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Ceres City Zoning Code

CHAPTER 42

DANCING

18.42.010 - Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings as set forth herein:

Known: When used in connection with the words "prostitute" or "male or female procurer" or "vagrant" means and includes known to the manager, owner, or lessee of the dance hall, or to the person conducting a dance, or to the police or other authorities having to do with the regulation or supervision of public dance halls, or public dances, to be one of the persons named, or who has such reputation or character, or one who has pleaded guilty to or has been convicted of being a prostitute, male or female procurer, or vagrant;

Person: Includes natural persons, copartnerships, corporations, and associations and shall include both sexes.

Public dance: Includes any dance to which the general public may gain admission with or without the payment of a fee;

Public dance hall: Includes any room, place or space in which a public dance as defined under the definition of "public dance" herein is conducted.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.020 - Permit required.

It is unlawful to maintain, operate or conduct a public dance hall as defined herein within the limits of the City until the person owning or conducting the dance hall, or other place in which it may be held, shall first have obtained a written permit therefor as hereinafter provided. It is further unlawful to hold or conduct a public dance in a place other than a public dance hall for which a permit has been obtained, unless the person holding or conducting such dance shall apply for a written permit as hereinafter provided.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.030 - Application for dance hall permit.

Applications for a permit to keep and conduct a public dance hall shall be on forms supplied by the City Clerk and shall be substantially as follows:

APPLICATION FOR PERMIT TO CONDUCT A PUBLIC DANCE HALL

_______, 20___

The undersigned hereby makes application for a permit to keep and conduct a public dance hall at _______, in the City of Ceres, County of Stanislaus, State of California, from date of issuance of permit to and including _______, 20___.

It is hereby expressly agreed that in the event that this permit shall be issued, that said dance hall shall be conducted in strict accord with the provisions of law regulating public dance halls, and the undersigned agrees that the permit is given and accepted subject to the provisions of this application, and that he or she shall be held responsible for violation of any provision of law or ordinance regulating public dance halls.

There are _______ square feet of dancing space in said hall.

The undersigned is the proprietor of the hall located at the above address in which hall an application for keeping and conducting a public dance hall is hereby made.

___________
Signature of Applicant

___________
Post Office Address of Applicant

The foregoing application is approved and the number of attendants required to be present when said dance hall is open to the public is _______.

___________
Chief of Police of the City of Ceres

The foregoing application is approved and permit issued this _______ day of _______, 20___.

___________
City Clerk of the City of Ceres

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.040 - Application for permit to conduct dance.

Application for a permit to conduct a public dance as defined herein shall be upon forms supplied by the City Clerk and shall be substantially as follows:

APPLICATION FOR PERMIT TO CONDUCT A PUBLIC DANCE

_______, 20___.

The undersigned hereby makes application for a permit to give a public dance at City of Ceres, in the County of Stanislaus, State of California, from date of issuance of this permit, to be held on the _______ day of _______, 20___. It is hereby expressly agreed that said dance shall be conducted in strict accord with the provisions of law regulating public dances and the undersigned agrees that the permit is given and accepted subject to the provisions of this application and that he shall be held responsible for any violation of any provisions of law or ordinance regulating any public dance.

The owner or lessee of the premises in which such dances are to be held is

___________
(Name)

___________
(Occupation)

___________
Signature of the Applicant

___________
Post Office Address of Applicant

The foregoing application is approved and the number of attendants required to be present when said dance hall is open to the public is _______.

___________
Chief of Police of the City of Ceres

The foregoing application is approved and permit issued this _______ day of _______, 20___.

___________
City Clerk of the City of Ceres

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.050 - Investigation; permit procedure.

Upon receiving such application, the City Clerk shall refer the same to the Chief of Police for investigation, who may refer the application to the building official, fire marshal, or such other agents as may be appropriate, as to whether or not the place for which permit is asked complies with and conforms to all laws, ordinances, health and fire regulations applicable thereto, and is properly ventilated and supplied with separate and sufficient toilet conveniences for each sex within the building in which the dance is to be conducted and is a safe and proper place for the purpose for which it shall be used, and as to the moral character of the applicant. The Chief of Police shall report thereon immediately to the City Clerk. The City Clerk shall thereupon grant or refuse the permit.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.060 - Revocation of permit.

All permits provided for in this chapter shall be granted and accepted with the express understanding and agreement that the City Council may revoke them at any time if any of their terms or conditions were obtained by fraudulent representations or it is shown to the satisfaction of the Council that the dance or place is conducted in an unlawful manner, or that it is detrimental to the social peace or public morale of the community; provided, however, that the holder of the permit may appear before the Council in his own behalf, but the Council shall be the judge of the sufficiency of the charges or of what is detrimental to the social peace and public morals, and the decision of the Council thereon shall be final and conclusive.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.070 - Compliance with chapter required.

All permits as provided herein shall be granted and accepted upon the further understanding and agreement that all the terms, provisions, and regulations contained in this chapter, as it now is or may hereafter be amended, shall be fully complied with.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.080 - Denial of permit; appeal hearing.

In the event that the City Clerk shall refuse to issue any such permit for a public dance hall or the holding of a public dance, the applicant may appeal to the City Council, who shall after hearing grant or deny the issuance of the permit applied for.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.090 - Permit time limit; renewal after revocation.

All permits granted hereunder shall be good for the date or until the time specified in the permit, not exceeding one year. It shall not be assignable. If the permits as provided for in this chapter shall be revoked by the City Council, no new permit shall be granted to such person or to any person who was an agent or employee of such person at the time of any violation of this chapter, or at the time of the application for a new permit.

It is unlawful for any person to whom a public dance hall permit is issued or for any person conducting a public dance hall under permit from the City Clerk or any person who is conducting any dance or dance hall within the City, to allow or permit in any dance hall any indecent act to be committed, or any vulgar dancing to be indulged in, or any disorder, or conduct of a gross, vulgar or violent character, or to permit in any such dance hall any known prostitute, pimp or procurer.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.100 - Vulgar conduct, prostitute prohibited; police authority.

Any member of the Police Department, or other properly constituted authority, shall be admitted free of charge to any public dance hall in the City and they shall have the power and it shall be the duty of each of them, to cause any dance hall to be vacated whenever any provisions of this chapter, or of any ordinance, regulation or law concerning dance halls has been or is being violated; or whenever any indecent act shall be committed, or any vulgar dance indulged in or when any disorder or conduct of a gross, violent or vulgar character shall take place therein, or any known prostitute, pimp or procurer shall be found to be present in such place.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.110 - Closing time.

All dances shall be stopped and discontinued and all public dance halls shall be closed at 2:00 a.m.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.120 - Attendant requirements.

Every person who conducts a public dance hall or place where dancing is permitted, shall at all times maintain and keep one or more attendants who shall be present at all times when the dance hall or place is opened to the public and when a public dance is being conducted therein. It shall be such attendant's duty to see that the provisions of this chapter relating to the conduct of the persons attending the dance hall are enforced. The attendants shall be approved from time to time by the Chief of Police, and no public dance shall be conducted without the presence of the attendant. The compensation of the attendant shall be paid by the person conducting, owning or managing the dance hall.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.42.130 - Permit revocation; limit before renewal.

If at any time the permit for a public dance hall shall be revoked for a violation of the provisions of this chapter, then in that event at least three months shall elapse before another permit shall be granted to the manager, owner or lessee of such premises.

(Ord. No. 2020-1059, § 1, 3-23-2020)