(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC DANCE. Any dance wherein the public may participate by payment, directly or indirectly, of an admission fee or price for dancing, which fee may be in the form of a club membership, or payment of money, directly or indirectly.
PUBLIC DANCING PLACE. Any room, place or space open to public patronage in which dancing, wherein the public may participate, is carried on and to which admission may be had by the public by payment, directly or indirectly, of an admission fee or price for dancing.
(B) License required. It is unlawful for any person to operate a public dancing place, or hold a public dance, without a license therefor from the city.
(C) License fee. The license fee shall include the cost of providing attendance of a police officer, or officers.
(D) Application and license.
(1) A verified application for a dance license shall be filed with the city and shall specify the names and addresses of the person, persons, committee or organization that is to hold the dance, time and place thereof, and the area of the dance floor.
(2) All applications shall be accompanied by affidavits of two residents showing that the applicant is of good character and reputation in the community in which he or she lives, that he or she has not been convicted of a felony, gross misdemeanor, or violation of any public dance laws within the past five years. No license shall be issued to any person who has been so convicted.
(3) No license shall be granted by the Council for any place having so-called “private apartments” or “private rooms” furnished or used for any purposes other than a legitimate business purpose which adjoins the dancing place, or which may be reached by stairs, elevators or passageway leading from the dancing place. Nor shall a license be granted for any place which is not properly ventilated and equipped with necessary toilets, washrooms or lighting facilities.
(4) Applications may be referred by the Council to the Chief of Police for investigation and report prior to being acted upon by the Council.
(5) The Council shall act upon all dance license applications at a regular or special meeting thereof, whether or not it is included in the call or agenda of the meeting.
(6) At least one security person shall be present at every public dance during the entire time the dance is being held. Before any person may be employed as a security person, the Chief of Police shall conduct a background check of that individual and shall approve the employment of that person as a security person. The security person shall be employed and compensated by the individual or organization applying for the dance permit.
(7) The dance license shall be posted in the public dancing place and shall state the name of the licensee, the amount paid therefor, and the time and place licensed. The license shall also state that the licensee is responsible for the manner of conducting the dance.
(8) No license shall be issued to any applicant under the age of 18 years.
(E) Dance regulations.
(1) Obscenity and immorality prohibited. It is unlawful for any person to dance, or for a licensee to permit or suffer any person to dance at any public dance in an indecent or immodest manner. It is also unlawful for any person at a public dance to speak in a rude, boisterous, obscene or indecent manner or for any licensee to suffer or permit any person so to act or speak in any public dancing place.
(2) Illumination. Every public dancing place shall be brightly illuminated while in public use, and dancing therein while the lights are extinguished, dimmed or turned low so as to give imperfect illumination is prohibited.
(3) Certain persons prohibited. No licensee shall permit any unmarried person under the age of 16 years, unless the unmarried person is accompanied by his or her parent or guardian, to remain in a public dancing place. Nor shall any licensee permit any intoxicated person, or other person who persists in violating the law, to be or remain in a public dancing place.
(4) Hours of dancing. No public dance shall be held on any day between the hours of 1:00 a.m. and 6:00 a.m.
(2003 Code, § 6.31) (Ord. 32, passed 5-19-1991) Penalty, see § 10.99