3-2A-1: APPLICABILITY: linklink

Any individual or group putting on performances, exhibitions, concerts or other entertainment activities for which a fee is charged, either to the public or to the hiring entity, including, but not limited to, musical aggregations, circuses, carnivals, rodeos, fight promoters, racing promoters, displays and exhibitions, live shows and entertainers of any kind, shall obtain a license. (2003 Code)

A. Required: All individuals or groups coming under this article shall pay a license fee in such amount as established by resolution of the city council for each twenty four (24) hour period during which they present a public performance, concert or exhibition. If the group to be entertained consists of more than three hundred (300) persons, based upon seating capacity, number of tickets sold, or any other reasonable criteria, the license fee shall be in such amount as established by resolution of the city council for each twenty four (24) hour period in which exhibitions, concerts or performances are presented.

B. Exemptions: No fee shall be required for the license issued to any person or group in this category which is raising funds exclusively for religious or charitable purposes. (2003 Code)

The applicant shall disclose to the license officer prior to the issuance of a license the exact location of the proposed exhibition, concert or performance, together with the number of admissions anticipated or available for sale. Permission shall then be given for inspection prior to the issuance of such business license to satisfy the license officer that the said location complies with all applicable laws and meets those standards of public health, safety and general welfare which are deemed necessary in light of the potential number of spectators and type of performance. Such inspection shall include, but notbe limited to, seating, lighting, ventilation, exits, parking and proximity of residences that could be affected. If applicable, inspection required hereby may extend to and include bleachers, ferris wheels and other temporary structures or equipment to be operated in connection with the exhibition, concert or performance. Further, if the business activity referred to herein extends over a period of more than one day, the rights of inspection conferred herein shall be made at reasonable intervals thereafter. The licensee shall provide at its own expense such private security as may be deemed necessary to properly enforce the provisions of this article or the ordinances of the city. The license officer may require information relative to the applicant's moral character, reputation, felony or misdemeanor convictions involving moral turpitude, and prior business experience, in addition to any other information normally required from an applicant. (2003 Code)
3-2A-4: PUBLIC DANCE HALLS: linklink

A. Defined: The term "public dance", as used in this section, shall include any dance to which admission is charged, directly or indirectly, including the sale of a service or product at a cost in excess of the competitive market value of such service or product, or the sale of a membership for which the primary benefit is admission to dances. Dances held in a tavern or restaurant shall be considered "public dances" for the purpose of this section when dancing is permitted or sponsored on such premises as an inducement to the public to utilize the restaurant or tavern facilities. All public dance halls shall be open at all times to the visit, inspection or supervision of any executive or peace officer of the city, and an application for license hereunder shall be deemed permission for any such officer to enter the premises to make reasonable inspection thereof.

B. Requirements: No license for a public dance hall shall be issued until the applicable requirements of section 3-2A-3 of this article have been complied with, and the location of the dance hall shall have been approved by the city council. Compliance with the following requirements shall be conditions of such license:

1. It shall be unlawful for any person maintaining a public dance hall, or having control thereof, to permit any dance or dancing or the playing of music for a public dance between the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. of the following day, except for Sunday when the same shall not be permitted between the hour of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. the following Monday.

2. Any person leaving the dance hall shall be required to pay the regular admission fee in order to regain readmittance again to the same dance.

3. Unnecessary loud playing, use or operation of any radio,musical instrument, band, audio equipment or other device for the production or reproduction of sound for dancing purposes shall be unlawful, and such musical sounds shall be considered unnecessarily loud if they can be heard distinctly more than one hundred feet (100') from the building or structure wherein the dance is operated. It shall be prima facie evidence of a violation of the noise standard if all or any portion of the music sounds, such as the bass rhythm, can be heard distinctly outside the said distance limit.

4. It shall be unlawful for any person maintaining or having control of a public dance hall to allow or permit an intoxicated or disorderly person to enter, be upon, or remain within, such hall. The licensee shall be required to provide adequate security personnel at all times the dance hall is open to the public, and such personnel shall be over the age of twenty one (21) years and shall not have been convicted of an offense involving alcohol or moral turpitude during the period of such employment or within two (2) years prior to their employment. Persons employed as such security personnel shall either be private security officers licensed by the state or shall be approved by the chief of police. (Ord. 5-1-1990, 5-10-1990)