Chapter 5.40 — DANCES AND DANCEHALLS

§ 5.40.010. Definitions.¶

For purposes of this chapter, the following words shall have the following meanings:

"Dance promoter" shall mean an individual or organization who uses the facilities of another owner to organize, oversee, or otherwise promote a public or private dance. When more than one promoter is involved in promoting one event, they shall decide among themselves which one shall be considered the dance promoter for the purposes of this chapter.

"Dancing school" shall mean an establishment that provides classes or instruction predominantly on dancing.

"Private dance" shall mean recreational dancing that occurs at a private dancehall.

"Private dancehall" shall mean a business establishment that provides recreational dancing facilities, either as its main purpose, or as an incident thereto, for its members or their bona fide guests.

"Public dance" shall mean recreational dancing that occurs at a public dancehall.

"Public dancehall" shall mean a business establishment that is open to the public and that provides recreational dancing facilities, either as its main purpose or as an incident thereto, for members of the public.

"Recreational dance" or "recreational dancing" shall mean dancing for purposes of amusement or diversion. "Recreational dancing" includes, but is not limited to, social dancing and does not include a dance performance for purposes of entertaining an audience.

"Special dance" shall mean an individual public dance or private recreational dance conducted by any person, dancing club, dancing school or association of persons, dancing clubs or dancing schools, which dance, if authorized will result in not more than three such dances being held by such person or group in any three-month period.

(Prior code § 6439(a); Ord. 90-269 § 1, 1990; Ord. 92-335 § 2, 1992; Ord. 95-451 §§ 21, 22, 1995)

§ 5.40.020. Application Information.¶

Procedure. In addition to the information prescribed by the Director, the following information shall also be required of any applicant for a business license to operate a public or private dance at a public or private dancehall or to operate a special dance:
- (a) The names and addresses of the persons who have authority or control over the location for which the license is requested, and a brief statement of the nature and extent of their authority or control; and
- (b) The name and address of each of the owners of the premises upon which the licensed activity is to be conducted, if the applicant is leasing such premises from the owners.
Special Dance Information.
- (a) In addition to the information prescribed by the Director and subsection (1) of this section, an applicant for a business license to operate a special dance shall specify the

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City of West Hollywood, CA § 5.40.020

WEST HOLLYWOOD CODE

§ 5.40.030

number of dances held within the previous three-month period immediately preceding the date of the application.

(b) An application for a special dance must be filed within forty-five days of the date upon which the dance is to be held, unless the Director shortens that period of time upon a showing of good cause.
(c) A special dance license may only be issued if no more than three such dances will be held in any three-month period. A separate license must be issued for each special dance and a separate application must be filed for each dance, in accordance with the provisions of this chapter.

(Prior code § 6439(b); Ord. 90-269 § 1, 1990; Ord. 92-335 § 2, 1992; Ord. 95-451 §§ 21, 22, 1995; Ord. 08-800 § 2, 2008)

§ 5.40.030. Operating Requirements.¶

Manager Required. Any public dance, private dance or special dance shall have a responsible person on the premises to act as manager and supervise employees at all times during which the dance is ongoing.
Number of Employees.
- (a) Every establishment operating a public, private or special dance which has a capacity of two hundred persons or less shall provide at least one employee in constant attendance during the hours of operation of the public, private or special dance. Such establishment shall provide at least one additional employee for each one-hundredperson incremental gain in capacity.
- (b) These employees shall be responsible for keeping order during the hours of operation of the public, private or special dance, and checking the admission of minors, where applicable.
Inspection Authority. Any city official or employee authorized to enforce the provisions of this chapter or the West Hollywood Municipal Code may conduct an inspection of the premises licensed under this chapter at any reasonable time to ensure compliance with the provisions of this chapter.
Display of Licenses. In addition to the requirement set forth in Section 5.04.110, the business owner shall display, in a prominent and visible location, the license of any promoter for an event at that location. The promoter's license shall be displayed in the same location as the business owner's license but need only be displayed during the promoted event(s).
Neighborhood Clean-up. The business owner and/or promoter at that location shall cleanup or cause to be cleaned up excessive litter and trash on the residential streets, if any, within a one-block radius of the business location at least once a week for the period during which one or more events take place.
Complaints. An employee of each business owner licensee shall be appointed to address, during hours of operation, all complaints. The name and phone number of the employee shall be posted adjacent to the business license and shall be mailed or hand delivered to residences, if any, within a one-block radius. The business owner licensee shall make

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.40.030

reasonable efforts to address each complaint. The licensee shall keep a log of all complaints and follow-up and shall make the information available to city staff upon request.

Control of Events. The business owner licensee shall retain full control of all events on the property and ensure that any and all conditions of approval are adhered to. All events, including events organized by promoters, shall be supervised and managed by employees of the licensee. This shall include all club operations, ticket sales, parking arrangements, advertising and promotion of any event.

ntrol of Events._ The business owner licensee shall retain full control of all events on the property and ensure that any and all conditions of approval are adhered to. All events, including events organized by promoters, shall be supervised and managed by employees of the licensee. This shall include all club operations, ticket sales, parking arrangements, advertising and promotion of any event.

Alcoholic Beverages. All new employees of business owner licensees serving alcohol to patrons shall enroll in a certified training program for the responsible service of alcohol. The training shall be offered to new employees on no less than a quarterly basis.
Merchandise Sales. No business owner licensee shall sell merchandise except inside the establishment.
Open Doors. No door of any business may be propped open after 6:00 p.m., except for the period during which goods are being delivered to the establishment, and then only if continuously attended by an employee of the business owner.
Security. The business owner and/or promoter shall provide and employ uniformed offduty Sheriff Deputies and other security guards as necessary at on-site and off-site parking locations to address noise, traffic, and safety concerns.
Designated Driver Signs. Signs recommending the use of a "designated driver" shall be posted at all bar areas and at the entrance and exits to the establishment. The signs shall measure at least six inches by six inches.
Joint Responsibility for Violations and Noise Control. Violations of subsections (6), (8) and (12) of this section and violations of the Noise Control Ordinance set forth in Chapter 9.08 of the West Hollywood Municipal Code by either the business owner or the promoter, or both, shall be grounds for revocation of the business owner's license and the promoter's license.

(Prior code § 6439(c); Ord. 90-269 § 1, 1990; Ord. 92-335 § 2, 1992; Ord. 95-451 §§ 21, 22, 1995; Ord. 09-809 § 2, 2009; Ord. 12-889 § 3, 2012; Ord. 17-1019 § 7, 2018)

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City of West Hollywood, CA § 5.44.010

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.44.030