Public and private dances in the city of have attracted large
numbers of persons. Occurrences at or in connection with these public
and private dances have included criminal conduct, disturbances, vandalism,
crowd control problems, traffic control problems, excessive noise
generation, and public safety impacts or the surrounding businesses
and residential community. It is the purpose and intent of the city
in adopting the ordinance codified in this chapter to protect the
health, safety, and welfare of the inhabitants of the city through
the enactment of regulation for public and private dances.
(Ord. 1442 § 2, 2009)
It in unlawful for any renter, lessee or owner of any premises
to conduct, permit or allow a public or private dance without the
dance permit required by this chapter. The fact that an applicant
possesses other types of state or city permits or licenses does not
exempt the applicant from the requirement of obtaining a dance permit.
(Ord. 1442 § 2, 2009)
For the purpose of this chapter:
means any person, persons, or business entity that seeks
a public dance permit as required by this chapter.
means movement of the human body, accompanied by music or
rhythm.
means any of the following: consumption of alcoholic beverages
on public property, public drunkenness, obstructing the free passage
of pedestrians over public sidewalks, the obstruction of free passage
of vehicles within the public right-of-way, littering, fighting, and
such other conduct that constitutes a public nuisance or a violation
of law.
means the premises or location where the public dance is
being conducted.
means a person, persons, or business entity that has been
issued a permit as provided in this chapter. No permittee may be a
person under eighteen years of age.
means the police chief of the city and designee.
means a dance of twenty or more individuals which is limited
to those persons individually invited to which no admission charge
is made or a dance conducted by a bona fide club, society or association,
organized or incorporated for the benevolent, charitable, dramatic,
literary or dancing purposes, having an established membership and
which holds meetings other than such dances at regular intervals and
when the proceeds, if any, of such dance are used for the purposes
of such club, society or association.
means any dance open to the general public, whether or not
a fee or cover charge is imposed, and shall also include live musical
performances, whether or not a fee cover charge is imposed, where
fixed seating nor chairs are provided for the seating of each patron
or customer attending the event. A "public dance" shall not include
the presentation of non-recorded or recorded musical selections in
connection with any public gathering where the presentation of such
musical selection is only incidental to such public gathering and
neither the music nor dancing is the primary purpose of the event.
means any of the following:
The provision of any adequate number of licensed security personnel;
The adoption and posting of operating policies that are consistent
with the requirements of this code and the permit and the adherence
to those policies;
The documental training of employees in the carrying out of
the established operating policies;
Notifying the police department of apparent criminal activity;
and
The taking of all additional measures, consistent with sound
business judgment, necessary to accomplish the required result.
means the permittee, owner, proprietor, promoter, manager,
assistant manager or other person exercising control over the operation
of a public dance, whether or not that person is a named permittee.
(Ord. 1442 § 2, 2009)
The provisions of this chapter shall not be deemed to require
a permit for the following:
A.
For
any dance conducted in a park or recreational facility owned and operated
by the city;
B.
For
any dance conducted by a religious organization or association;
C.
For
any dance conducted by or sponsored by a bona fide organization or
association organized for charitable, dramatic or literary purposes
having an established membership and which holds meetings for purposes
other than such entertainment at regular intervals, when one hundred
percent of the proceeds, if any, arising from such entertainment are
used for the purposes of such club, society or association;
D.
For
any dance conducted by a school.
(Ord. 1442 § 2, 2009)
A.
All
applications for permits shall be filed with the police chief. The
application shall be made under penalty of perjury.
B.
Any
application for a permit shall include the following information:
1.
The
full name, present address, and telephone number of the applicant;
2.
Previous
addresses for the past five years immediately prior to the present
address of the applicant;
3.
Submittal
of a business plan consistent with the requirements of the police
chief which includes the following:
a.
A description of the proposed public dance, including approximate
number of persons who may attend the public dance(s), and any further
information about the location or the activity that will occur on
the premises as the police chief may deem necessary,
b.
The date, hour and location where the public dance is proposed and
the admission fee to be charged, if any, and
c.
The name or names of the person or persons having the management
or supervision of the applicant's business;
4.
Submittal
of a security plan consistent with the requirements of the police
chief which includes the following:
a.
The proposed security arrangements for control of patrons or customers
within the establishment and persons within fifty feet of the establishment,
b.
The name of the security company that applicant intends to use for
the proposed public dance,
c.
The number of security guards applicant intends to hire, and
d.
The proposed arrangements for the provision of emergency medical
services;
5.
Whether
the person or persons having the management or supervision of applicant's
business have been convicted of a crime(s), the nature of such offense(s),
and the sentence(s) received therefor;
6.
Authorization
for the city, its agents and employees to obtain verification of the
information contained within the application;
7.
A
statement in writing by applicant that he or she has read, understands,
and agrees to abide by this chapter and the city's noise ordinance;
8.
A
statement in writing by the applicant that he or she certifies under
penalty of perjury that the information contained in the application
is true and correct.
(Ord. 1442 § 2, 2009)
Annual permits issued under this chapter shall expire one year
following their issuance. Annual permits may be renewed by the police
chief for additional one-year periods upon application by the permittee,
unless the permit is suspended or revoked. Special event permits issued
under this chapter shall expire at the conclusion of the public dance
for which the special event permit was issued.
(Ord. 1442 § 2, 2009)
Every application for a permit or renewal shall be accompanied
by a nonrefundable fee, as established by resolution adopted by the
city council from time to time.
(Ord. 1442 § 2, 2009)
A.
Upon
receipt of the completed application and payment of the fees, the
police chief shall make an investigation of the application. If the
applicant has completed the application improperly, or if the application
is incomplete, the police chief shall, within ten days of receipt
of the original application, notify the applicant of such fact and
grant the applicant an extension of time of ten days or more to submit
a complete application. In addition, the applicant may request an
extension, not to exceed ten days, of the time for the police chief
to act on the application. The time period for granting or denying
a permit shall be stayed during the period in which the applicant
is granted an extension of time.
B.
Within
thirty days of receipt of the completed application, the police chief
shall complete the investigation and either:
1.
Issue
a special event permit for a one-time dance; or
2.
Issue
an annual permit to a licensed business which regularly conducts dances;
or
3.
Issue
a conditional one-time or annual permit which outlines specific conditions
relating to security, noise, public safety, and lighting that must
be complied with in order for the dance permit to be valid.
4.
Deny
the permit if the police chief finds that facts upon which a denial
of said permit is authorized pursuant to this chapter.
C.
Applications
for a special event permit shall be made at least thirty days before
the dance.
D.
Violation
of a condition listed on the conditional permit invalidated the permit
and subjects the owner, renter and/or leasee to Manteca Municipal
Code violations.
(Ord. 1442 § 2, 2009)
As a condition of the permit, the police chief may establish
the number of security guards the permittee is required to hire in
order to maintain the public peace and safety. Security guards shall
be charged with preventing violations of law and enforcing compliance
with the requirements of this chapter. Security guards shall be uniformed
in such a manner so as to be readily identifiable as a security guard
by the police and shall possess a valid and current security guard
registration card as required by applicable provisions of state law.
No security guard required pursuant to this chapter shall act as a
door person, ticket seller, ticket taker, admittance person, or sole
occupant of the manager's station while acting as a security guard.
(Ord. 1442 § 2, 2009)
Each responsible person shall make reasonable efforts to prevent
the admittance of any person whose conduct is described in Penal Code
Section 415 as amended (fighting, loud noise, offensive words in public
places) or 647 as amended (disorderly conduct) at the premises or
in any parking lot or similar facility used by the establishment.
Each responsible person shall make reasonable efforts to remove any
persons exhibiting such conduct from the establishment.
(Ord. 1442 § 2, 2009)
Each responsible person shall make reasonable efforts to prevent
the admittance of any obviously intoxicated person. For purposes of
this section, a person is "obviously intoxicated" when he or she exhibits
readily apparent outward manifestations of drugs or alcohol intoxication,
including, but not limited to, inability to walk or stand in a normal
manner, bloodshot or glassy eyes, flushed face, incoherent or slurred
speech, alcoholic breath, belligerent or other loud or boisterous
conduct, extreme agitation or nervousness or mental confusion, where
such manifestations lack other apparent cause.
(Ord. 1442 § 2, 2009)
Each responsible person shall make reasonable efforts to control
of patrons or customers so as to prevent or minimize disorderly or
unlawful conduct within the establishment and within fifty feet of
any area owned, leased or controlled by the responsible person.
(Ord. 1442 § 2, 2009)
Each responsible person shall use reasonable efforts to cause
the orderly dispersal of persons from the vicinity of the establishment
at closing time, and shall not allow persons to loiter or congregate
in a disorderly fashion within fifty feet of any area owned, leased
or controlled by the responsible person.
(Ord. 1442 § 2, 2009)
A.
Applications
for renewal shall be made at least forty-five days before the expiration
date of the permit and shall be accompanied by the nonrefundable fee
as established by resolution adopted by the city council. When an
application for renewal is made less than forty-five days before the
expiration date, the expiration of the permit will not be stayed.
B.
After
making and filing of said application for renewal and the payment
of the fee the police chief shall conduct a review of the public dance
permit issued to assess the permittee's compliance with the terms
and conditions of the permit, the business plan, and the security
plan and requirements. The police chief shall have the authority to
renew, further condition or deny the public dance permit. The police
chief shall also have the authority to make adjustments to the number
of security guards required.
(Ord. 1442 § 2, 2009)
A.
The
grounds for denial of a permit shall be one or more of the following:
1.
The
business or conduct of the business at a particular location is prohibited
by any local or state law, statute, rule, or regulation;
2.
The
applicant has knowingly made a false statement of material facts or
has knowingly omitted to state a material fact in the application
for a permit;
3.
The
applicant has failed to demonstrate that the issuance of the permit
will not adversely impact nearby institutions or businesses;
4.
The
applicant, his or her agent or employees, or any person who is exercising
managerial authority on behalf of the applicant has engaged in misconduct
or has been convicted of a crime substantially related to the qualifications,
functions or duties of a permittee, including, but not limited to,
violent crimes, crimes against children, and drug-related crimes.
A conviction within the meaning of this section means a plea or verdict
of guilty or a conviction following a plea of nolo contendere;
5.
The
applicant has committed an act involving dishonesty, fraud or deceit
with the intent to substantially benefit him or herself or another
or substantially injure another;
6.
Commission
of any act, which, if done by a permittee, would be grounds for suspension
or revocation of a permit.
7.
The
applicant has refused to meet the security plan or requirements established
by the police chief;
8.
The
required application or renewal fees have not been paid.
B.
Notwithstanding
the above, the applicant shall not be denied a permit solely on the
basis that he or she has been convicted of a felony if he or she has
obtained a certificate of rehabilitation under Section 4852.01 of
the Penal Code or on the basis that he or she has been convicted of
a misdemeanor.
(Ord. 1442 § 2, 2009)
A.
Any
permit issued under the terms of this chapter may be suspended, conditioned
or revoked by the police chief when it shall appear to him or her
that the permittee has committed any one or more of the acts or omissions
constituting the grounds for suspension or revocation under this chapter.
B.
No permit
shall be revoked or suspended by virtue of this section until a hearing
shall have been held by police chief. Written notice of the time and
place of such hearing shall be served upon the person to whom the
permit was granted at least five days prior to the date set for such
hearing. Such notice shall contain a brief statement of the grounds
to be relied upon for revoking or suspending such permit. Notice may
be given either by personal delivery to the person to be notified,
or by depositing it in the U.S. mail in a sealed envelope, postage
prepaid, addressed to the person to be notified at his or her address
as it appears in his or her application for a permit.
C.
It is
grounds for suspension or revocation of a permit if any permittee
or person, his or her agent, or employee:
1.
Does any act which violates any of the grounds set forth in Section 5.56.110 which sets forth the grounds for denial of a permit; or
2.
Violates
any other provision of this chapter or any statute, ordinance, or
regulation relating to his or her permittee;
3.
Engages
in or permits misconduct substantially related to the qualifications,
functions or duties of the permittee; or
4.
Conducts
the permitted business in a manner contrary to the peace, health,
or safety of the public; or
5.
Fails
to take reasonable measures to control the patrons' conduct resulting
in disturbances, vandalism, or crowd control problems occurring inside
of or outside the premises, traffic control problems, or creation
of a public or private nuisance, or obstruction of the business operation
of another business; or
6.
Operates
or permits the operation of any musical instruments, sound amplifiers,
or sound in general, in violation of the provisions of the city's
noise ordinance, or
7.
Violates
or fails to comply with the terms and conditions of the permit, business
plan, or security plan and requirements.
(Ord. 1442 § 2, 2009)
Any applicant or permittee aggrieved by the decision of the
police chief in denying, refusing to renew, conditioning, suspending,
or revoking a permit may, within ten calendar days, appeal the decision
in writing to the city manager who shall, following a hearing, take
action as provided in this chapter. If such appeal is not taken within
ten days, the decision of the police chief shall be final. The decision
of the city manager under this section shall be final.
(Ord. 1442 § 2, 2009)
If any person holding a permit or acting under the authority
of such permit under this chapter is convicted of a public offense
in any court for the violation of any law which relates to his or
her permit, the police chief may revoke said permit forthwith without
any further action thereof, other than giving notice of revocation
to the permittee.
(Ord. 1442 § 2, 2009)
When the permit of any person is revoked for cause or surrendered,
no new application for a permit from the same person shall be accepted
within one year after such revocation. When an application for a permit
is denied for cause, no new application for a permit from the same
person shall be accepted within one year after denial unless the applicant
can show a material change in his or her situation that would justify
the issuance of such permit.
(Ord. 1442 § 2, 2009)
Every permit issued pursuant to this chapter shall be conspicuously
displayed on the premises so that it may be easily seen by any person
on the premises.
(Ord. 1442 § 2, 2009)
Any permit issued pursuant to this chapter is valid only at
the address and for the person or business specified therein and is
not transferable to any other person or business. Any attempt to transfer
a permit either directly or indirectly in violation of this section
is hereby declared void, and the permit shall be deemed revoked. Change
of the establishment address, or change of the permittee's address
if no fixed establishment, requires the permittee to notify the police
chief in writing ten days prior to the establishment's or permittee's
moving to a new location. Failure to notify the police chief of the
change of address shall render any permit void and any operation of
a public dance unlawful.
(Ord. 1442 § 2, 2009)
Any person that violates any provision of this chapter shall
be guilty of a separate offense for each and every day during any
portion of which any such person commits, continues to permit, or
causes a violation thereof, and shall be punished accordingly.
(Ord. 1442 § 2, 2009)
It is unlawful and a public nuisance to violate any of the provisions
of this chapter. Violation of this chapter may be charged as either
an infraction or a misdemeanor in the discretion of the city attorney.
(Ord. 1442 § 2, 2009)
The violation of any provision of this chapter shall be and
hereby declared to be contrary to the public interest and shall, at
the discretion of city, create a cause of action for injunctive relief.
(Ord. 1442 § 2, 2009)
In addition to the civil remedies and criminal penalties set
forth above, any person that violates the provisions of this chapter
may be subject to administrative remedies, as set forth by the city
ordinance.
(Ord. 1442 § 2, 2009)
A.
The
police chief may require a permittee or responsible person to immediately
close down operations or a special event and disperse all patrons
for the remainder of its daily operation or special event whenever
conduct by disorderly patrons reaches a magnitude that presents an
immediate threat to the public safety or well-being of the patrons
and general public in the vicinity.
B.
Circumstances
constituting an immediate threat to the public safety include, but
are not limited to, the following:
C.
It is
unlawful for any person to fail to comply with any directive issued
by the police chief under authority of this section.
(Ord. 1442 § 2, 2009)
All persons conducting or permitting public dances as of the
date of adoption of the ordinance codified in this chapter must apply
for and obtain a public dance permit within ninety days of the effective
date of the ordinance codified in this chapter. Continued operation
of public dance without a permit more than ninety days after the effective
date of said ordinance shall constitute a violation of this chapter.
(Ord. 1442 § 2, 2009)
Judicial review of a decision made under this chapter may be
had by filing a petition for a writ of mandate with the superior court
in accordance with the provisions of the California Code of Civil
Procedure Section 1094.5. Any such petition shall be filed within
ninety days after the day the decision becomes final as provided in
California Code of Civil Procedure Section 1094.6, which shall be
applicable to such actions.
(Ord. 1442 § 2, 2009)
