The following terms used in this chapter shall have the meanings indicated below:
"Bona fide public eating place"
means a place which is regularly, and in a bona fide manner, used and kept for the serving of meals to patrons for compensation and which has suitable conveniences for cooking an assortment of foods which may be required for ordinary meals, and is in compliance with the food handling business regulations.
"Dinner-dancing place"
means a bona fide public eating place where music is provided and the public is permitted to dance without payment of a fee.
"Meals"
means the usual assortment of foods commonly ordered at various times of the day; service of such foods as sandwiches or salads only shall not be deemed a compliance with this requirement.
"Patrons"
means persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining and actually ordering and obtaining at such time in good faith a meal therein.
"Private dance"
means a dance which is limited to those persons individually invited to which no admittance charge is made, or a dance conducted by any bona fide club, society, association, church or school, organized or incorporated for benevolent, charitable, dramatic, literary or dancing purposes having an established membership, and which holds meetings other than such dances at regular stated intervals, when proceeds, if any, arising from such dance are used for the purposes of such club, society, association, church or school; provided, however, that dancing by the occupants of and guests at a private residences shall not be considered a private dance as defined in this section, and no license shall be required.
"Public dance"
means a dance open to the public for an admittance fee or charge which 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.
"Youth dance"
means a public dance, or public dance hall, to which persons 16 years of age and older are admitted as participants.
(Prior code 6372; Ord. 62-62; Ord. 22-79)
No person shall conduct any public dance, public dance hall, youth dance, or dinner-dancing place in the City unless the person shall obtain a permit to do so as provided in this chapter.
(Prior code 6372.1; Ord. 62-62; Ord. 22-79)
Application for a permit under this chapter shall be made to the Business Services Coordinator on forms provided by the Business Services Coordinator, which application shall contain the information in Section 5.32.010 and the following additional information:
A. 
The names and addresses of the persons who have authority or control over the place for which the permit is requested, and a brief statement of the nature and extent of such authority or control;
B. 
The name and address of each of the owners of the premises upon which the permitted activity is to be conducted, if the applicant is leasing such premises;
C. 
The specific type of permit for which application is being made, i.e., public dance, public dance hall, youth dance or dinner-dancing place;
D. 
The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the permittee;
E. 
Such information pertinent to the operation of the proposed activity, including information as to the management, authority, control, financial agreements and lease arrangements, as the City Manager may require of an applicant, in addition to the other requirements of this section.
(Prior code 6372.2; Ord. 62-62; Ord. 22-79)
A fee in such amount as is established from time to time by resolution of the City Council shall be paid upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the processing of the application.
(Ord. 18-07)
The Business License Division shall refer the application for investigation to the Fire Department, Police Department, other divisions of the Department of Community Development, and such other persons and departments as may be designated by the City Manager.
(Prior code 6372.5; Ord. 22-79; Ord. 4-87)
The Chief of Police shall cause each applicant to be fingerprinted and photographed, a record of which shall be kept in the office of the Chief of Police. The applicant shall pay the amount set by the State for processing the fingerprints. The Chief of Police shall cause an investigation of each applicant to be made.
(Prior code 6372.6; Ord. 22-79)
A. 
No dinner-dance permit shall be issued to any person unless the following minimum requirements are met:
The dinner-dance establishment has at least the following prescribed area:
1. 
200 square feet of dance floor where the maximum occupancy is not more than 50 persons;
2. 
300 square feet of dance floor where the maximum occupancy is between 51 and 75 persons;
3. 
400 square feet of dance floor where the maximum occupancy is between 76 and 100 persons;
4. 
An additional 100 square feet of dance floor per 25 persons increase in the maximum occupancy.
B. 
Notwithstanding the aforementioned minimum areas for dancing, the City Manager may reduce the required dance floor area to no less than 100 square feet in those special circumstances in which the Police Department, Fire Department, and Department of Community Development determine that the general seating of patrons and the physical arrangement of the establishment in other respects is such that such lesser space will provide adequate room for dancing and will not endanger the public health, safety and welfare.
C. 
Nothing contained in this section shall be construed to prohibit the issuance of a dinner-dance permit where less space is available upon an affirmative finding by the City Council, based on a recommendation of the City Manager 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.
(Prior code 6372.7; Ord. 22-79; Ord. 4-87)
The dance permit or denial shall be prepared and issued by the Business Services Coordinator upon compliance with this chapter, and approval or denial by the City Manager. The City Manager shall be required to submit to the City Council for review all dance permits approved by him or her.
(Prior code 6372.8; Ord. 22-79)
No persons conducting any public dance hall, public dance, or dinner-dancing place or youth dance shall:
A. 
Permit or allow any minor under the age of 18 years to enter, be, remain in, or to dance in any public dance hall, public dance, or dinner-dancing place or to permit or allow any minor under the age of 16 years to enter, be, remain in, or to dance in any youth dance, unless the minor is accompanied by the minor's parent or guardian;
B. 
Permit or allow any intoxicated, boisterous or disorderly person to enter, be, remain in, or to dance therein;
C. 
Light the dance establishment throughout to an intensity of less than three foot-candles during all hours of operation;
D. 
Fail to adequately and uniformly light parking lots that are owned, operated, or controlled by the permittee and used in connection with the permitted dance to an intensity of less than two foot-candles;
E. 
Permit any person to dance or permit any music to be played or reproduced by any device between the hours of 2:00 a.m. and 9:00 a.m. of any day;
F. 
Permit any couple to dance in any lewd or suggestive manner or make improper advances toward each other which would be offensive to public morals and decency;
G. 
Re-admit into any public dance hall, public dance, or youth dance, any person who has left such dance, unless either: an admission charge not less than charged to patrons entering such public dance, public dance hall or youth dance for the first time is again paid or the permit specifically provides that such readmission may be allowed.
(Prior code 6372.9; Ord. 62-62; Ord. 22-79)
In addition to the regulations in Section 5.90.100, the following regulations shall apply to a youth dance:
A. 
A youth dance permit does not permit any dance on any premises where alcoholic beverages are sold, served, or consumed. A person shall not conduct a youth dance on any premises where alcoholic beverages are sold, served, or consumed;
B. 
Before a permit for any youth dance is issued, the Business Services Coordinator shall obtain a report from the Fire Department, including a statement as to the maximum number of persons which may be allowed within such premises;
C. 
A permit for any youth dance shall specify the maximum number of persons who may be on the premises. This number shall not exceed the number specified by the Fire Department. A person shall not conduct a youth dance with more than the maximum number of persons as specified on the youth dance permit;
D. 
An applicant for a youth dance permit must be at least 21 years of age. The Business Services Coordinator shall not issue a youth dance permit to any person under 21 years of age.
(Prior code 6372.10; Ord. 22-79)
After a hearing as provided in Section 5.34.010, the City Manager may revoke any permit issued under the provisions of this chapter on any of the grounds stated in Section 5.34.020, or any of the following grounds:
A. 
The establishment for which the permit was issued is being operated in a disorderly manner;
B. 
Music or noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood.
(Prior code 6372.11; Ord. 62-62; Ord. 37-68; Ord. 22-79)
It is unlawful for any person to dance in any establishment which does not then possess a valid unrevoked dance permit as required by this chapter; provided, however, that such person must first be ordered to refrain from dancing and be advised of the reason for such order by the owner, lessee, manager or other person in charge of such establishment or by any police officer.
(Prior code 6372.12; Ord. 22-79)
Every person conducting a public dancehall, public dance or youth dance shall employ a sufficient number of private security officers to properly police the dance. The number of such officers shall be determined by the Chief of Police.
(Prior code 6372.13; Ord. 62-62; Ord. 22-79)