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, 1990.)