The word "cabaret" means a cafe, restaurant, bar, or other public establishment where alcoholic beverages are served, sold, consumed or distributed, and where entertainment is provided by a performer or performers who dance, sing, play musical instruments or present any other form or kind of entertainment. Such an establishment is a cabaret even though the entertainment is provided only at certain times.
(Prior code § 4-40.1; Ord. 3829 § 1, 1985)
The term "public dance hall" means any room, place or space, excepting a private residence or home, where dancing is permitted or carried on, whether admission be charged or not. The term "public dance" means any dance not held or given in a private home or residence.
(Prior code § 4-40.2)
No person shall engage in, carry on, maintain or conduct a cabaret or dance hall in the city without first having applied for and secured a license pursuant to Chapter 5.16, paid license taxes as specified in Chapters 5.04 and 5.08, and complied with all regulations pertaining to such business provided in this code.
(Prior code § 4-40.3)
The classes for licenses under this chapter shall be:
A. 
Class A. A class A license shall be required where dancing is permitted other than on an occasional basis or by special arrangement, and where entertainment groups consist of three or more persons.
B. 
Class B. A class B license shall be required where dancing is permitted other than on an occasional basis or by special arrangement, and where entertainment groups consist of no more than a single or double act.
C. 
Class C. A class C license shall be issued where dancing is permitted other than on an occasional basis or by special arrangement, and where there is to be no live entertainment.
D. 
Class D. A class D license shall be issued where no dancing is permitted but where entertainment groups consist of three or more persons.
E. 
Class E. A class E license shall be issued where dancing occurs occasionally or by special arrangement and where there is to be no live entertainment.
F. 
Class F. A class F license shall be issued where no dancing is permitted but where entertainment groups consisting of a single or double act are employed.
(Prior code § 4-40.8)
Any peace officer of the city or the state or any officer of the United States government charged with the duty of enforcing the public laws of the United States government shall have free access at all times to any cabaret or dance hall licensed under the provisions of this chapter.
(Prior code § 4-40.9)
It is hereby declared to be unlawful for any employee, concessionaire or employee of any concessionaire to dance or drink with or otherwise entertain patrons, guests or customers in any cabaret or dance hall licensed under the provisions of this chapter, except in the manner lawfully contracted for under the provisions of this chapter.
It is also declared to be unlawful for any employee provided for in this chapter to leave the cabaret or dance hall where he or she may be employed or to in any way associate with any guest, patron or customer of such cabaret or dance hall during the hours of employment; nothing herein contained shall be construed, however, to prevent any employee of a cabaret or dance hall licensed under the provisions of this chapter from selling or serving food or drink to a customer, patron or guest of such cabaret or dance hall.
(Prior code § 4-40.10)
Boisterous conduct and profanity shall be prohibited in cabarets or dance halls and in the hallways leading thereto. No dance of any immoral or vulgar character shall be permitted in any cabaret or dance hall and no person shall be permitted to conduct himself or herself in a vulgar or improper manner in such cabaret or dance hall. No undue familiarity shall be permitted.
(Prior code § 4-40.11)
It is unlawful for any person conducting, managing, operating or maintaining any establishment licensed under the provisions of this chapter, or any employee thereof, to harbor, admit or receive, or to permit to be or remain in or about such cabaret or dance hall, any lewd or dissolute person of either sex, any intoxicated or boisterous person, or any person under the influence of intoxicating liquors, or any person whose conduct while in such cabaret or dance hall tends to create a violation of any of the provisions of this chapter or of any of the laws of this city or the state, or which tends in any way to corrupt the good morals of any person or persons attending such cabaret or dance hall, or in any way interferes with the proper management or control of such cabaret or dance hall.
(Prior code § 4-40.12)
It is unlawful for the owner, proprietor, manager or person in charge of any cabaret or dance hall licensed under the provisions of this chapter, or for any employee of such cabaret or dance hall, to harbor, admit, receive or permit to be in or remain in or about such place, during hours when dancing is actually being carried on, conducted or permitted, any person under the age of eighteen years, unless such person is accompanied by his or her parent, spouse or legal guardian; provided, however, that the foregoing provisions shall not prohibit the entry of such persons into any dining room located in or about the premises occupied by a hotel or inn of sixty rooms or more and actually maintained and operated as a bona fide part of such hotel business.
It is unlawful for any person under the age of eighteen years falsely to represent himself or herself as being of the age of eighteen years or more for the purpose of obtaining admission to any premises licensed under the provisions of this chapter.
It is unlawful for any person under the age of eighteen years to falsely represent, state or declare that such person is of the age of eighteen years or over, or for any parent, guardian or any person to aid and abet in such false representation in order for such minor to obtain employment in any cabaret or public dance hall licensed hereunder.
(Prior code § 4-40.13; Ord. 3306 § 1, 1978)
It is unlawful for any of the following persons to be or remain in or about any cabaret or public dance hall licensed under the provisions of this chapter:
A. 
Any minor under the age of eighteen years, unless accompanied by a parent or legal guardian;
B. 
Any lewd or dissolute person of either sex;
C. 
Any drunken or boisterous person or persons under the influence of intoxicating liquors;
D. 
Any person whose conduct while present in such cabaret or dance hall tends to create a violation of any of the provisions of this chapter or of any of the laws of the city or of the state, or which tends in anyway to corrupt the good morals of any person or persons attending such cabaret or dance hall, or in any way interferes with the proper management and control of such cabaret or dance hall.
(Prior code § 4-40.14; Ord. 3306 § 2, 1978)
It is unlawful for the owner, proprietor, manager or person in charge, or any employee of a cabaret or dance hall, licensed under the provisions of this chapter, to harbor, admit or receive, or to allow or permit in such cabaret or dance ball any entertainment except that which is furnished by the person or persons who own and operate the business conducted at such cabaret or dance hall, and such entertainment must be only upon a stage, platform or dance floor, and the patrons, guests or customers shall at all times be excluded from such stage, platform or dance floor during the progress of the entertainment. The owner, proprietor, manager or person in charge of any cabaret or dance hall licensed under the provisions of this chapter shall provide a reasonable passageway through any part of the room used by customers, guests or patrons for ingress and egress of the entertainers to the stage, platform or dance floor where such entertainment is being presented. It is unlawful for any paid entertainers to mingle with the patrons, guests or customers of such cabarets or dance halls during the period of time they are employed.
No entertainment shall be given in any cabaret or dance hall in the city of a lewd, suggestive, vulgar or immoral type. Entertainers shall not use objectionable or obscene language, and shall not sing songs of lewd, obscene or vulgar character.
(Prior code § 4-40.15)
It is unlawful for any person, as principal, agent or otherwise, to carry on, maintain or conduct, or assist in carrying on, maintaining or conducting, any public dance hall or public dance in connection with any business or at any place wherein alcoholic beverages are sold or served in any room, place or space which does not contain a floor space allotted to dancing of at least four hundred square feet; provided, however, if in any specific case the city manager shall recommend to the city council, based upon the report and findings of the chief of police made after conducting the investigation hereinabove provided for, that the floor space allotted to dancing be less than four hundred square feet, then and in that event the council may in its discretion, by motion adopted by a majority of the council members present, determine and declare the size of the area of floor space allotted to dancing that shall be required; but unless such a motion shall be adopted, no lesser area than four hundred square feet shall be permitted; provided further, that this section shall not be deemed to prohibit the conducting or maintenance of such public dance in any room, place or space wherein dancing is authorized at the effective date of this section.
(Prior code § 4-40.16)
All cabarets and public dance halls shall be closed and cleared of all guests and patrons and employees on or before the hour of two a.m. It is unlawful to provide or permit any music, dancing or entertainment in or about any premises licensed under the provisions of this chapter between the hours of two a.m. and eleven a.m.
(Prior code § 4-40.17)
The holder of a cabaret or dance hall license shall keep such cabaret or dance hall in a clean, healthful and sanitary condition at all times, and have the stairways and other passages and all rooms and places connecting with such cabaret or dance hall at all times open, adequately lighted and properly ventilated during the hours such cabaret or dance hall is open for business.
(Prior code § 4-40.18)
A. 
It is unlawful for any patron, customer or visitor to bring, carry or transport into any room, place or space wherein dancing is permitted under the terms of this chapter, during hours when dancing is actually being conducted or carried on therein, any bottle or other container containing any alcoholic beverage.
B. 
It is unlawful for any person knowingly to permit any patron, customer or visitor to bring, carry or transport into any room, place or space wherein dancing is actually being conducted or carried on therein any bottle or other container containing any alcoholic beverage.
C. 
It is unlawful for any person, in any room, place or space wherein dancing is permitted under the terms of this chapter, to sell, serve, give away or distribute in bottles any alcoholic beverage, with the exception of beer or wine.
(Prior code § 4-40.19)
It is declared to be unlawful for any person who holds any license under the provisions of this chapter to operate a public dance hall or for an agent, representative or employee of such person to have, employ, furnish or keep in or about such dance hall any person of either sex to act in the capacity of a dance partner. It is unlawful for any person holding a license under this chapter or for their agents, representatives or employees to engage, keep or employ on a salary percentage or otherwise any persons of either sex to act as dance partners for the patrons of such public dance hall. It is unlawful for any person to be in or about such dance hall for the purpose of acting as a dance partner with the patrons of such dance hall for hire on a salary percentage or other method of employment.
(Prior code § 4-40.20)
The provisions of this chapter shall not apply to any private residence in which a private dance given or held by the owner or occupant of such private residence is given or held.
The provisions of this chapter shall not apply to any dance by any religious, charitable, fraternal, educational, state, county or municipal organization or association when the receipts of any such dance are to be appropriated for the purposes and objects for which such association or organization was formed.
(Prior code § 4-30.21)
The chief of police shall furnish and cause to be furnished printed notices containing a summary or synopsis of the provisions of this chapter to the proprietors or managers of every cabaret licensed under the provisions of this chapter. Such notices shall be printed in type of not less than twelve points in size, and it shall be the duty of the owner, proprietor and person having the charge and control of such cabaret to post one of the notices in each ladies' dressing room and one in each gentlemen's dressing room where patrons are admitted; one in each male entertainer's room, and one in each female entertainer's room.
It is unlawful for any cabaret licensed under the provisions of this chapter to be open or to remain open for use of the public unless such notices are kept posted as herein provided. It shall be considered a violation of this section for a proprietor, owner or manager or person having the charge of such business to refuse to immediately replace any notice therein provided for, upon demand of any peace officer of the city or state.
(Prior code § 4-40.22)
Every person conducting, operating or managing, either as principal or agent, any cabaret or public dance hall where alcoholic beverages are dispensed or served in the city shall comply with the following conditions covering the employment of persons in or about such establishments or premises.
(Prior code § 4-40.23)
A. 
It is unlawful for any person to procure, employ or permit any person employed in or about a cabaret, or public dance hall, whether such person be compensated by a straight salary or by any other mode of compensation, to drink or dance or associate with any patron or to consume any alcoholic beverage in or about such premises.
B. 
It is unlawful for any person to compensate any person employed in or about a cabaret or public dance hall at a rate determined by a percentage of moneys received or sales made or to permit any person so employed to be so compensated.
C. 
It is unlawful for any person employed in any capacity in or about a cabaret or public dance hall to consume any alcoholic beverage in or about such premises. No person shall accept employment in or act in any capacity in the operation or maintenance of a cabaret or public dance hall without first obtaining a permit from the chief of police of the city authorizing such employment.
D. 
It is unlawful for any person conducting, operating or managing, either as principal or agent, any establishment to which an on-sale beer, beer and wine, or general license has been issued under the State Alcoholic Beverage Control Act to permit any employee to drink, dance or mingle with any patron of such establishment, whether such employee be compensated by a straight salary or by any other mode of compensation.
(Prior code § 4-40.25; Ord. 2905 § 1, 1975)
It is the duty of every owner, lessee, proprietor, manager or occupant of any public dance hall, room, building or cabaret licensed under the provisions of this chapter to have personally present upon the premises at all times during which live entertainment is being provided, a private security officer or uniformed private security officer, approved by the chief of police for such position, who shall see that no violation of the law or breach of peace or drunkenness or other illegal or unlawful conduct is carried on therein; and whose duty it shall be to arrest any person or persons engaged in violating any of the laws of the state, or of this code, or any ordinances of this city, in or on such premises so licensed hereunder.
(Prior code § 4-40.26; Ord. 3791 § 1, 1984)
Licensees may annually petition the city manager for waiver of the private security officer or uniformed private security officer requirement. Upon granting of such waiver, licensee need not comply with such requirement during the calendar year for which such waiver was granted.
(Prior code § 4-40.27; Ord. 3791 § 1, 1984)
The city manager may, at his discretion, suspend, deny or revoke any such waiver upon any of the following grounds:
A. 
The misrepresentation of a material fact in the application for a waiver by an applicant;
B. 
The violation by the licensee of any provisions of this chapter;
C. 
When the granting or the continuance of the waiver would be contrary to the public peace or morals;
D. 
When the granting or the continuance of the waiver would be contrary to the public health, welfare or safety.
(Prior code § 4-40.28; Ord. 2905 § 2, 1975)
Upon a determination by the city manager adverse to any licensee, such licensee may make written request to the city council for a hearing to determine whether or not such licensee shall be granted a waiver of the requirement for private security officer or uniformed private security officer as hereinabove provided. The city council shall appoint a time for said hearing within not less than five days nor more than thirty days after receipt of such request, and shall notify the licensee of such hearing date not less than five days prior to said hearing.
(Prior code § 4-40.29; Ord. 3791 § 1, 1984)
At such hearing the city council may, at its discretion, require witnesses to be sworn. The licensee or his agent may present evidence in support of the granting or continuation of a waiver. Any other person may, at the discretion of the city council, be allowed to participate at the hearing and present evidence.
(Prior code § 4-40.30)
The action by the city council on the issuance, suspension or revocation of such waiver of the private security officer or uniformed private security officer requirement shall be final and conclusive.
(Prior code 4-40.31; Ord. 3791 § 1, 1984)
Any business which is established or maintained in violation of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.
(Ord. 4318 § 4, 1991)