Note: Prior history: prior code §§ 16-595—16-595.17
as amended by Ord. 71-O-134.
as used in this chapter, means rhythmic tripping or stepping,
accompanied by the turning or moving of the body or limbs with or
without the accompaniment of music, or the assistance, participation,
or accompaniment of another person or persons.
means the chief law enforcement officer of the city.
means a gathering of persons in or upon any premises where
dancing is participated in, either as a main purpose for such gathering
or as an incident to some other purpose, and to which premises the
general public is admitted. "Public dance" as used herein
includes dances where attendance is limited to members and/or guests
of any business entity, social, educational, philanthropic, charitable,
or similar organization.
means a place where public dancing is conducted, whether
for profit or not for profit, and to which the general public is admitted
either with or without charge, or at which the general public is allowed
to participate in the dancing either with or without charge.
(Ord. 79-O-127, 1979)
No person shall carry on a public dance without first having
secured such permits and licenses as shall be required by the city.
(Ord. 79-O-127, 1979)
All applications for permits shall be accompanied by a filing fee as set forth in Section 5.08.150, shall be in writing, shall be filed with the city and shall contain such information as will enable a reasonable investigation to be made to determine whether or not the allowing of public dancing in the place for which such permit is sought will be adverse to the public health, welfare or safety of the community.
(Ord. 79-O-127, 1979)
If the investigation provided for in Section 6.52.030 discloses that public dancing, as proposed by the applicant, will not be adverse to the public health, welfare or safety of the community, a permit shall be issued. All permits issued shall specify any rules and regulations promulgated pursuant to this chapter to insure that such public dance will not be adverse to the public health, welfare and safety of the community.
(Ord. 79-O-127, 1979)
(a)
The
police chief may establish rules and regulations governing the operation
of public dances supplementing the provisions of this code. Any permit
issued for a public dance during which any violation of such rules
and regulations occurs shall be subject to revocation.
(b)
Any
rules and regulations established by the police chief to supplement
the provisions of this code, together with a copy of the sections
hereof pertaining to the operation of dances, shall be and remain
posted in a conspicuous place in every dancehall for which a permit
is or has been issued.
(Ord. 79-O-127, 1979)
Permits issued pursuant to this chapter may be revoked by the
police chief for violation of any rules and regulations promulgated
under this chapter. Any permit so revoked shall not be reissued to
the same person or organization within a 12 month period following
the date of such revocation.
(Ord. 79-O-127, 1979)
Any person aggrieved by the action of the police chief in revoking any permit pursuant to Section 6.52.060 may appeal such revocation to the city council by filing a written notice thereof with the city clerk within ten days of the date of such revocation. The city council shall render a decision within 30 days from receipt of said notice by the city clerk and the decision of the city council, after a hearing on the appeal, shall be final and conclusive.
(Ord. 79-O-127, 1979)
No person carrying on a public dance, or having charge or control
thereof, nor any person employed in or about the same, shall carry
on such public dance unless the room or hall in which dancing takes
place, including any loge, booth or alcove, is lighted or illuminated
in such manner and to such extent as is usual or customary for lighting
or illuminating halls or rooms of like dimensions in the nighttime
for public assemblies and in no event to an intensity of less than
one footcandle in all parts of the building. Such lighting or illumination
shall be maintained throughout the entire time while such dancing
is in progress without diminution or without interruption until such
dancing is concluded and until all dancers leave the premises.
(Ord. 79-O-127, 1979)
(a)
No
person under eighteen years of age shall enter, be in, or dance in
any public dancehall unless accompanied by his or her parent or legal
guardian. No parent or guardian of a person under eighteen years of
age, or the proprietor or person in charge of any public dancehall,
shall permit any such person to enter, be in, or dance in any public
dancehall unless accompanied by his or her parent or legal guardian.
(b)
No
person shall represent himself or herself as being eighteen years
of age or over when in fact his or her age is less than eighteen years.
No person shall falsely represent him or herself as a parent or legal
guardian of any minor person in order that such minor person may attend
or remain at a public dancehall.
(c)
Nothing
in this section shall apply to public dances conducted by or under
the auspices of the board of education, the city or by any club or
organization specifically authorized by the city council in writing
to conduct dances for persons under eighteen years of age.
(Ord. 79-O-127, 1979)
No person shall dance in any public dancehall on any day between
the hours of 2:00 a.m. and 6:00 a.m.
(Ord. 79-O-127, 1979)
There shall be no alcoves or enclosures of any kind in a public
dancehall, excepting only toilet facilities and excepting also office
rooms to which patrons shall not have access.
(Ord. 79-O-127, 1979)
(a)
No
person in charge, or assisting in the conduct of any public dancehall
shall permit any intoxicated, boisterous or disorderly person to enter,
be or remain in or to assist in any such dancehall.
(b)
No
person in an intoxicated condition shall enter, or remain in any public
dancehall.
(c)
No
person shall conduct him or herself in a boisterous or disorderly
manner in a public dancehall.
(Ord. 79-O-127, 1979)
(a)
No
person shall dance in any obscene manner, as defined in California
Penal Code Section 311, or in a manner which appeals to prurient interest;
nor shall any person engaging in such conduct be permitted to remain
in any public dancehall by the proprietor, operator, or person in
charge of such public dancehall.
(b)
Any
patron of a public dancehall who violates any of the provisions of
this chapter or any rules of the police chief pertaining thereto may
be excluded from the dancehall by the person in charge of the public
dancehall, or by an officer of the police department.
(Ord. 79-O-127, 1979)
No person shall carry on or participate in any so-called marathon
dancing contest, exhibiting of endurance dancing, or any contest or
exhibition or dancing for time or distance, or by any other name by
which the same may be known within the city.
(Ord. 79-O-127, 1979)
(a)
No
person carrying on a public dance, or having charge or control thereof,
shall employ or permit any person under the age of eighteen years
to give instruction in dancing therein or thereat, nor shall permit
any person to dance for hire therein or thereat, nor shall any person
give instruction in dancing for hire in any dancehall except when
such instructors are specifically authorized by the police chief in
writing to give dancing instruction.
(b)
No
person carrying on a public dancehall, or having charge or control
thereof shall permit any instructor to give instructions in dancing
in any private room in any public dancehall. For the purpose of this
section the term "private room" includes any room, booth,
alcove or enclosure, every part of which is not clearly visible at
all times from the main dancehall.
(Ord. 79-O-127, 1979)
The police chief may require that the applicant for a dance
permit employ police officers or security guards to supervise a public
dancehall shall not relieve the proprietor thereof, or any of this
employees, from the responsibility for complying with the provisions
of this code or for violations of any law or ordinance or lawful rule
of the police chief.
(Ord. 79-O-127, 1979)
No person maintaining or operating a public dancehall, or having
charge or control thereof, shall serve or permit to be served any
drinks other than individual drinks, or to serve or permit to be served
cracked ice in glasses or otherwise, or serve or permit to be served
what is commonly termed a "set-up."
(Ord. 79-O-127, 1979)
No person shall smoke on any dance floor while dancing is in
progress.
(Ord. 79-O-127, 1979)
No person shall maintain or operate or assist in the operation
or maintenance thereof of any public place wherein alcoholic beverages
are dispensed and wherein entertainment is offered or public dancing
is permitted, or facilities are provided therefore, without first
obtaining from the city a permit to do so and without first having
acquired such licenses as may be required by the city.
(Ord. 79-O-127, 1979)
The regulations in Sections 6.52.200 through 6.52.230 shall apply to public dances conducted for persons eighteen years of age or less.
(Ord. 79-O-127, 1979)
It is unlawful to sell or make available or to consume alcoholic
beverages at any place where a public dance for persons 18 years of
age or less is conducted.
(Ord. 79-O-127, 1979)
It is unlawful for any person 20 years of age or older to attend
any public dance for persons 18 years of age or less, unless such
person has written authorization from the police chief.
(Ord. 79-O-127, 1979)
It is unlawful for any person to loiter around the premises
at which a public dance for persons 18 years or less is being conducted.
(Ord. 79-O-127, 1979)
