No permit shall be issued and no public dance operated unless:
(A) The operator has in his possession a signed agreement with a licensed security guard organization or off-duty law enforcement officer, which agreement shall provide for a sufficient number of security guards to prevent violation of the law or the creation of a public nuisance on the public dance premises, including parking lot or grounds. The minimum number of security guards required shall be one guard for each 150 persons capacity of the public dance premises, with at least one-half of these guards but not less than one guard regularly assigned to the parking lot and grounds. The city's Chief of Police or his authorized representative shall decide the exact number and assignment of security guards required to provide adequate security, which number may vary by time of day and day of week.
(B) The operator has in his possession a written statement from the Fire Department, indicating that the premises where the public dance is to be held is in compliance with the Fire Code which is compiled as Chapter 14, Article 2 and a permit which states therein the maximum number of persons which will be permitted in the building, structure or tent, or part thereof to be utilized for the public dance.
(C) The operator has in his possession a Health Department permit if food or drink is to be served, whether for gain or otherwise.
(D) The operator has submitted a satisfactory site plan and legal documentation which shows at least one off-street parking space for each 2½ persons allowed to occupy the building. The number of persons allowed to occupy the building shall be expressed as an occupancy load limit and shall be established by the Albuquerque Fire Department pursuant to the Fire Prevention Code or by the conditions imposed pursuant to this article, whichever is less.
(E) The operator has not been convicted of any felony within the past ten years or of any two violations of this article, including operating a public dance without a permit, within a three year period.
(F) The operator and the premises are in compliance with all applicable statutes, ordinances and regulations.
(G) The building or approved parking facility, whichever is closer, is not within 300 feet of a residential dwelling or rooming unit or commercial sleeping accommodations.
(H) No public dance for which a permit under this article is required shall operate past 2:00 a.m., Monday through Saturday or 12:00 midnight on Sunday. This provision shall not be construed to prohibit the Mayor from imposing limitations on the hours of operations as set out in division (I) of this section as a condition to the issuance of a public dance permit for a public dance when such conditions are in the public interest.
(I) The Mayor may establish rules and regulations for the operation of public dances and the enforcement of this article and may impose conditions upon the permits issued. Conditions imposed upon any permits issued may include, but are not limited to, requirements for adequate parking, buffer landscaping with wall if applicable, provisions for adequate security guards both inside and outside the premises of the public dance, noise limitations, maximum occupancy limit, and limitations on the hours of operation. Failure to substantially comply with any permit condition shall result in revocation of the permit.
('74 Code, § 11-3-5) (Ord. 7-1983; Am. Ord. 17-1987)