[3-5-1985; 2016 Code]
(A)
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.
(B)
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.
(C)
The location or holder of a dance license is not transferable.
(D)
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.
(A)
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.
(B)
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.
(C)
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.
(D)
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:
(A)
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.
(B)
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.
(C)
The premises shall be adequately lighted when the same is open to
the public.
(D)
The premises shall be open only during the hours as those permitted
to places of business holding a "Class B" intoxicating liquor license.
(E)
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.
(F)
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.
(G)
No prostitute, procurer, intoxicated person or vagrant shall be permitted
in the licensed premises.
(H)
No entertainment or dancing shall be permitted which shall be vulgar,
suggestive, licentious or offensive to public morals and decency.
(I)
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.
(J)
It shall be unlawful for any person conducting a public dance or
public dance hall, or any manager or other agent of such person:
(1)
To permit on the public dance hall premises any person under
the influence of any intoxicating liquors or drugs.
(2)
To permit any persons who idle, loiter or hang-out to be on
or about the dance hall premises.
(3)
To permit gambling in any form on the premises.
(4)
To permit persons to indulge in dancing that may be construed
as unrefined, vulgar, suggestive or offensive to public morals and
decency.
(5)
To permit any undue familiarity between persons on the dance
floor.
(6)
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.
