's department at the time of issuance of the permit along with evidence as to the number of personnel from the firm who will be in attendance.

(Ord. 1389 §2, 1987; Ord. 343 §4, 1963)

At the time of filing the application for a dance permit, the applicant shall pay to the sheriff a filing fee of fifteen dollars to cover the costs of processing the application.

(Ord. 1794 §3, 2003: Ord. 343 §5, 1963)

If it appears to the sheriff that the applicant has complied with the provisions of this chapter in regard to the making of such application, and that the matter and statements contained in said application are true, and the applicant, if a natural person, is of good moral character and is a fit and proper person to conduct the business for which such license is requested, or if the applicant is a corporation, that the officers of such corporation are of good moral character and are fit and proper persons to conduct, manage and control the business for which such permit is requested, and that the place and premises described in such application in which it is proposed to conduct such business is a fit and proper place for such purpose, then the sheriff may issue a permit which shall authorize the tax collector of the county to issue a license or licenses to such applicant, or applicants, upon the payment of the requisite fees in accordance with the application.

(Ord. 343 §6, 1963)

A. The sheriff shall, within five days after receiving an application for a dance permit, inform the applicant of his decision on whether to issue the permit.

B. If any applicant for a permit is aggrieved by a decision of the sheriff, he may appeal to the board of supervisors at any regular meeting of the board.

C. As a prerequisite to such appeal, he shall inform the board by letter, at least four days prior to the regular board meeting at which the hearing is requested, of the grounds for his appeal.

D. The board may then decide whether or not to issue the requested permit.

(Ord. 343 §8, 1963)

A. The sheriff may refuse to grant a permit to hold a public dance if he feels the holding of such dance would adversely, to a substantial degree, affect any of the following: the public safety, the public health, the public morals, the public welfare, or create a traffic problem on the premises of the public dance and in the vicinity of where the public dance is proposed to be held.

B. The applicant for a public dance permit may appeal to the board of supervisors pursuant to the provisions of Section 6.12.160 of this chapter should the sheriff refuse to grant a permit.

C. Such refusal to grant a permit based on this section shall not affect any future application by said permittee.

(Ord. 1389 §3, 1987: Ord. 369 §1, 1965; Ord. 343 §§7, 7a, 1963)

A. Each permit issued by the sheriff shall contain a statement by the sheriff of the number of manhours required for the policing of each dance.

B. The tax collector shall compute the license fee for each dance in accordance with the number of manhours required for policing the dance and the fee schedule established by the board of supervisors.

(Ord. 343 §9, 1963)

All permits issued pursuant to this chapter shall be subject to investigation and suspension or revocation, and each permit shall contain a provision that said permit may be suspended or revoked in the manner provided by this chapter.

(Ord. 343 §14, 1963)

No public dance shall be held unless adequate security personnel have been provided for by licensee. The following is a guideline for establishing such adequacy:

(Ord. 1389 §4, 1987: Ord. 343 §10, 1963)

A. At least twentyfour hours prior to the time of holding each dance for which a permit has been obtained pursuant to this chapter, the permittee shall obtain a license for the dance from the tax collector. A separate license must be obtained for each dance.

B. The fee to be paid for each license shall be in accordance with a fee schedule established by the board of supervisors by board order.

C. The amount of the fee for each dance shall be designed to reimburse the county for the cost to the county of policing the dances.

(Ord. 343 §12, 1963)

It shall be unlawful for any person or corporation, to whom a public dancehall license is issued, his or its officers, servants, employees, lessees or agents:

A. To conduct, operate, or maintain or to assist in conducting, operating or maintaining any public dance at any time between the hours of twelve midnight and the hour of nine a.m. the next morning. However, the sheriff may permit a public dance to be open until two a.m. rather than twelve midnight if he feels the public safety, public health, public welfare and public morals would not be adversely affected and the holding of such dance would not create a substantial traffic problem. Such permission may be revoked or modified from time to time by the sheriff. Any permittee or applicant may appeal to the board of supervisors pursuant to the provisions of Section 6.12.160 of this chapter if the sheriff should refuse to allow a public dance to remain open until two a.m.;

B. To permit or allow at any public dance any indecent act or vulgar dancing or any disorder or conduct of a gross, vulgar or violent character, or permit or allow any person to be in or remain at such public dance after such person has violated any of the provisions of this section;

C. To refuse immediate admission to any public dancehall free of charge to any law enforcement officer for the purpose of inspection and detection of any violations of this chapter;

D. To admit or allow any person to have, serve, or sell, offer for sale, give away, or drink any intoxicating liquor in or about a public dance or the premises upon which it is being conducted, or to remain in such premises after such person has had, served, sold or offered for sale, given away, or drunk any intoxicating liquor. This subsection does not apply when the sale of intoxicating beverages is made pursuant to a valid license to sell intoxicating beverages;

E. To permit any person under the influence of liquor or drugs to remain at any dancehall, or upon any public dancehall premises;

F. To permit narcotic peddlers, narcotic addicts, lewd or dissolute persons, idlers, loiterers or other hangerson to be on or about the dancehall premises.

(Ord. 369 §2, 1965; Ord. 343 §13, 1963)

A. If the sheriff makes a finding that any of the following would be affected to a substantial degree: the public safety, the public health, the public morals, public welfare or if a traffic problem would be created due to the fact that a public dance is being held he may suspend or revoke a public dance permit subject to appeal as provided in Section 6.12.160. Such revocation or suspension pursuant to this section shall not affect any future applications by the permittee unless the sheriff finds that the conduct of the permittee was a substantial cause of the suspension or revocation.

B. If the sheriff finds that a permittee has violated any provision of this chapter, he shall thereupon suspend or revoke the permit issued for the conducting of the public dancehall or public dances and notify the permittee and the tax collector by mail of such action. If the permit be revoked, no further permit under this chapter shall be issued to the person or corporation holding the permit at the time of revocation or to any officer of such corporation or to anyone whose acts resulted in such revocation. If such permit be suspended, the period of suspension shall be for such time, not exceeding the unexpired term of such permit, as the sheriff determines.

(Ord. 369 §3, 1965; Ord. 343 §§15a, 15, 1963)

A. Any applicant whose permit has been denied, or anyone whose permit is revoked or suspended may apply to the board of supervisors for granting of said permit or for immediate reinstatement of the permit at any regular meeting of the board.

B. As a prerequisite to such appeal, he shall inform the board by letter, at least four working days prior to the regular board meeting at which the hearing is requested, of the grounds for his appeal.

C. The board may then decide whether or not to grant said permit or whether or not to reinstate said permit in the case of a suspension or revocation.

(Ord. 1389 §6, 1987: Ord. 369 §4, 1965: Ord. 343 §16, 1963)

Any person violating the provisions of this chapter is guilty of a misdemeanor.

(Ord. 343 §17, 1963)