A. Public Dances.
1. No individual(s), dancing club or dancing school shall conduct, permit, operate or assist in conducting or operating any public dance unless and until a written permit has been obtained from the chief of police and a license obtained from the director of finance.
2. No permit or license shall be issued for a public dance where alcoholic beverages are sold unless the place of business has seats at tables adequate to seat thirty (30) people, not counting stools at the bar or counter where alcoholic beverages are served, and has not less than one hundred twenty (120) square feet of floor space maintained in a smooth, safe condition for dancing.
3. This subsection shall not apply to any individual(s) or organization conducting a public dance in connection with a dinner when any alcoholic beverage is served by a caterer licensed to serve such alcoholic beverages.
B. Exemptions.
1. No permit or license shall be required for any dance conducted by school authorities or by the city recreation and parks department when such dance is conducted on property owned by such school system or the city.
2. Any public dance conducted by school authorities or by the recreation and parks department of the city shall be exempt licensing provisions of this chapter.
3. No permit or license shall be required for any public dance conducted by a bona fide fraternal organization, veterans organization, or other service or civic organization.
4. No permit or license shall be required for any private dance, dancing club or dancing school as defined in Section 5.40.010, except that dancing clubs and dancing schools shall pay the license fee prescribed by the licensing ordinance of the city for such businesses.
5. Any public dance conducted by a bona fide local organization where the entire proceeds of such dance are used for a charitable cause or are donated to a charitable organization, shall be exempt from the licensing provisions of this chapter. The director of finance shall conduct any investigation necessary to determine if any proposed dance meets the requirements specified herein. He/she shall be the sole judge as to the authenticity of such charity dance.
C. Revocation of Permit. In the event any individual(s) holding a permit under this chapter shall violate any of the provisions hereof, or shall permit or allow any illegal, improper or disorderly conduct in any public dancing place, the chief of police, or his/her duly authorized representative may revoke such permit on ten days written notice to the individual holding the permit.
D. Application. Every individual desiring a permit and license pursuant to this chapter shall file an application with the chief of police operations at least forty-eight (48) hours prior to the date of such dance upon a form to be provided by said chief of police, or his/her duly authorized representative, and shall pay any required license fee to the director of finance.
E. Issuance of Permit. No permit shall be issued by the chief of police except upon a reasonable showing.
F. Appeals. Any decision of the chief of police denying or revoking a dance permit or of the director of finance determining a proposed dance to be nonexempt from the licensing provisions of this chapter, may be appealed to the city council by filing a written notice for an appeal with the city clerk within ten days of such action. The city council shall hear such appeal at its next succeeding regular meeting. If such an appeal is taken from revocation of a permit, the revocation shall not be effective until after a decision upholding the revocation has been made by the city council. The decision of the city council on an appeal shall be final. (Ord. 9517 § 1 (part), 1995: prior code § 6501)