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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER III. PUBLIC DANCES*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER III.
PUBLIC DANCES*

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Editor's note--Section 1 of Ord. No. NS-502.6, enacted Oct. 21, 1986, repealed former Ch. III, §§ B3-34--B3-50, and § 2 of the ordinance enacted, in lieu thereof, a new Ch. III as herein set forth. The repealed provisions, which also pertained to public dances, derived from §§ 5.1.3-1--5.1.3.14 of the 1954 Code, as amended by Ord. No. NS-502.2, enacted Sept. 4. 1962; Ord. No. NS-502.3, enacted March 24, 1981; Ord. No. NS-502.4, enacted May 19, 1981; and Ord. No. NS-502.5, enacted March 19, 1985. Subsequently, Ord. No. NS-502.7, § 1, adopted Sept. 14, 2004, amended Ch. III, in its entirety, to read as herein set out in §§ B3-34--B3-48. Prior to inclusion of said ordinance, Ch. III pertained to similar subject matter. See also the Code Comparative Table.

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Sec. B3-34. Definitions.

For the purposes of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section.

(a) Public dance means any dance to which the general public is admitted upon the payment of any fee or charge of admission whatsoever, or for which tickets, invitations or other admission devices are sold or offered for sale, or which is given or conducted in connection with the sale of food in restaurants, taverns, cafes or hotel dining rooms to which the general public is admitted, or given or conducted in connection with the provisions of other amusement or entertainment for profit. Excluded are dances conducted by schools, educational, social, fraternal, religious or charitable organizations if such dances are not open to the general public and dance exhibitions or performances.

(b) Public dance hall means any hall, room or place in which a public dance is held.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-35. License required.

No person, partnership, association, corporation or other entity shall give or conduct a public dance in the unincorporated area of the County without first obtaining a license from the Zoning Administrator.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-36. Classification of licenses.

Dance licenses shall be classified as follows:

Class "A"--Regularly scheduled dances: Licenses authorizing the conducting of two or more public dances on a regularly scheduled basis in specifically designated locations open to the general public for such dance purposes.

Class "B"--Single event dances: Licenses authorizing the conducting of public dances, other than those covered by Class "A" hereunder.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-37. Application for license or renewal.

A written application for a license required by this chapter and any renewal thereof shall be filed with the Planning Office at least 60 days prior to the proposed date of the first dance or expiration of a current license. The Zoning Administrator may, depending upon unusual circumstances and in compliance with all required notice requirements, waive the application time limits and accelerate the process set forth herein. The application shall be accompanied by an application fee in an amount established by resolution of the Board of Supervisors. Such application shall contain all of the following:

(a) The full name, present address, telephone number, birthdate and driver's license number of the applicant, and if the applicant is a partnership or other association, the names, addresses, telephone numbers, birthdates and driver's license numbers of the managing partners thereof, and if the applicant is a corporation, the names, addresses, telephone numbers, birthdates and driver's license numbers of the officers and directors thereof. The address and telephone number of the principal place of business of the applicant shall also be included in the application.

(b) The number, dates, and hours of the dances to be held under the license.

(d) A statement that the applicant either:

(1) Owns the premises on which the dance or dances shall be conducted; or

(2) Leases such premises, in which event the name, address and telephone number of the owner of the premises and a copy of the lease shall be provided.

(e) Any further information as may be required by the Zoning Administrator.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-38. Summary license issuance.

Upon the filing of a complete application and payment of the license fee, the Planning Office shall refer the application to the Zoning Administrator. The Zoning Administrator shall either approve the application and issue the license, or notify the applicant that a referral and public hearing pursuant to Section B3-39 is required. A public hearing is required when the Zoning Administrator, on the basis of the complete application and supporting documentation, cannot determine with reasonable certainty all of the following:

(a) That the applicant is fit to possess a license; and,

(b) That the proposed dance will not pose a health or safety threat; and

(c) That the dance and associated activities will not create a substantial negative impact upon the surrounding neighborhood.

If a dance license is summarily approved under this section, the license may contain restrictions and conditions pursuant to Section B3-40(d).

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-39. Referral, notice and hearing.

(a) If a public hearing is required, the Planning Office shall refer the application to the Sheriff, the Department of Environmental Health with respect to health and sanitary conditions, the Building Official and Fire Marshal with respect to fire hazard and life safety, and to any other persons, entities or agencies deemed appropriate for their investigation and recommendation.

(b) The Zoning Administrator shall set the time and place for public hearing on each application for a dance license, which hearing shall be held no later than 45 days following a determination that the application is complete. Notice of the hearing shall be mailed at least ten days prior to the hearing to the applicant on the address provided on the application, the property owner if the premises are not owned by the applicant, all owners of real property located within 300 feet of the premises where the dance is proposed to be conducted, and any other person who has filed a written request for notice.

(c) Each applicant and any other interested person shall have the opportunity to review all records, papers, files and any other evidence relating to the application for a dance license, except background information on individuals, at least five days prior to the time set for public hearing on such application.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-40. Action by the Zoning Administrator.

(a) At the time and place set for public hearing on the application for a dance license or renewal thereof, the Zoning Administrator shall consider the recommendations of the Sheriff and the County officials investigating the license pursuant to Section B3-39(a) and all records, papers, files and any other relevant evidence. The Zoning Administrator shall either continue the hearing, hold the matter under advisement, or render a decision granting or denying the license.

(b) The Zoning Administrator may refuse to issue a dance license or grant a renewal thereof after consideration of the application, the recommendations of the Sheriff and the County officials investigating the license pursuant to Section B3-39(a), and any other relevant papers, records and files, on any of the following grounds:

(1) That the dance or associated activity would be injurious to the public health, safety or welfare; or

(2) That the proposed mode of operation of the dance is not in compliance with the provisions of this chapter or any other law, regulation or ordinance; or

(3) The person or organization applying for the license, or any officer or managing partner thereof, or any owner of the real property upon which the dance is proposed to occur has previously violated the provisions of this chapter, or any similar ordinance, law, rule or regulation of the County or another public agency which regulates the operation of public dances; or

(4) That the applicant knowingly made a material misstatement of fact in the license application.

(c) The Zoning Administrator shall deny a license application if a potential fire hazard or threat to life safety exists in the premises where the dance is proposed to be conducted.

(d) If the license or renewal thereof is approved, the Zoning Administrator may include such restrictions and conditions in the license as are reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter or any other laws, regulations or ordinances, including, without limitation, the frequency of dances, hours of operation, days of the week upon which dances may be held, maximum number of participants and parking requirements.

(e) Upon approval or denial of a dance license or renewal thereof, the Zoning Administrator shall prepare and forward to the applicant a written notice of the decision and a statement of any conditions attached to the license. A copy of the notice shall be sent to the Sheriff and the County officials investigating the application pursuant to Section B3-39(a). The Zoning Administrator's decision shall not become final until the 15-calendar-day period in which an appeal may be made to the Board of Supervisors has elapsed without an appeal having been filed.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-41. Appeal.

(a) Within 15 calendar days after the decision of the Zoning Administrator on an application for a dance license or renewal thereof pursuant to a public hearing, any person dissatisfied with such decision may appeal the decision to the Board of Supervisors by filing an application with the Planning Office. The appeal application shall be accompanied by a nonrefundable fee in an amount established by resolution of the Board of Supervisors. A copy of the appeal application shall be forwarded to the Sheriff, the Zoning Administrator and the County officials investigating the applicant pursuant to Section B3-39(a).

(b) The Clerk of the Board of Supervisors shall fix the time and place for the appeal to be heard by the Board of Supervisors. Notice of the hearing shall be mailed, at least ten days prior to the hearing, to all owners of real property located within 300 feet of the premises where the dance is proposed to be conducted, the appellant, the license applicant, the owner of the premises if the applicant or appellant is not the owner, and any other person who has filed a written request for notice.

(c) A hearing date for the appeal to be heard by the Board of Supervisors shall be set within 30 days after filing of the appeal.

(d) The Zoning Administrator shall transmit to the Clerk of the Board of Supervisors all records, minutes, papers and files that constitute the record in the action from which the appeal is made.

(e) The Board of Supervisors shall hear and decide the dance license or renewal application as if no other hearing had been held, and may approve, deny or conditionally approve the application. The decision of the Board on an appeal is final.

(f) The Clerk of the Board of Supervisors will inform the appellant, the applicant, the Planning Office, the Sheriff and the County officials investigating the application pursuant to Section B3-39(a) whether the appeal has been granted or denied.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-42. Issuance of license.

Following the grant of a dance license or renewal thereof and, in the case of approval by the Zoning Administrator after a public hearing, the lapse of the 15-calendar-day period in which to appeal such grant with no appeal having been filed, the Planning Office shall issue a license.

Class "A" licenses shall not be issued for a period longer than one year. An unrevoked Class "A" license may be renewed for a one-year period on written application made at least 60 days before the permit expires.

Class "B" licenses shall not be issued for a period longer than 72 hours and are not renewable.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-43. Licenses nontransferable.

Licenses granted under this chapter shall not be transferable, either as to the licensee or the location. Any attempt to transfer the license shall automatically render the license invalid.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-44. Summary suspension of license.

Whenever it appears to the Sheriff or designee or any authorized representative of the County that the holder of a dance license is conducting a dance or related activities in violation of any provision of this chapter, this Code or federal or state law and such violation endangers public health or safety, the Sheriff or designee may summarily suspend the dance license and order the holder of the license to immediately cease and desist conducting dances. Following issuance of such order and within 30 days thereafter, a hearing to revoke, conditionally reaffirm, or reaffirm the license shall be held in accordance with Section B3-45. Any license holder whose dance license is suspended pursuant to this section shall not conduct dances unless and until the, Zoning Administrator, or the Board of Supervisors on appeal, reaffirms or conditionally reaffirms the license under Section B3-45. The Sheriff or designee or the authorized County official shall prepare and forward a report on a suspension pursuant to this section to the Zoning Administrator prior to the hearing.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-45. Revocation, reaffirmation or conditional reaffirmation.

Any license issued under this chapter may be conditionally reaffirmed, reaffirmed or revoked on the Zoning Administrator's own motion or based on a referral from the Board of Supervisors, the Sheriff, the District Attorney or any other County officer or department head to the Zoning Administrator. Except as provided in Section B3-44 above, a public hearing on the revocation, reaffirmation or conditional reaffirmation shall be held and notice thereof shall be given in accordance with Section B3-39. The Zoning Administrator may revoke or conditionally reaffirm any dance license on one or more of the following grounds:

(a) That the license was obtained by fraud; or

(b) That any person making use of the license is violating or has violated any conditions of the license; or

(c) That the detriment to the public health or safety, or the nuisance arising from dances conducted pursuant to the license or from changed circumstances necessitates the revocation of the license or the modification of or addition to license conditions; or

(d) That an inadvertent error or omission in establishing the original conditions requires modifying or adding to the license conditions, but a license shall not be revoked because of such error or omission.

An appeal to the Board of Supervisors from the decision of the Zoning Administrator under this section may be made within 15 calendar days after the decision and in accordance with the procedures in Section B3-41.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-46. Posting of license.

A public dance license shall be posted in a conspicuous place in the premises where a public dance is conducted.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-47. Security personnel required at Class "B" dance.

No person shall operate any public dance under a Class "B" license unless there are an appropriate number, as determined by the Sheriff, of licensed private security personnel in attendance for the duration of the event.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-48. Intoxicated persons.

It shall be the duty of every person conducting a public dance and their agents and employees to, immediately upon the request of a police officer or Deputy Sheriff, exclude from the public dance hall any person who is obviously intoxicated.

(Ord. No. NS-502.7, § 1, 9-14-04)

Secs. B3-49--B3-61. Reserved.