Chapter V · Business Licenses and Regulations

ARTICLE 3. DANCE HALLS

Sections 5-301 to 5-312 · 12 sections

5-301 Definitions.

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:

Public Dance — shall mean any dance to which admission can be had by payment directly, or indirectly of a fee, or any dance to which the public generally may gain admission with or without the payment of a fee.

Public Dance Hall — shall mean any room, place or space, whether indoors or outdoors, in which a public dance shall be held.

(Code 1972, 15-40)

5-302 License; permit required.

It shall be unlawful for any person to keep or maintain any public dance hall or to conduct any public dance until a license or permit, as the case may be, to do so shall have been procured as herein provided.

(Code 1972, 15-41)

5-303 License; permit application.

Before any license or permit shall be granted or issued for the conduct of a dance or dance hall, an application shall be filed with the city clerk setting forth over the signature of the applicant the following facts:

(a)Name and address of applicant and name and auspices under which such dance or dance hall is to be conducted.

(b)Location of hall or place where dance is to be held.

(c)Time for which license or permit is desired.

(d). Hours the dance or dance hall is to be opened and closed.

(e)Nature and amount of fees to be charged.

(f)A statement that the applicant is familiar with the conditions imposed by the terms of this article.

(Code 1972, 15-42)

5-304 Investigation; issuance.

Upon the filing of the application, it shall be the duty of the city manager to cause the location or place mentioned in the application to be investigated and inspected. If upon inspection and investigation it shall appear that the requirements of this article are and will be fully complied with, such application shall be approved and the city clerk shall issue a license to the applicant upon the payment of the license fee as herein set forth; provided, no license for the conducting of a dance shall be granted until such application shall have been filed with the city clerk at least seven days; and provided further, no permit shall be issued for a dance as herein defined, until application shall have been filed with the city clerk at least four hours.

(Code 1972, 15-43)

5-305 Fees.

The following license fees shall be paid by the applicant before a license to maintain a public dance hall or to have a public dance shall be issued by the city clerk:

For one year - $50.00;

For each day or night a public dance is to be held, a permit therefor shall be obtained and a fee paid of - $5.00.

(Code 1972, 15-44; Code 1984)

5-306 Sanitation; fire protection; lighting.

It shall be unlawful to maintain or conduct a public dance hall unless the same shall conform to all ordinances on health and fire regulations, and be kept clean, well ventilated, supplied with sufficient toilet conveniences, and brightly lighted at all times when open for use. All stairways, halls, passageways and all adjoining rooms to the dance hall which are accessible from the dance hall shall be kept well lighted at all times when the dance hall is in use.

(Code 1972, 15-45)

5-307 Rules of conduct.

(a)It shall be the duty of every owner, lessee, manager or person in charge of any dance or dance hall to enforce the strict observance of the following regulations with reference to the conduct of a dance or a dance hall maintained, held, or operated under any license or permit issued as herein provided:

(1)No person except the owner, lessee, manager and regular employees of the dance hall or dance and the duly appointed and acting law enforcing officers of the city, state or of the United States, shall be admitted without having paid the regular established entrance fee, which shall be the same for both men and women.

(2)No person shall be permitted to remain or be admitted to any dance or dance hall, or to dance therein, who is intoxicated or who has alcoholic liquor, cereal malt beverages or any other controlled substance in his or her possession and any combination thereof shall not be used in any place, room or hallway adjacent to any dance hall or public dance place.

(3)Games of chance or gambling in any form shall be prohibited.

(4)All dances and dance halls shall close at 12:00 midnight, and shall not be conducted or operated on Sunday; provided, upon satisfactory showing to the city manager it shall be permissible for the city manager to issue special permit in single instances for a dance or dance hall to be conducted later than 12:00 midnight, but such permit shall be granted as an exception only. Nothing herein shall be construed to authorize the city manager to grant a permit to operate a dance or dance hall on Sunday.

(5)No indecent act or any disorder or conduct of gross, violent or vulgar character shall be permitted at a dance or within a dance hall at any time.

(b)The failure of the management or person in charge of any dance or dance hall to observe or cause to be observed and enforced the provisions of this article and the regulations herein specified shall constitute a violation, and he or she shall be punished as provided in section 1-112.

(Code 1972, 15-46; Code 1984)

5-308 Attendance by minors under 12.

(a)It shall be unlawful for the operator of any public dance to permit any person who has not reached the age of 12 years to attend or remain at any public dance unless such person be accompanied by a parent or legal guardian or a responsible person age 21 or older.

(b)It shall be unlawful for any person to represent himself or herself to have reached the age of 12 years of age for the purposes of attending a public dance.

(c)It shall be unlawful for any person to falsely represent himself or herself to be a parent or legal guardian of any person under the age of 12 years in order that such person under the age of 12 years may attend or remain in any public dance.

(Code 1984)

5-309 Attendance by minors under 18.

At any public dance where persons under the age of 18 years are admitted, supervision or licensed security personnel must be provided on the ratio of not less than one supervisor or security person for each 50 persons attending such dance.

(Code 1984)

5-310 Vacation of premises for unlawful activities.

Any member of the police department or other properly constituted authority shall have the power and it shall be the duty of each of them to cause any public dance hall to be vacated whenever any provision of this article, or of any ordinance, regulation or law concerning public dance halls has been or is being violated, or wherein any ordinance, regulation or law of any character shall be violated, or whenever any indecent act shall be committed or when any disorder or conduct of a gross violent or vulgar character shall take place.

(Code 1984)

5-311 Penalties.

Any person who shall be convicted of a violation of the terms of this article or shall fail to observe the requirements herein prescribed, shall upon conviction therefore, be punished as provided in section 1-112. In case of a second conviction of the owner, proprietor or person in charge of any dance or dance hall, the municipal court in addition to the assessment of the imposition of the punishment, may revoke the license of the person to operate such dance hall and thereafter it shall be unlawful for such person to maintain, or operate a dance hall in the city until he or she shall apply for and receive a new license as herein provided.

(Code 1972, 15-50; Code 1984)

5-312 Insurance.

It shall be the duty of every owner, lessee, manager or person in charge of any dance or dance hall to provide to the City a certificate of public liability insurance in a minimum amount of $1,000,000, written by an insurance carrier licensed to do business in the state.

(Ord. 2508)