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HomeMy WebLinkAboutORD 4075 . > • �m- f��� , asta,{�, D2nf�34i yb�l1 ; CITY OF RE�ITON, WASHINGTON ORDI1"JANCE NO. 4075 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROVTDING FOR THE LICENSING AN1D REGULATION OF PUBLIC DANCES AND DANCE HALLS, ADDING � NEW CHAPTER 36 TO TITLE V (B[JSINESS R�GULATI01�) OF ORDINANCE N0. 1628 ENTITL�D 'CODE OF ^vENERAL ORDINANCES OF THE CITY OF RENTON" ESTABLISHIPdG PENALTIES, ESTP,b�LISHING GROUNDS F�R REVOCATION OF LICENSES AND ESTABLISHINu AN EFFECTIVE DAT.E. WHEREAS, the Renton City Council finds th-at unregulated public dance halls cont.ribute to the problems associated with runaway children, alcohol and drug abuse by children; and WHEREAS, the Renton City Council finds that the regulatic�ns set forth in this ordinance will help prevent the operation of public dance halls from contributing to such problems and that thes� regulations are necessary to protect tne public heal�h, safety and welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTO�t, ORDAINS AS FOLLOWS: SECTION I : Existing Title V of Ordinance No. 1628 entitled "Code of �eneral Ordinances of the City of Renton" is hereby amended by adding a new Chapter 3F� entitled "Public Dances and �?ance Halls" to read as f_ollows : 5-3601 Definitions. For the purpose of this Chagter and unles5 the context plainly requires otherwise, the following def.initions ar� adopted: A. "Public dance" means any dance that is op�n to the public and which: (1 ) is conducted for a profit, direct or indirect; or (2 ) requires a monetary payment or contribution �rom the persons admitte�. The term °'Public D�nce" does not include a banquet, party or celebration 1 ORDINANCE NO. 4075 � � conduct�d for invited guests which is not open to the public. B . "Dance ha11" means any place or premise where a public dance is con�ucted, including but not limited to all hallways, bathrooms and all adjoining enclosPd areas accessible to the public during the dance. � . "Person" includes one or more natur_al persons, corporations, partnerships or unincorporate� �ssociations or other forms of busin�ss or�aniz�tion. D. "Police Chief" means the R�nton Police Chief or his designee. E. "Fire Marshall" means the Renton Fir� Marshall or his designee. 5-3602 License Require� - F�e - Renewals. A. It is unlawful �or any person to conduct a public d�nce within the City of Renton without fixst having obtained and being the holder of a valid and subsisting license for such activity, to be known �s a public �ance license. The annu�l fee for a public dance license is $250 . 00 . A limited license for a sin�le event is $25. 00 per event day, but no more than 3 limit�d licenses shall be obtained in any calendar month or more than 6 limi�ed licenses in any calendar year unless the full yearly license h�s been paid. B. The entire annual license fee sha11 be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original applicati�n for license is made subsequent ta June 30th, the license fee for the remainder of that year shall be one-half of the annual license f?e. Annual license renewals shall be obtained and paid in full by January 31st of each calend�r year. C . There shall be asaess�d and coll�cte� by the �lerk an additional charge computed as a percentage of the license fee, on renewal applications not made when due , including payment of the r�quired f_ee, on or before January 31st o.f e�ch calendar year �s follows : Additional F�rcentage Days Past Due Of License Fee 7-30 25$ 31-60 50� 61 and over 100� 2 ORDINANCE N0. 4075 5-3603 License - Exemption and Waiver of Payment A. A license is not required under this chapter if the �ance is conducted by the City of Renton or by a public and/or priv�te school licensed by the State of W�shington. B. The City Council shall have the right to waive the requirement of payment of the licens� fee in the case of any dance open to the public which is conducted for a charitable purpose by a non pro�it, tax exempt organiz=�tion, corporation or �ssoci�tion recognized as exempt from Federal income tax pursuant to the Internal Revenue Code. Anplication for a fee waiver shall b� made no less than thirty �ays prior to the date of the dance for which a license is sought. 5-3604 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 Finance Director may prescribe at least thirty (30 ) days prior to the �irst dancP. In addition to other �nformation request�d, application forms sha11 contain the name and nlace of_ residence of the applicant, the address and description of the premises to be licensed and the time and date o:E the dance or dances to be held. The Finance Director must be notified within 10 days of any changes in the information required in this Section. B. A11 applications shall be referred to the Police Chief whr� sh�ll conduct an investigation as to the truth of the statements containAd therein and investigate all other m�tters pertaining to the criteria for license approval set forth in this chapter. The Chief of Police shall r�port to the City Council the results of such investigation, as we11 as his other findings as to whether the criteria for obtaining a public dance license have b�en met C . The application shail also be reviewed by the Environmental Review Cammittee under the State Environznental Policy Act (SEPA) . 5-3605 License - Crit�ria for Approv�l - Reapplications A. The Finance Director shall grant a lic�nse unless it finds that one or more of the following conditir�ns exist: 1 ) The building, structure, equipment or location of the busines� or dance for which license is sought does not comply with the requirements or fails to meet the standards of the applicable health, zoning, �uilding, fire and safety laws and ordinances of the State of 3 ORDINANCE N0. 4075 Washington, King County, and the City of Renton, or the requirements of this chapt�r; 2 ) Ths applicant or any of the applicant' s officers, directors, partners, operators, employees or �ny 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 d�fined 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. B. Any applicant denied a license m:�y 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 Section 5-3607, below. C. Applications for renewal of a license issued un��r this ChaptAr �hall be process�d and considered according to the criteria �or initial issuance of the license. 5-3606 Conditions Upon Issuance of License - ReviPw of Operations At thv time of granting � license or license renewal pursu�nt to this Chapter, the Finance Director, when authorized by City Code or State or Federal law, rule or regulation or the Environm�ntal Review Committee pursuant to the State Environmental Policy Act may iznpose such conditions as necessary to adequat�ly protect the public health, s�fety and general welfare. 5-3607 Appeal from Denial or Conditions A. When the Finance Director refuses to grant a licPnse, or grants a license with conditions, the City sha11 notify the applicant in writing of the same and shall inform the applicant of his right to a hearing before the Hearing Examiner 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 Hearing Examiner . B. If the applic�nt timely files a notice of appeal , the applicant shall be afforded a h��ring before the Hearing Examiner at which time the applicant sh�ll be af_forded an opportunity to show that the conditions imposed are without merit or that the reasons for denial of the license do not justify the denial. After the hearing the Examiner sha11 determine whether the 4 ORDINANCE N0. 4075 applicant has shown reason to revise th� conditions or to issue the license and shall make its final decision. Any aggrieved party may appeal the Hearing Ex�miner ' s Decision by seeking, within 10 days of the Examinez ' s decision, a writ of review from the King County Superior Court. 5-3608 Security Personnel Required It shall be the obligation of every person 1ic�nsed under this Chapter to insure that �n adequ�te number of qualified security peraonnel are emplayed and in attendance during and followin� each public dance as is necessary in order to maintain order and insure compliance with the laws of the State of W�shington and ordinances of the City of Renton. Qualified security personnel shall includ� at least two persons trained as law enforcement p�rsonnel which may include off duty police officers approved by the Polic� Chief. At no time shall fewer than 25� of tne security personnel have training as law enforcement personnel or similar training when approved by the Police C�ief. Those s�curity personnel not having law enforcement training must have received formal training in crowd control by an agency not associated with the licensee. The Police Chief of the City of Renton shall have the right to requirP an increase in security personnel if the Chie= believes the extra sPcurity is necessary because of past incidents at the dance hall which threaten public safety, health or welf�re, or threats �r evidence of future incidents that threaten public safety health or welfare. Any decision of th� Chief to require extra security personnel m�y be appealed to the H�aring Exarniner in the manner described in Section 5-3607. 5-3609 Litter Control - Security for Cleanup A. Prior to issuance of any public d�nce license a cash security deposit in the amount of $200 shall be submitt�� to the City Clerk �s security for th� 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 d�nce conducted by the licensee within twenty-four hours of the end of the dance, the City may cause such litter to be cleaned up an�? pay the costs of the clean up out of the security funds. Litter resultinc� from the public dance sha11 be limited to that occurring within a one block radius of the location of the dance unless clearly identified to the dance. In the event tk�� 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 expen�led out of a security 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 5 ORDINANCE N0. 4075 � ' of the full security deposit. No renewal license shall be issued unless the full amount �f the security deposit for litter clean up is on daposit with the City at the time of the applicaLion for renewal. If funds sufficient to replenish the fund are not received within 5 �ays of receipt of written notice then the dancehall license shall be suspended until sufficient funds are received . Within the 5 d�ys of receipt of notice of deficiency, the dancehall licensee may inform the Fin�nce Direct�r in writing of circumstances justifying non payment of additional funds which inf�rm�tion shall be considered by th� Finance Director and the licensee shall not be suspended if the non payment is justified. C. If the funds for �ecurity for cleanup are fully expended within any one week , or if the funds for cleanup f_all 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 on� week expenditure for cleanup during the prior year . . D. Upon termination of all activities authorized by a public dance license and clean up of a11 litter resulting from such activity, the remainder of all funds deposited as security for litt�r clean up shall be refunded to the licensee, without int�rest. 5-3610 Loit�ring on Premis�s Prohibited It shall be the obligation of each person issued a license under this Ch�pter to us� best efforts to prevent loitering of all persons on the pr�mises of the dance hall, including all parking lot an3 driveway areas used by patrons of the dance hall . "Loitering" shall not include walking between the entrance to the public dance and parked vehicles, n�r shall it inclu�e the act of waiting in lin� to gain admission to the dance. "Loitering" shall also not include w�iting to be admitted to the dance hall when such waiting occurs in an area dedic�ted or reserved far such w�iting. 5-3611 Area for Waiting for Admission Entrance and Security A. Any dance hall shall provide an area, which area is not 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 re�sonably likely to obtain admission to the dance hall within 30 minutes considering the normal r�te of turnover of �atrons 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 th� Fire Code and Fire Marshall . The dance hall operatar sha11 provide security personnel to control the � 0 ORDINANCE NO. 4075 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 w�iting area from congregating on the public right-of- way and sidewalks , and the security personnel s�all require such persons to leave ths property und�r control at the dance hall. B . All persons a�mitted to the dancehall shall be admittQd through a single entrance where the occupancy load can be monitored. C . The management of any danc�hall shall prohi�it any person under the influence of intoxicants or drugs from entering the dancehall and shall �xp�l any person under such condition if found within the premises. 5-3612 Revocation or Suspension of Lic�nse A. After giving notice to the licensee of the right to � hearing pursu�nt to the procedur�s 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 pursu�nt to this chapter where one or more of the following conditions exist: 1 ) The license was procured by fraud or f�lse representation of materi�l 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 standazds of the applicable health , zoning, building, fire and safety laws and ordinances of. the Stat� of Washington, Ring County , and the City of Renton, or the requirements of this chapter ; 3 ) The applicant or any of the applicant' s offic�rs , directors, partn�rs, operators, or with th� applicant' s actual or imputed knowledge employees or any other person involved in the operation of the dance or dance ha�l has been convict�d within the last five years of: a) A felony involving a crime of_ violence (as defin�d in RCW 9. 41. 010 (2 ) as it now exists or as hereafter amended ) or �ny felony under RCW Chapt�rs 9A.44, 9A. 64, 9A. 88 or 59. 50 ; or b) A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juv�nile. 7 ORDINANCE NO. 4075 4 ) Th� licensee or his employee, agent, �artner , director , officer or manager has knQwingly 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 69. 50 to occur in or upon the dance hall premises; b) A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or ass�ult on a juvenile to occur in or upon the dance hall premises; c) Any unlawful act of sexual intercourse, sodomy, oral copulation, or masturb�tion to be committed in or upon the dance hall premises; or d) The dance h�ll premises to be used a� a pl�ce in which unlawful solicitations for sexual intercourse, sodomy, �ral 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 f) The giving or sunplying of liquor to any person under the age o£ twenty-one years; or g) The use by any pers�n in or upon the dance hall premises of marijuana, cocaine or any other controlled substance (as defined in RCW �9. 50 . 101 (d) as now �xists 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 place� 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 R2nton. j ) Any person under the influence of intoxicants or drugs onto or to remain within the premise�. B. If thP Finance Director finds that any of the conditions set forth in this Chapter exists and that the existence of such condition constitutes a threat of immediate and 8 ORDINANCE N0. 4075 s�rious injury or damage to person or property, and in the case of conditi�ns 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 und�r this Chapter without prior o�portunity to be heard, in which event the licensee shall be entitled to appeal the decision to the Hearing Examiner in accordance with 5-3607 of this chapter . ThP 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 or damage to persons or property, and shall also inform the applicant of his right to appeal within ten (10 ) days of the date of the notice by filing a written notice of appeal which contains a statemPnt of the reason� for the appeal with the City Clerk. C. Revocation of any license issue� under this Chapter shall be accomplished pursuant to Section 5-3607. D. Any decision of the Finance Dir�ctor to revoke or suspend a dance ha11 license may be appealed to the Hearing Examiner within 10 �ays of the Finance Director ' s decision. The appellant shall pay a $75. 00 fe� as a condition of filing such appeal. E. Any aggrieved party may appeal the Hearing Examiner ' s decision rendered under parts B. an� D. of this section, by seeking, within 10 days of the Examiner ' s decision, a writ of review from the King County Superior C�urt. 5-3613 Age Restrictions. A. No person con�ucting a public dance or maintaining a public dance h�ll shall knowingly allow persons und�r the age of sixteen year� to ent2r or remain in the dance hall without a parent or legal guardian present. B. It is the responsibility of the person conducting and/or operating a public dance to require identification showing the age of each persQn admitted. A valid Washington State Drivers License or photo identification card issued by the Washin�ton State Department of Licensin� sha11 be the only acceptable forms of proof of age. C . Every person who kn�win�ly or recklessly allows a person to enter or remain in violation of this section shall be guilty of a misdemeanor . D. Any person who a�Firmatively misrenresents his or her age to obtain admission to or permission to remain in any 9 ORDINANCE N0. 4075 public danc� in violation af this chapter shall be guilty of a misdemeanor. 5-3614 Hours of aper�tion No public dance hall to which any person undQr the age of 18 years may be admitted shall be operated past the hour of 12: 00 midnight on any school night. No public dance snall be operated past the hour of 2: OQ a.m. on any other d�y. For the purpose of this Sectian, th� term "school night" means any night preceding a day upon which public schools within the City of Renton are scheduled to operate. 5-3615 Public D�nce - Readmission Fee. �o person conducting or operating a public dance or public dance hall shall permit any p�rson, other t�an an employee, to leave the dance or dance hall and return unl�ss that person pays a readmission fee �qu�l to the original price of a�mission. 5-3616 Access - By Police and Fire Officers. Al1 police and fire officers of the City of Renton 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 chaptez and other applicable City, County and State health, zoning, building, fire and safety ordinances and laws. 5-3617 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 oth�r locations or to other persons. 5-3618 Applicability. All dance halls require� to be licensed 'oy this ordinance within the City of Renton sha11 be regulated by the provisions of this chapter , regardless of whether a public dance licens� or business license was obtained from the City prior to or after the effective d�t� of the ordinance codified in this chapter . SECTION II : Severabilit� 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 unconstitu- 10 � , . , . , ORDINANCE N0. 4075 tionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION III : This ordinance shall taka effect and be in full force thirty ( 30 ) days af'ter the dat� of publication. P.ASSED �Y THE CITY COUNCIL THIS 22nd day of June , 1987• ��,�����2��.�-� Maxine E. Motor , City Clerk APPROVED BY THE MAYOR this 22nd day of June , 1987 �ca�. � . ��, Barbara Y. Shinpo h, Mayor Approv d as to form: C;Y���/`•T"'I�Y- Lawrence J. Warrek�,,/ City Attorney Dat� of Publication: June 26, 1987 city/20: 3/18/87 :nd 11