For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
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.
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 public dancehall or dance club shall be operated on any day
between the hours of 2:00 a.m. and 6:00 a.m.
(Prior code § 113.02)
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)
