16. Dance Halls And Cabarets
DANCE HALLS AND CABARETS
5-16-2: LICENSE REQUIRED
5-16-3: LICENSE APPLICATION
5-16-6: LICENSE DENIAL, CANCELLATION, SUSPENSION OR REVOCATION
5-16-8: PROHIBITED ACTS
5-16-9: MANAGEMENT AND SUPERVISON
5-16-10: OCCUPANCY LIMITS
5-16-11: SECURITY GUARDS
5-16-12: HOURS OF OPERATION
5-16-1: DEFINITIONS: (1959 3563) The following words, terms, and phrases, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:
“Dance Hall” shall mean any commercial premises designed for public dancing and that includes one (1) or more designated dance floors, but excluding commercial dance studios designed and used primarily for dance instruction.
“Cabaret” shall mean a dance hall that is licensed for the sale of fermented malt beverages or malt, vinous or spirituous liquor.
“Dance Hall” and “Cabaret” shall not include any adult businesses as defined by Section 5-17-2, W.M.C., and the issuance of any license to any dance hall or cabaret pursuant to this Chapter shall not be deemed or construed as authorizing any such adult business.
5-16-2: LICENSE REQUIRED: (1959 3563) It shall be unlawful for any person to operate any dance hall or cabaret without first obtaining a license pursuant to this Chapter.
5-16-3: LICENSE APPLICATION: (1959 2229 3563)
(A) The applicant for a license shall submit a verified application to the City Clerk on forms provided by the City Clerk. The application shall include a floor plan for the interior of the premises to be licensed, which shall include a drawing that shows the dimensions and location of the stage and dance floor, a copy of the lease or other evidence of the applicant's right to possession of the premises, information regarding the zoning of the location of the premises, and the fee required by this Chapter.
(B) The application shall be reviewed by the City Manager, who, within twenty (20) days after receipt of the application and after such additional investigation as he may deem necessary, shall schedule a public hearing before the Special Permit and License Board. If the applicant is simultaneously applying for a license to sell fermented malt beverages or alcoholic beverages for consumption on the premises, the public hearings shall be consolidated.
(C) Notice of such hearing shall be mailed by the City Clerk to the applicant not less than ten (10) days before the hearing date. Notice of such hearing shall also be given by publication in a newspaper of general circulation in the City once, not less than ten (10) days prior to the hearing date and by posting a notice of the hearing upon the premises for at least ten (10) days prior to the hearing. Publication and posting shall be done by the City Clerk.
(D) After such public hearing, the Special Permit and License Board shall grant or deny the license and may place reasonable conditions upon the license.
(E) In determining whether to grant or deny the license, the Board shall take into consideration:
(1) The character of the applicant;
(2) The applicant's prior experience and qualifications to operate such a business;
(3) Traffic volume and adequacy of parking and access;
(4) The potential effect of the business on the peace of the neighborhood, including off-site noise and light;
(5) Compliance of the structure with all applicable zoning and building regulations;
(6) Police activity in comparable businesses;
(7) The proposed size and character of the business in relation to surrounding land uses; and
(8) The reasonable requirements of the neighborhood and the desires of its inhabitants.
5-16-4: FEES: (1959 3563)
(A) All original applications shall be accompanied by a four hundred and fifty dollar ($450) non-refundable application fee to defray the cost of reviewing and evaluating the application. If the applicant is simultaneously applying for a license to sell fermented malt beverages or alcoholic beverages for consumption on the premises, and the public hearings are consolidated, the application fee shall be one hundred dollars ($100).
(B) The annual license fee thereafter shall be one hundred dollars ($100), payable at the time of filing the application for renewal.
5-16-5: RENEWAL: (1959 2229 2574 3563)
(A) All dance hall licenses issued pursuant to this Chapter shall expire one (1) year from the date of issuance, unless cancelled, suspended or revoked, and shall be renewed annually upon application for renewal and payment of the required fees.
(B) Cabaret licenses issued pursuant to this Chapter shall expire concurrently with the expiration of the fermented malt beverages or alcoholic beverages license issued to the establishment, unless cancelled, suspended or revoked, and shall be renewed annually upon application for renewal and payment of the required fees.
5-16-6: LICENSE DENIAL, CANCELLATION, SUSPENSION OR REVOCATION: (1959 2229 2574 3563) A license may be denied, cancelled, suspended or revoked for any reason stated in Chapter 1 of this Title and any violation of the provisions of this Chapter.
5-16-7: TRANSFERS: (1959 2229 3563)
(A) An application for a transfer of ownership or location of a dance hall or cabaret license shall be submitted on forms provided by the City Clerk, together with a non-refundable application fee of two hundred and fifty dollars ($250).
(B) No transfer of ownership or location of a cabaret license shall be approved except in conjunction with the transfer of the associated fermented malt beverage or alcoholic beverage license.
(C) An application for transfer of ownership or location of a dance hall or cabaret license shall be referred by the City Clerk to the Police Department for investigation. Following said investigation, the City Clerk may approve the transfer, or refer the matter to the Special Permit and License Board, in which case the Special Permit and License Board shall consider the matter at a public meeting, and may approve the transfer or may schedule a public hearing.
(D) Should a public hearing be scheduled on an application for transfer of ownership or location of a dance hall or cabaret license, any interested party may appear and be heard. For a proposed transfer of ownership, the Special Permit and License Board shall consider only the character of the transferee, and, in the case of an application for a transfer of a cabaret license, whether the requirements of this Code and State statute for the transfer of the ownership of the associated fermented malt or alcoholic beverage license have been met.
(E) For a proposed transfer of location, the criteria for approval shall be the same as for an original application as set forth in Section 5-16-3(E), W.M.C.
5-16-8: PROHIBITED ACTS: (1959 2398 2614 3563)
(A) It shall be unlawful for any licensee or his agent knowingly to do or to permit any of the following acts on the premises of any premises licensed pursuant to this Chapter, or on any parking lot, street or sidewalk adjacent to the premises.
(1) It shall be unlawful for a dance hall or cabaret licensee to install, maintain or operate, or permit the installation, maintenance or operation of, within or upon the licensed premises, any gambling table, device, machine, apparatus or other thing contrary to this Code or to the laws of this State, or that is kept or used for the purpose of gambling, either directly or indirectly. The licensee is hereby specifically charged with knowledge of and made responsible for the use of all tables, games and devices in any manner constituting a violation of this Section.
(2) It shall be unlawful for any licensee knowingly to permit any unlawful or disorderly act, conduct or disturbance to be committed by any person or group of persons upon any premises licensed hereunder.
(3) It shall be unlawful for any licensee to fail to report immediately to the Westminster Police Department any unlawful or disorderly act, conduct or disturbance committed by any person or group of persons upon any premises licensed hereunder.
(4) It shall be unlawful for any licensee to conduct any activities requiring an adult business license without having first secured an adult business license.
(5) It shall be unlawful for a licensee to operate or permit the operation of any amplified sound devices anywhere outside of the licensee’s enclosed premises in a manner that disturbs the peace and quiet of the surrounding neighborhood.
(B) MINORS RESTRICTED:
(1) It shall be unlawful for any minor to enter or remain on the premises of any business holding both a tavern liquor license and a cabaret license, or for any parent or guardian to allow the minor to do so. It shall be unlawful for a minor to use false identification to seek entry or to remain on the premises. For purposes of this subsection, a "minor" is any person under the age of twenty-one (21).
(2) It shall be unlawful for any licensee or its managers, agents, and employees to admit any minor or to allow any minor to remain on the premises of any business holding both a tavern liquor license and a cabaret license. For purposes of this subsection, a "minor" is any person under the age of twenty-one (21).
(3) Subsections (1) and (2) above shall not apply to bona fide employees of a duly licensed dance hall, nor to bona fide employees of a duly licensed tavern with a cabaret license that regularly serves meals as defined in Section 12-47-103(20), C.R.S.
(4) Subsections (1) and (2) above shall not apply to members of entertainment groups who have contracted with the licensed business, while such groups are on the premises to provide entertainment.
5-16-9: MANAGEMENT AND SUPERVISION: (1959 3563) Each licensee shall manage such premises himself or employ a separate and distinct manager on the premises of at least twenty-one (21) years of age, and such licensee or manager shall be present and responsible for the premises during all hours of operation. The licensee shall report the name of the manager to the City Clerk and shall report any change in managers within thirty (30) days after the change.
5-16-10: OCCUPANCY LIMITS: (1959 3563) The occupancy capacity of the premises shall be determined according to the requirements of this Code. There shall be posted on the premises in a place open to the view of the occupants thereof a sign stating the maximum number of occupants permitted therein at any one time.
5-16-11: SECURITY GUARDS: (1959 3563) Whenever the Police Department has repeatedly been required to investigate complaints of any disorderly conduct or disturbances at any premises licensed hereunder, the City Manager or his designee may, in his discretion, schedule a public hearing before the Special Permit and License Board in the manner provided for an original application for a license for the purpose of determining whether maintenance of licensed security guards should be required as a condition for the continuation of the license.
5-16-12: HOURS OF OPERATION: (1959 3563) Premises licensed hereunder shall open to the public no earlier than seven o'clock (7:00) a.m. and close no later than two o'clock (2:00) a.m. daily. The Special Permit and License Board may require different hours as a condition of granting the license, but in no event shall premises licensed hereunder remain open to the public later than two o'clock (2:00) a.m.