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(a) Dance establishments, night clubs and live entertainment.
(1) Any special use permit requested for a dance establishment, nightclub or live entertainment may be denied or revoked due to:
(i) The applicant or person operating the use has, by reason of past activities, demonstrated a lack of good moral character, as referred to in Chapter 5 of Title 5 of this Code; or
(ii) The Chief of Police has recommended denial based upon information of fraud in the application or lack of good moral character discovered during review of the application and subsequent investigation.
(2) Any special use permit requested for a dance establishment, nightclub or live entertainment may be conditioned as follows:
(i) Operations/periodic review. Imposing of age limitations on patrons and age-monitoring step in order to regulate those attending or prohibit teen or minor’s dances. The City may limit the hours and days of operation. The city may require the special use permit to be reviewed on periodic basis.
(ii) Required security and supervision.
(aa) Entertainment/dances. Any dancing or live entertainment use shall provide sufficient security personnel to maintain order, ensure adequate traffic control, crowd protection and security and to enforce the rules and the provisions of the permit and this Code. Security shall also be required inside and outside the premises, including the parking areas which serve these establishments. The number of law enforcement officers or licensed security personnel shall be equal to one per one hundred (100) persons or fraction thereof of the capacity of the establishment as determined by the fire department. At any time the Chief of Police determines that the use is resulting in an increased demand for police services, the Chief may require additional security be provided.
(ab) Minor’s dances. In addition to the required law enforcement officers or licensed security personnel, minor’s dances shall also require the presence of adult supervisors. The number of adult supervisors present at a minor’s dance shall not be less than two supervisors or one supervisor per fifty (50) minors or fraction thereof in attendance, whichever is greater. Adult supervisors and licensed security personnel shall not dance or engage in any activities which will detract from their ability to fulfill the primary responsibility of supervision, enforcement of rules, monitoring of entrances and parking lots, and the like.
A. Other conditions for minor’s dances.
1. Alcohol. It shall be unlawful to bring, sell, consume, or make available any alcoholic beverage on the premises or parking area in or about which any minor’s dance is held. Admission to a minor’s dance shall be denied to any person showing evidence of drinking any alcoholic beverage or who has any alcoholic beverage on his person.
2. Leaving and reentering. No participant admitted to a minor’s dance shall be permitted to
leave and re-enter without payment of the full admission fee. No pass-out checks shall be issued, unless required by the physical arrangement of the premises.
3. Posting of rules and permit. At least one copy of the house rules shall be posted in a conspicuous location inside and outside the place where the dance is held, so that those attending the dance may read them. Additionally, at least one copy of the duly issued permit shall be posted in a conspicuous location inside the place where the dancing or live entertainment is held.
4. Telephones. Dancing establishments, establishments providing live entertainment and nightclubs shall provide at least one pay telephone for use by patrons, and shall have at least one private telephone for use by the operators of the establishment.
5. Inspections. Police officers, code enforcement officers, and fire department personnel shall be admitted to all establishments conducting live entertainment, nightclubs, dancing establishments and minor’s dances without an admission charge, for the purposes of inspection, at any time during the operating hours of such an operation.
6. Noise. Require construction of sound attenuation devices or walls or operation conditions for purpose of noise mitigation measures. No person in charge of a public or minor’s dance, nightclub, dancing establishment, or any place where live entertainment may occur shall permit the noise level of the attendees, music, or entertainment to reach a level which may be heard by residences, hospitals, convalescent hospitals, hotels, motels, or other noise sensitive uses.
7. Trash. Require applicant or operator to be responsible for immediate cleanup any trash or litter left on or within a defined radius of the premises within a specified time period.
8. Other conditions. Such other conditions as the City deems necessary for the safe, quiet, compatible, and nuisance free operation of the use or establishment.
9. Revocation. Should an unusual level of activity involving excessive noise, unruly or violent behavior, violations of this code restricting alcoholic beverages, violations of any conditions of the permit or violations of relevant State codes involving the use or sale of illicit drugs, become apparent to the police department, a police representative will contact the Community Development Director who may initiate revocation proceedings or additional conditions designed to mitigate ongoing problems.
(§ 18, Ord. 1187-NS, eff. October 5, 1993)