Chapter 5.80
PUBLIC DANCES
Article I. General Provisions
5.80.010 Definitions.
5.80.020 Permit required.
5.80.030 Permit-Application.
5.80.040 Permit-Application for public dancing in connection with a business.
5.80.050 Permit-Issuance or denial-Expiration-Inspection.
5.80.060 Permit-Suspension and revocation.
5.80.070 Permit-Appeal.
5.80.080 Permit-Application for renewal and automatic extension.
5.80.090 Permit-Extension of expiration date.
5.80.100 Permit-Extension hearing.
5.80.110 Violation-Penalty.
5.80.120 Enforcement.
Article II. Public Dances
5.80.130 Alcoholic beverages.
5.80.150 Certain acts prohibited.
5.80.160 Solicitation of drinks.
5.80.170 Closing hours.
5.80.180 Reasonable lighting required.
5.80.190 Minors under sixteen prohibited-Exceptions.
Article III. Teenage Dances
5.80.200 Permit required-Application.
5.80.210 Permit-Exemptions.
5.80.220 Permit-Application-Process.
5.80.230 Permit-Issuance or denial-Revocation-Expiration.
5.80.240 Reasonable lighting required.
5.80.250 Parking lots-Lighting and supervision.
5.80.260 Readmittance.
5.80.270 Use of alcoholic beverages or illegal use of drugs prohibited.
5.80.280 Conduct and dress of participants.
5.80.290 Participation of adults prohibited.
5.80.300 Loitering prohibited.
5.80.310 Residency of sponsors.
Article I. General Provisions
5.80.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:
"Adult sponsoring group" means a responsible nonprofit club or organization having as one of its objects the sponsoring, regulation and control of youth activities and which assumes full and complete responsibility for the direction of a teenage dance, the receipts or contributions from which are to be expended only and exclusively for recognized charitable purposes.
"Charitable" or "charity" means and includes, but is not limited to the words religious, patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal.
"Public dance" means and includes any dance:
1. To which admission may be had by the payment of a fee, or cover charge, or equivalent, or by the purchase, possession or presentation of a ticket or token;
2. To which admission may be gained by a person without invitation or by anyone who cannot be identified at the time of the issuance of the invitation by the sender;
3. Any gathering of persons upon any premises, except a private home where no direct or indirect charge for admission is made, where dancing is participated in either as the main purpose for such gathering or as an incident to some other purpose for which the public is admitted;
4. At which or during the course of which instruction in the art of dancing is given or offered for those in attendance; or
5. To which the public generally may gain admission with or without the payment of a fee.
"Teenage dance" means a dance conducted exclusively for minors between the ages of thirteen and nineteen years, both inclusive, to which no person twenty years of age or over, or under thirteen years of age, is admitted as a participant, and at which no alcoholic beverage is sold, served, provided free of charge, or is permitted or allowed on the premises. (Prior code ºº10-1, 10-2)
5.80.020 Permit required.
A. No person shall conduct, maintain, sponsor or assist in the conducting or maintaining of any dancehall, public dance or teenage dance without first having obtained a permit therefor. No person shall knowingly participate in any such dance conducted without a permit.
B. No permit issued pursuant to this chapter shall be in any manner transferred or assigned, or authorize any person other than is therein mentioned or named to maintain or carry on any dancehall, public dance or teenage dance. Any change in location or name of person from that which is shown on the issued permit shall require a new permit to be obtained. (Prior code º 10-3)
5.80.030 Permit-Application.
Applications shall be accompanied by an application fee to be established or modified by resolution of the city council. The schedule for such fees shall remain on file and be available for public inspection in the office of the city clerk. The application shall contain the following:
A. A complete identification of the applicant and all persons directly or indirectly interested in the permit, and if the applicant is a corporation, the names, telephone numbers, residence and business addresses of the principal officers thereof and of any persons holding twenty-five percent or more of its shares of stock outstanding or ownership of the beneficial interest therein or a lien thereon;
B. The name, residence and business address and telephone number(s) of the manager or person in charge;
C. The address and the particular room or rooms for which the permit is required, the square foot area thereof to be used for dancing, the seating capacity, and a floor plan of seating areas and dance floor;
D. The date or dates upon which the dance will be conducted, which shall be not less than fifteen days subsequent to the date upon which the application is filed;
E. The approximate attendance expected;
F. The times at which the dance will begin and end;
G. A statement in detail of any other entertainment to be provided. (Prior code º 10-5)
5.80.040 Permit-Application for public dancing in connection with a business.
A. Applications to conduct public dances as a business or as incident to a restaurant, dancehall, or other business except a dancing academy, shall be made on forms provided by the city and shall be accompanied by an annual fee to be established or modified by resolution of the city council, and shall include:
1. A complete identification of the applicant and all persons directly or indirectly interested in the permit, and if the applicant is a corporation, the names, residence and business address and telephone number of the principal officers thereof and of any persons holding twenty-five percent or more of its share of stock outstanding or ownership of the beneficial interest therein or a lien thereon. Applicant(s) shall provide necessary fingerprints and photographs to enable the police division to conduct an investigation as required;
2. The name, residence and business address and telephone number of the manager or person in charge;
3. The address, the exact nature of the business, the name under which it is to be operated and the hours of operation;
4. The square foot area of the room or rooms to be used for dining, for dancing, for entertainment, the seating capacity of each such room and the square foot area of the dance floor;
5. Whether or not the applicant or anyone having a beneficial interest in the permit, directly or indirectly, has had a permit for the same or a similar business suspended or revoked anywhere, and if so, the circumstances thereof.
B. A permit issued under subsection A of this section shall allow the permit holder to provide live or recorded music during the hours of, and for the express purpose of, dancing, (Prior code ºº 10-6, 10-6.5)
5.80.050 Permit-Issuance or denial-Expiration-Inspection.
A. The application shall be referred to the city manager, who shall cause an investigation to be made and shall thereafter approve the issuance of the permit unless the city manager finds that the dance or activity for which the permit is requested would violate any law of the state or any ordinance or code of the city or that the dance or activity would be contrary to the health, peace, morals, safety or welfare of the community, or that the character or reputation of the applicant, or person identified with the activity or any of them, as to decency or maintenance of order is bad, or that a similar permit has been suspended, canceled or revoked.
B. Upon receipt of approval from the city manager to issue a permit, a daily, an annual or quarterly permit shall be issued to the applicant. All annual dance permits issued in accordance with this chapter shall expire on December 31st of the year of issuance. All quarterly dance permits issued in accordance with this chapter shall expire on the last days of March, June, September and December of the year of issuance.
C. All permits issued pursuant to this chapter shall be subject to the condition that the premises at which the dance is held shall be open to inspection free of charge at all times to officers responsible for the administration and enforcement of such provisions when such dance is in progress and immediately prior thereto. (Prior code º 10-7)
5.80.060 Permit-Suspension and revocation.
Any permit issued under this chapter may be suspended or revoked by the city manager when it shall appear that the activity authorized by such permit is conducted, maintained or carried on contrary to or in violation of any law of the state, any provision of this code, or any rule of the city manager governing public dances, or is conducted, maintained or carried on in such a manner as to constitute a nuisance, or to disturb the peace of persons in the vicinity, or to be deleterious to the public peace, morals, health, safety or welfare; provided, however, that no such permit shall be revoked or suspended by virtue of this section until a hearing shall have been held by the city manager. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified, or by depositing the same in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the last known address. In the event any such permit is denied or revoked, the holder thereof may not reapply for a permit required by this chapter for a period of six months. (Prior code º 10-8)
5.80.070 Permit-Appeal.
Any applicant aggrieved by the act of the city manager in disapproving the issuance of a permit, or suspending or revoking a permit, may appeal to the council within the time and in the manner provided in Chapter 2.88. (Prior code º 10-9)
5.80.080 Permit-Application for renewal and automatic extension.
A. The city clerk shall, at least forty-five days prior to expiration of an annual dance permit, notify the holder thereof of the expiration date. The permit holder shall, at least thirty days prior to the expiration date, file an application for renewal thereof with the city clerk as provided in Section 5.80.040A. In the event that the renewal permit has not been issued by the city manager on the date of expiration of the dance permit, the date of expiration thereof may be extended by the city manager for not more than thirty days or until the new permit is issued, whichever occurs first.
B. Should the permit holder fail to file an application for renewal at least thirty days prior to expiration date, the city clerk shall collect a late fee equal to twenty-five percent of the annual fee. (Prior code º 10-11)
5.80.090 Permit-Extension of expiration date.
A. In the event the permit is denied, the date of expiration shall be extended until the time for appeal has expired as provided in Chapter 2.88, or until the city council has heard and determined the appeal under the provisions of Chapter 2.88.
B. Notwithstanding the foregoing provision for extension of expiration date of dance permits, the city manager may order such permit revoked upon expiration date upon finding that there is an overriding public interest requiring the revocation thereof by applying the standards set forth in Section 5.80.060. (Prior code º 10-12)
5.80.100 Permit-Extension hearing.
The city manager, in the city manager's discretion, before revoking a dance permit as permitted by the provision of Section 5.80.090, may convene a hearing for the purpose of allowing applicant to show good cause why the expiration date of the permit should be extended. Notice of hearing shall be given to the applicant and any other interested persons fifteen days prior thereto. (Prior code º 10-13)
5.80.110 Violation-Penalty.
Any person conducting, maintaining or sponsoring any activity requiring a permit as described in Section 5.80.020 who does not obtain a permit prior to commencing that activity shall be subject to a civil penalty equal to one and one-half times the applicable fee set by resolution provided in this chapter in addition to, and not in lieu of, any other penalties provided by this code. This section shall not be construed so as to require the issuance of a license or permit. (Prior code º 10-3.5)
5.80.120 Enforcement.
The city manager is authorized and empowered to adopt such rules as the city manager may deem reasonably necessary to carry out the purposes of this chapter, subject to the review of the council. (Prior code º 10-10)
Article II. Public Dances
5.80.130 Alcoholic beverages.
No person shall conduct, operate, maintain or allow public dancing in any public dancehall, restaurant or cocktail lounge where alcoholic beverages are sold, furnished, consumed or offered for sale or consumption on the premises unless and until a permit for dancing has been issued pursuant to Article I of this chapter, and, in addition thereto, all of the requirements and conditions contained in this chapter are complied with and exist. (Prior code º 10-20)
5.80.150 Certain acts prohibited.
No permittee of any dance, including teenage dance, shall allow upon the premises any of the following acts or conduct:
A. Vulgar or obscene dancing;
B. Dancing by any intoxicated, boisterous or disorderly person, or the continued presence of any such person;
C. Smoking or carrying of lighted cigarettes or tobacco, or the drinking or carrying of drinks while dancing. (Prior code º 10-23)
5.80.160 Solicitation of drinks.
No employee of permittee shall solicit or accept drinks from any customer or dance with any customer while so employed. (Prior code º 10-24)
5.80.170 Closing hours.
No person shall conduct or assist in conducting any public dance between the hours of one-thirty a.m. and eight a.m. (Prior code º 10-25)
5.80.180 Reasonable lighting required.
All places where public dances are held must at all times when open for dancing therein be reasonably lighted throughout. (Prior code º 10-26)
5.80.190 Minors under sixteen prohibited-Exceptions.
No minor person under sixteen years of age shall enter, be or dance in any public dance. No parent or guardian of a minor under sixteen years of age, or the proprietor or person in charge of any public dance, shall permit any such minor person to enter, be or dance in any public dance; provided, that nothing in this section shall be construed to prevent a minor person under the age of sixteen years from being in a bona fide hotel, cafe or other place where meals are regularly served, and where a public dance is being held, or from participating in a teenage dance as provided in Article III of this chapter. (Prior code º 10-27)
Article III. Teenage Dances
5.80.200 Permit required-Application.
A. No person shall open, conduct, stage, sponsor or operate a public teenage dance or dancehall without first applying for and receiving a quarterly permit from the city pursuant to this chapter. Any person desiring to secure a permit for the operation of a public teenage dance or dancehall shall submit an application executed under penalty of perjury to the city. The application shall be accompanied by an application fee established or modified by resolution of the city council. The application shall include the following:
1. A complete identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted. Applicant(s) shall provide necessary fingerprints and photographs to enable the police division to conduct an investigation as required;
2. Names, residence and business addresses and telephone numbers of any copartners, including limited partners; or, if a corporation, the names, residence and business addresses and telephone numbers of all officers of the corporation and any persons holding twenty-five percent or more of its shares of stock outstanding or ownership of the beneficial interest therein;
3. Names, residence and business addresses and telephone numbers of any persons having a beneficial interest in or lien upon the applicant's shares of stock, or the assets or receipts of the proposed business;
4. The name, residence and business address and telephone number of the manager or person to be in charge;
5. The name, residence and business address and telephone number of the owner of the premises;
6. The address and the particular room or rooms for which the permit is required, the square foot area thereof to be used for dancing, the seating capacity, and a floor plan of seating areas and dance floor;
7. The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated;
8. Whether or not the applicant, or anyone having a beneficial interest in the business, directly or indirectly, has had a permit for the same or similar business suspended or revoked anywhere, and if so, the circumstances of such suspension or revocation. The suspension or cancellation of a liquor license shall be considered a similar business for the purposes of this section;
9. Whether or not the applicant or any officer or director, or member of applicant, as the case may be, has ever been arrested or has ever been convicted in any court for any crime. An infraction or misdemeanor traffic offense shall not be considered a crime for the purposes of this section;
10. The hours of operation;
11. Such other information as the city may require. (Prior code º 10-30)
5.80.210 Permit-Exemptions.
Section 5.80.200 shall not apply to the following organizations:
A. The Glendale Unified School District, Glendale Community College District, schools, academies and other educational organizations, including the student body organizations thereof, except dancing schools or academies;
B. Churches and religious organizations;
C. Fraternal orders, charitable and social clubs and organizations which conduct dances on a nonprofit basis and limit attendance to members of such organizations, families or members, and bona fide guests, and which organizations have for their principal purpose the betterment and advancement of their members otherwise than by the conducting of dances, and conducts such dances as merely incidental to its principal purpose and does not solicit or permit attendance by the general public;
D. The city and nonprofit civic organizations. (Prior code º 10-30.5)
5.80.220 Permit-Application-Process.
Upon the filing of an application for a public youth dancehall permit, the city shall cause an investigation to be made in order to ascertain what effect, if any, the issuance of such permit will have on the public peace, health, safety and general welfare of the city and its inhabitants. The permit shall be approved, approved with conditions, or denied within thirty days after receiving such application. The application shall be denied for any of the following reasons:
A. The applicant or person to be in charge of the dance or the dance premises is found to be a person of bad moral character or reputation;
B. The applicant or person to be in charge of the dance or the dance premises has been convicted in a court of competent jurisdiction of:
1. An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, play or act, or
2. An offense involving lewd conduct, or
3. An offense involving the use of force and violence upon the person of another, or
4. An offense involving misconduct with any person under the age of eighteen years, or
5. Use, sale or possession of narcotics or any controlled substance, except as otherwise provided in Section 11361.7 of the Health and Safety Code;
C. The premises are not suitable or proper for use as a public teenage dancehall;
D. There is a reason to believe that the public teenage dancehall for a public teenage dance will create a public nuisance or disorder in the neighborhood, or the premises are not sufficiently soundproof so that nearby residents or patrons of nearby hotels or lodging houses will not be disturbed, or the floor area in which the dance will be conducted is not adequately lighted;
E. The applicant has knowingly made any false, misleading, or fraudulent statement of facts in the permit application, or any other document required by the city in conjunction with the application;
F. Any applicant person aggrieved by the act of the city in granting or denying a permit under this
chapter, may appeal to the city council as approved in Chapter 2.88. (Prior code º 10-31)
5.80.230 Permit-Issuance or denial-Revocation-Expiration.
Applications for teenage dance permits shall be referred to the city manager, who shall cause the same to be investigated and shall issue or deny such applications and may suspend or revoke any permit issued for the reasons and grounds provided in this chapter. Any permit issued pursuant to this section shall be a quarterly permit and shall expire on the dates specified in Section 5.80.050. (Prior code º 10-32)
5.80.240 Reasonable lighting required.
All places where teenage dances are held shall be reasonably lighted throughout at all times when open for dancing. (Prior code º 10-33)
5.80.250 Parking lots-Lighting and supervision.
All off-street parking facilities made available for the participants of teenage dances shall be lighted and supervised as follows:
A. Lighting. Parking facilities shall be lighted in such a manner as to provide illumination to all vehicles sufficient to insure the safety of those persons using such facility and to permit supervision of the parking area.
B. Supervision. Parking facilities shall be supervised and inspected at reasonable intervals. (Prior code º 10-34)
5.80.260 Readmittance.
No minor admitted to a teenage dance shall be permitted to leave and thereafter reenter the dancing premises during the duration of the dance, and no pass-out checks shall be issued. Nothing in this section shall prohibit participants in the dance from passing to and from a refreshment facility provided by the adult sponsoring organization where such facility is not located in the dancing area. (Prior code º 10-35)
5.80.270 Use of alcoholic beverages or illegal use of drugs prohibited.
Admission to a teenage dance shall be denied to any person showing evidence, signs or symptoms of being under the influence of, or drinking or possessing any substance including any alcoholic beverage or illegal use of any controlled substance, or who has any alcoholic beverage or any illegal controlled substance on his or her person. (Prior code º 10-36)
5.80.280 Conduct and dress of participants.
All dancing and the dress of the participants shall be in conformity with accepted standards in the city which shall include but not be limited to standards designed to prevent obscene, lewd, violent conduct or conduct calculated to cause physical harm to participants. Sufficient adult supervision shall be provided at all teenage dances to ensure that such accepted standards of social conduct are followed. (Prior code º 10-37)
5.80.290 Participation of adults prohibited.
A person twenty years of age or over shall not attend any teenage dance as a participant. This section does not prohibit the attendance of chaperones or sponsors. (Prior code º 10-38)
5.80.300 Loitering prohibited.
No person, having first been requested to leave by a chaperone or other person in charge, shall remain or loiter in, around or about the premises at which a teenage dance is being conducted. (Prior code º 10-39)
5.80.310 Residency of sponsors.
At least two persons of the sponsoring groups shall have been bona fide residents of the city for at least three months prior to making application for a permit under this chapter. (Prior code º 10-40)