For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Dance club”
means any club or association of persons which conducts dances, other than public dances, for its members or for bona fide guests, more frequently than one per month.
“Public dancehall”
means a place where dancing is conducted, whether for profit or not, and to which the public is admitted or at which the public is allowed to participate in the dancing, either with or without charge.
(Prior code § 113.01)
No person shall conduct or assist in conducting any public dancehall or dance club in the City without a license obtained from the City licensing officer, pursuant to the provisions of this chapter.
(Prior code § 113.03)
Licenses to conduct public dancehalls or dance clubs in the City may be issued by the licensing officer upon the written application of any person for him or herself or on behalf of any association or corporation. Every such written application for a permit shall be accompanied by a nonrefundable application fee of $15 and shall contain the following information:
A. 
The name and residence of the applicant and, if the applicant is an association, the names and residences of the officer and directors thereof; also, the name of any manager or employee who will be in charge of such dancehall or dance club.
B. 
The place for which the license is desired or in which any dance is to be held.
C. 
The number and dates of the dances to be held under the license.
D. 
Other pertinent information which the licensing officer may require.
(Prior code § 113.04)
The licensing officer, before issuing any license under this chapter, shall first satisfy him or herself that the conduct of such dancehall or dance club will comport with the public welfare and safety and, for such purpose, shall consider any facts or evidence bearing on the place where the proposed public dancehall or dance club is to be located, the proposed manner of operation and any other facts or evidence tending to enlighten the licensing officer in this respect.
(Prior code § 113.05)
When the dance club or public dancehall is to be an added use to an existing business or operation, every such licensee may be required to provide adequate additional parking spaces for persons attending the dance activities. Such parking spaces shall be clearly marked and shall not be less than nine feet wide and 20 feet long. The Planning Department must approve an applicant’s parking plan before a license shall be issued.
(Prior code § 113.06)
When the licensing officer certifies that conditions have been met, he or she shall, upon payment of a fee established by resolution of the City Council, issue a license specifying the name and address of the licensee, the kind of use licensed and the number of days’ operation authorized. The licensee shall keep such license posted in a conspicuous place upon the premises at which such festivities are conducted. No license issued pursuant to this chapter shall be transferable or removed to another location.
(Prior code § 113.07)
A. 
The licensing officer may deny issuance of such license if he or she finds any of the following:
1. 
That the applicant fails to meet the conditions imposed by this chapter;
2. 
That the proposed activity will be conducted in a manner or location not meeting the health, zoning, fire or building and safety standards established by this Code or other ordinances of the City or the laws of the state;
3. 
That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license or in any other document required by this chapter;
4. 
That the applicant, his or her employee, agent or any other person connected or associated with the applicant, as partner, director, officer, stockholder, associate or manager, has previously conducted an activity similar to that being applied for, which conduction resulted in the creation of a public or private nuisance.
B. 
Where the application is denied, the licensing officer shall mail to the applicant written notice of such denial, which shall include a statement of the reasons for which the application was denied.
(Prior code § 113.08)
The City may initiate proceedings to revoke, modify, or suspend any license pursuant to applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code when one of the following causes exists:
A. 
The licensee fails, neglects or refuses to pay the licensing officer the fee prescribed by this chapter.
B. 
The licensee, his or her employee or agent fails, neglects or refuses to fulfill any of the conditions imposed by this chapter.
C. 
The licensee allows activities of the dance club or public dancehall to be conducted in a manner which violates any law or regulation established by the laws or ordinances of the City or by the laws of the state.
D. 
The licensee allows the activities of the dance club or public dancehall to be conducted in a boisterous or disorderly manner or allows any person to remain on the premises of the dance club or public dancehall while under the influence of intoxicating liquor or any narcotic or dangerous drug.
(Prior code § 113.10; Ord. 695 10-15-19)
A. 
It is unlawful for any licensee, employee, agent or other person associated with a licensee to do any of the following:
1. 
Conduct or operate a dance club or public dancehall without first procuring a license to do so.
2. 
Sell tickets to a dance club or public dancehall activity in such a manner as to create a public or private nuisance.
3. 
Exhibit, show or conduct within such a dance club or public dancehall any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, by whatever name designated.
4. 
Allow any person on the premises of the licensed dance club or public dancehall to cause or create a disturbance in, around or near any place of the activity by offensive or disorderly conduct.
5. 
Knowingly allow any person to consume, sell or be in possession of intoxicating liquor in, around or near any place of the dance club or public dancehall; except where such consumption or possession is expressly authorized under the laws of the state.
6. 
Knowingly allow any person at the licensed dance club or public dancehall to use, sell or be in possession of any narcotic or dangerous drug while in, around or near the place of such activity.
B. 
Any of the violations enumerated above shall constitute a misdemeanor and be deemed a public nuisance.
(Prior code § 113.11)