Thousand Oaks Municipal Code Ch. 5 Public Dances

For purposes of this chapter, the following definitions shall apply:

(a) “Alcoholic beverage” shall mean any beverage which contains alcohol liquor, spirits, wine or beer, and which beverage contains greater than one-half of one percent (0.5%) of alcohol by volume.

(b) “Minor’s dance” shall mean any activity or function, whether or not admission is charged, to which persons between the ages of sixteen (16) years and twenty (20) years, inclusive, are invited, allowed or permitted to attend, watch or participate in dancing, and one or more persons does so attend, watch or participate. A minor’s dance shall not include private functions, or events held by religious or adult-supervised youth organizations, the school district, the park district, or public agency sponsored activities, nor include a private dance conducted in a residence.

(c) “Public dance” shall mean an activity or function, whether or not admission is charged, where the general public is invited or allowed to attend, watch or participate in dancing, and one or more persons does so attend, watch or participate, and which activity does not occur within a dancing establishment, as defined, and with a permit issued under Title 9 of this code.

(d) “Good moral character” shall mean:

(1) Within five (5) years of the date of application, the applicant has not been convicted in a court of competent jurisdiction of any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code; or any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses;

(2) Within five (5) years of the date of application, the applicant has not been convicted in a court of competent jurisdiction of any felony offense involving the use of a controlled substance, other than marijuana, specified in Sections 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code;

(3) The applicant is not currently required to register under the provisions of Section 290 of the Penal Code or Section 11590 of the Health and Safety Code;

(4) Within five (5) years of the date of application, the applicant has not been convicted in a court of competent jurisdiction of any violation of Sections 266(i), 315, 316, 318, or subsection (b) of Section 647 of the Penal Code, or a conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses;

(5) The applicant has not been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section 11225 through 11235 of the Penal Code, or any similar provisions of law in a jurisdiction outside the State of California;

(6) The applicant has not been convicted by a court of competent jurisdiction of any offense involving gambling as defined in Sections 319 through 337.9 of the Penal Code; or

(7) The applicant has not been convicted by a court of competent jurisdiction of any violent felony.

(§ 2, Ord. 1187-NS, eff. October 5, 1993)

No person shall operate, hold, conduct or sponsor a public dance or a minor's dance on any street, park, parkway, public property, parking lot, or on any other private property or place, in whole or in part, or in any building, house, hall, room apartment, tent, without first obtaining a permit pursuant to this chapter. However, this chapter shall not apply to:

(a) Dancing establishments in any restaurant, bar, hotel or motel, club or lodge, business, or nightclub, wherein dancing is allowed and participated in on a recurring basis by one or more persons and such use has been authorized by a permit issued under Title 9 of this Code.

(b) Dance academies, schools or studios where dancing is permitted only by students and instructors engaged in dancing instruction.

(c) Public or private schools, which host dances solely for students, or adult supervised youth organizations, City, park district or other governmental facilities which host dances.

(d) Motels, restaurants and hotels which rent enclosed banquet rooms for private parties not open to the public.

(e) Private parties not open to the public where dancing is conducted entirely within a residence or within a rented private banquet room.

(§ 2, Ord. 1187-NS, eff. October 5, 1993)

Written applications for permits to conduct a public dance or a minor’s dance shall be filed in the office of the City Manager together with the corresponding processing fee as set by resolution of the City Council. Written applications for permits shall be made no less than twenty-one (21) days prior to the date of the requested public dance or minor’s dance and shall set forth the following information:

(a) The name and residence of the applicant, sponsor and of all other persons having an interest in the event;

(b) The date(s) and exact location where the public dance is to be conducted;

(c) The hours of operation of the dance; and

(d) A statement, signed by the applicant, affirming that the applicant and all those who will be employed by the applicant for the conducting of a public dance are of good moral character and that the requested dance will be carried out in such a way so as not to be detrimental to the morals, peace, safety and well-being of the community;

(e) The anticipated number of participants, traffic patterns for ingress and egress to the location, and the parking availability and the occupancy capacity, such as pursuant to the building and fire codes occupancy levels for such building;

(f) For a minor’s dance, the number of and names and addresses of the adult supervisors who will be in attendance at the dance;

(g) The minimum number of law enforcement officers, or security personnel, licensed by the State, in lieu thereof, to be employed by the sponsoring group or individual, to be present at all times during the dance. The minimum number of law enforcement officers or security personnel shall not be less than one for each one hundred (100) minors, or fraction thereof, in attendance or such larger number as may be deemed necessary by the Chief of Police;

(h) A statement, signed by the applicant, affirming that there will be no alcoholic beverages served or permitted on the premises, and that the requested dance will be carried out in such a way so as not to be detrimental to the morals, peace, safety and well-being of the community.

(i) Applications for minor’s dances shall be forwarded to the Chief of Police for investigation as is deemed necessary. The Chief of Police shall respond within fourteen (14) days with a recommendation to the City Manager for approval or denial of the permit.

(§ 2, Ord. 1187-NS, eff. October 5, 1993)

(a) Public dances. Provided the processing fee is paid and a fully completed application is filed, the City Manager shall approve the application for the permit, unless one or more of the following circumstances exist:

(1) Intentional misstatements were made in the application;

(2) The sponsoring individual or any member of the sponsoring group has, by reason of past activities, demonstrated a lack of good moral character; or

(3) By reason of the location or place where such public dance is to be located:

(i) It would be incompatible with or detrimental to the adjoining or neighboring existing uses,

(ii) The facilities used do not meet any building and safety regulations, or

(iii) It would be injurious to public health, order, or morals.

(b) Minor’s dances. Provided the processing fee is paid, a fully completed application is filed and the Chief of Police has responded, the City Manager shall approve the application for the permit, unless one or more of the following circumstances exist:

(1) Intentional misstatements were made in the application;

(2) The sponsoring individual or any member of the sponsoring group, has, by reason of past activities, demonstrated a lack of good moral character; or

(3) By reason of the location or place where such public dance is to be located, it would be incompatible with adjoining or neighboring uses, or detrimental to the public health, order, or morals, or violate zoning or building and safety regulations; or

(4) The Chief of Police has recommended denial based upon information of fraud in the application or lack of good moral character discovered during review of the application and subsequent investigation.

(§ 2, Ord. 1187-NS, eff. October 5, 1993)

The permits provided for in this chapter shall authorize the public dance or minor’s dance to be carried on only at the place and by the person(s) set forth in the application, and shall not be transferable except upon application to, and approval by, the City Manager.

(§ 2, Ord. 1187-NS, eff. October 5, 1993)

All permits shall be subject to the following conditions:

(a) Hours of operation. Public dances and minor’s dances shall not be permitted between the hours of 2:00 a.m. and 8:00 a.m. of any day. The permit shall list the date(s) and authorized location of the dance.

(b) Security and supervision.

(1) Public dances. Public dances shall provide sufficient security personnel to maintain order and enforce the rules and the provisions of this Code. Security shall also be required in parking areas which serve these establishments. The number of law enforcement officers or licensed security personnel shall be equal to one per one hundred (100) persons or fraction thereof of the capacity of the establishment as determined by the fire department. Additional security may be provided with nonlicensed persons, if necessary.

(2) Minor’s dances. In addition to the required law enforcement officers or licensed security personnel, minor’s dances shall also require the presence of adult supervisors. The number of adult supervisors present at a minor’s dance shall not be less than two (2) supervisors or one supervisor per fifty (50) minors or fraction thereof in attendance, whichever is greater.

Adult supervisors and licensed security personnel shall not dance or engage in any activities which will detract from their ability to fulfill the primary responsibility of supervision, enforcement of rules, monitoring of entrances and parking lots, and the like.

(c) Minor’s dances: Leaving and reentering. No participant admitted to a minor's dance shall be permitted to leave and re-enter. No pass-out checks shall be issued, unless required by the physical arrangement of the premises.

(d) Telephones. Public dances and minor's dances shall provide at least one pay telephone for use by patrons or attendees, and shall have at least one private telephone for use by the operators of the establishment.

(e) Minor’s dances: posting of rules and permit. At least one copy of the house rules, the conditions of the permit and the provisions of this chapter shall be posted in a conspicuous location inside and outside the place where the minor’s dance is held, so that those attending the dance may read them. Additionally, at least one copy of the duly issued permit shall be posted in a conspicuous location inside the place where the minor’s dance is held.

(f) Inspections. Police officers, code enforcement officers, and fire department personnel shall be admitted to all public and minor’s dances without an admission charge, for the purposes of inspection, at any time during the operating hours of such an operation.

(§ 2, Ord. 1187-NS, eff. October 5, 1993)

No person in charge of a public or minor’s dance shall allow the noise level of the attendees, music or entertainment to reach an excessive level which may be heard by residences, hospitals, convalescent hospitals, hotels, motels, or other noise-sensitive uses.

Noise shall be deemed excessive as defined by Chapter 21 of Title 5 of this Code.

(§ 2, Ord. 1187-NS, eff. October 5, 1993)

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

(§ 2, Ord. 1187-NS, eff. October 5, 1993)

Should an unusual level of activity involving unruly or violent behavior, violation of this chapter restricting alcoholic beverages, or violation of relevant State codes involving the use or sale of illicit drugs, become apparent to the police department, a police representative will contact the City Manager and may result in revocation proceedings by the City Manager or additional conditions designed to mitigate ongoing problems.

(§ 2, Ord. 1187-NS, eff. October 5, 1993)