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

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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)

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