Turlock Municipal Code Art. 6 Dances: Regulations

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

(a)

"Fixed place of business"

shall mean and include any establishment for which a business license is required by the City in order to conduct such business.

(b)

"Person"

shall mean and include natural persons, copartnerships, corporations, and associations and shall include both sexes.

(c)

"Public dance"

shall mean and include any dance to which the general public may gain admission with or without the payment of a fee.

(d)

"Public dance hall"

shall mean and include any room, place, or space in which a public dance, as defined in subsection (c) of this section, is conducted.

It shall be unlawful for any person to conduct, assist in conducting, or maintain a dance within the City unless such person first obtains a permit therefor as provided in this article.

Any person desiring such permit shall file a written application therefor with the Police Department and such application shall include the following information:

(a) The name and residence address of the applicant;

(b) If a corporation or a partnership, the names and residence addresses of all the officers and directors or partners;

(c) If an unincorporated association, the names of all the principals;

(d) The location and description of the facilities proposed to be used;

(e) The dates and hours of the proposed dance;

(f) The estimated maximum attendance at the proposed dance; and

(g) The type of dance, including but not limited to whether or not there will be live music.

(1168-CS, Amended, 07/10/2012)

If at any time the permit to conduct or maintain a public dance hall or permit allowing dancing upon the premises of the permittee shall be revoked for the violation of the provisions of this article, at least three (3) months shall elapse before another permit may be granted to the manager, owner, lessee, or permittee of such premises, except in the case of a fixed place of business.

Whenever the Chief of Police has made a decision or ruling to deny, suspend, or revoke any permit issued under this article, the applicant or holder of the permit may appeal the decision by filing a written request for an appeal hearing to the City Manager within ten (10) days of receipt or constructive receipt of the decision. Until the ruling of the City Manager, the administrative decision shall remain in full force and effect whether it will be for denial of an application, suspension, or revocation.

The City Manager shall provide notice to the appellant and a date for the hearing within twenty (20) days of receipt of the appeal. The hearing shall be set within twenty (20) days, unless the applicant or holder requests a continuance. At the hearing, both the applicant or holder and staff shall have the right to appear and to present evidence and arguments which are relevant to the grounds for the appeal, limited to the grounds for appeal stated in the filing of the appeal. The applicant or holder may appear in person or by submitting written material. A nonappearance and not submitting written material shall result in a withdrawal of the appeal.

Within ten (10) days of the hearing, the City Manager shall issue a written decision which states whether the decision of the administrative staff is to be upheld, modified, or reversed. The decision shall be served on the holder or applicant by certified mail, and the decision of the City Manager shall be final.

(1168-CS, Added, 07/10/2012)

The applicant shall pay, upon making an application to conduct a dance in a fixed place of business, a fee established by resolution of the City Council.

(Formerly 3-1-605; 903-CS, Amended, 06/27/1996; 1168-CS, Renumbered, 07/10/2012)

The Finance Office, upon the receipt of a written application for such dance permit, shall refer the application to the Police Chief who shall cause an investigation of the applicant to be made and shall submit a written report, together with such recommendation as may be appropriate, to the City Clerk for transmittal to the Council as soon as possible after such referral.

(Formerly 3-1-606; 903-CS, Amended, 06/27/1996; 1168-CS, Renumbered, 07/10/2012)

Upon the receipt of an application and the reports relating thereto, the Chief of Police, before ordering the issuance of a dance permit, shall satisfy him/herself that the public peace, safety, health, and general welfare will not be endangered or jeopardized by the issuance of a dance permit. The Chief of Police may impose conditions upon the issuance of such dance permit to ensure the dancing conducted under such permit will be compatible with the preservation of the public peace, safety, health, and general welfare. If the Chief of Police finds that the issuance of a dance permit will endanger or jeopardize the public peace, safety, health, or general welfare, the permit shall be denied. Should the permit be denied, the applicant shall have the right to appeal the decision as specified in TMC 3-1-605.

(1168-CS, Amended, 07/10/2012)

The Police Chief may suspend any dance permit when it is found that the permittee has violated any condition imposed upon such permit or any provision of this Code or the laws of the State. In such event, the permittee shall have a right to appeal as provided by TMC 3-1-605.

(Formerly 3-1-610; 866-CS, Amended, 02/09/1995; 1168-CS, Amended & Renumbered, 07/10/2012)

In the event police protection is desired by either the Police Chief or the owner and/or operator of the premises, the police officers so assigned shall be paid in accordance with the current rate of pay for a patrolman in the Police Department.

(Formerly 3-1-611; 1168-CS, Renumbered, 07/10/2012)

All public dances shall be discontinued and all public dance halls shall be closed at or before the hour of 2:00 a.m.; provided, however, dances restricted to persons under the age of twenty-one (21) years shall be closed at or before the hour of 1:00 a.m. No public dance shall be held between the applicable closing hour and 10:00 a.m. of any day.

(Formerly 3-1-612; 1168-CS, Renumbered, 07/10/2012)

The applicant shall pay, upon making an application to conduct a public dance, a fee established by resolution of the City Council for each day or night such dance is conducted in the City.

(Formerly 3-1-613; 903-CS, Amended, 06/27/1996; 1168-CS, Renumbered, 07/10/2012)

If the Police Chief finds that the issuance of a permit will endanger or jeopardize the public peace, safety, health, or general welfare, the permit shall be denied. In such event, the permittee shall have a right to appeal as provided in TMC 3-1-605.

(Formerly 3-1-614; 1168-CS, Amended & Renumbered, 07/10/2012)

No person shall operate, promote, maintain, or conduct a public dance or public dance hall except in compliance with the following provisions:

(a) Maximum attendance. The occupancy of dance halls or the attendance at dances shall be restricted to the maximum limits permissible under applicable State and/or City fire laws and regulations.

(b) Attendance of police officers. The Police Chief may require police officers of the City to be in attendance to maintain order during all public dances. The number of officers shall be determined by the Police Chief or his duly authorized representative. The compensation for each officer so assigned shall be in an amount set by resolution of the City Council. Such compensation shall be paid by the permittee at least two (2) weeks prior to the date of such proposed public dance at the office of the City Clerk.

(c) Hours of operation. All public dances shall be discontinued and all public dance halls shall be closed at or before the hour of 2:00 a.m.; provided, however, dances restricted to persons under the age of twenty-one (21) years shall be closed at or before the hour of 1:00 a.m. No public dance shall be held between the applicable closing hour and 10:00 a.m. of any day.

(Formerly 3-1-616; 903-CS, Amended, 06/27/1996; 1168-CS, Renumbered, 07/10/2012)

Any person, club, sorority, fraternity, society, or group giving, maintaining, or conducting a dance in any fixed place of business or hall where the public generally is not permitted to obtain admission, but those permitted to gain admission are so admitted by invitation, subscription list, or previous arrangement between the parties and they contribute to the expense of the dance by the payment of a stated charge or by division of the expense between the persons admitted, shall first apply to the Police Chief for a permit to conduct such dance.

(Formerly 3-1-617; 1168-CS, Renumbered, 07/10/2012)

Permits to conduct private dances shall be granted without the payment of any fee but upon such other conditions as may be prescribed by the Police Chief, including the appointment of suitable chaperones. The Police Chief shall be satisfied that the applicants are of good moral character, and such dance shall not be conducted between the hours of 2:00 a.m. and 10:00 a.m.

(Formerly 3-1-618; 1168-CS, Renumbered, 07/10/2012)

The operator of a dance hall and the promoter, operator, or organizer of any dance shall be a responsible, reliable, law-abiding adult person.

(Formerly 3-1-619; 1168-CS, Renumbered, 07/10/2012)

No person shall loiter between the hours of 10:00 p.m. and 5:00 a.m. about the premises of any public entertainment, including dances, when such person is not actively participating in the entertainment or is not an invited spectator thereof.

(Formerly 3-1-620; 1168-CS, Renumbered, 07/10/2012)