(A) Permit required. Any person giving, sponsoring or promoting a public dance within the municipal limits of the Town of Clayton shall apply for a permit to do so at the Town Office in Clayton, New Mexico, at least 3 days prior to the date on which public dance or party is to be held. An application of $10 shall be paid at the time of application. No permits shall be denied any person applying for 1, but it is the purpose of this section to notify the town authorities of any pending event prior to its occurrence.
(B) Employment of peace officer.
(1) Each and every applicant shall contract with 1 or more qualified peace officers to provide security and police the conduct of patrons of the dance. Persons hired to act as security officers shall be commissioned officers of the Union County Sheriff’s Department, sheriff’s posse, Clayton Police Department, New Mexico State Police, Game and Fish officers, brand inspectors or licensed security guards. The Town Office and Clayton Police Department shall maintain for public view, a list of qualified persons willing to act as security officers at public dances pursuant to this section including names, addresses and phone numbers of each qualified person. Compensation for the security officers shall be provided by the person submitting the application for a dance permit.
(2) Any peace officer retained pursuant to this section shall not be deemed to be an employee of the town for any purpose while employed pursuant to this section, and the town will not be liable for collection of any fees due to peace officers retained pursuant to this section, nor shall the town be responsible for any act or omission committed by the peace officer.
(3) In the event none of the qualified persons are available for service as security officers as contemplated by this section, the requirement may be waived by the Chief of Police in his or her sole discretion and upon the conditions as the Chief of Police may impose.
(C) Applicability. The provisions of this section shall not apply to any public dance, party or celebration held on property owned by the schools, private clubs or liquor establishments duly licensed as such by the State of New Mexico nor to any privately sponsored dance or party not open to the general public except this section shall apply to any dance held in a town-owned facility.
(Ord. 614, passed 11-8-1999)