It is the intention of the City Council in enacting this article
to exercise police power for the protection of the health, safety
and welfare of those who attend all-ages dances, and is not intended
to create, establish or designate any particular class or group of
persons who will be especially protected or benefited by its terms.
(Ord. 557 § 3, 2019)
The following words and phrases, when used in this article,
have the meanings in this section unless, from the context, a different
meaning is intended or specifically defined:
"All-ages dance"
means any public dance at which: (1) persons under age 18
years are allowed or permitted to attend; or (2) each patron is not
required to show valid picture identification, showing that patron's
date of birth, as a condition of entry.
"All-ages dance venue"
means any place or premises where an all-ages dance is conducted
or operated, including, but not limited to, all hallways, bathrooms
and other adjoining areas or the premises accessible to the public
during the dance.
A "concert"
is any event at which live music is played or sung, and at
which the primary purpose of the person conducting or operating the
event is for patrons to view a musical performance.
A "dance"
is any event at which the primary purpose of the person conducting
or operating the event is for patrons to dance as that term is commonly
defined. However, a "dance" does not include an event
that is a "concert" as that term is defined by this chapter.
"On-site manager"
is the person present at an all-ages dance or all-ages dance
venue who is responsible for the direct operation and oversight of
the dance or venue and supervision of other employees or workers.
"Police" or "police officer"
includes any private police officer, any peace officer, whether
on-duty or off-duty, reserve deputy or special deputy, employed by
any public agency or political subdivision.
"Youth service organization"
includes any bona fide organization whose primary purpose
is to provide moral or spiritual development, education, or recreation
for teenagers.
(Ord. 557 § 3, 2019)
The issuing officer may issue the following classes of all-ages
dance permits:
A. A Class
A permit which is issued for a period of one calendar year;
B. A Class
B permit which is issued for one day or one night only.
(Ord. 557 § 3, 2019)
The issuing officer may not issue a permit in the event any
of the following are true:
A. The
applicant has had a license or permit revoked by the City Council
within one year prior to the date of application;
B. The
place or premises where the all-ages dance is to be held violates
this code or the ordinances of the City, or the laws of the State
of California;
C. The
dance will be contrary to the public health, peace, welfare or safety;
D. The
applicant or designated on-site manager has, at any time, been determined
to be a sexually-violent predator pursuant to the Sexually Violent
Predator Act (Article 4, Chapter 2, Part 2, Division 6 of the Welfare
and Institutions Code, commencing with Section 6600) or any similar
statute;
E. The
applicant or designated on-site manager has, within the last 10 years
preceding the filing of the application, been convicted of:
1. Any
sexual crime involving a minor or child as a victim, or
2. An
attempt or conspiracy to commit or aid and abet any crime involving
a minor or child as a victim;
F. The
applicant or designated on-site manager has been convicted within
the five years preceding the filing of such application of:
1. Any
felony crime involving the unlawful manufacture, sale, delivery, dispensing,
distribution, or the possession with intent to manufacture, sell,
deliver, dispense or distribute a drug, legend drug, or controlled
substance,
2. Any
violent felony as defined in
Penal Code Section 667.5;
G. The
issuing officer may issue a permit under any conditions which it deems
reasonably necessary for the protection of the public health, welfare,
morals, or safety.
(Ord. 557 § 3, 2019)
A Class B permit expires at midnight on the date for which the
permit is issued. A Class B permit may not be renewed. A new application
must be filed with the issuing officer to obtain a new permit.
(Ord. 557 § 3, 2019)
All off-street parking facilities made available for participants
of an all-ages dance must be adequately lighted and supervised.
(Ord. 557 § 3, 2019)
No all-ages dance may be advertised by use of any media of public
advertising prior to the issuance of the all-ages dance permit authorizing
such dance.
(Ord. 557 § 3, 2019)
No alcoholic beverages may be sold, consumed or made available
on the premises, in or about which any all-ages dance is held. Admission
to an all-ages dance must be denied to any person who is or has been
drinking any alcoholic beverages, who possesses any alcoholic beverage,
or who is intoxicated.
(Ord. 557 § 3, 2019)
Every all-ages dance must be closed and the premises cleared
of participants on or before the hour of 12:00 midnight.
(Ord. 557 § 3, 2019)