For the purpose of this chapter, certain words and phrases shall be defined and construed as set forth in this section:
"Charitable nonprofit organization"
is any organization that is organized for benevolent, charitable, or eleemosynary purposes that holds meetings, other than teenage dances, at regularly scheduled intervals and that has obtained an exemption from taxation from the California Franchise Tax Board.
"Dinner dancing place"
is a place where music is provided and the public is permitted to dance without payment of a fee.
"Entertainment"
means every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance act, or song and dance act, or any other act performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention or interest of, diverting or amusing guests or patrons.
"Nightclub"
means any premises or portion of a premises designed or used primarily for the sale of alcoholic beverages and where dancing or other entertainment is provided or allowed, including premises or portions thereof that operate under a State Alcoholic Beverage Control License "on-sale general bona fide eating place" or "on-sale premises" type license. A nightclub shall be subject to all the provisions of Section 8.08.020 regarding dinner dancing places, except that the term "dancing" therein shall be deemed to include entertainment as defined in this section.
"Private dance"
is a dance that is limited to those persons individually invited and to which no admittance charge is made, or a dance conducted by any bona fide club, society, association or school, organized or incorporated for benevolent, charitable, literary, dancing, or educational purposes, having an established membership, and that holds meetings other than such dances at regularly stated intervals, when proceeds, if any, arising from such a dance are used for the purposes of such club, society, association, or school.
"Public dance"
is a dance open to the public for an admittance fee or charge that is held on one day only.
"Public dance hall"
is a place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance, and that is open at regular intervals or on regular days of the week.
"Teenage dance"
is a dance or dances held at regular intervals that is open only to teenagers, from the ages of 13 to 18, inclusive, sponsored by a charitable nonprofit organization. If an admission charge is made, no less than 50% of the gross proceeds from each dance must be turned over to the sponsoring charitable nonprofit organization to be used for its eleemosynary purposes.
Every teenage dance must be chaperoned by at least four adults from the established membership of the charitable nonprofit organization. The hours of a teenage dance shall be from 8:00 p.m. to 12:30 a.m., inclusive.
(Prior code § 4160; 574A § 1, 1962; 574 § 1, 1962; 1018 § 1, 1968; 1822 § 1, 1983; 2802 § 1, 2011)
No person as principal, agent or otherwise, carrying on, maintaining, or conducting, or assisting in carrying on, maintaining, conducting, a public dance hall, a public dance, or a dinner dancing place in the City shall:
A. 
Permit any person under the age of 18 years to enter, be, remain in, or to dance therein, unless accompanied by the parent or legal guardian of such person;
B. 
Permit any person to indulge in boisterous conduct or use profanity, or otherwise conduct him or herself in a vulgar or indecent manner while such person is present in the public dance hall, public dance, dinner dancing place, or in any of the hallways leading thereto;
C. 
Permit an intoxicated person to enter, be, remain in, or to dance in any public dance hall, public dance, or dinner dancing place;
D. 
Issue any pass-out check to allow any patron thereof who has left the building to return without the payment of the regular admission charge, if a charge is made for original admission;
E. 
Shut or turn off or reduce the intensity of the lighting in the area used for dancing to such a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing;
F. 
Permit any person to dance between 2:00 a.m. and 6:00 a.m. of any day; and
G. 
Permit any live music to be played between 2:00 a.m. and 6:00 a.m. of any day.
(Prior code § 4161; 574A § 1, 1962; 574 § 1, 1962; 1123 §§ 1, 2, 1970; 1212A §§ 1, 2, 1971; 1212 §§ 1, 2, 1971; 1367 § 2, 1973; 2802 § 1, 2011)
Every person upon seeking admission to a public dance hall or to any public dance shall, upon the request of the manager, proprietor, doorkeeper, or managing agent of the proprietor of such public dance hall or public dance, register his or her true name, age, and address in his or her own handwriting.
(Prior code § 4162; 574A § 1, 1962; 574 § 1, 1962; 2802 § 1, 2011)
No person as principal, agent, chaperone, or otherwise, carrying on, maintaining, conducting, or assisting in carrying on, maintaining, or conducting either a private dance or a teenage dance in the City shall:
A. 
Permit any person to indulge in boisterous conduct or use profanity, or otherwise conduct him or herself in a vulgar or indecent manner while such person is in attendance at the dance or in any of the hallways leading thereto;
B. 
Permit an intoxicated person to enter, be, remain in, or to dance on the premises;
C. 
Issue any pass-out check to allow any patron thereof who has left the building to return without the payment of another regular admission charge, if a charge is made for original admission;
D. 
Shut or turn off or reduce the intensity of the lighting in the area used for dancing to such a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing; and
E. 
Permit any person to dance or any music to be played or reproduced by any means whatsoever between 2:00 a.m. and 9:00 a.m. of any day, except as provided in Section 8.08.050.
(Prior code § 4163; 574A § 1, 1962; 574 § 1, 1962; 1018 § 1, 1968; 2802 § 1, 2011)
Any person as principal, agent, or otherwise, who is desirous of receiving a permit for carrying on, maintaining, or conducting, or assisting in carrying on, maintaining, or conducting, a dance in the City by any bona fide club, society, association, or school, organized or incorporated for benevolent, charitable, literary, dancing, or educational purposes having an established membership, and that holds meetings other than such dances at regularly stated intervals, when proceeds, if any, arising from such a dance are used for the purposes of such club, society, association, or school between 2:00 a.m. and 9:00 a.m. of any day, shall:
A. 
Make written application to the Police Chief at least 30 days before the date of the dance, on forms provided by the Police Department; and
B. 
Provide all other information as may be required by the Police Chief.
(Prior code § 4164; 574A § 1, 1962; 574 § 1, 1962; 2802 § 1, 2011)
Any applicant, as defined in Section 8.08.050, who is refused a permit by the Police Chief to conduct a dance in the City may appeal the refusal to the City Council.
(Prior code § 4165; 574A § 1, 1962; 574 § 1, 1962; 2802 § 1, 2011)
During any time that alcoholic beverages are being served or consumed, no person as principal, agent, or otherwise, shall carry on, maintain, or conduct, or cause or permit the carrying on, maintaining, or conducting, or assisting in carrying on, maintaining, or conducting, a nightclub as defined in Section 8.08.010, until, and unless there has been filed, prior thereto with the Police Department, a floor plan of the premises or portion thereof that designates the portion or portions of the premises for use as a nightclub as defined in Section 8.08.010. The floor plan shall be in the form of a scale floor plan acceptable under the Uniform Building Code for initial construction of the building or structure on the premises used or a portion of which is used for a nightclub; or such other scaled floor plan as the City may approve.
(1822 § 2, 1983; 2802 § 1, 2011)
During any time that alcoholic beverages are being served or consumed, no person, as principal, agent, or otherwise, carrying on, maintaining, or conducting, or assisting in carrying on, maintaining, or conducting, a nightclub shall permit any person under the legal age for consumption of alcoholic beverages to enter, be, or remain in such premises or such portion thereof. Nothing in this section shall exempt the operation of a nightclub from any other applicable law or provision of this Code.
(1822 § 2, 1983; 2802 § 1, 2011)