Union City Municipal Code Ch. 9.28 Public Dances

"Public dance"

means a gathering of persons, in or upon any premises, other than a private residence, where dancing is participated in and to which premises the public is admitted.

(Ord. 67-67 § 1, 1967; amended during 1990 republication)

It is unlawful for any person to permit or allow or provide premises for the opening, conducting or carrying on of a public dance unless there exists a valid permit for the premises thereof, granted by the Police Chief and existing in compliance with the provisions of this chapter. The permit herein required shall be an annual permit and shall not be transferable. The permit herein granted shall expire on the 31st day of December of the year granted. There shall be no proration of the permit fee provided in Section 9.28.050.

(Ord. 67-67 § 2, 1967)

No permit shall be required for a school dance duly authorized by the school officials on school premises.

(Ord. 67-67 § 3, 1967)

Floor space must be of sufficient size. No permit shall be issued under this chapter for the conduct of any public dance at any establishment having less than one hundred twenty square feet of dance floor set aside for dancing, or having a dance floor within four and one-half feet of any counter or bar, or stools in connection therewith.

(Ord. 67-67 § 4, 1967)

No permit shall be issued unless a written application, verified by the owner of the premises or lessee thereof, if any, has been presented to the Police Chief, accompanied by a license fee as established annually by City Council resolution in which the following facts are set forth:

A. The name and residence of the applicant or applicants, owner and lessee, if any. If any applicant is a partnership, the names and residences of the partners. If any applicant is an association, the names and residences of the officers; and if any applicant is a corporation, the names and residences of the officers and directors;

B. The particular place for which the permit is desired, or at which any dance is to be, or dances are to be held;

C. The written consent of the owner, if the lessee is the applicant of the place or premises in or at which the dance is to be held;

D. The number and date of dances to be held under the permit;

E. A sketch or outline, with approximate measurements, showing the location and size of the dance area with respect to any counter or bar, or stools in connection therewith, and showing the size of the dance area;

F. The name and residence of the proprietor, operator or other person in charge, if other than the lessee or owner.

(Ord. 67-67 § 5, 1967; amended during 1990 republication)

The Police Chief must first satisfy himself/herself that the conduct of such public dance will be in keeping with the public welfare, and for this purpose may consider any facts or evidence bearing on the place where the proposed public dance is to be located, and any other facts or evidence tending to enlighten the Police Chief. The Police Chief shall impose such conditions on the permit as in his or her opinion are necessary for the protection of the public peace, health, safety, and the general welfare, including such additional police protection as may be required to be provided and paid for by the permittee for the purpose of enforcing this chapter.

(Ord. 67-67 § 6, 1967; amended during 1990 republication)

If the Police Chief sees fit to grant a permit he/she shall issue a permit pursuant to this chapter to the applicant for the permit for the dance or dances to be held at the place or places named in the applications, upon satisfactory proof of the existence of a valid business license as required by the City.

(Ord. 67-67 § 7, 1967)

If the Police Chief finds that the conduct of such public dance does not or will not be in keeping with the public welfare for any reason or that the same has been conducted in an illegal or disorderly manner, the Police Chief may revoke the permit at any time.

(Ord. 67-67 § 8, 1978; amended during 1990 republication)

Any person whose permit is revoked or whose premises are closed by the Police Chief or his or her officers may appeal such revocation or closing to the City Manager. Such appeal must be made in writing within five days after the revocation or closing and appellant shall set forth all of the facts upon which it is claimed that the revocation or closing was improper. The City Manager shall set the matter for hearing and he/she shall give notice of time and place of such hearing to the appellant. Any person aggrieved of the decision of the City Manager may appeal to the City Council upon payment of a fee as established annually by City Council resolution for appeal and the City Council shall hear the matter within thirty days of the date of the filing of the appeal. The City Council may continue the matter for further hearing or may affirm, modify or reverse the revocation or closing and its decision shall be final and conclusive.

(Ord. 67-67 § 9, 1967; amended during 1990 republication)

It is unlawful for the holder of a permit issued under this chapter or for any officer, agent or employee of the holder, to violate or permit the violation of any of the rules or regulations, or any part thereof, contained in this chapter, or included in the terms of the permit, or in connection with any public dance held under the permit.

(Ord. 67-67 § 10, 1967)

It is unlawful for any person conducting any public dance, or any agent, employee or representative of any such person to violate or permit the violation of any of the following regulations:

A. The premises on which any public dancing is being conducted shall be well lighted. Well lighted shall mean no less than one foot candle at floor level;

B. No disorderly conduct shall be permitted;

C. No dancing shall be permitted between the hours of two a.m. and six a.m. next ensuing, unless special permission is given by the City Council;

D. No person under the influence of intoxicating liquor or narcotics shall be admitted or permitted to remain in or upon the premises;

E. At all times during the holding of any dance, all doors leading from or opening into the place where the dance is held, are to remain unlocked, unbarred or unfastened.

(Ord. 67-67 § 11, 1967)

Permits issued under this chapter may not be assigned, transferred or loaned and shall contain a statement that such permit is subject to revocation and the premises therein are subject to closing.

(Ord. 67-67 § 12, 1967)

The Police Chief or any of his or her officers will have the power to stop any public dance or close any premises for which a permit is issued under this ordinance for disturbing the peace, disorderly conduct, obscene or indecent behavior, or for violation of any law or ordinance.

(Ord. 67-67 § 13, 1967)

A copy of this chapter and the permit shall be posted in a conspicuous place on the premises where the dancing is being conducted at all times during the continuance of such dancing.

(Ord. 67-67 § 14, 1967)

In a trial for a violation of any of the provisions of this chapter, it shall be presumed that the owner, proprietor, operator, lessee or other person in charge of the premises upon which a public dance occurs has knowledge of the occurrence of such public dance and all conduct occurring on such premises. This shall be a rebuttable presumption.

(Ord. 67-67 § 15, 1967)

The violation of any of the provisions of this chapter is also deemed a nuisance. Civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the appropriate legal officers of the City of Union City upon complaint of the Police Chief.

(Ord. 67-67 § 17, 1967)