Ordinance No. 02-2

AN ORDINANCE DEFINING AND REGULATING PUBLIC DANCING PLACES AND PUBLIC DANCES.

Table of Contents

Section 1. Dance Hall.

A “public dancing place” or “dance hall“, as the term is used herein, shall be taken to mean any room, place, or space open to public patronage in which dancing, wherein the public may participate, is carried on and to which admission may be had by the public by payment, directly or indirectly, of an admission fee or price
for dancing. A “public dance”, as the term is used in those sections, shall be taken to mean any dance wherein the public may participate by payment, directly or indirectly, of an admission fee or price for dancing, or a fee for membership in a club, and shall include any manner of holding a dance which may be participated in by the public through the payment of money, directly or indirectly. The term “public dancing place” or “dance hall” shall also refer to any place where a concert or music is provided for the public for entertainment by admission by payment, directly or indirectly, of an admission fee or price.

Section 2. Proprietors Must Obtain Permits.

It shall be unlawful for any person to give, hold, or conduct a public dance unless the owner or proprietor of the public dancing place, or the person giving the same or in charge thereof, shall first have procured a permit to hold, give, and conduct such public dance from the City Council. Dances where the music is provided solely by a disc jockey (DJ), jukebox, or music machine shall be exempt from this section.

Section 3. Permit Applications.

Every application for a permit to conduct a public dance shall be made to the City Clerk on a form supplied by the City and containing such information as the Clerk or the City Council may require. It shall be unlawful to make any false statement in an application.

Section 4. Permit Fees.

(a) Payment Required. Each application for a permit shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejection of any application for a permit, the City Treasurer shall refund the amount paid.

(b) Fees. The annual fee for a permit shall be set by resolution of the City Council.

Section 5. Hours.

All dance halls or public dancing places shall close promptly at 1 o’clock a.m. However, all dance halls or public dancing places shall close no later than 12 o’clock midnight on Sundays. Public dancing shall not be held between the hours of 1 o’clock a.m. and 12 o’clock noon of any day. No other person than an employee of the licensee or the licensee shall remain on the premises of the dance hall during closed hours.

Section 6. Minors Prohibited.

No person under the age of 18 shall be permitted to remain at any dance hall or public dancing place after curfew hours unless accompanied by a parent or legal guardian. It shall be the responsibility of the proprietor of the dance hall to check the age of all persons entering the premises. Those persons without proper identification shall not be allowed to remain after curfew hours unless the proprietor, or person appointed by the proprietor to check identification, is reasonably sure that the person is 18 years of age or older.

Section 7. Officer Must Attend All Dances or Concerts on Public Land.

A police officer or licensed security officer licensed by the State of Minnesota, bonded and insured, must be in attendance at all dances held on public land such as streets, in the City Community Center, or in a public park. The officer shall be obtained and paid by the person holding the permit for the dance.

Section 8. Private Dances.

All private dances not held on public land shall be exempt from the provisions of this ordinance.

Section 9. Violation and Penalty.

Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor.