[HISTORY: Adopted by the Mayor and Council of the City of Española as Ch. 10, Art. III, Div. 2, of the Code of Ordinances. Amendments noted where applicable.]
Adult entertainment and uses — See Ch. 128.
It shall be unlawful to operate or conduct a public dance in the City without having first obtained a license therefor in accordance with this chapter.
Application for public dance licenses shall be made in conformance with this section and shall be submitted to the Chief of the Police Department. An application shall be filed with the Chief of Police at least seven days before the date on which it is proposed to conduct the public dance.
The application for a license shall set forth the following information:
The name and address and telephone number of the person seeking to conduct such dance. If the dance is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization.
The date and the hours when such dance will start and terminate.
The address and location of the building or place where the dance is to be conducted.
The approximate number of persons who it is anticipated will attend the dance.
The Chief of Police, where good cause is shown, shall have the authority to consider any application under this chapter which is filed less than seven days before the date such dance is proposed to be conducted.
No public dance license shall be issued to a person who is not a person of good moral character, nor to a corporation or organization which is not represented by a person of good moral character. It shall be the duty of the Chief of Police to make or cause to be made an investigation into the character of each applicant and report the results of such investigation to the Mayor of the City, together with his recommendations as to approval of the application.
In his report to the Mayor the Chief of Police shall also advise as to the number of security officers required to be present at the dance.
The Chief of Police must act upon the request within 72 hours from receipt, and the Mayor shall approve or disapprove the application within 48 hours from receipt from the Chief of Police.
Upon approval, the Mayor shall submit the application to the City Clerk, who shall issue a permit for the dance on payment of the required license fee.
Any person aggrieved shall have the right to appeal the denial of a public dance license to the City Council. The appeal shall be taken by notifying the City Clerk of such an appeal in writing at least eight hours before a City Council meeting. The appeal shall be heard and determined at such City Council meeting.
Any person desiring to operate a public dance hall continuously shall pay an annual license fee of $100 for a calendar year, or any fractional part thereof; and any such public dance hall shall have on duty at all times dances are permitted a security officer approved by the Chief of Police. The need for an officer may be waived by the Chief of Police.
The individual license fee for a dance conducted by a charitable or fraternal, or other nonprofit corporation, shall be the sum of $5. All other persons or organizations shall pay the sum of $25 for each public dance permit.
The person in charge of a public dance shall have the dance license upon his person during the conduct of the dance, and shall make it available at the request of any City police officer.
The person conducting a public dance shall have present at all times during the dance the number of security officers deemed necessary by the Chief of Police. All persons hired for such security work must be approved prior thereto by the Chief of Police. Payment to the security officers concerned shall be the responsibility of the person obtaining the dance license or permit.