(a)
It
shall be unlawful for any person to hold or conduct any public dance
within the city unless the dancehall in which the dance is held is
licensed for such purpose.
(b)
It
shall be unlawful for any person to dance at any public dancehall
that is not duly licensed, and any person engaging in a dance or dancing
at an unlicensed public dancehall shall be deemed guilty of disorderly
conduct and a misdemeanor. The owner, proprietor, manager, or person
in charge of any unlicensed public dancehall who permits or condones
any person to engage in a dance shall be guilty of a misdemeanor.
(1967 Code, sec. 22-46; 1976 Code,
sec. 14-91; 2008 Code, sec. 14-91)
Any person desiring a license to operate a public dancehall
shall file with the chief of police an application for such license
on a form approved by the city commission, furnished by the chief
of police, giving the information requested thereon, and it shall
be unlawful for an applicant to misrepresent any fact or make any
false statement in such application, and any such misrepresentation
shall, in addition to the other penalties prescribed by law, be sufficient
cause for denial, suspension or revocation of the license.
(1967 Code, sec. 22-47; 1976 Code,
sec. 14-92; 2008 Code, sec. 14-92)
No dancehall license shall be granted unless it shall appear,
upon inspection and investigation by the chief of police, the health
officer, the fire marshal and the building official, that the premises
desired to be used for the purpose of conducting a dancehall comply
with the laws of the state, the provisions of this article, the ordinances
of the city regulating health and sanitation, the fire regulations,
the zoning requirements and the building code, and that the proposed
dancehall is properly ventilated and supplied with sufficient toilet
conveniences, and a safe and proper place for the purpose for which
it is used, as determined by regulations adopted by the city. The
officers named in this section shall, in their respective capacities,
note their approval or disapproval upon the application for the license.
(1967 Code, sec. 22-48; 1976 Code,
sec. 14-93; 2008 Code, sec. 14-93)
When the conditions of this division have been complied with,
a dancehall license shall be issued by the chief of police. No such
license shall be effective until it has been so approved. If the chief
of police refuses to approve a license, such action shall be final
unless the applicant shall, within ten days after the refusal, file
a written appeal with the city secretary, addressed to the city commission,
requesting a hearing by the commission upon the question as to whether
or not his application shall be granted. If such appeal is filed,
the chief of police shall provide the commission with a record of
all proceedings theretofore had with reference to the application
in question, including the written application, together with the
action of the chief of police and the reasons for such action. The
city commission shall, within 30 days, grant a hearing thereon to
determine the correctness of the action of the chief of police, at
which hearing the commission may make such investigation as it may
see fit, whether or not all the pertinent facts appear in the application.
It shall be discretionary with the city commission as to whether or
not the license shall be granted, and such action as the commission
may take thereon shall be final and conclusive.
(1967 Code, sec. 22-49; 1976 Code,
sec. 14-94; 2008 Code, sec. 14-94)
A dancehall license issued under this division shall state on
its face to whom it is issued, the date of expiration, and the address
and location of such dancehall and shall be signed by the chief of
police and posted by the licensee in a conspicuous place and in such
a manner and position that it may be easily read at any time of the
day or night.
(1967 Code, sec. 22-50; 1976 Code,
sec. 14-95; 2008 Code, sec. 14-95)
All licenses issued under the provisions of this division shall
terminate one year from the date of such issuance.
(1967 Code, sec. 22-51; 1976 Code,
sec. 14-96; 2008 Code, sec. 14-96)
(a)
The
granting of any dancehall license shall in no event be construed as
the granting or conferring of any vested right to the licensee or
operator, but such license shall be subject to revocation or suspension
as provided for in this section.
(b)
If
a dancehall licensed under the provisions of this division is not
being conducted in accordance with the laws of the state or this code,
or is being conducted in violation of the laws of the state or this
code, the chief of police may at any time give notice in writing to
the operator, licensee, manager or other person in control of the
operation and maintenance of such dancehall that the license issued
for the operation and maintenance of such dancehall has been revoked
or suspended. The notice of revocation or suspension shall become
a final revocation or suspension after the expiration of ten days
from the date of the service of the notice upon the operator, licensee,
manager or other person in charge, unless, on or before the expiration
of the ten days, the licensee, operator, manager or other person in
charge shall file with the city secretary a written appeal addressed
to the city commission in which it is requested that the commission
grant him a hearing upon the question of whether or not the license
shall be revoked or suspended. Such appeal, if made and filed as prescribed
in this section, shall operate as a stay or postponement of the revocation
or suspension of the license until such time as the city commission
shall grant a hearing and make a final adjudication. Such hearing
shall be held within 30 days after the date of the filing of such
appeal, and such action and judgment of the commission, after hearing
all the evidence and facts, shall be final and conclusive as to all
parties.
(1967 Code, sec. 22-52; 1976 Code,
sec. 14-97; 2008 Code, sec. 14-97)
