HomeMy WebLinkAbout2839ORDINANCE NO. 2
AN ORDINANCE of the City of Kent,
Washington, providing for the licensing and
regulation of public dances and dance halls,
adding a new section 5.35 to Chapter 5 business
license and regulations, establishing licensing
requirements, penalties, establishing grounds
for revocation of licenses and establishing an
effective date, and amending Kent City Code
Section 5.04.070, Ordinance 0.686, §10.
WHEREAS, the Kent City Council finds that unregulated
public dance halls contribute to the problems associated with
runaway children, alcohol and drug abuse by children; and
WHEREAS, the Kent City Council finds that the regulations
set forth in this ordinance will help prevent the operation of
public dance halls from contributing to such problems and that
these regulations are necessary to protect the public health,
safety and welfare, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Kent City Code Chapter 5, entitled "Business
License and Regulations" is hereby amended by adding a new Section'
5.35 entitled "Public dances and Dance Halls" as follows:
5.35.010 DEFINITIONS. For the purpose of this Chapter
and unless the context plainly requires otherwise, the following
definitions are adopted:
A. "Public dance" means any dance that is open to the
public and which: (1) is conducted for a profit, direct or
indirect; or (2) requires a monetary payment or contribution from
the persons admitted. The term "Public Dance" does not include a
banquet, party or celebration conducted for invited guests which
jis not open to the public,
:!contribution is required.
1.
and for which no fee or membership
Additionally, the term "public dance"
as used in this ordinance does not include any dance held by a
licensed liquor establishment, or at any location wherein
alcoholic beverages are legally served, sold, dispensed, or
permitted on the premises; it being the intention that said dances
be governed by the appropriate provisions of RCW Chapter 66.
and all other pertinent laws and regulations including but not
limited to Kent City Code Section 5.04.070.
B. "Dance hall" means any place or premise where a
public dance is conducted, including but not limited to all
hallways, bathrooms and all adjoining enclosed areas accessible to
the public or any patron during the dance.
C. "Person" includes one or more natural persons,
corporations, partnerships or unincorporated associations or other
forms of business organization.
designee.
designee.
D. "Police Chief" means the Kent Police Chief or his
E. "Fire Chief" means the Kent Fire Chief or his or her
5.35.020 LICENSE REQUIRED - FEE - RENEWALS
A. It is unlawful for any person to conduct a public
dance within the City of Kent without first having obtained and
being the holder of a valid and subsisting license for such
activity, to be known as a "public dance license". The annual fee
for a public dance license is $150.00. A limited license for a
single event is $25.00 per event day, but no more than 3 limited
licenses shall be obtained in any calendar month or more than 6
limited licenses in any calendar year unless the full annual
license has been paid.
B. The entire annual license fee shall be paid for the
applicable calendar year regardless of when the application for
license is made, and shall not be prorated for any part of the
year except that if the original application for license is made
subsequent to June 30th, the license fee for the remainder of that
year shall be one-half of the annual license fee. Annual license
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renewals shall be obtained and paid in full by January ist of each
calendar year.
C. There shall be assessed and collected by the Finance
Director an additional charge of fifty dollars ($50.00), on
renewal applications not made when due, including payment of the
required fee, on or before January 31st of each calendar year.
D. Failure to obtain license renewal and to pay all
required fees pursuant thereto by January 31 shall result in
suspension and/or revocation of said license pursuant to Kent City'
Code 5.35.120(i).
5.35.030 LICENSE - EXEMPTION AND WAIVER OF PAYMENT
A. A license is not required under this chapter if the
dance is conducted by the City of Kent or by a public and/or
private school licensed by the State of Washington.
B. The Police Chief or his or her designee shall have
the right to waive the requirement of payment of the license fee
in the case of any dance open to the public which is conducted for;
a charitable purpose by a nonprofit, tax exempt organization,
corporation or association recognized as exempt from Federal
income tax pursuant to the Internal Revenue Code. Application for'
a fee waiver shall be made no less than thirty days prior to the
date of the dance for which a license is sought.
5.35.040 LICENSE - APPLICATION
A. Applications for any license pursuant to this chapter
shall be submitted in writing to the Finance Director upon such
forms as the Police Chief may prescribe at least thirty (30) days
prior to the first dance. In addition to other information
requested, application forms shall contain the name and place of
residence of the applicant and owner, if different than applicant,i,
the address and description of the premises to be licensed and the
time and date of the dance or dances to be held. The Finance I
Director must be notified within 10 days of any changes in the
information required in this Section.
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Director must be notified within 10 days of any changes in the
information required in this Section.
B. Applicant shall be required to maintain comprehensive
liability insurance for the establishment with minimum coverage in
the amount of $1,000,000. Certificate of insurance as evidence of
coverage shall be provided tot he City at time of application.
Applicant shall provide to the City notification of any changes in
such coverage within fifteen (15) days of any changes. This shall
not apply to applicants for single events.
C. All applications shall be referred to the Police
Chief who shall conduct an investigation as to the truth of the
statements contained therein and investigate all other matters
pertaining to the criteria for license approval set forth in this
chapter. The Chief of Police shall confer with the Finance
Director as to the results of such investigation, as well as his
or her other findings as to whether the criteria for obtaining a
public dance license have been met.
5.35.050 LICENSE - CRITERIA FOR APPROVAL - REAPPLICATION
A. The Finance Director shall grant a license unless he
or she finds that one or more of the following conditions exist:
1. The building, structure, equipment or location
of the business or dance for which license is sought does not
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comply with the requirements or fails to meet the standards of thel
applicable health, zoning, building, fire safety or other {
applicable laws and ordinances of the State of Washington, King i
County, and the City of Kent or the requirements of this chapter;
2. The applicant or any of the applicant's
employers, officers, directors, partners, operators, employees or
any other person involved in the operation or business of the
dance or dance hall has been convicted within the last five years
of:
a) A felony involving a crime of violence (as
defined in RCW 9.41.010(2) as it now exists or as
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hereafter amended) or any felony under RCW Chapters
9A.44, 9A.64, 9A.88 or 69.50; or
b) A crime involving prostitution, promoting
prostitution, prostitution loitering or lewd
conduct, or assault on a juvenile.
B. Any applicant denied a license may reapply and be
granted a license if the applicant can show that the basis for
such denial no longer exists, or may appeal such denial pursuant
to Chapter 5.35.070, below.
C. Applications for renewal of a license issued under
this Chapter shall be processed and considered according to the
criteria for initial issuance of the license.
5.35.060 CONDITIONS UPON ISSUANCE OF LICENSE - REVIEW OF!
OPERATIONS.
A. At the time of granting a license or license renewal
pursuant to this Chapter, the Finance Director, when authorized by
City Code or State or Federal law, rule or regulation may impose
such conditions as necessary to adequately protect the public
health, safety and general welfare.
B. The Police Chief shall review the operations of all
public dance halls approximately six months after commencement of
business to determine whether additional or revised conditions are
needed to protect the public welfare. The licensee shall be given
notice of all proposed additional conditions and an opportunity tc
be heard concerning the conditions pursuant to Kent City Code
5.35.070.
5.35.070 APPEAL FROM DENIAL OR CONDITIONS
A. When the Finance Director refuses to grant or renew a
license, or grants or renews a license with conditions, the City
shall notify the applicant in writing of the same and shall inforn
the applicant of his or her right to a hearing before the Hearing
Examiner by the applicant filing a written notice of appeal which
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contains a specific statement of the reasons for the appeal with
the Hearing Examiner within 10 days of the date of the notice from
the Finance Director.
B. If the applicant timely files a notice of appeal, the
applicant shall be afforded a hearing before the Hearing Examiner
at which time the applicant shall be afforded an opportunity to
show that the conditions imposed are arbitrary and capricious or
that the reasons for denial of the license do not justify the
denial. After the hearing the Examiner shall determine whether
(the applicant has shown reason to revise the conditions or to
issue the license and shall issue its final findings of fact,
conclusions of law and decision within 10 days of the date of the
(hearing.
Any aggrieved party may appeal the Hearing Examiner's!i
Decision by seeking, within 14 days of the date of the Examiner's
decision, a writ of review from the King County Superior Court.
5.35.080 SECURITY PERSONNEL REQUIRED. It shall be the
obligation of every person licensed under this Chapter to insure
that an adequate number of qualified security personnel are
employed and in attendance before, during, and following each
public dance as is necessary in order to maintain order and insure
compliance with the laws of the State of Washington and ordinances
of the City of Kent. A minimum of two security persons shall be
required for up to the first two hundred persons in attendance;
ithereafter one additional security person for each additional one
hundred persons in attendance shall be required.
l In the event the Police Chief of the City of Kent
!determines extra security is necessary because of past incidents
at the dance hall which threaten public safety, health or welfare,
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or threats or evidence of future incidents that threaten public
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safety, health or welfare, the Chief shall have the right to
j;require that security personnel for the establishment include a
(,minimum of two persons trained as law enforcement personnel, which
!may include off duty police officers approved by the Police
Chief. Additionally, the Chief may require that at no time shall
l'fewer than 25 percent of the security personnel have training as
law enforcement personnel or similar training as approved by the
Police Chief. Those security personnel not having law enforcement
training must have received formal training in crowd control by an
agency not associated with the licensee as approved by the Chief
of Police. Decrease in hours of operation, and/or an increase in
security personnel may also be required. Any decision of the
Chief to require extra security personnel may be appealed to the
Hearing Examiner in the manner described in Kent Code 5.35.070.
5.35.090 LITTER CONTROL - SECURITY FOR CLEANUP
A. Prior to issuance of any public dance license a cash
security deposit in the amount of $200 or bond in the amount of
$1,000.00 shall be submitted to the Finance Director as security
for the cleanup of all litter resulting from any public dance
authorized by the license. In the event the licensee fails to
clean up all litter on any public or private property which
results from any public dance conducted by the licensee within
twenty-four hours of the end of the dance, the City may cause such!
litter to be cleaned up and pay the costs of the clean up out of
the security funds. Litter resulting from the public dance shall
be limited to that occurring within a one block radius of the
location of the dance unless clearly identified with the dance.
In the event the cost of the clean up exceeds the amount of funds
on deposit, the licensee shall pay such excess costs.
B. In the event funds are expended out of a security j
deposit required by this Section, the licensee shall, within five
days of receipt of written notice of such expenditure, submit the
amount necessary to replenish the security fund to the amount of
the full security deposit. No renewal license shall be issued
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unless the full amount of the security deposit for litter clean up!
is on deposit with the City at the time of the application for
renewal. If funds sufficient to replenish the fund are not
received within 5 days of receipt of written notice then the dance;
hall license shall be suspended until sufficient funds are
received. Within the 5 days of receipt of notice of deficiency,
the dance hall licensee may inform the Finance Director in writing
of circumstances justifying nonpayment of additional funds which
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information shall be considered by the Finance Director and the
licensee shall not be suspended if the nonpayment is justified.
C. If the funds for security for cleanup are fully
expended within any one week, or if the funds for cleanup fall
below $100.00 twice in any quarter or five times in any year, then
the Finance Director shall require an additional cash deposit of
not less than $200.00 and not more than the greatest one week
expenditure for cleanup during the prior year.
D. Upon termination of all activities authorized by a
public dance license and clean up of all litter resulting from
such activity, the remainder of all funds deposited as security
for litter clean up shall be refunded to the licensee, without
interest.
5.35.100 LOITERING ON PREMISES PROHIBITED. It shall be
the obligation of each person issued a license under this Chapter
to use best efforts to prevent loitering of all persons on the
premises of the dance hall, including all parking lot and driveway4
areas used by patrons of the dance hall. "Loitering" shall not
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include walking between the entrance to the public dance and
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!parked vehicles, nor shall it include the act of waiting in line s
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to gain admission to the dance including both inside and outside
the dance hall premises. The licensee shall use every best effort
to cooperate with the Kent Police Department for removal of
loiterers by enforcement of criminal trespass charges against said
loiterers. Failure to cooperate by the licensee shall be grounds
Ifor possible revocation and/or suspension of license.
5.35.110 AREA FOR WAITING FOR ADMISSION ENTRANCE AND
SECURITY
A. Any dance hall shall provide an area, which area is
knot part of the public right-of-way or sidewalks, where patrons
'may wait for admission to the dance hall. This area shall be
,clearly marked. The number of persons permitted in this area
!shall be limited to a number of persons reasonably likely to
iobtain admission to the dance hall within 30 minutes considering
the normal rate of turnover of patrons within the dance hall. At
no time shall the number of patrons waiting exceed the permitted
occupancy load of the dance hall as established by the Fire Code
and Fire Marshal. The dance hall operator shall provide security
personnel to control the waiting area one hour before opening and
throughout the hours of operation. The security personnel shall
use their best efforts to prevent persons seeking admission but
not permitted in the waiting area from congregating on the public
right-of-way and sidewalks, and the security personnel shall
require such persons to leave the property under control of the
dance hall.
B. All persons admitted to the dance hall shall be
admitted through a single entrance so that the occupancy load can
be monitored.
C. The licensee and management of any dance hall shall
prohibit any person under the influence of intoxicants or drugs
from entering the dance hall and shall expel any person under such
condition if found within the premises.
5.35.120 REVOCATION OR SUSPENSION OF LICENSE
A. After giving notice to the licensee of the right to a
hearing pursuant to the procedures set forth in this ordinance,
and conducting a hearing if a timely request is filed, the Finance
Director may suspend or revoke any license issued pursuant to this
chapter where one or more of the following conditions exist:
1. The license was procured by fraud or false
representation of material fact in the application or in any
report or record required to be filed;
2. The building, structure, equipment or location
of the business or dance for which the license was issued does not
comply with the requirements or fails to meet the standards of the
applicable health, zoning, building, fire and safety laws and
ordinances of the State of Washington, King County, and the City
of Kent, or the requirements of this chapter;
3. The applicant or any of the applicant's
officers, directors, partners, operators, or with the applicant's
actual or imputed knowledge employees or any other person involved
in the operation of the dance or dance hall has been convicted
within the last five years of:
a) A felony involving a crime of violence (as
defined in RCW 9.41.010(2) as it now exists or as hereafter
amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or
69.50; or
b) A crime involving prostitution, promoting
prostitution, prostitution loitering or lewd conduct, or assault
on a juvenile.
4. The licensee or his or her employee, agent,
partner, employer, director, officer or manager has knowingly
allowed or permitted:
a) A felony involving a crime of violence (as
defined in RCW 9.41.010(2) as it now exists or as hereafter
amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or
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69.50 to occur in or upon the dance hall premises;
b) A crime involving prostitution, promoting
prostitution, prostitution loitering or lewd conduct, or assault
on a juvenile to occur in or upon the dance hall premises;
c) Any unlawful act of sexual intercourse,
sodomy, oral copulation, or masturbation to be committed in or
upon the dance hall premises; or
d) The dance hall premises to be used as a
,place in which unlawful solicitations for sexual intercourse,
sodomy, oral copulation or masturbation occur; or
e) The possession or consumption of liquor by
persons under the age of twenty-one years, in or upon dance hall
premises; or
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f) The giving or supplying of liquor to any
person under the age of twenty-one years; or
g) The use by any person in or upon the dance
hall premises of marijuana, cocaine or any other controlled
substance (as defined in RCW 69.50.101(d) as now exists or as
hereafter amended) not prescribed by a licensed physician for use
by the person possessing or using the substance.
h) Violation of any condition placed upon a
license issued pursuant to this chapter, of this ordinance, or of
any other applicable law or ordinance, which the Finance Director
finds constitutes an unreasonable interference with surrounding
land uses or is otherwise unreasonably detrimental to the public
welfare;
i) Failure to timely file and pay any
admissions tax or other fee owing to the City of Kent.
j) Allowing any person under the influence of
intoxicants or drugs onto or to remain within the premises.
g B. If the Finance Director finds that any of the
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conditions set forth in this Chapter exists and that the existence
of such condition constitutes a threat of immediate and serious
injury or damage to person or property, and in the case of
conditions which may be eliminated by the licensee, that notice of
the conditions has been given to the licensee and at least 24
hours have expired without the elimination of such conditions, the
Finance Director may immediately suspend any license issued under
this Chapter without prior opportunity to be heard. In this event
the licensee shall be entitled to appeal the decision to the
Hearing Examiner in accordance with KCC 5.35.070 of this chapter.
The notice of immediate suspension of license given pursuant to
this subsection shall include a statement of the conditions found
to exist that constitutes a threat of immediate and serious injury
for or persons damage to p property, and shall also inform the
applicant of his or her right to appeal within ten (10) days of
the date of the notice by filing a written notice of appeal, which
.contains a statement of the specific reasons for the appeal, with
ithe City Clerk.
C. Revocation of any license issued under this Chapter
shall be accomplished pursuant to KCC 5.35.070.
D. Any decision of the Finance Director to revoke or
suspend a dance hall license may be appealed to the Hearing
Examiner within 10 days of the Finance Director's decision. The
appellant shall pay a $75.00 fee as a condition of filing such
appeal.
E. Any aggrieved party may appeal the Hearing Examiner's
decision rendered under parts B and D of this section, by seeking,
within 10 days of the Examiner's decision, a writ of review from
the King County Superior Court.
5.35.130 AGE RESTRICTIONS.
A. No person conducting a public dance or maintaining a
public dance hall shall knowingly allow persons under the age of
sixteen years to enter or remain in the dance hall without a
parent or legal guardian present.
B. It is the responsibility of the licensee and any
other person conducting and/or operating a public dance to require
identification showing the age of each person admitted. A valid
Washington State Drivers License or photo identification card
issued by the Washington State Department of Licensing shall be
the only acceptable forms of proof of age.
C. Every person who knowingly or recklessly allows a
person to enter or remain in violation of this section shall be
guilty of a misdemeanor.
D. Any person who affirmatively misrepresents his or her
age to obtain admission to or permission to remain in any public
dance in violation of this chapter shall be guilty of a
misdemeanor.
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5.35.140 HOURS OF OPERATION. No public dance shall be
operated past the hour of 2:00 a.m., with the exception that
Saturday nights dances may operate until 3:00 a.m. Sunday morning.I
5.35.150 PUBLIC DANCE - READMISSION FEE. No person
conducting or operating a public dance or public dance hall shall
permit any person, other than an employee, to leave the dance or
dance hall and return unless that person pays a readmission fee
equal to the original price of admission.
5.35.160 ACCESS - BY POLICE AND FIRE OFFICERS. All
police and fire officers of the City of Kent shall have free
access to public dances and dance halls when a dance is being
conducted, for the purpose of inspection and to enforce compliance;
with the provisions of this chapter and other applicable City,
County and State health, zoning, building, fire and safety
ordinances and laws.
5.35.170 LICENSE LIMITED TO LICENSEE AND LOCATION. Any
license issued under the provisions of this chapter shall apply tol,
a single licensee and to a single location only and shall not be
transferable to other locations or to other persons.
5.35.180 APPLICABILITY. All dance halls required to be
licensed by this ordinance within the City of Kent shall be
regulated by the provisions of this chapter, regardless of whether4
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la public dance license or business license was obtained from the
City prior to or after the effective date of the ordinance
codified in this chapter.
5.35.190 VIOLATION. It shall be a misdemeanor to
,operate or manage a public dance in violation of the provisions of
ithis chapter, without having first obtained a valid license, or
!renewal; or to operate or manage a public dance when one's license
to do so has been suspended or revoked.
Section 2. Kent City Code Chapter 5.04.070 is amended as
follows:
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5.04.070. PREMISES WHERE DANCING IS PERMITTED. The
license fee for taverns, cocktail lounges, and any other place of
ibusiness wherein dancing is permitted and where alcoholic
beverages are legally served dispensed sold or permitted on the
Premises, shall be fifty dollars per year, payable quarterly in
advance. (0.686, §10)
Section 3. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
Section 4. Effective Date. This ordinance shall take
Eeffect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENStK,—CITY C
APPROVED AS O FORM:
SANDRA DRISCOLL, CITY ATTORNEY
PASSED the r� day of � `r'���*. 1989.
APPROVED the d day of — 1989.
PUBLISHED the qday of , 1989.
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I hereby certify that this is a true copy of Ordinance
No.�:��- , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
7100-240
( SEAL)
MARIE JENSEN, CITY CLERK
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