763.05 EXEMPTIONS FROM LICENSE REQUIREMENT.
   The licensing requirement of Section 763.04 does not apply to the following places and/or organizations:
   (a)   A private residence located in a residential district from which the general public is excluded;
   (b)    A place owned by the federal, state or local government;
   (c)    A public or private elementary school, secondary school, college, or university;
   (d)    A place owned by a religious organization;
   (e)    An establishment that:
      (1)    Has a restaurant certificate of occupancy;
      (2)    Has a valid food and beverage certificate;
      (3)    Derives fifty percent (50%) or more of its gross revenues on a quarterly basis from the sale of food and nonalcoholic beverages; and
      (4)    Does not charge an entrance or admission fee; and
   (f)    An establishment where:
      (1)    Persons contract for instruction in dance methods, styles, techniques, and disciplines recognized by professional dance organizations;
      (2)    The dance instruction is only provided by persons trained in dance methods, styles, techniques, and disciplines recognized by professional dance organizations; and
      (3)    No dancing occurs on the premises except by:
         A.   A person employed or under contract to provide dance instruction at the establishment; and
         B.   A person contracting for dance instruction at the establishment; and
      (4)    The primary purpose of the dancing at the establishment is for the education of the persons contracting for dance instruction and not for the entertainment of the general public.
         (Ord. 2006-38. Passed 6-26-06.)