means the city manager of Laguna Beach or his authorized
representative.
means a dance which is limited to those persons individually
invited and for which no admission charge is made, or a dance conducted
by a bona fide club, church, society or association having an established
membership when admission to the dance is not open to the public generally,
but is limited to members and their guests.
means any dance which is open to the public with or without
the payment of an admission fee which is conducted in a restaurant,
cafe, nightclub, bar, coffee house, dance hall, auditorium or other
place.
(Ord. 571 § 1, 1966)
This chapter shall not apply to private dances as defined in Section 5.17.010.
(Ord. 571 § 1, 1966)
No person shall conduct, allow or permit a public dance on any
premises under his ownership, management or control without first
having obtained a permit from the city manager as provided in this
chapter.
(Ord. 571 § 1, 1966)
No public dance permit shall be issued for any cafe, restaurant,
nightclub, bar, coffee house or any other place where food or beverage
is sold for consumption on the premises, having less than the following
prescribed area set aside and reserved exclusively for dancing, the
area to be exclusive of hallway space:
(1)
Two
hundred square feet of dance floor where the seating capacity is not
more than fifty persons;
(2)
Three
hundred square feet of dance floor where the seating capacity is not
more than seventy-five persons;
(3)
Four
hundred square feet of dance floor where the seating capacity is in
excess of seventy-five persons; provided, however, that a permit may
be issued where less space is available upon an affirmative finding
by the city manager or by the city council, as the case may be, that
the area reserved for dancing is separate from the general seating
of the patrons and the physical arrangement of the establishment in
other respects is such that the lesser space would provide adequate
room for dancing.
(Ord. 571 § 1, 1966)
Applications for public dance permits shall be filed with the
city manager on forms supplied by the city, together with an application
fee. The application fee shall be set by resolution of the city council
and shall be revised periodically to reflect changes in the cost of
permit issuance and facility inspection. The application shall be
signed and verified by the applicant and shall contain such information
as may be deemed necessary by the city manager. The city manager may
require that the applicant be fingerprinted.
(Ord. 571 § 1, 1966; Ord. 1006 § 5, 1981)
Upon receiving an application for a public dance permit, the
city manager shall cause an investigation to be made of the applicant
and his employees and the place where the public dance is to be held.
If the city manager determines that the place where the public dance
is to be presented is suitable for dancing, and that the granting
of the permit will not be detrimental to the public safety and welfare,
he shall issue a nontransferable permit for a public dance. If the
city manager determines that the application does not satisfy the
requirements, he shall deny the application. If the application is
denied, the applicant shall be notified in writing of such denial
and of his right of appeal to the city council. Service of the notice
may be made by personal service or by registered mail. If service
is made by mail, it shall be deemed complete upon deposit of the letter
in the United States Post Office directed to the applicant at his
latest address appearing on the application.
(Ord. 571 § 1, 1966; Ord. 850 § 1, 1975)
The city manager may revoke any permit issued under the provisions
of this chapter on any of the following grounds:
(1)
The
permittee has ceased to meet any of the requirements for issuance
of a permit;
(2)
The
establishment for which the permit was issued is being operated in
an illegal or disorderly manner;
(3)
Music
or noise from the establishment for which the permit was issued interferes
with the peace and quiet of the neighborhood:
(4)
The
permittee or any person associated with him as principal or partner,
or in a position or capacity involving total or partial control over
the establishment for which the permit was issued, has been convicted
of a criminal offense involving moral turpitude.
(Ord. 571 § 1, 1966; Ord. 1246 § 1, 1992)
Any person aggrieved by any administrative decision made under this chapter may, upon the payment of a fee to be established by resolution or minute order, appeal the decision to the city council. The city council may also review any such decision on its own motion. The procedures for filing and hearing such appeals and reviews are set forth in Chapter 2.02 incorporated herein by reference.
(Ord. 571 § 1, 1966; Ord. 850 § 1, 1975)
It is unlawful for any person to dance in any establishment
which does not hold a public dance permit as required by this chapter
after being ordered to refrain from dancing by the owner, lessee,
manager or other person in charge of such establishment or by any
police officer.
(Ord. 571 § 1, 1966)
Fees and permits required by this chapter shall be in addition
to any license, permit or fee required under any other chapter of
this code.
(Ord. 571 § 1, 1966)
