In this chapter, unless another meaning is clearly apparent
from the context:
means any dance held by a dancing club;
means any club or association of persons which conducts dances
(other than public dances for its members or bona fide guests) more
often than once per month at which a fee is charged, either for admission
to such dance or for dancing therein, or at which any collection or
donation of money is made or received, or in which the amount of dues
to be paid by each member is dependent upon attendance at such dances
by such members;
means a gathering of persons in or upon any premises where
dancing is participated in, either as the main purpose for such gathering
or as an incident to some other purpose, and to which premises the
public is admitted;
means a place where dancing is conducted, whether for profit
or not for profit, and to which the public is admitted, either with
or without charge or at which the public is allowed to participate
in the dancing, either with or without charge.
(Prior code §§ 2400—2400.3)
No person shall conduct, manage, carry on, allow or participate
in dancing at any dancing club, public dance or public dance hall
between the hours of two a.m. and nine a.m.
(Prior code § 2401)
No person, whether as principal, agent, employee or otherwise,
shall conduct, manage, carry on, or participate in any dancing club,
dancing school, studio, public dance or public dance hall unless by
authority of a permit from the city manager.
(Prior code § 2411; Ord. 913 § 10A, 1971)
It is unlawful to conduct or manage or carry on any dancing
club, public dance, or public dance club or hall in the city under
any permit issued under this chapter while such permit is in a state
of suspension or while any suspension or revocation with respect to
the same continues to exist; and it is unlawful for any person to
participate in any such dance.
(Prior code § 2412)
All permits and fees provided for in this chapter are in addition to those provided for and required by Chapters 3.40 through 3.96 or any other ordinance.
(Prior code § 2413)
The issuance of any permit or temporary permit shall not be deemed to permit any violation of law or ordinance or rule prescribed pursuant to Sections 5.12.250 and 5.12.260.
(Prior code § 2414)
Such permit must be conspicuously posted upon the premises referred
to therein, during the term thereof.
(Prior code § 2415)
No permit or temporary permit shall be issued under this chapter
unless and until it appears and is determined that the conduct of
such dance hall, dancing club, or public dance will comport with and
not prejudice or work to the disadvantage or injury or harm of the
public peace, safety, morals, health or welfare, and the city manager,
city clerk, and other city departments, in acting upon any such application,
shall consider any and all facts and evidence pertinent, relevant
or material with respect thereto.
(Prior code § 2416)
Whenever the public peace, health, safety or general welfare so require, the city manager, at the time of issuance or at any time during the term of any permit issued hereunder, shall make such permit conditional upon the attendance of a special police or fire officer or officers, appointed under Sections 5.12.270 through 5.12.290, at any dancing club, public dance or public dance hall during any or all times dancing is being conducted, carried on or allowed, and in such event the permit shall be effective only during the attendance of such police or fire officer or officers.
(Prior code § 2417; Ord. 913 § 10A, 1971)
Permits to conduct dancing clubs, dancing schools, studios,
public dances or public dance halls may be issued or renewed by the
city manager upon the written application of any person for himself
or on behalf of any other person, and payment of the required charges.
(Prior code § 2421; Ord. 913 § 10A, 1971)
Every such permit shall expire on September 30th following the
date of issuance.
(Prior code § 2422; Ord. 999 § 1, 1975)
Every such application shall be filed with the city clerk, and
at the time of filing the applicant shall submit a payment in such
amount as has been prescribed by resolution of the city council, to
defray the expense of investigation and processing.
(Prior code § 2423; Ord. 913 § 10A, 1971)
There shall be no charge or fee for investigation where dances
are proposed to be held by charitable, memorial, fraternal or labor
associations, student bodies of schools or the proposed dances are
in connection with patriotic or holiday celebrations or festivals,
where such dances are casual and for one such occasion only and are
not conducted more often than once per month.
(Prior code § 2424)
Every such written application for a permit shall be presented
to the city clerk and shall set forth the following facts:
(1)
Applicant.
The name and residence of the applicant or applicants, and if
any applicants be a firm, association, corporation or club, the names
and residences of the partners, officers, directors, managers and
of all employees who will be in charge of said dancing club, public
dance, or public dance hall;
(2)
Location.
The place for which the permit is desired, or in which any dance
or dances are proposed to be held;
(3)
Time
of Dances.
The number and date of the dances proposed to be held;
(Prior code §§ 2425—2425.4)
Upon filing of each application, it shall be referred by the
city clerk to departments designated by the city manager for investigation
and report.
(Prior code § 2426)
The departments so designated shall make a thorough investigation
as required for the protection of the public peace, health, safety
and general welfare, and may require the submission of additional
information by the applicant as shall be necessary to such investigation.
(Prior code § 2427)
Thereafter, and within five days from reference of the application,
each department designated shall report its findings and conclusions
and make recommendations concerning such application.
(Prior code § 2428)
After receiving the reports as provided for in Section 5.12.170, the city manager may make such further investigations as he deems proper or advisable in the interest of the public peace, health, safety and general welfare, and within 30 days from the filing of the application shall either approve, conditionally approve or deny the application according to the requirements of the public peace, health, safety or general welfare. Should the city manager fail to act within said time, the application shall be deemed denied. At any time after the application is filed, however, and pending complete processing thereof, the city manager may issue a temporary permit upon stated terms and conditions, including a fixed expiration date or indefinite period subject to termination on notice, so long as the city manager tentatively determines that the temporary permit for the activity desired to be held will comport with and not prejudice nor work to the disadvantage or injury of the public peace, safety, morals, health or welfare.
(Prior code § 2442; Ord. 913 § 10C, 1971)
The city manager may at any time temporarily suspend any permit
issued hereunder, or may require the attendance of a special police
officer during all times dancing is conducted, carried on or allowed
as a condition to the continued exercise of the permit, when he finds
and determines that the public peace, safety, morals, health or welfare
require such suspension or will be promoted or best served by such
suspension.
(Prior code § 2451; Ord. 913 § 10D, 1971)
A copy of the city manager's order in that regard mentioned in Section 5.12.190 shall be served in the same manner as hereinafter in Sections 5.12.210 through 5.12.240 provided for notices of hearing, and be effective thereupon.
(Prior code § 2452)
No temporary suspension under this chapter or added condition requiring the attendance of a special police officer shall continue for more than ten days unless within said ten-day period said suspension or added condition is further continued or made permanent by revocation of the permit involved or a condition requiring the attendance of a special police officer is affixed to the permit for the balance of its term upon hearing by the city manager within the city held upon three days notice of the time and place thereof, given as follows in Section 5.12.220.
(Prior code § 2453; Ord. 913 § 10D, 1971)
The service of any such notice shall be made upon the holder
of a permit to whom it is directed by either:
(1)
Personal
Service.
Delivering a true copy of the same to the said holder personally,
or if a firm, association, corporation, or club, by delivery thereof
to a partner or officer or director thereof; or
(2)
Delivery
to Premises.
Delivering same to and leaving it with any person over 21 years
of age in charge of the premises referred to in the permit; or
(3)
Posting
on Premises.
In case no such person is found upon the premises, by affixing
same to a conspicuous place on the door to an entrance to said premises.
(Prior code §§ 2454—2457)
The holder of any permit shall be afforded an opportunity to
be heard and to present evidence on his behalf at such hearing.
(Prior code § 2458)
Upon hearing held by him, and adjournments and continuances thereof upon said notice, the city manager may revoke, suspend, further suspend or apply conditions to the further exercise of any permit issued hereunder because of anything done or omitted by the permittee, his agents or employees or the patrons of his establishment upon the premises involved contrary to the provisions of any applicable state law, or of this chapter or any ordinance of the city, or of the rules prescribed by the city manager pursuant to Sections 5.12.250 and 5.12.260, or when the public peace, safety, morals, health or welfare require or will be promoted or best served by any such action.
(Prior code § 2459; Ord. 913 § 10D, 1971)
The city manager may make rules and regulations governing dancing
clubs, public dances, or public dance halls within this city which
shall govern and apply to all permittees under this chapter.
(Prior code § 2461; Ord. 913 § 10D, 1971)
The rules mentioned in Section 5.12.250 shall be filed with the city clerk and shall be available for inspection by the public.
(Prior code § 2462)
Any person conducting, managing, or carrying on any dancing club, public dance or public dance hall shall have the right to apply to the city manager for the appointment of a special police officer or officers of the city to be present and in attendance at such dancing club, public dance or public dance hall during all times that dancing is conducted, carried on or allowed therein, for the purpose of preserving order and preventing any violation of any law of the state, or any ordinance of the city, or any rule prescribed under Sections 5.12.250 and 5.12.260.
(Prior code § 2471)
The city manager may require the presence and attendance of
such special police officer or officers, or also a special fire officer
or officers in accordance with the provisions of the Uniform Fire
Code relating to standby firemen at places of public assembly, any
of which requirements may be prescribed as a condition or conditions
to the exercise of any permit, long term or temporary, as hereinabove
provided for.
(Prior code § 2472; Ord. 913 § 10E, 1971)
(a)
Fees.
The expense of any such special officer or officers so appointed
for such attendance shall be paid by such person so conducting, managing,
or carrying on any dancing club, public dance, or public dance hall
in accordance with such schedule of fees for such services as may
be found to be reasonable and established by the chief of police.
(b)
Payment
to City Clerk.
The expense of such special officer shall be paid to the city
clerk each week in advance for all dancing to be conducted, carried
on or allowed during that time, in accordance with a written statement
made at the time of such payment to the city clerk.
(c)
Payment
to Officers.
The city clerk shall in turn pay said money to the special officers
as earned by them.
(Prior code §§ 2473—2475)
Any person aggrieved by an decision of the city manager with respect to denial or issuance of any permit, conditions attached thereto, or any other administrative action taken pursuant to the terms of this chapter, may appeal to the city council in the manner provided by Chapter 2.05 of this code.
(Prior code § 2481; Ord. 913 § 10F, 1971; Ord.
1226 § 5, 1984)
