Division 2. - License.1 [59]


Sec. 4-2. - Required.

Any person desiring to open or conduct a public dance hall, or any hall, room, pavilion or place in which a public dance is to be held, or any public dance, shall first procure from the board of supervisors a license to do so.

(Ord. No. 922 § 2.)

Sec. 4-3. - Application — When and with whom filed.

The application for a license required by this article shall be filed with the license collector at least thirty days prior to the dance or series of dances for which the license is sought.

(Ord. No. 922 § 2.)

Sec. 4-4. - Same — Referrals and reports; denial generally.

The license collector shall refer the application for the license required by this article to the sheriff and to the building department of the county for investigation and report to the board of supervisors. Upon receipt of such reports, the board of supervisors may deny such application if it determines that it would be injurious to the public health, safety, welfare or morals of the people of the county to conduct such dance or dance hall upon the premises for which the permit is sought.

(Ord. No. 922 § 2.)

Sec. 4-5. - Same — Notice of denial; appeal.

If the board of supervisors denies any application for a license under the provisions of this article, notice of denial of such application shall be given in writing to the applicant within ten days after such denial. Notice shall be effected by service upon the applicant, by registered or certified mail, addressed to the address of the applicant as shown on his application. The applicant may appeal therefrom by filing a written notice of such appeal with the clerk of the board of supervisors no later than twenty (20) days after the denial of the application. Upon the filing of such notice of appeal, the board of supervisors shall schedule a hearing within fifteen (15) days. The applicant, the sheriff and the county counsel shall be notified of the date of the hearing of such appeal.

(Ord. No. 922 § 3.)

Sec. 4-6. - Issuance; terms and conditions.

The license required by Section 4-2 shall be issued by the license collector of the county upon order of the board of supervisors and under the terms and conditions of this article.

(Ord. No. 922 § 2.)

Sec. 4-7. - Fees; terms.

All applications for licenses under the provisions of this article shall be accompanied by the required fee and no license shall be granted until such fee is paid. Such fees shall be as follows:

(a)

For a license for a single dance, five dollars ($5.00) per dance.

(b)

For a license for a series of five (5) or more dances, twenty-five dollars ($25.00) per year.

All licenses to conduct a dance hall or series of dances issued under the provisions of this article shall be valid only so long as the yearly fee therefor shall have been paid and shall cease and terminate upon the default of payment in advance of any installment of such yearly fee and shall in no event be in force or effect after May 15 following its issuance. No fee paid under this article shall be refunded.

(Ord. No. 922 § 7.)

Sec. 4-8. - Posting.

It shall be the duty of any person conducting a public dance or place where a public dance is to be conducted within the county, before opening such hall or place for the purpose of conducting a public dance therein, to post in a conspicuous place therein the license for conducting the same and to keep such license posted until the expiration thereof and then to remove the same, and it shall be unlawful for any such person to conduct such public dance hall or permit any public dance to be conducted while such license is not so posted.

(Ord. No. 922 § 8.)

Sec. 4-9. - Transferability.

Licenses issued under this article shall not be transferable and any attempt to transfer shall render the license invalid.

(Ord. No. 922 § 4.)

Sec. 4-10. - Suspension and revocation — Generally.

Licenses under this article may be suspended or revoked by the board of supervisors upon violation of any of the provisions of this article or when it is found by the board of supervisors that the continued operation of a dance on such premises will be injurious to the health, safety, welfare and morals of the people of the county.

(Ord. No. 922 § 5.)

Sec. 4-11. - Same — Notice and appeal.

Upon the suspension or revocation of a license by the board of supervisors under this section, notice of such suspension or revocation shall be given in writing to the licensee within ten (10) days after such suspension or revocation. Notice shall be effective by service upon the licensee by registered or certified mail, addressed to the address of the licensee as shown on his application. The licensee may appeal therefrom by filing a written notice of such appeal with the clerk of the board of supervisors within twenty days after such suspension or revocation. The board of supervisors, upon the filing of such notice of appeal, shall schedule a hearing within fifteen days. The licensee, the sheriff and the county counsel shall be notified of the date of the hearing of such appeal.

(Ord. No. 922 § 6.)

Sec. 4-12. - Opening or conducting dance or dance hall without license.

It shall be unlawful for any person to open or conduct any public dance hall, or to carry on or conduct any public dance within the county outside of the limits of a municipal corporation without first obtaining a license to do so.

(Ord. No. 922 § 1.)

Sec. 4-13. - Exemptions from division.

The word "person" as used in this article shall include firm, corporation, club or association of persons; provided, however, that no license required by this division shall be required of any organization which is qualified to receive a club license under the provisions of article 4, chapter 3, division 9 of the Business and Professions Code of the state or any amendment thereto, or any nonprofit social or dance club in existence for at least one year and having at least twenty-five (25) adult members.

(Ord. No. 922 § 10.)



FOOTNOTE(S):


(59) 1 For state law as to authority of county to license for purpose of regulation, see B. & P.C. § 16100 et seq. As to finance and taxation generally, see ch. 12 of this code. (Back)