Oceanside Municipal Code Ch. 10 Dances and Dance Halls

Footnotes:

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Cross reference— Minors generally, Ch. 16.

A public dance, within the meaning of this chapter, is any dance not held in a private home or residence whether or not admission is charged by any method whatsoever. Provided, however, that any dance sponsored by, or held within any building of, a public school, college or other recognized institution of learning shall not be construed to constitute a public dance.

(Ord. Code, § 2212; Ord. No. 68-29, § 2)

No person shall sponsor, conduct, manage, control or hold a public dance unless a permit therefor has been issued in conformity with the provisions of this chapter.

(Ord. Code, §§ 2212, 2213; Ord. No. 68-29, § 2)

Each applicant for a permit to conduct a public dance shall state the name of the applicant, the place where the dance is to be conducted, the hours during which it is to be conducted, and shall distinctly state whether such application is made to conduct a single dance, a series of dances, or for a specific period of time in which dances may be held.

Upon receipt of each application, it shall be the duty of the chief of police to conduct such investigation as he may deem necessary to determine the truth of the matters set forth in the application, the character of the applicant, the character of the premises proposed to be occupied, and any other matters which the chief of police may deem pertinent or essential for the public welfare of the community; and the chief of police shall recommend to the city manager whether or not such permit should be issued as requested, or as modified by the chief of police.

The city manager, if he concurs in the recommendation of the chief of police, shall endorse his recommendation on the report, and thereupon the chief of police shall issue or refuse such permit, and if the permit is issued, then the applicant shall employ a person to maintain order at such dance, and the person employed shall be approved by the chief of police.

Should the city manager disagree with the chief of police as to whether or not a dance permit should be issued, then the decision of the city manager shall prevail.

The provisions of this and the preceding section shall not apply to dancing that is conducted in a bona fide club, the term "club" as used herein being defined as meaning and including only corporations and associations created by competent authority which are the owners, lessees or occupants of premises operated solely for objects of national, social, fraternal, patriotic, political or athletic nature, membership in which is by application, and for which regular dues are charged, and the advantages of which club belong to all the members, and the operation of which is not primarily for pecuniary gain.

Any restaurant, night club or other place whose principal business is the sale of food or beverage which has dancing facilities and does permit dancing to take place therein shall be required to obtain a permit in accordance with this section. However, such permit shall be valid indefinitely until revoked by the chief of police or city manager for good and sufficient cause, including but not limited to, loud and objectionable noises, the permitting of minors to frequent the area and the failure to exercise proper control over the dancing function. Any such revocation by the chief of police or city manager shall be subject to appeal to the city council, who may hear the matter as a regular item at its regular council meeting without public notice of any type and the city council may approve, revoke or modify the action taken by the chief of police or city manager.

(Ord. Code, §§ 2212, 2213; Ord. No. 68-29, § 3)

No owner, proprietor, manager or person in charge of any public dance hall or public dance, or any employee of such place after the hours of 9:00 p.m. of any day, shall admit, receive or permit to be or to remain in or about such place, any minor under the age of fifteen (15) years, unless and except such minor person be accompanied by one or both of his parents, or a female chaperone authorized by one or both of his parents.

(Ord. Code, § 2214)

No minor person under the age of fifteen (15) years shall, after the hours of 9:00 p.m., be or remain in or about any public dance hall or public dance, in the city, unless such person shall be accompanied by one or both of his parents, or a female chaperone so authorized by one or both of the parents.

(Ord. Code, § 2215)