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5.36. 010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Public dances" means 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.

B. "Public dance hall" means a place where dancing is conducted either for profit or not, and to which the public is admitted either with or without charge, or to which the public is allowed to participate in the dancing either with or without charge. (Prior code § 10-1)

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5.36. 020 Permit required.

It is unlawful for any person to open, conduct or carry on or to participate in the opening, conducting or carrying on of a public dance in any public place in the city unless a permit to do so has been granted by the city council. A violation of this section shall be an infraction. (Prior code § 10-2)

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5.36. 030 Grounds for issuing or denying permit.

In recommending the granting or denying of any permit under this chapter and in granting or denying the same, particular consideration shall be given to the peace, order, safety and moral welfare of the public. (Prior code § 10-3)

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5.36. 040 License fees to be paid.

In addition to the permit required under the provisions of this chapter, it is unlawful for any person to open, conduct or maintain any of the activities, businesses or operations herein referred to without having paid the license fees required under any license regulations of the city. A violation of this section shall be an infraction. (Prior code § 10-4)

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5.36. 050 Dance hall regulations.

The following regulations for the conduct of all public dances and the operation of all public dance halls or places in which a public dance is held are adopted and the violation thereof by any person conducting any public dance, under a permit or otherwise, shall be a misdemeanor:

A. Lighting. The hall, ballroom or other public place in which any dance is being held shall be kept well-lighted.

B. Minors Not to be Admitted. Except as provided in subsection K of this section, no person under the age of eighteen (18) years shall be admitted unless accompanied by his parent, guardian or other person having the care and custody of such person.

C. Age of Instructors Giving Lessons in Private. No person conducting, maintaining or carrying on a public dance, public dance hall or dancing academy shall permit any instructor who is under twenty-one (21) years of age to give instructions in dancing to persons of the opposite sex in any private room, booth, alcove or enclosure, every part of which is not clearly visible at all times from the main dance floor located on the same floor in such dancing academy or public dance hall.

D. Allowing Minors to Enter. Except as provided in subsection K of this section, no person, parent or guardian shall permit any person under the age of eighteen (18) years unaccompanied by such parent or guardian to enter, be in or dance in, nor shall such infant enter, be in or dance in any public dance hall or club dance.

Nothing in this section shall be construed to prevent an infant from being in any bona fide cafe or other place where meals are regularly served, but wherein no intoxicated liquor is served, and where a public dance is being held; provided, that such infant does not participate in the dancing therein.

E. Alcoholic Beverages. No vinous, spirituous or other alcoholic beverage shall be permitted on the premises where any such dance is being conducted or in premises directly connected therewith; provided, that this restriction shall not apply to places where food is served and liquor sold under authority of the state liquor control board.

F. Intoxicated Persons. No person under the influence of intoxicating liquor shall be admitted or allowed to remain at any public dance.

G. Return Check. No return check shall be issued.

H. Hours. No dancing shall be permitted between the hours of two a.m. and nine a.m. next ensuing.

I. Posting of Regulations. A copy of these regulations shall be kept posted in a conspicuous location in the hall, ballroom or other public place wherein the dance is being conducted and at all times during the continuance of the dance. Any person removing the same except upon authority of the proprietor thereof shall be guilty of a misdemeanor.

J. Application of Subsections H and I. The provisions of subsections H and I shall be construed to apply to public dances given by the management of hotels, to public charitable exhibitions or entertainment given by any association or society, and to public dances given by fraternal, patriotic or social organizations, even though no admission fee is charged.

K. Special Permit for Dances to be Attended by Minors. Notwithstanding other provisions of this section, the city council may grant a special permit for public dances in a public dance hall at which minors under the age of eighteen (18) years may be admitted subject to the following limitations:

1. No person twenty-one (21) years of age or older shall be permitted to dance at such dance hall at such times minors under the age of eighteen (18) years are admitted.
2. No alcoholic beverages are sold or available in or upon such facilities of premises in which dance is conducted.
3. No minor under the age of eighteen (18) shall be admitted after the permittee has received a notice signed by the parent or guardian of any such infant requesting that such infant not be allowed to enter or attend such public dance or public dance hall.
4. Such other conditions, rules and regulations as the city council may establish at or subsequent to the granting of the special permit in addition to all other applicable provisions of this section. (Prior code § 10-5)

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5.36. 060 Floor space.

No permit shall be issued hereunder for the conduct of any public dance hall, dancing club or public dance at any establishment having less than the following prescribed area set aside and reserved exclusively for dancing:

A. Two hundred (200) square feet of dance floor where the seating capacity of the establishment is not more than fifty (50) persons;

B. Three hundred (300) square feet of dance floor where the seating capacity of the establishment is not more than seventy-five (75) persons;

C. Four hundred (400) square feet of dance floor where the seating capacity of the establishment is in excess of seventy-five (75) persons. (Prior code § 10-6)

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5.36. 070 Night club, cabaret or social club regulations generally.

It is unlawful for any person operating a cabaret, night club or social club in the city, or any agent, employee or representative of such person, to permit any breach of peace therein or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct or otherwise, or to permit such cabaret, night club or social club to remain open or patrons to remain upon the premises between the hours of two a.m. and nine a.m. next ensuing, or to violate any of the regulations referred to in subsections A, B and C of Section 5.36.050. (Prior code § 10-7)

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5.36. 080 Booths and conduct in night clubs.

It is unlawful for any person operating a cabaret, night club or social club in the city, or any agent, employee or representative of such person, to erect, construct, maintain or cause or permit to be constructed or maintained within such cabaret, night club or social club any private rooms, booths or compartments or any closed stalls or any alcoves of any nature, so arranged that the entire inner portion of the same shall not at all times be visible or to permit any conduct in such place prejudicial to public morals. (Prior code § 10-8)

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5.36. 090 Police and fire protection.

If, in the judgment of the chief of police or chief of the fire department, the public welfare and safety require the continuous attendance at any of the places of business or activities referred to in this chapter during the time the same are being carried on, they may require the appointment of special police officers or firemen for the purpose of preserving order and the enforcement of any and all police and fire regulations pertinent to such operations; provided, however, that the presence of such special police officers or firemen shall not relieve that management or any of its employees from responsibility for any violation of law or city ordinance. The compensation of the special officers or firemen provided for herein shall be paid for by the management; provided, that such compensation shall not exceed the normal compensation paid to such policemen and firemen for similar work in the city. (Prior code § 10-9)

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