Visalia Municipal Code Ch. 5.40 Public Dances

Unless it is apparent from the context that another meaning is intended, the following words and/or phrases, when used herein, shall have the meaning respectively ascribed to them and shall be interpreted and construed accordingly. As used in this chapter, the following words or phrases shall mean:

Adult Sponsoring Group. "Adult sponsoring group" means a nonprofit organization whose primary object is to sponsor, regulate and control youth activities and child welfare.

Dancing Club. "Dancing club" means any club or association of individuals which conducts dances, other than public dances, for its members or bona fide guests.

Dancing School. "Dancing school" means any school, class or classes wherein dancing is the principal subject taught.

Private Dance. "Private dance" means a gathering of individuals in or upon any premises where dancing is permitted either as the main purpose for such gathering, or as an incident to some other purpose and to which premises only club members, pupils or members of such club or school are admitted.

Public Dance. "Public dance" means a gathering of individuals in or upon any premises where dancing is permitted either as the main purpose for such gathering or as an incident to some other purpose, and to which premises the public is invited.

Public Dancing Place. "Public dancing place" means a place where dancing is permitted, whether for profit or not for profit, and to which the public is admitted either with or without charge, or at which the public is allowed to participate in the dancing, either with or without charge.

Youth Dance. "Youth dance" means a nonprofit dance or club dance sponsored by a service group, parents group, or other adult sponsoring groups to which no one over the age of twenty-one (21) is admitted as a participant, and at which no alcoholic beverage is served, sold or permitted. (Ord. 9517 § 1 (part), 1995: prior code § 6500)

A. Public Dances.

1. No individual(s), dancing club or dancing school shall conduct, permit, operate or assist in conducting or operating any public dance unless and until a written permit has been obtained from the chief of police and a license obtained from the director of finance.

2. No permit or license shall be issued for a public dance where alcoholic beverages are sold unless the place of business has seats at tables adequate to seat thirty (30) people, not counting stools at the bar or counter where alcoholic beverages are served, and has not less than one hundred twenty (120) square feet of floor space maintained in a smooth, safe condition for dancing.

3. This subsection shall not apply to any individual(s) or organization conducting a public dance in connection with a dinner when any alcoholic beverage is served by a caterer licensed to serve such alcoholic beverages.

B. Exemptions.

1. No permit or license shall be required for any dance conducted by school authorities or by the city recreation and parks department when such dance is conducted on property owned by such school system or the city.

2. Any public dance conducted by school authorities or by the recreation and parks department of the city shall be exempt licensing provisions of this chapter.

3. No permit or license shall be required for any public dance conducted by a bona fide fraternal organization, veterans organization, or other service or civic organization.

4. No permit or license shall be required for any private dance, dancing club or dancing school as defined in Section 5.40.010, except that dancing clubs and dancing schools shall pay the license fee prescribed by the licensing ordinance of the city for such businesses.

5. Any public dance conducted by a bona fide local organization where the entire proceeds of such dance are used for a charitable cause or are donated to a charitable organization, shall be exempt from the licensing provisions of this chapter. The director of finance shall conduct any investigation necessary to determine if any proposed dance meets the requirements specified herein. He/she shall be the sole judge as to the authenticity of such charity dance.

C. Revocation of Permit. In the event any individual(s) holding a permit under this chapter shall violate any of the provisions hereof, or shall permit or allow any illegal, improper or disorderly conduct in any public dancing place, the chief of police, or his/her duly authorized representative may revoke such permit on ten days written notice to the individual holding the permit.

D. Application. Every individual desiring a permit and license pursuant to this chapter shall file an application with the chief of police operations at least forty-eight (48) hours prior to the date of such dance upon a form to be provided by said chief of police, or his/her duly authorized representative, and shall pay any required license fee to the director of finance.

E. Issuance of Permit. No permit shall be issued by the chief of police except upon a reasonable showing.

F. Appeals. Any decision of the chief of police denying or revoking a dance permit or of the director of finance determining a proposed dance to be nonexempt from the licensing provisions of this chapter, may be appealed to the city council by filing a written notice for an appeal with the city clerk within ten days of such action. The city council shall hear such appeal at its next succeeding regular meeting. If such an appeal is taken from revocation of a permit, the revocation shall not be effective until after a decision upholding the revocation has been made by the city council. The decision of the city council on an appeal shall be final. (Ord. 9517 § 1 (part), 1995: prior code § 6501)

A. No individual conducting any public dance or any public dancing place shall permit or allow any intoxicated, boisterous or disorderly individual to enter, be, remain, or dance therein, nor shall any of the patrons of such dance bring, or be permitted to bring, any alcoholic beverage into such dance.

B. No individual shall shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree which makes it difficult or impossible to clearly see or identify individuals dancing on the floors provided therefor.

C. No individual shall permit or allow any minor under the age of sixteen (16) to enter, be, or dance in any public dancing place. No parent or guardian of a minor under sixteen (16) years of age, or the proprietor or individual in charge of any public dance, shall permit any such minor individual to enter, be or dance in any public dancing place; provided, that nothing herein shall be construed to prevent a minor individual under the age of sixteen (16) years from being in a bona fide hotel, cafe or other place where meals are regularly served, and where a public dance is being held, in the event that such minor does not participate in the dancing herein; provided, further, that nothing in this section shall apply to private dances or dances conducted by dancing clubs or dancing schools as defined herein, or dances conducted by the school system or the recreation and parks department of the city, or youth dances conducted in full compliance with the provision of this chapter.

D. At every public dance licensed hereunder in a place having a capacity of not less than two hundred (200) individuals, whether this number of individuals is actually present or not, there shall be at least two licensed security guards, plus one additional security guard for each one hundred (100) individuals over two hundred (200) in attendance during the entire time such dance is in progress and they shall devote their entire time and attention to keeping order and seeing that all provision of this chapter are complied with. The cost of supplying shall be borne by the individual(s) conducting such dance.

E. Every permit obtained hereunder shall be posted in a conspicuous place on the premises where the public dance is conducted for which such permit was issued and shall remain posted during all the time dancing is taking place.

F. No individual who has left a youth dance during the time it is in progress shall be readmitted to such dance unless either:

1. An admission charge not less than that charged to individuals entering such youth dance for the first time is again paid; or

2. A permit issued by the chief of police specifically provides that such readmission may be otherwise allowed. (Ord. 9517 § 1 (part), 1995: prior code § 6502)

Any individual violating any of the provisions of Section 5.40.020 or Section 5.40.030 shall be deemed guilty of a misdemeanor. (Ord. 9517 § 1 (part), 1995: prior code § 6503)