For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
"Club dance"
shall mean any dance held by a dancing club.
"Dancing club"
shall mean any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests more often than once per month.
"Private room or booth"
shall include any room, booth, alcove, or enclosure, every part of which is not clearly visible at all times from the main dance floor located upon the same floor upon which such private room or booth is located.
"Properly lighted"
shall mean a minimum light intensity of four footcandles, measured thirty (30″) inches from the floor, in all parts of the room or hall in which a dance is conducted.
"Public dance"
shall mean a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose for such gathering or as an incident to some other purpose, and to which premises the public is admitted.
"Public dance hall"
shall mean a place where dancing is conducted, whether for profit or not for profit, and to which the public is admitted, either with or without charge, or at which the public is permitted to participate in the dancing, either with or without charge.
(§ VI, Ord. 896, § VII, Ord. 896, as amended by § I, Ord. 1091, § IX, Ord. 896, and § 13, Ord. 2019-978, eff. September 5, 2019)
It shall be unlawful for any person to conduct or assist in conducting any public dance hall, dancing club, or public dance in the City unless under and by the authority of a written permit from the Council.
(§ I, Ord. 896, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Permits to conduct public dance halls, dancing clubs, and public dances in the City shall be issued by the Council only upon the written application of any person for himself or herself or on behalf of any association of persons or corporation. Every such written application for a permit shall be presented to the Council and shall set forth the following information:
(a) 
The name and residence address of the applicant;
(b) 
If a firm, the names and residence addresses of the partners;
(c) 
If an association, the names and residence addresses of the officers;
(d) 
If a corporation, the names and residence addresses of the officers and directors;
(e) 
The place for which the permit is desired or in which the dance is to be held;
(f) 
The number and date of the dances to be held under the permit; and
(g) 
If the applicant requests a combined dance and entertainment permit, the applicant, in addition to the information required by this section, shall provide all of the information required of an applicant for an entertainment permit as set forth in Article 13 of this chapter.
(§ II, Ord. 896, as amended by § 1 (a), Ord. 308-NS, eff. May 5, 1982, and § 13, Ord. 2019-978, eff. September 5, 2019)
Before issuing any permit the Council shall first satisfy itself that the conduct of such dance hall, dancing club, or public dance will comport with the public welfare and for this purpose shall consider any facts or evidence bearing on the place where the public dance hall, dancing club, or public dance is to be located and any other facts or evidence tending to enlighten the Council in this respect.
It shall be the duty of the Finance Director to investigate the place where the proposed dance hall, dancing club, or public dance is to be located and the persons who will be in charge. All the facts and evidence resulting from such investigation shall be reported by the Finance Director to the Council.
The Council shall take action for the granting or denial of the permit not later than the fourth regularly scheduled Council meeting following the filing of the application and the furnishing of all required information by the applicant. If such action is not taken by such time, then an original application shall be deemed to have been granted, and the Director of Finance shall issue a permit to the applicant. If a permit has been granted to a permittee and is in effect, and if the permittee files an application not less than 30 days before the expiration of the permit for the renewal thereof and furnishes all of the required information, then the Council shall act upon such application before the expiration date of the permit. In the event the Council fails to grant or deny the permit by its expiration date, then such permit shall be extended automatically for a period of 60 days after the date of expiration, and the Council shall consider and act upon such application before such 60 day period expires. During any such automatic extension, the Director of Finance shall issue a written extension permit to the permittee, and such permit shall be displayed with the permit previously issued.
Should the Council fail to act on any renewal application prior to the expiration of said 60 day extension, then such renewal application shall be deemed approved, and the Director of Finance shall issue a renewal permit to the permittee.
(§§ II and III, Ord. 896, as amended by § 1 (b), Ord. 308-NS, eff. May 5, 1982, § 1, Ord. 607-NS, eff. November 19, 1998, § 2 (13), Ord. 624-NS, eff. Dec. 15, 1999, § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999, and § 13, Ord. 2019-978, eff. September 5, 2019)
Permit fees in the following amounts shall be charged and collected for permits granted pursuant to the provisions of this article:
(a) 
For a permit for a single dance, $25;
(b) 
For a permit for a series of dances extending over a period of one month or less, $50;
(c) 
For a permit for a series of dances extending over a period of more than one month and not to exceed six months, $100; and
(d) 
For a combined dance and entertainment permit, $600 for an original permit or $350 for a renewal permit.
(§ IV, Ord. 896, as amended by § 1 (c), Ord. 308-NS, eff. May 5, 1982, § 5, Ord. 344-NS, eff. December 21, 1983, § 2, Ord. 607-NS, eff. November 19, 1998, and § 13, Ord. 2019-978, eff. September 5, 2019)
Such permits shall be posted in a conspicuous place on the premises where the dance for which the permit was issued is conducted and shall remain so posted during all the time dancing is taking place.
(§ I, Ord. 896 , as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
No permit issued pursuant to the provisions of this article shall be transferable except by the consent of the Council.
(§ I, Ord. 896, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
(a) 
Suspension and revocation. Any permit issued pursuant to the provisions of this article may be revoked at any time by the Council if the Council becomes satisfied that the conduct of such dance hall, dancing club, or public dance does not or will not comport with the public welfare for any reason or that the same has been conducted in an unlawful, improper, or disorderly manner. The Council may revoke or suspend a permit issued for any public dance hall or dancing club when the proprietor or person in charge thereof violates or permits any infraction of any law of the State or the City.
(b) 
Hearings: Notices: Exception. No permit for a public dance hall, dancing club, or public dance shall be revoked or suspended pursuant to the provisions of this article unless a hearing and notice thereof shall be first given the permittee; provided, however, any such permit may be temporarily suspended without such notice or hearing by the Council.
(§ V, Ord. 896, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
(a) 
No permit shall be issued to any establishment for dance and entertainment in which the square footage of the dance floor area exceeds the following:
(1)
Occupancy of 75 persons or less
200 square feet
(2)
76 persons through 99 persons
300 square feet
(3)
100 persons or more
400 square feet
(b) 
In no case shall the dance floor exceed 400 square feet gross floor area.
(c) 
The required dance floor area shall be set aside and reserved exclusively for dancing, such area to be exclusive of hallway space.
(d) 
Permits for dance and entertainment shall be issued only to establishments where the dance and entertainment is an accessory use which constitutes 25% or less of the gross receipts of the principal business.
(e) 
In addition to the requirements set forth in Section 3-1.1202 of this article, the following shall require a conditional use permit approved by the Planning Commission:
(1) 
Requests for dance and entertainment permits which involve the payment of an admission fee, cover charge, minimum service charge, donation, or any other type of fee or payment to enter in order to dance; and
(2) 
Requests for dance and entertainment permits in which the occupancy of the establishment exceeds 100 people.
No conditional use permit shall be required for any tax exempt nonprofit organization, including, but not limited to, bona fide charitable, religious, benevolent, and educational organizations, and a conditional use permit shall not be required in connection with the use of any property owned by the City.
(§ V, Ord. 896, as amended by § 4, Ord. 344-NS, eff. December 21, 1983, and § 13, Ord. 2019-978, eff. September 5, 2019)
All public dance halls or places where public dances are held, at all times when open for dancing therein or when dancing is being held therein, shall be properly lighted, as defined in subsection (d) of Section 9-2.1201 of this article. Such places shall be properly lighted throughout during the time such dance hall or public dance is open to the public or such club is open to its members or guests.
(§ VII, Ord. 896, as amended by § I, Ord. 1091, and § 13, Ord. 2019-978, eff. September 5, 2019)
(a) 
Unlawful. It shall be unlawful for any person to take any form of alcoholic liquor into any public dance hall.
(b) 
Duty of persons in charge. It shall be unlawful for any person in charge or assisting in the conduct of any public dance hall to permit any person to enter or remain therein who has any form of alcoholic liquor in his or her possession.
(§ VIII, Ord. 896, as amended by § II, Ord. 1091, and § 13, Ord. 2019-978, eff. September 5, 2019)
(a) 
Unlawful. No person shall conduct himself or herself in a boisterous or disorderly manner in a public dance hall, nor shall any person in an intoxicated condition enter or remain in any such dance hall.
(b) 
Duty of persons in charge. It shall be unlawful for any person in charge or assisting in the conduct of any public dance hall to permit any intoxicated, boisterous, or disorderly person to enter, be or remain in, or assist in any such dance hall.
(§ VIII, Ord. 896, as amended by § II, Ord. 1091, and § 13, Ord. 2019-978, eff. September 5, 2019)
It shall be unlawful for the manager or person in charge of any public dance hall to issue pass-out checks entitling the holder thereof to readmittance to such dance hall.
(§ VIII, Ord. 896, as amended by § II, Ord. 1091, and § 13, Ord. 2019-978, eff. September 5, 2019)
(a) 
Unlawful attendance. It shall be unlawful for any person under 18 years of age to enter, be in, or dance in any public dance hall unless accompanied by his or her parent or legal guardian.
(b) 
Duty of guardians and persons in charge. It shall be unlawful for any parent or guardian of a minor person under 18 years of age or for the proprietor or person in charge of any public dance hall to permit any such minor person to enter, be in, or dance in any public dance hall unless accompanied by his or her parent or legal guardian.
(c) 
Misrepresentation of age. It shall be unlawful for any person to represent himself or herself as being 18 years of age or over when, in fact, his or her age is less than 18 years.
(d) 
Misrepresentation of guardianship. It shall be unlawful for any person to falsely represent himself or herself as a parent or guardian of any minor person in order that such minor person may attend or remain in a public dance hall.
(e) 
Exception. The provisions of this section shall not apply to teenage dances as provided in Section 9-2.1215 of this article.
(§ VIII-a, Ord. 896, as added by § III, Ord. 1091, as amended by § I, Ord. 1171, and § 13, Ord. 2019-978, eff. September 5, 2019)
The provisions of Sections 9-2.1209 and 9-2.1214 of this article shall not apply to dances conducted by, or under the auspices of, the Recreation Department of the City, the public schools, or any group or organization specifically authorized by the Council, in writing, to conduct dances exclusively for youths between the ages of 13 and 19 years. Any person 20 years of age may attend such teenage dances under public auspices as a guest if accompanied by a member, but no person 21 years of age or over and no one under 13 years of age shall be admitted as a participant.
(§ VIII-a, Ord. 896, as added by § III, Ord. 1091, as amended by § I, Ord. 1171, § 7, Ord. 344-NS, eff. December 21, 1983, and § 13, Ord. 2019-978, eff. September 5, 2019)
It shall be unlawful for any person conducting, maintaining, carrying on, or having the charge or control of a public dance hall to permit any instructor who is under the age of 21 years to give instruction in dancing to persons of the opposite sex in any private room or booth, as defined in subsection (c) of Section 9-2.1201 of this article, in such public hall; provided, however, the provisions of this section shall not be deemed or construed as applying to any place where-in classical dancing is the principal subject taught.
(§ IX, Ord. 896, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
It shall be the duty of the police officers of the City to inspect all dance halls in the City, and such officers shall be permitted to enter, free of charge, any dance hall for the purpose of inspection.
(§ X, Ord. 896, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code, and, in addition, any permit which may have been granted to such person to conduct, maintain, or carry on any public dance hall, public dance, or club dance shall be invalid, and the Council shall declare such permit to be revoked, and no new permit shall be issued to such person to conduct any public dance hall, public dance, or club dance for at least one year after such revocation.
(§ XI, Ord. 896, and § IV, Ord. 1091, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)