For the purpose of this chapter, the following definitions shall
apply:
means alcoholic beverage or beverages as that term is defined
in the Alcoholic Beverage Control Act.
means a café, restaurant, bar or other public establishment where entertainment is provided by any person required to obtain a permit pursuant to Chapter 4.24.
means any such dance held or given in any place not a private
residence or home. A public dance is any dance conducted in any place
in connection with a business for profit.
means any room, place or space, except a private residence
or home, where dancing is carried on or permitted.
(Prior code §§ 4401—4404; prior code Am. No. 2 § 1, 1963; prior
code Am. No. 27 § 2, 1965; Ord. 323 § 2, 1973; amended during 1991 republication)
A.
It is
unlawful for any person to carry on, maintain or conduct any public
dancehall or public dance in the City except in accordance with the
terms of this chapter and after obtaining a permit therefor as provided
in this chapter.
B.
No license
issued pursuant to the terms of this chapter shall authorize the conducting,
operating or carrying on of the licensed business save at a single
location and upon premises in the license described.
(Prior code Arts. 441, 442; prior
code Am. No. 2 § 1, 1963)
For the licensing purposes of this chapter premises or establishments
whereon or wherein any public dancehall or public dance is maintained,
conducted, carried on or permitted, are classified and required to
be licensed as follows:
A.
A class
A license shall be required where there is daily or nightly dancing.
B.
A class
B license shall be required where there is dancing not to exceed three
days or nights in any calendar week.
C.
A class
C license shall be required where there is dancing conducted one night
or one day only.
D.
A class
D license shall be required where dancing is conducted in a bona fide
club. "Club," as used in this section, means and includes only corporations
or associations, created by competent authority, which are the owners,
lessees, or occupants of premises operated solely for objects of national,
social, fraternal, patriotic or athletic nature, membership in which
is by application and for which regular dues are charged, and the
advantages of which club belong to all members, and the operation
of which is not for pecuniary gain.
(Prior code Art. 443; prior code
Am. No. 2 § 1, 1963)
All applications for licenses, other than class C licenses,
to be issued under this chapter shall be made to the City Manager
and shall be accompanied by a deposit of the fee required for the
class of license applied for and, in the event that the license is
not granted, then the deposit shall be returned to the applicant.
If the license is granted, then the deposit shall be applied on the
payment of the license fee.
(Prior code Art. 444; prior code
Am. No. 2 § 1, 1963)
All applications for licenses, other than class C licenses,
to be issued under this chapter shall be in writing in duplicate,
and shall be substantially in the following form:
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CITY OF IMPERIAL BEACH
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APPLICATION IN DUPLICATE FOR LICENSE TO HOLD PUBLIC DANCE. TO
THE CITY MANAGER OF THE CITY OF IMPERIAL BEACH, COUNTY OF SAN DIEGO,
CALIFORNIA.
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The undersigned ________hereby petitions you to order a LICENSE to be issued to________according to the provisions of Chapter 4.16 of the Imperial Beach Municipal Code.
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In support of the above, applicant submits the following information:
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Name of building or hall:
__________________________________
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Location of building or hall:
__________________________________
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Owner or lessee of building:
__________________________________
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Persons responsible for management of hall and conduct of patrons:
__________________________________
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Dances to be given:
__________________________________
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(Specify dates or periods of time)
__________________________________
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Class of license desired:
__________________________________
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Date license is to take effect:
__________________________________
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Enclosed herewith is $_______ in accordance with the provisions
of the Imperial Beach Municipal Code.
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Respectfully submitted,
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__________________________________
Owner or Proprietor
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__________________________________
Mailing Address
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APPROVED: (DIS)
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__________________________________
Chief of Law Enforcement
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__________________________________
City Manager
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(Prior code Art. 445; prior code
Am. No. 2 § 1, 1963)
A.
Immediately
upon receipt of any application for a dance or dancehall license,
other than a class C license, under the terms of this chapter, one
copy of such application shall be delivered by the Administrative
Services Director to the chief of law enforcement, who shall proceed
to investigate the truth of the matters set forth in the application,
the character of the applicants, the character of the premises proposed
to be licensed, the propriety of the use of such premises for the
conduct of the business proposed to be licensed, and the general sentiment
in the immediate vicinity of the premises proposed to be licensed.
B.
Within
15 days after the receipt of any such application the chief of law
enforcement shall file with the City Manager a report in writing concerning
the result of his or her investigation and shall specifically recommend
to the City Manager the allowance or disallowance of the license applied
for.
(Prior code Arts. 446, 447; prior
code Am. No. 2 § 1, 1963; Ord. 2003-998 § 20; Ord. 2012-1133 §
28)
The Fire Chief shall conduct or cause to be conducted a investigation
of the premises identified in the application for any hazards which
might arise if the application is granted by the City Manager. The
Fire Chief's report and recommendations to the City Manager as to
whether the premises can safely be used without any hazard arising
because of fire or panic shall be submitted to the City Manager at
the same time or prior to the required report of the chief of law
enforcement.
(Prior code Art. 449; prior code
Am. No. 2 § 1, 1963)
A.
The
City Manager shall, after receipt of the recommendation of the chief
of law enforcement, allow or disallow the license applied for. The
City Manager shall have the power to deny any application if it appears
that the applicant or the person to have the direct management of
the premises is not a suitable or proper person to carry on the business
for which the license is sought, or if the premises proposed to be
used in the conduct of the business to be licensed is deemed not to
be a suitable or proper place therefor, or if the protests and objections
of private residents in the immediate vicinity of the premises proposed
to be licensed, or if the health, welfare, or public morals of the
community warrant such denial.
B.
If the
City Manager denies the license, the applicant shall have the right,
within 10 calendar days after receipt of written notification of the
denial by the City Manager, to appeal the decision to the City Council.
The City Council, after receiving a report of the City Manager, as
well as the applicant's reasons as to why the City Manager's decision
is erroneous, may in its sole discretion grant a hearing to the applicant.
The City Council's discretion as to whether or not to hold a hearing
on the matter shall be final and conclusive.
(Prior code Art. 448; prior code
Am. No. 2 § 1, 1963)
If the City Manager allows the license applied for, the Administrative
Services Director shall issue the license as provided in this chapter.
All licenses issued under this chapter shall be kept posted in a conspicuous
place on the licensed premises.
(Prior code Art. 450; prior code
Am. No. 2 § 1, 1963; Ord. 2003-998 § 21; Ord. 2012-1133 §
29)
All class A, class B, and class D licenses shall expire one
year from the date their annual license is issued.
(Prior code Art. 450; prior code
Am. No. 2 § 1, 1963; Ord. 2000-958)
No dance or dancehall license issued pursuant to this chapter
shall be assignable or transferable. In the event that any licensee
under this chapter desires to transfer his or her business to another
person, the person to whom such business shall be transferred shall
make application to the City Manager for a new license, which application
shall be investigated by the chief of law enforcement as provided
in this chapter. No fee shall be refunded.
(Prior code Art. 453; prior code
Am. No. 2, § 1, 1963)
Applications for class C licenses shall be made to and on forms provided by the chief of law enforcement and shall be accompanied by a deposit of the fee required for said license. The chief of law enforcement shall make the investigation provided for in Section 4.16.070 and shall allow or disallow the application. If the application is allowed, the chief of law enforcement shall forthwith transmit to the Administrative Services Director a notice of the action granting the application, together with the deposit made at the time of filing the application, and the Administrative Services Director shall issue the license as provided in this chapter. All licenses issued hereunder shall be kept posted in a conspicuous place on the licensed premises. If the application is denied, the chief of law enforcement shall forthwith inform the applicant of such denial and return to the applicant the deposit. In case of such denial, the applicant may, within 10 days from the date of notification of denial, apply to the City Manager for a class C license in the same manner and under the same procedures provided for other classes of licenses, except that the chief of law enforcement recommendation to the City Manager, as required by Section 4.16.070, shall be made within three days after receipt of such an application.
(Prior code Art. 451; prior code
Am. No. 2 § 1, 1963; Ord. 2003-998 § 22; Ord. 2012-1133 §
30)
In the event that any licensee desires to change the individual
designated in the license as the person to have direct management
of the licensed premises, he or she shall forthwith notify the chief
of law enforcement, proposing the name of the person to be substituted
in the management and control of the licensed premises. The person
so proposed shall be investigated by the chief of law enforcement.
If such person is of satisfactory character, the chief of law enforcement
may consent to such changes. In the event that such person is not
of satisfactory character, the license may be suspended by the chief
of law enforcement in his or her discretion, pending the proposal
of some other person of satisfactory character. The chief of law enforcement
shall report any such change to the City Manager.
(Prior code Art. 455; prior code
Am. No. 2 § 1, 1963)
It is unlawful for the owner, proprietor, manager, or the person
in charge of any dance or dancehall licensed under the provisions
of this chapter or for any employee of such place, when alcoholic
beverages are actually on sale or given away in such place, to harbor,
admit, receive or permit to be in or remain in or about such place
during the time when dancing is actually being carried on or conducted
or permitted when the sale or giving away of alcoholic beverages is
actually being carried on, conducted or permitted, any person under
the age of 21 years of age unless such person is accompanied by his
or her parent, spouse or legal guardian; provided, however, that the
foregoing provisions shall not prohibit the entry of such persons
into any dining room located in or upon the premises occupied by an
inn or hotel, of 20 or more rooms and actually maintained and operated
as a bona fide part of such hotel business. Nothing in this chapter
shall be construed so as to prevent minors from attending any public
dance or being in any public dancehall or place where alcoholic beverages
are not sold or given away; and provided further, that nothing in
this chapter shall be construed to prevent the holder of any license
issued hereunder from closing his or her bar and permitting minors
to dance in such hall or place during such time as no alcoholic beverages
are on sale or given away therein. In the event that any place or
hall licensed under this chapter is used for a public dance at which
minors are allowed to attend, all alcoholic beverages must be under
lock and key so that no person except the owner or his or her agent
shall have access thereto.
(Prior code Art. 456; prior code
Am. No. 2 § 1, 1963)
It is unlawful for any person under the age of 21 years falsely
to represent him or herself as being of the age of 21 years or more
for the purpose of obtaining admission to any dance or dancehall licensed
under the provisions of this chapter.
(Prior code Art. 457; prior code
Am. No. 2 § 1, 1963)
A.
It is
unlawful for the owner, proprietor, manager or person in charge of
any dance or dancehall licensed under the provisions of this chapter,
or of any employee of such place, to harbor, admit, receive or permit
to be on or remain in or about such place any intoxicated or boisterous
person or any persons present or whose conduct or presence tends to
create a violation of any of the provisions of this chapter.
B.
It is
unlawful for any of the following persons to be on or remain on or
about any dance or dancehall licensed under the provisions of this
chapter:
1.
Any
lewd or dissolute person of either sex;
2.
Any
drunken or boisterous person; or
3.
Any
person whose conduct while present in such place tends to create a
violation of any of the provisions of this chapter or of any law of
the state, or which tends in any way or manner to corrupt the good
morals of any persons attending the dancehall or in any way interferes
with the proper management and control of the dancehall.
(Prior code Art. 458; prior code
Am. No. 2 § 1, 1963)
It is unlawful to provide or permit any music, dancing or entertainment
in or about any dance or dancehall licensed under the provisions of
this chapter between the hours of 2:00 a.m. and 11:00 a.m.
(Prior code Art. 461; prior code
Am. No. 2 § 1, 1963)
No dance or dancehall license shall be granted under the provisions
of this chapter unless the hall or place in which such dance is to
be held complies with this code and the regulations of the City. The
holder of such license shall keep such dancehall, hallways leading
thereto, and the immediate vicinity in a clean and sanitary condition
at all times and have all stairways, hallways, other passages and
rooms connected with such dancehall at all times open, adequately
lighted, and properly ventilated.
(Prior code Art. 462; prior code
Am. No. 2 § 1, 1963)
It shall be the duty of every owner, lessee, proprietor or occupant
or manager of any hall, room, building, or place licensed for dancing
under the provisions of this chapter to have present at all times,
when dancing is carried on in such hall, room, building or place,
a qualified person or persons whose duty it shall be to see that the
provisions of this chapter are lawfully carried out; provided, that
the foregoing shall not apply where dancing is carried on or permitted
under a class D license as defined in this chapter, and where no alcoholic
beverage is sold, served or consumed on the premises so licensed.
(Prior code Art. 463; prior code
Am. No. 2 § 1, 1963)
Any peace officer of the County, City or of the State, or any
officer of the United States Government charged with the duty of enforcing
the public laws of the United States Government, shall have free access
at all times to any dancehall licensed under the provisions of this
chapter.
(Prior code Art. 464; prior code
Am. No. 12 § 1, 1963)
For any violations of the provisions of Sections 4.16.020 through 4.16.240 of this chapter, or for any cause by it deemed sufficient, the City Council may at any time, by resolution, suspend or revoke any dance or dancehall license issued under the terms of this chapter.
(Prior code Art. 465; prior code
Am. No. 2 § 1, 1963)
Any person violating any of the provisions of Sections 4.16.020 through 4.16.230 of this chapter is guilty of a misdemeanor and, upon conviction, shall be punished as provided in Chapter 1.12 of this code.
(Prior code Art. 467; prior code
Am. No. 2 § 1, 1963; amended during 1991 republication)
Upon receipt of each application by the City Manager for a license
to operate a cabaret, it shall be the duty of the chief of law enforcement
to conduct such investigations as he or she may deem necessary to
determine the truth of the matters set forth in the application, the
character of the applicant, the character of the premises proposed
to be occupied, and any other matter which the chief of law enforcement
or City Manager may deem pertinent or essential for the protection
of the public welfare of the community. It shall be the duty of the
City Planner to determine whether the premises complies in all respects
to the zoning ordinance of the City as the same exists or is hereafter
amended.
(Prior code § 4690; prior code
Am. No. 27 § 3, 1965; Ord. 346 § 1, 1974)
All applications for cabaret licenses to be issued under this
chapter shall be accompanied by an investigation fee in an amount
as set forth in the City's Master Fee Schedule. In the event the license
is denied, the application fee shall become the property of the City.
An additional sum of five dollars shall be required to cover the cost
of the City investigation in the issuance of each individual special
law enforcement officer permit, unless each such individual has qualified
under the applicable regulations of the chief of law enforcement.
(Prior code § 4692; prior code
Am. No. 27 § 3, 1965; Ord. 346 § 1, 1974; Ord. 2023-1235, 10/18/2023)
Upon completion of their respective investigations, the chief
of law enforcement and the City Planner shall report the results of
such investigations to the City Manager, who shall approve or deny
the application.
(Prior code § 4691; prior code
Am. No. 27 § 3, 1965; Ord. 346 § 1, 1974)
The City Manager shall, after receipt of the recommendations
of the chief of law enforcement and City Planner, allow or disallow
the license applied for. The City Manager shall have the power to
deny the application if it appears that the applicant or the person
to have the direct management of the premises is not a suitable or
proper person to carry on the business for which the license is sought,
or if the premises proposed to be licensed is deemed not to be suitable
or a proper place therefor, or if the premises proposed to be licensed
does not comply in all respects to the zoning ordinance of the City,
or if there are protests and objections of private residents in the
immediate vicinity of the premises proposed to be licensed, or if
the health, welfare or public morals of the community warrant such
denial.
(Prior code § 4701; prior code
Am. No. 27 § 4, 1965; Ord. 346 § 2, 1974)
If the City Manager denies the license, the applicant shall
have the right within 10 calendar days after receipt of written notification
of the denial by the City Manager to appeal the decision of the City
Manager to the City Council by filing a written request for a hearing
with the City Clerk. Such hearing request shall include the applicant's
reasons as to why the City Manager's decision is erroneous. The City
Clerk shall place the hearing request on a regular City Council agenda
for a hearing within 30 days after receiving the request and shall
notify the applicant in writing of the hearing 10 days prior thereto.
The City Council shall consider the applicant's written request, afford
the applicant or his or her representative opportunity to be heard,
consider the report of the City Manager and affirm or overrule the
decision of the City Manager. The City Council may determine that
the license should be issued subject to such conditions as the City
Council, in its sole discretion, determines are necessary or desirable
to effect the purposes of this chapter. The City Council's decision
shall be final and conclusive.
(Prior code § 4702; prior code
Am. No. 27 § 4, 1965; Ord. 346 § 2, 1974)
A.
It is unlawful for the owner, proprietor, manager or person in charge, or any employee of a cabaret licensed under the provisions of this chapter, to allow upon the licensed premises any entertainment by any person, employee, independent contractor, or patron or customer without the permit required by Chapter 4.24.
B.
Entertainment
must be only upon a stage, platform or dance floor; and the patrons,
guests, or customers shall at all times be excluded from such stage,
platform or dance floor during the progress of the entertainment.
C.
The
owner, proprietor, manager or person in charge of any cabaret licensed
under the provisions of this chapter shall provide a reasonable passageway
through any part of the room used by customers, guests or patrons
for ingress and egress of the entertainer to the stage, platform or
dance floor where such entertainment is being presented.
(Prior code § 4703; prior code
Am. No. 27 § 4, 1965; Ord. 323 § 3, 1973; Ord. 346 §
3, 1974)
It is unlawful for the owner, proprietor, manager or person
in charge of a cabaret licensed under the provisions of this chapter
to employ as entertainers any person or persons not at least 21 years
of age and of good moral character.
(Prior code Art. 471; prior code
Am. No. 27 § 5, 1965)
It is unlawful for any employee, concessionaire or employee
of any concessionaire to dance or drink with or otherwise entertain
patrons, guests or customers in any cabaret licensed under the provisions
of this chapter, except in the manner lawfully contracted for under
the provisions of this chapter.
(Prior code Art. 472; prior code
Am. No. 27 § 6, 1965)
It is unlawful for any employee provided for in this chapter
to leave the cabaret where he or she may be employed, or to in any
way associate with any guest, patron or customer of the cabaret during
the hours of employment. Nothing contained in this section shall be
construed, however, to prevent an employee of a cabaret licensed under
the provisions of this chapter from selling or serving food or drink
to a customer, patron or guest of the cabaret.
(Prior code Art. 473; prior code
Am. No. 27 §7, 1965)
It is unlawful for any person conducting, managing, operating
or maintaining any cabaret licensed under the provisions of this chapter,
or any employee thereof, to harbor, admit, receive, or to permit to
be or remain in or about such cabaret any person under the age of
21 years, not accompanied by his or her parent or legal guardian.
It is unlawful for any person to falsely represent, state, or declare
in any cabaret licensed under this chapter that he or she is of the
age of 21 years. It is unlawful for any person under the age of 21
years to demand, order, request, use or consume or permit him or herself
to be served with any spirituous, malt, vinous or other alcoholic
beverage in any such cabaret.
(Prior code Art. 475; prior code
Am. No. 27 § 9, 1965)
It is unlawful for any person under the age of 21 years to falsely
represent, state or declare that the person is of the age of 21 years
or over, or for any parent, guardian or any person to aid and abet
in such false representation, in order for such minor to obtain employment
in any cabaret licensed under this chapter.
(Prior code § 4751; prior code
Am. No. 27 § 9, 1965)
It is unlawful for any person conducting, managing, operating
or maintaining any cabaret establishment licensed under the provisions
of this chapter, or any employee thereof, to harbor, admit or receive,
or to permit to be or remain in or about such cabaret, any intoxicated
or boisterous person, or any person under the influence of intoxicating
liquors, or any person whose conduct while present in the cabaret
tends to create a violation of any of the provisions of this chapter
or of any of the laws of the City or the State, or any person who
conducts him or herself in an immoral, obscene or vulgar manner, construed
in the light of any current constitutional doctrine set forth by a
majority of the United States Supreme Court, or any person who in
any way interferes with the proper management or control of the cabaret.
(Prior code Art. 476; prior code
Am. No. 27 § 10, 1965; amended during 1991 republication)
All cabarets shall be closed and the place cleared of its guests
and patrons at or before the hour of 2:00 a.m.
(Prior code Art. 477; prior code
Am. No. 27 § 11, 1965)
All cabarets licensed under the provisions of this chapter shall
be adequately lighted during the hours the cabarets are open and entertaining
guests.
(Prior code Art. 478; prior code
Am. No. 27 § 12, 1965)
Any peace officer of the City or of the State or any officer
or official of the United States Government charged with the duty
of enforcing police laws of the United States Government shall have
free access at all times to any establishments as provided for in
this chapter. Cabarets licensed under the provisions of this chapter
shall be closed at any time upon the order of the chief of law enforcement,
good cause appearing therefor.
(Prior code Art. 474; prior code
Am. No. 27 § 8, 1965)
Whenever the seating capacity exceeds 150, or when the investigation
of the chief of law enforcement shows that more than 25 couples are
consistently dancing, it shall be the duty of every owner, lessee,
proprietor, manager or occupant of any public dancehall, room, building
or cabaret licensed under the provisions of this chapter, except class
D cabaret licensees, to have personally present or immediately available
in such public room, building or cabaret a special law enforcement
officer who shall see that no violation of the law or breach of the
peace, or drunkenness or other illegal or unlawful conduct is carried
on therein and whose duty it shall be to arrest any person or persons
violating any law of the City.
(Prior code Art. 481; prior code
Am. No. 27 § 15, 1965)
Any person violating any of the provisions of this chapter relating to cabarets shall be punished as provided in Chapter 1.12 of this code.
(Prior code Art. 482; prior code
Am. No. 27 § 16, 1965; amended during 1991 republication)
