Chapter 4.44
TEEN DANCE HALLS

Sections:

4.44.010  Definitions.

4.44.020  License – Required – Fee – Renewals.

4.44.030  License – Exemption and waiver of payment.

4.44.040  License – Application.

4.44.050  License – Refusal to grant.

4.44.070  License – Revocation.

4.44.072  Teen dance – Age restrictions.

4.44.074  Teen dance – Readmission fee.

4.44.076  Access – Public safety officer – Director.

4.44.078  License limited to licensee and location.

4.44.010 Definitions.

For the purpose of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:

A. “Teen dance” means any dance that is open to the public and which permits the entry of persons under the age of 18 years and which: (1) is conducted for a profit, direct or indirect; or (2) requires a monetary payment or contribution from the persons admitted.

B. “Teen dance hall” means any place or premises where a teen dance is conducted, including but not limited to all parking areas, hallways, bathrooms and all adjoining areas accessible to the public during the dance.

C. “Person” includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization.

D. “Police chief” means the Edmonds police chief or his designee. [Ord. 2572 § 3, 1986].

4.44.020 License – Required – Fee – Renewals.

A. It is unlawful for any person to conduct a teen dance within the city of Edmonds without first having obtained and being the holder of a valid and subsisting license for such activity, to be known as a teen dance license. The fee for a teen dance license is $300.00.

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 renewals shall be required to be obtained and paid in full by January 31st of each respective calendar year; provided, however, for calendar year 1986, teen dance licenses shall be obtained and paid in full on or before September 1, 1986.

C. There shall be assessed and collected by the clerk an additional charge computed as a percentage of the license fee, on renewal applications not made on or before the expiration date, as follows:

Additional Percentage

Days Past Due of License Fee

7 – 30 25%

31 – 60 50%

61 and over 100%

[Ord. 2572 § 3, 1986].

4.44.030 License – Exemption and waiver of payment.

A. The police chief reserves the right to waive the requirement of payment of the teen dance license fee in the case of any teen dance open to the pubic which, in the opinion of the police chief is conducted for a charitable purpose or will otherwise result in substantial benefit to the community and which merits waiver of the fee. Application for a fee wavier shall be made no less than 30 days prior to the date of the cabaret or teen dance for which a license is sought.

B. Dances conducted by public and/or private schools licensed by the state of Washington shall be exempt from the provisions of this chapter. [Ord. 2572 § 3, 1986].

4.44.040 License – Application.

A. Applications for any teen dance license shall be submitted in writing to the city clerk upon such forms as the clerk may prescribe at least 30 days prior to the first teen dance. In addition to other information requested, application forms shall contain the name and place of residence of the applicant, the address and description of the premises to be licensed and the time and date of the dance or dances to be held. All applications shall be reviewed by the mayor and approved or denied by the mayor. All such applications shall be accompanied by a certificate of insurance evidencing public liability coverage for persons and property equal to at least $500,000 per occurrence and one million in the aggregate. Such policy shall name the city of Edmonds as a named insured and provide for 30 days' notice of cancellation.

B. The police chief may impose such conditions as he finds necessary to adequately protect the public health, safety and general welfare, including the condition that the licensee employ an off-duty police officer to enforce the laws of the state of Washington and city ordinances during any teen dance. [Ord. 2572 § 3, 1986].

4.44.050 License – Refusal to grant.

A. The police chief shall deny a license if one or more of the following conditions exist:

1. The applicant is not in compliance with any state, county or city law or ordinance applicable to the premises or operator.

2. The applicant or any of the applicant's officers, directors, partners, operators, employees or any other person involved in the operation of the teen dance or teen dance hall have:

a. Committed any act, which, if committed by a licensee, would be grounds for the suspension or revocation of a license or permit; or

b. Been convicted within the last five years of:

i. A felony involving a crime of violence (as defined in RCW 9.41.010(2) as now exists or as hereafter amended) upon a juvenile or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW; or

ii. A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile; or

3. Within the last two years the applicant has been refused a license or had a license revoked under the provisions of this chapter.

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.

C. When the police chief refuses to grant a license, or grants a license with conditions, he shall notify the applicant in writing of the same and shall inform the applicant of his right to appeal to the city council within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the city clerk. [Ord. 2572 § 3, 1986].

4.44.070 License – Revocation.

A. The police chief may suspend or revoke any license issued pursuant to this chapter, upon 10 days' notice where one or more of the following conditions exist:

1. The license was procured by fraud or false representation or material fact in the application or in any report or record required to be filed with the clerk;

2. The building, structure, equipment or location of the business 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, Snohomish County, and the city of Edmonds, or the requirements of this chapter;

3. The licensee or any owner, officer or agent thereof has committed any act which is a ground for denial of a license;

4. The licensee or his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted:

a. Any unlawful act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the dance hall premises, or

b. The dance hall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur, or

c. The possession or consumption of liquor by persons under the age of 21 years, in or upon dance hall premises, or

d. The giving or supplying of liquor to any person under the age of 21 years, or

e. 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.

B. If the police chief finds that any of the conditions set forth in ECC 4.44.070(A) exist and that the existence of such condition constitutes a threat of immediate and serious injury or damage to person or property, the police chief may immediately suspend or revoke any license issued under this chapter without prior opportunity to be heard, in which event the licensee shall be entitled to appeal the decision to the city council in accordance with ECC 4.44.050(C). The notice of immediate suspension or revocation of license given pursuant to this subsection shall include the police chief's findings regarding the condition found to exist that constitutes a threat of immediate and serious injury or damage to person or property, and shall also inform the applicant of his right to appeal within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the city clerk. [Ord. 2572 § 3, 1986].

4.44.072 Teen dance – Age restrictions.

A. No person conducting a teen dance or maintaining a teen dance hall shall allow persons under the age of 16 to enter or remain on the premises without the written authorization of a parent or legal guardian signed on the premises of and in the presence of the licensee.

B. The licensee's hours of operation shall end at 10:00 p.m. on any evening preceding a day in which the Edmonds public schools are open for general classes and 12:00 midnight on any other day. No patron shall be permitted to enter or remain on the licensee's premises after closing.

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. It is the responsibility of the person conducting and/or operating a teen dance to require identification showing the age of each person admitted.

D. Any person under the age of 18 years who affirmatively misrepresents his or her age to obtain admission to or permission to remain in any teen dance in violation of this chapter shall be guilty of a misdemeanor.

E. No person under the age of 14 years nor over the age of 20 years shall be allowed to enter or remain on the premises; provided however, that this restriction shall not apply to employees and agents of the licensee. [Ord. 2572 § 3, 1986].

4.44.074 Teen dance – Readmission fee.

No person conducting or operating a teen dance or teen 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, or greater than, one-half the original price of admission. [Ord. 2572 § 3, 1986].

 

4.44.076 Access – Public safety officer – Director.

All police officers of the city of Edmonds and/or the chief of police shall have free access to teen dances and teen 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. [Ord. 2572 § 3, 1986].

4.44.078 License limited to licensee and location.

Any license issued under the provisions of this chapter shall apply to a single licensee and to a single location only and shall not be transferable to other locations or to other persons. [Ord. 2572 § 3, 1986].