Yuba County Municipal Code Ch. 8.45 Dancing

A "public dance" shall mean a dance, admission to which is open to the public, generally for the purpose of dancing or is limited to certain members of the public designated by the person or persons presenting, conducting, or holding the dance. This Chapter shall apply to any such public dance regardless of whether a fee for admission is charged.

(Prior Code, § 8.45.010; Ord. No. 381; Ord. No. 393)

It shall be unlawful for any person whether as principal, servant, agent or employee to engage in, carry on, operate, or maintain or conduct or cause to be engaged in, carried on, maintained or conducted any public dance in the unincorporated area of the County of Yuba not having obtained a written permit from the Board of Supervisors, or to do so after such permit has expired, or has been suspended, cancelled, or revoked.

(Prior Code, § 8.45.020; Ord. No. 381)

Any person desiring to engage in, carry on, operate, maintain or conduct a public dance shall first procure from the Board of Supervisors of the County of Yuba a permit to do so, and for the purpose of procuring such permit or any renewal thereof, such person shall file an application in writing therefor with the Tax Collector of the County of Yuba, which application shall be accompanied by the fee specified in Section 8.45.040, and shall contain the following information:

(1) The name and place of residence of the applicant, if a natural person, and the name and place of business of the applicant, if a corporation.

(2) The period of time for which the permit is desired.

(3) The exact location of the place wherein such person desires to engage in, carry on, operate, maintain or conduct such public dance.

(4) A statement as to whether any permit previously issued to such applicant of any agent thereof or to any person interested whether as principal, servant, agent, or employee has ever been canceled or revoked by the Board of Supervisors.

(Prior Code, § 8.45.030; Ord. No. 381)

Each applicant for a permit shall at the time of filing pay to the Tax Collector a fee as established in Section 13.00.060. Said fees shall make a distinction between annual permits, good for one year, and permits for 30 days or less.

(Prior Code, § 8.45.040; Ord. No. 740)

All permits issued under this Chapter shall automatically expire upon the termination date stipulated in said permit unless sooner suspended, cancelled, or revoked.

(Prior Code, § 8.45.050; Ord. No. 381)

The Board of Supervisors may impose reasonable conditions in connection with the issuance of any permit hereunder.

(Prior Code, § 8.45.060; Ord. No. 381)

It shall be the duty of the Sheriff of the County of Yuba to make or cause to be made an investigation into the background of each applicant whether for an original license or renewal, except as provided in Section 8.45.085, and report the results of such investigation to the Board of Supervisors, together with his or her recommendation as to whether such permit or renewal should be issued.

(Prior Code, § 8.45.070; Ord. No. 381; Ord. No. 740)

The Community Development and Services Agency's Building Department shall make or cause to be made an investigation into the premises where such public dances are to be conducted and for which a permit or renewal is requested to determine whether said premises comply with the State and Local Laws and regulations applicable to said premises, including matters relating to the protection of public health and safety and to report the result of such investigation to the Board of Supervisors.

(Prior Code, § 8.45.080; Ord. No. 381; Ord. No. 1405)

An application for the renewal of an annual permit, when accompanied by the fee set pursuant to Section 8.45.040, may be granted by the Tax Collector instead of by the Board of Supervisors, without the investigation required by Section 8.45.070 unless the Tax Collector has reason to believe that complaints have been filed by either public officers or private individuals regarding the conduct of dances pursuant to the permit, or unless investigations have been conducted pursuant to this Chapter, whether or not such investigations resulted in any action being taken.

(Prior Code, § 8.45.085; Ord. No. 740)

It shall be the duty of any person conducting a public dance to post in a conspicuous place at the premises a at which such dance is being conducted the permit granted to such person including the conditions which may have been imposed by the Board of Supervisors in connection with said permit.

(Prior Code, § 8.45.090; Ord. No. 381)

All permits issued under this Chapter shall be subject to investigation, suspension, cancellation and revocation, and each permit shall contain the statement that such permit is subject to investigation, suspension, cancellation and revocation by the Board of Supervisors.

(Prior Code, § 8.45.100; Ord. No. 381)

(a) The Board of Supervisors at any time may on their own motion, and shall upon the filing of a verified complaint in writing with the Clerk of the Board, cause an investigation to be made of the manner in which such public dance has been conducted or of the premises in which such public dance has been conducted. The Board shall hold a hearing on the motion or complaint before taking any action on the permit. Notice of the time and place of the hearing shall be given to the permittee at least ten calendar days before the hearing by mailing a copy of said notice to the permittee at the last residence address designated in the application for permit or renewal. If the Board shall find that the person to whom such permit or renewal has been issued:

(1) Has willfully or knowingly done any act not authorized by such permit; or

(2) Has willfully or knowingly permitted or suffered the violation of any provision of this Chapter or any other ordinance or law in connection with the conduct of such dance or upon the premises upon which such dance is conducted; or

(3) Has been guilty of any fraud or misrepresentation in obtaining a permit or renewal for such dance; or

(4) Willfully fails or refuses to appear and answer all pertinent questions at such hearing;

(b) The Board may suspend, cancel or revoke such permit. If such permit is cancelled or revoked, no further permit shall be issued to such person within one year from the date of such cancellation or revocation. If such permit is suspended, the period of suspension shall be for such time as the Board may direct and no further permit under this Chapter shall be issued to such person during suspension.

(Prior Code, § 8.45.110; Ord. No. 381)

No fee shall be charged for the issuance of a permit to conduct any dance given solely for the benefit of and under the supervision of a religious, educational, charitable, or non-profit organization. Any dance conducted in a school building by an organization of the kind described in this Section shall be exempt from the provisions of this Chapter.

(Prior Code, § 8.45.120; Ord. No. 473)

Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.

(Prior Code, § 8.45.130; Ord. No. 381)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.