The purpose of this chapter is to provide for the orderly conduct
of public dance and entertainment events.
(Prior code § 7-2.1; Ord. 1394 § 1, 1981; Ord. 1730 § 4, 2007; Ord. 1878 § 4, 2020)
For purposes of this chapter, the words and phrases set forth
in this section shall have the meanings respectively ascribed to them
herein, unless the context clearly indicates a contrary intention.
means any dance to which the public is admitted.
means any live, audible or visible dramatic or musical performance,
or any other type of entertainment to which the public is admitted
or at which an admission fee is charged for persons attending the
event, whether such admission is charged at the door or entry, through
the sale of tickets, or in any manner whatsoever. This definition
includes circuses, carnivals, fairs, parades, festivals, fundraisers,
aggregate of commercial concessions, or any similar type of public
or commercial event.
does not include the following:
Any dance or entertainment event conducted directly by the public
schools, or by the recognized student body organizations thereof,
when such dance is conducted on school premises;
Any dance or entertainment event conducted directly by the city;
or
Any dance or entertainment event conducted in a place of public dance or entertainment licensed as such pursuant to Chapter 4.04 of this title.
(Prior code § 7-2.2; Ord. 1394 § 1, 1981; Ord. 1730 § 4, 2007; Ord. 1878 § 4, 2020)
A.
No person
shall openly conduct, or carry on, or participate in the opening,
conducting, or carrying on, of any public dance or public entertainment
event, without procuring a permit for such purpose from the chief
of police.
B.
The provisions of this chapter only apply to public entertainment events lasting three days or less, for up to three such public entertainment events in a single year. For public entertainment events lasting longer than three days, see Section 12.84.030 (events lasting up to one year) or Chapter 12.112 (events lasting more than one year).
(Prior code § 7-2.3; Ord. 1394 § 1, 1981; Ord. 1730 § 4, 2007; Ord. 1878 § 4, 2020)
A.
Before
any permit shall be granted, as provided in this chapter, an application
shall be filed with the chief of police not less than fifteen days
in advance of the date or commencement of the public dance or public
entertainment event.
B.
Applications
for public dances and public entertainment events shall set forth
over the signature of the applicant the following information:
1.
The
name and address of the applicant;
2.
The
address of the place where the dance or event will be held;
3.
The
name and address of the person who will be in charge of the dance
or event and will be present during the time the dance or event is
taking place;
4.
The
estimated number of persons who will attend;
5.
The
dates and hours during which the dance or event will take place;
6.
A
general statement of the type of dance or event to be conducted, including
the detailed description of the content of the event, operating format
of the event, and each type of entertainment, ride, game, exhibit,
concession, or other feature;
7.
The
dates and locations, if any, of the last three places where the dance
or event took place;
8.
For
parades, the time and route proposed by the applicant;
9.
The
provisions that will be made to house any employees or personnel who
do not reside in the area;
10.
The number and kinds of live animals, if any, that will be kept on
the site and the places they will be kept; and
11.
Such other information as the chief of police shall require.
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The application shall be filed by the person proposing to operate
the business.
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C.
Each
application shall be accompanied by an application fee in an amount
established by resolution of the city council.
(Prior code § 7 2.4; Ord. 1394 § 1, 1981; Ord. 1730 § 4, 2007; Ord. 1878 § 4, 2020)
A.
Upon
receipt of the application and permit fee the chief of police shall
refer the application to all regulatory departments of the city for
a report and recommendation thereon.
B.
The
chief of police shall make all necessary arrangements with the applicant
for the presence of a sufficient number of either off-duty police
officers, security guards, or both, as determined by the chief of
police, who shall be required to be present during the public dance
or public entertainment event. The costs of the presence of any such
personnel shall be paid by the applicant.
C.
The
chief of police shall impose such conditions and requirements upon
the issuance of the permit as he or she shall deem necessary in order
to protect and preserve the safety of the persons attending the public
dance or public entertainment event and the peace and quiet of the
neighborhood in which the dance or event is being conducted.
D.
The chief of police may deny the application if he or she makes any determination with regard to the applicant, any manager of the public dance or public entertainment event, or any interested person set forth in Section 4.04.050, or that the proposed dance or event would be contrary to the public safety, health, or welfare and could not be mitigated by reasonable conditions which might be imposed by the chief of police.
(Prior code § 7-2.5; Ord. 1394 § 1, 1981; Ord. 1730 § 4, 2007; Ord. 1878 § 4, 2020)
No permit issued pursuant to the provisions of this chapter
shall be assignable or transferable.
(Prior code § 7-2.6; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A.
No public
dance or public entertainment event shall operate prior to eight a.m.
or after eleven p.m. of any day.
B.
No public dance or public entertainment event described in this Chapter 4.08 shall operate, maintain, or permit to be maintained any gambling or games of chance, including, but not limited to, wheels, dice, bingo, keno, bridge, tango, grab bags, or any similar device or game. No games of skill shall be so controlled, fixed, or operated so as to permit the operator to make the game impossible, or so nearly so for the player to win, that it does not become a fair game. The use of players in games acting in behalf of the operator while ostensibly acting for themselves is prohibited.
C.
An animal maintained or kept in connection with any public dance or public entertainment event described in this Chapter 4.08 shall not be kept or maintained within fifty feet of any residential property line.
D.
Prior
to the admission of the general public to any public dance or public
entertainment event, each person or organization which is required
to obtain a permit pursuant to the provisions of this chapter shall
cause the premises on which the event is to occur and facilities thereof
to be inspected by the Division of Industrial Safety of the state
and shall deliver a certificate of such inspection to the chief of
police. In the event of a mechanical breakdown of equipment, the use
of which would directly affect the safety of the general public, such
equipment shall not be placed back into operation without obtaining
a reinspection by the Division of Industrial Safety, and a certificate
of such reinspection shall be delivered to the chief of police.
E.
Prior
to obtaining a permit pursuant to the provisions of this chapter,
the applicant shall post cash or a certified check, in an amount to
be established by resolution of the city council, payable to the order
of the city, to insure payment to the city of any damages to city
property occasioned by the operation of such applicant, to insure
the cleaning of the lots used by the applicant and the immediately
surrounding streets of such litter and debris as may result from the
operation of the place of amusement and to return the lots to their
original condition, and to ensure the removal, within forty-eight
hours after leaving the city, or any signs, placards, or advertising
matter placed upon property within the city by the applicant or other
persons authorized by the applicant. The applicant shall be advised
of any claims contemplated against such security deposit and shall
have the right to appeal the validity of such claims to the city council.
F.
Prior
to obtaining a permit pursuant to the provisions of this chapter,
the applicant shall provide written proof of insurance coverage for
the term of the permit, in such amounts as may be established by resolution
of the city council or by determination of the city attorney, for
public liability and for property damage.
(Prior code § 7-2.7; Ord. 1394 § 1, 1981; Ord. 1730 § 4, 2007; Ord. 1878 § 4, 2020)
Appeals of denials of licenses pursuant to this chapter shall be governed Section 4.04.090, subsections E and F, and by Section 4.04.100. At the conclusion of the appeal hearing the city council shall make findings of fact and conclusions of law, which shall be transmitted to the appellant. The city council, based upon the evidence presented, shall affirm or reverse the decision of the chief of police. The decision of the city council shall be final and conclusive.
(Prior code § 7-2.8; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A.
If the
chief of police determines that the operation of any public dance
or public entertainment event is being done in such a manner as to
provide reasonable cause to believe that the continued effectiveness
of the permit as to all or a portion of the operation would constitute
an immediate threat to the public health and safety or of continued
violations of the operations requirements; fraudulent or dishonest
conduct; or sale or use of narcotics on the premises he or she may
immediately suspend the permit as to all or a portion of the operation
by providing personal or written notice to the permittee of the action
taken and the reason therefor.
C.
If, at the conclusion of the hearing, the chief of police determines that grounds exist for the suspension or revocation of the permit, he or she may revoke or continue the suspension of the permit. The permittee may appeal such decision to the city council by filing a notice of appeal in the manner prescribed by subsection D of Section 4.04.090; provided, however, that pending the action of the city council on appeal the revocation or suspension shall remain in full force and effect.
(Prior code § 7-2.9; Ord. 1394 § 1, 1981; Ord. 1730 § 4, 2007; Ord. 1878 § 4, 2020)
