(A) Definitions.
ADULT DANCE HALL. Any dance hall whose patrons or admittees may be 18 years of age or older.
BUSINESS TAX RECEIPT DIVISION. The Business Tax Receipt Division of the Zoning Department of the city.
APPLICANT. An individual, or, all individuals who have a 20% or greater interest in any partnership, corporation, association, legal entity, or other group seeking to operate a dance hall and who sign an application to do so.
CONVICTION or CONVICTED. The finding of guilt or a plea of guilty or nolo contendre for a violation of a municipal or county ordinance or state or federal law, whether adjudication is withheld or there is an adjudication
of guilt, or, the forfeiture of a bond or bail when charged with a violation of a municipal or county ordinance or state or federal law.
DANCE HALL. Any place, area or property operated as open to the public which:
(1) Plays or provides music, either performed live or recorded music which is electronically produced or reproduced, or plays music transmitted from any other source;
(2) Has space or equipment available for dancing or dancing is permitted whether such dancing takes place or not, with dancing as the main use of, or purpose for, the establishment;
(3) Allows admission by payment of a direct or indirect charge, fee, donation, or any form of consideration, or by the purchase, possession or presentation of a ticket or token;
(4) Is not licensed for the sale or distribution of alcoholic beverages, or licensed for the consumption of alcoholic beverages on the premises, or the storage of alcoholic beverages for consumption;
(5) Has obtained approval as a dance hall from the city’s Development Services Department to operate or conduct business in its current location.
Notwithstanding the foregoing, a DANCE HALL as defined herein, does not include:
(a) A private residence or residential facility from which the general public is excluded;
(b) A place owned and operated by the federal, state, or local government;
(c) A public or private elementary school, secondary school, college, or university;
(d) A place owned and operated by a bona fide religious organization, created, organized, existing and recognized as such pursuant to all applicable laws; or
(e) A sexually oriented business as defined in Chapter 155, lawfully established, existing, permitted and regulated under the provisions of this code, during such hours of the day as said establishment is being lawfully and principally operated as a sexually oriented business.
(f) A dance school, studio, or aerobic studio, whose primary purpose is dance instruction or exercise, and where alcoholic beverages are not sold, distributed, consumed, or stored for consumption on the premises.
DANCE HALL REGULATIONS. The regulations set forth in this section.
EMPLOYEE. Any person employed by, or who performs services for, or acts on behalf of, the permittee, dance hall or its patrons, on the dance hall premises, whether paid wages, salary or a volunteer.
JUVENILE DANCE HALL. Any dance hall whose patrons or admittees may be 17 years of age or younger.
KNOWINGLY. With actual knowledge of a specific fact or facts, or with reasonable inquiry a reasonable person should have known a specific fact or facts.
PERMIT OR DANCE HALL PERMIT. A permit to operate a dance hall.
PERMITTEE. A person in whose name a permit to operate a dance hall has been issued, as well as the individual listed as an applicant on the application for a dance hall permit.
(B) Permit required; application for permit.
(1) No person may operate a dance hall without a permit.
(2) A notarized application for a permit shall be made on a form provided by the Business Tax Receipt Division. The applicant must be qualified according to the provisions of this section.
(3) The applicant shall indicate whether the application is for a juvenile dance hall or adult dance hall.
(4) A person who wishes to operate a dance hall shall sign the application for a permit as applicant. If a person who wishes to operate a dance hall is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a permit as an applicant. Each applicant must meet the requirement of subsection (C), and each applicant shall be considered a permittee if a permit is granted.
(C) Requirements for issuance of permit; posting.
(1) The Business Tax Receipt Division shall approve issuance of a dance hall permit within 60 days after receipt of a completed application unless the Business Tax Receipt Division finds one or more of the following to be true:
(a) An applicant is under 18 years of age.
(b) An applicant has failed to answer or falsely answered a question(s) or request for information on the application provided.
(c) An applicant has been convicted of a violation of any dance hall regulations within two years immediately preceding the application.
(d) An applicant has failed to obtain certification from the city’s Fire Marshal that the dance hall complies with all applicable provisions of the Fire Code of Jurisdiction, relative to places of assembly, including, but not limited to, maximum permitted occupancy load.
(e) An applicant has failed to obtain certification from the city’s Zoning Director that the dance hall complies with all applicable provisions of the Zoning Code, including but not limited to parking.
(f) An applicant has failed to obtain certification from the city’s Building Official that the dance hall complies with all applicable provisions of the Building Code of Jurisdiction.
(g) An applicant has been convicted of a crime involving:
1. Any felony;
2. Any misdemeanor offense of F.S. Ch. 561, Beverage Law: Administration; Ch. 562, Beverage Law: Enforcement; Ch. 784, Assault; battery; culpable negligence; Ch. 787, Kidnapping; false imprisonment; luring or enticing a child; custody offenses; Ch. 790, Weapons and firearms; Ch. 794, Sexual battery; Ch. 800, Lewdness; indecent exposure; Ch. 812, Theft, robbery and related crimes; Ch. 827, Abuse of children, Ch. 837, Perjury, Ch. 856, Drunkenness; open house parties; loitering; prowling; desertion; Ch. 859, Poisons; adulterated drugs; Ch. 870, Affrays; riots; routs; unlawful assemblies; Ch. 874, Street terrorism enforcement and prevention; Ch. 877, Miscellaneous crimes, and Ch. 893, Drug abuse prevention and control, as said chapters currently exist or may be amended from time to time;
3. Any violation of comparable dance hall regulations of any other city, county, state or government;
4. For which less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
5. For which less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction whichever is the later date, if the conviction is of a felony offense; or
6. For which less than five years have elapsed since the date of the last conviction or the date of release from confinement for last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses.
(2) The fact that a conviction is being appealed has no effect on the disqualifications of the applicant under the above subdivisions.
(3) An applicant who has been convicted of an offense listed in subsection (C)(1)(g) may qualify for a dance hall permit only when the time period required by subsection (C)(1)(g)4., 5. and 6. has elapsed.
(4) The application shall be reviewed by the Police Department, Fire Department, Business Tax Receipt Division, Zoning Department, and the Building Department for compliance with the provisions of this section. Review shall be conducted by the Fire Marshal and Department of Development Services within 30 days from the receipt of the application by the Business Tax Receipt Division and their comments forwarded to the Chief of Police for consideration in issuance of the permit in accordance with the provisions hereof.
(5) The Business Tax Receipt Division, upon approving issuance of a dance hall permit, shall send to the applicant by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the permit fee and obtain the permit. The Business Tax Receipt Division’s approval of the issuance of a permit does not authorize the applicant to operate a dance hall until the applicant has paid all fees required by this chapter and obtained possession of the permit.
(6) The permit shall state on its face the name of the person to whom it is granted, the expiration date, the address of the dance hall, and whether it is issued for a juvenile dance hall or adult dance hall.
(7) The permit must be posted in a conspicuous place at or near the entrance to the dance hall so that it may be easily read at any time.
(D) Fees. The City Commission may establish non- refundable fees for the city to review the contents of a dance hall permit application and for each permit issued under the terms of this chapter.
(E) Persons under 18 prohibited in adult dance hall.
(1) No person under the age of 18 years may enter an adult dance hall unless accompanied by a parent or guardian.
(2) No person shall falsely represent himself to be either a parent or guardian of another person under the age of 18 years for the purpose of gaining the other person’s admission into an adult dance hall.
(3) No permittee or employee of an adult dance hall shall knowingly allow a person under the age of 18 years to enter or remain on the premises of an adult dance hall.
(4) No permittee of an adult dance hall shall maintain or operate the premises without posting a sign at each entrance to the business that reads: “It is unlawful for any person under eighteen (18) years of age to enter this premises without a parent or guardian.”
(F) Persons age 18 and over prohibited in juvenile dance hall.
(1) No person age 18 and over may enter a juvenile dance hall.
(2) No person shall falsely represent himself to be under age 18 for the purpose of gaining admission to a juvenile dance hall.
(3) No permittee or employee of a juvenile dance hall shall knowingly allow a person age 18 or over to enter or remain on the premises of the juvenile dance hall.
(4) No permittee of a juvenile dance hall shall maintain or operate the premises without posting a conspicuous sign at the entrance to the business that reads: “It is unlawful for any person age eighteen (18) or over to enter this premises”.
(5) It is a defense to prosecution under subsections (1) and (2) that the person is:
(a) A permittee or employee of the dance hall;
(b) A parent or guardian of a person inside the dance hall; or
(c) A governmental employee in the performance of official duties.
(G) Hours of operation.
(1) No person shall operate a juvenile dance hall during any hours other than 4:00 p.m. to 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, and from 4:00 p.m. on Friday to 12:01 a.m. of the following day, and from 1:00 p.m. Saturday to 12:01 a.m. of the following day.
(2) No person shall operate an adult dance hall during any hours other than 1:00 p.m. to 2:00 a.m. of the following day.
(H) Public safety.
(1) Security. The following security shall be provided at all dance halls:
(a) Exterior security officers consisting of off-duty (extra-duty detail) sworn law enforcement officers of a number as determined appropriate by the city’s law enforcement agency. One exterior security officer may be permitted in the event two immediately adjacent establishments mutually utilize the same officer, and said arrangement is approved by the law enforcement agency assigning said officers. Exterior security officers shall only be required if the number of occupants exceeds 50.
(b) When required, exterior security personnel shall be provided seven days a week.
(2) Fire. No person shall operate a dance hall in violation of any applicable provisions of the Fire Code of Jurisdiction.
(I) Zoning Code.
(1) No person shall operate a dance hall in violation of any applicable provisions of Chapter 155, the city’s Zoning Code.
(2) No person shall operate a dance hall without obtaining approval from the city’s Zoning Department to operate or conduct business at any location within the city.
(J) Dance hall supervisor.
(1) A person who operates a dance hall shall designate a person as the dance hall supervisor and shall register that supervisor’s name with the Business Tax Receipt Division.
(2) The person designated as the dance hall supervisor shall comply with all requirements of this section.
(3) The person designated dance hall supervisor shall remain on the premises of the dance hall during all hours of operation and until 30 minutes after closing to ensure that the operation is conducted in accordance with all dance hall regulations hereof.
(K) Inspection.
(1) Application for, and issuance of, any dance hall permit shall constitute consent by the permittee for representatives of the city to enter and inspect the premises of the dance hall at any time it is open for business or occupied for the purpose of verifying compliance with the law.
(2) No person who operates a dance hall or a person designated as the dance hall supervisor shall refuse to permit a lawful inspection of the premises of a dance hall by a representative of the city at any time it is open for business or occupied.
(L) Expiration of permit.
(1) A permit for a dance hall expires one year from the date of issuance. A permit may be renewed only by making application as provided in subsection (B). Application for renewal should be made at least 60 days before the expiration date, and when made less than 60 days before the expiration date, the expiration of the permit will not be affected by the pendency of the application.
(2) If the Business Tax Receipt Division denies renewal of a permit, the applicant may not be issued any dance hall permit for one year from the date denial becomes final. If, subsequent to denial, the Chief of Police finds that the basis for denial of the renewal permit has been corrected or abated, the applicant may be granted a permit if at least 90 days have elapsed since the date denial becomes final.
(M) Suspension. The Business Tax Receipt Division shall suspend a dance hall permit for a period of time not exceeding 60 days if it determines that a permittee or any employee of a permittee has committed any one or more of the following acts:
(1) Violated any provisions of the dance hall regulations in this section.
(2) Engaged in the use of alcoholic beverages on the dance hall premises.
(3) Refused to allow an inspection of the dance hall premises so authorized in this division.
(4) Knowingly permitted an intoxicated person to remain on the premises.
(5) Knowingly permitted gambling by any person on the dance hall premises.
(6) Knowingly permitted or facilitated the possession, consumption, distribution, sale or storage for consumption of an alcoholic beverage on the premises of a dance hall.
(7) Engaged in the use of unlawful drugs or controlled substances on the dance hall premises.
(8) Knowingly permitted or facilitated the possession, use, distribution, or sale of unlawful drugs or controlled substances on the dance hall premises.
(9) Violated any noise disturbance provision of the Code of Ordinances after having been warned previously to correct any such disturbance on at least one prior occasion.
(N) Revocation.
(1) The Business Tax Receipt Division shall revoke a permit if a cause of suspension under subsection (M) occurs and the permit has been previously suspended within the preceding 12 months.
(2) The Business Tax Receipt Division hall revoke a permit if the city determined that one or more of the following is true:
(a) A permittee has given false or misleading information in the material submitted during the application process.
(b) A permittee or an employee has knowingly allowed or facilitated the possession, use, distribution, or sale of controlled substances or any derivative thereof on the premises. After issuance of the permit, the premises is or has been the site of a violation of Chapter 110 of the Pompano Beach Code of Ordinances, or of Sections 133.11, 130.01, Pompano Beach Code of Ordinances or of any provision of F.S. Chapters 561 or 562, or any successor state statutes or other regulations, involving the possession of alcohol by persons or unlawful sale or distribution of alcohol by persons.
(c) A permittee or an employee knowingly permitted dancing or a live performance during a period of time when the dance hall permit was suspended.
(d) A permittee has been:
1. Convicted of an offense listed in subsection (C)(1)(g) for which the time period required in subsection (C)(1)(g)4., 5. and 6. has not elapsed; or
2. Convicted of or is under indictment or prosecution for any felony offense while holding a dance hall permit.
(e) While an employee of the dance hall, and while on the permitted premises, a person has committed an offense listed in subsection (C)(1)(g), for which a conviction has been obtained, two or more times within a 12 month period.
(f) The fact that a conviction is being appealed shall have no effect on the revocation of the permit.
(g) When the Business Tax Receipt Division revokes a permit, the revocation will continue for one year, and the permittee may not be issued any dance hall permit for one year from the date revocation became final.
(h) The dance hall has been the site of more than one noise disturbance in violation of the Pompano Beach Code of Ordinances within any 30 day period, resulting in prosecution of said violations in Broward County Court or in the initiation of any other action or proceedings by the city to prevent, correct, restrain, or abate further such noise disturbances.
(O) Appeals. If the Business Tax Receipt Division denies the issuance or renewal of a permit, suspends or revokes a permit, it shall send to the applicant or permittee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. The aggrieved party (applicant or permittee only) may appeal the decision of the Business Tax Receipt Division to the City Commission in accordance with the following procedures. The filing of an appeal stays the action of the Business Tax Receipt Division in suspending or revoking a permit until the city makes a final decision.
(1) The aggrieved party may, not later than ten calendar days after receiving notice of the denial, suspension or revocation, file with the City Clerk a written request for an appeals hearing before the City Commission.
(2) If a written request if filed under subdivision (a) hereof with the City Clerk within the ten day limit, the city shall consider the request. The City Clerk shall set a date for the hearing within 30 days from the date the written request is received.
(3) The City Commission shall hear and consider evidence offered by any interested person to determine whether the Business Tax Receipt Division properly denied issuance or renewal, or properly suspended or revoked the permit in accordance with the provisions of this division. The formal rules of evidence do not apply.
(4) The City Commission shall grant or deny the appeal by majority vote. Failure to reach a majority vote will result in denial of the appeal. Any dispute of fact must be decided on the basis of a preponderance of the evidence. The decision of the city is final.
(5) If the City Commission denies the appeal, the aggrieved party may not re-apply until at least 12 months have elapsed since the date of the commission’s action.
(P) Transfer of permit. A permittee shall not transfer a permit to another person, nor shall a permittee operate a dance hall under the authority of a permit at any place other than the address designated in the application.
(Q) Possession/consumption of alcoholic beverages by persons under age. No person may possess, and no dance hall shall permit to be possessed or consumed on the premises, alcoholic beverages by persons who are under age, in violation of F.S. § 562.111, or any successor statute, or in violation of Chapter 110, Pompano Beach Code of Ordinances, or § 133.11 of the Pompano Beach Code of Ordinances.
(R) Penalties and remedies. A person who operates, causes, enables, or permits to be operated a dance hall without a valid permit or in violation of any provision of this section shall be subject to the following penalties and/or remedies:
(1) Each violation of this section is punishable by up to a $500 fine, up to 60 days in jail, or both, as provided in § 10.99, Pompano Beach Code of Ordinances.
(2) Each day’s violation of any provision of this section shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.
(3) In addition to the penalties and remedies above, the city may institute any appropriate action or proceedings to prevent, restrain, correct or abate a violation of this chapter, as provided by law.
(Ord. 2001-16, passed 11-28-00; Am. Ord. 2007- 57, passed 7-10-07; Am. Ord. 2013-35, passed 1-8-13) Penalty, see § 10.99