[3-5-1985; 2016 Code]
All persons licensed to sell alcohol beverages at retail must obtain a dance license under this chapter before permitting any public or private dancing in any place for which the city has granted an alcohol beverage license.
All persons must obtain a dance license under this chapter to allow dancing in any room, place, or space they own or control in the city, except as otherwise provided in this chapter.
The location or holder of a dance license is not transferable.
This chapter does not apply to dances held by an owner or tenant in premises or part of any premises occupied as a dwelling, neither does this chapter apply to any dance given by permanently organized clubs, societies, or corporations when admission is restricted to members of the club, society, or corporation, when the members' guests are admitted only by invitation, and when the guests do not at any time give any fee or payment for attending the dance.
[2016 Code; 10-15-2018]
All licenses issued under this chapter shall be for a period terminating June 30 next following the issuance of the license.
Any person desiring such license shall file with the City Clerk his or her application in writing, giving the location of the premises to be licensed by legal description, and the street and numbers of all entrances of such premises; the name of the owner and lessee, if any, of said premises, the name of the person proposing to operate such premises, the name of the manager in charge, a description of any other business conducted on the licensed premises, a statement of the nature of entertainment to be furnished, a statement of whether or not an additional charge or special charge shall be made for such entertainment; and a statement of the residence and occupations of the owners and managers of such licensed premises during the two years before date of the application.
The City Clerk or its designee shall review each complete application to determine whether the applicant has adequately demonstrated that the applicant has complied with those items set forth in this chapter and may conduct such investigation into the content of the application as considered necessary. If the City Clerk or its designee determines that the application should be approved, then the license application shall be placed on the Council’s consent agenda for final approval. If the City Clerk or its designee determines that the application should not be approved, the City Clerk or designee may administratively deny such application or refer the application to the appropriate committee to consider such application. Failure by the City Clerk or its designee to approve or deny an application within 30 days of submission shall be considered a denial, unless such action has already been referred to the appropriate committee. Any denial by the City Clerk or its designee may be appealed to the appropriate committee for review as long as such appeal has been made in writing to the City Clerk within 30 days of the notice of denial.
No transfer of a license or permit as to location or ownership shall be granted except after application therefor and all procedures applicable to issuance of a new license shall apply to an application to transfer a license, except if the application to transfer is approved, the approval may be endorsed upon the original license.
The fee for a license required by this chapter for the whole or any part of a year shall be set by resolution of the Council.
[1969 Code; 5-20-1975; 2016 Code; 10-15-2018]
Application for a dance license shall immediately be transmitted by the City Clerk to the Chief of Police, Fire Chief for investigation and such officers shall, within five days, report in writing to the City Clerk the results of investigations which they shall conduct as to compliance by such proposed licensed premises with this Code and all applicable federal and state laws, and their recommendations shall accompany such report. No license shall be issued unless all of the persons named in the application are of good moral character, that the proposed public dance hall complies with and conforms to all requirements of this Code, health and fire regulations applicable thereto, and that it is a safe and proper place for the purposes for which it shall be used. No license shall be granted for any dance hall unless adequate modern toilet facilities are provided within the building, including wash basins with running water, soap and individual towels, and unless an adequate supply of drinking water is available, either at a sanitary drinking fountain or with individual drinking cups.
[1969 Code; 5-20-1975; 5-20-2014; 2016 Code]
No premises shall be licensed, maintained or operated except in conformity with the following regulations:
Any person conducting a public dance or renting a public dance hall shall have a floor manager in control of the premises continuously from a one-half hour before the dancing begins until the dance hall is closed. It shall be the duty of the floor manager to ensure compliance with all requirements of this code.
The premises shall comply with all applicable laws relating to the operation of such premises, including without limitation section 9-4-20 of this code.
The premises shall be adequately lighted when the same is open to the public.
The premises shall be open only during the hours as those permitted to places of business holding a "Class B" intoxicating liquor license.
No person under the age of 21 years shall be permitted in the premises unless accompanied by his or her parent or guardian if such premises holds a license for the sale of intoxicating liquor or fermented malt beverages.
It shall be unlawful after 9:00 PM to permit any person to attend or take part in any public dance who has not reached the age of 16 years, unless such person is accompanied by a parent or natural guardian. It shall be unlawful for any person to represent himself or herself to have reached the age of 16 years to obtain admission to a public dance hall or a public dance or to be permitted to remain therein when such person in fact is under 16 years of age. It shall also be unlawful for any person to represent himself or herself to be a parent or natural guardian of any person under 16 years of age in order that such person under 16 years of age may obtain admission to a public dance hall or public dance or for such person under 16 years of age to remain therein when the accompanying person is not in fact either a parent or natural guardian of the person under 16 years of age.
No prostitute, procurer, intoxicated person or vagrant shall be permitted in the licensed premises.
No entertainment or dancing shall be permitted which shall be vulgar, suggestive, licentious or offensive to public morals and decency.
All public dance halls and facilities appertaining thereto shall be kept at all times in a clean, healthful and sanitary condition, and all stairways and other passages and all rooms connected with a public dance hall shall be kept open and well lighted during the public use. Proper ventilation must be maintained at all times.
It shall be unlawful for any person conducting a public dance or public dance hall, or any manager or other agent of such person:
To permit on the public dance hall premises any person under the influence of any intoxicating liquors or drugs.
To permit any persons who idle, loiter or hang-out to be on or about the dance hall premises.
To permit gambling in any form on the premises.
To permit persons to indulge in dancing that may be construed as unrefined, vulgar, suggestive or offensive to public morals and decency.
To permit any undue familiarity between persons on the dance floor.
To permit indecent, boisterous or disorderly conduct or the use of profane or obscene language.
[1969 Code; 2016 Code]
Every person licensed under this chapter shall immediately post such license and keep the same posted while in force in a conspicuous place in the premises mentioned in the application for such license. It shall be unlawful for any person to post such license or to be permitted to post it upon premises other than those mentioned in the application, or knowingly to deface or destroy any such license. Whenever a license shall be lost or destroyed without fault of the holder or his or her agent or employee, a duplicate license in lieu thereof under the original application may be issued by the city clerk at his or her discretion.
[1969 Code; 2016 Code]
The members of the police department shall have access at all times to all public dance halls and public dances. Officers and patrolmen of such department shall investigate all complaints and shall visit such halls and dances and report any violation. The chief of police shall have power and duty to cause the place, hall or room where any public dance is held to be vacated whenever any rule or regulation or any provision of any law with regard to public dance halls or public dances is being violated or whenever an indecent act shall be committed or whenever any disorder or conduct of a gross, violent and vulgar character shall take place therein, or any known prostitute, procurer or vagrant be found to be present in such place.
[1969 Code; 2016 Code]
The council may, at any time after giving notice to the licensee of an opportunity to be heard, revoke any license granted under this chapter for disorderly or immoral conduct on the premises or upon proof that the public dance hall, or a public dance given under the same auspices was frequented by disorderly or immoral persons, or for the violation of any of the rules, regulations, or laws governing or applying to public dance halls or public dances or for the protection of the public health, safety, morals or general welfare. Whenever any license or permit shall be revoked, no refund of any unearned portion of the fee paid shall be made, and at least six months from the time of such revocation shall elapse before another license or permit shall be given to conduct a public dance in the same premises. Notice of such hearing and the reason therefor shall be in writing shall be served by the chief of police upon the person named in the application and by filing a copy of such with the city clerk.
[12-17-1991; 2016 Code]
A person who violates any provision of this chapter shall upon conviction be subject to a Class 3 forfeiture.