6799-01
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ORDINANCE NO. 6799-01
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA RELATING TO DANCE HALLS, CREATING
A NEW ARTICLE III IN CHAPTER 21, CODE OF
ORDINANCES; CREATING SECTION 21.40,
PROVIDING DEFINITIONS; CREATING SECTION
21.41, REQUIRING A PERMIT; CREATING SECTION
21.42, PROVIDING FOR REQUIREMENTS FOR A
PERMIT; CREATING SECTION 21.43, PROVIDING
FOR INSPECTIONS; CREATING SECTION 21.44,
PROVIDING FOR ANNUAL PERMITS AND FEES;
CREATING SECTION 21.45, PROVIDING FOR
RENEWAL OF PERMITS AND FEES; CREATING
SECTION 21.46, PROVIDING THAT PERMITS SHALL
NOT BE TRANSFERABLE; CREATING SECTION
21.47, PROVIDING GROUNDS FOR SUSPENSION OF
PERMITS; CREATING SECTION 21.48, PROVIDING
GROUNDS FOR REVOCATION OF PERMITS;
CREATING SECTION 21.49, PROVIDING FOR
APPEALS; CREATING SECTIONS 21.50-21.53,
IMPOSING OPERATIONAL REQUIREMENTS ON
DANCE HALLS; PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City Commission of Clearwater has considered the evidence
presented to the Tampa City Council on July 16, 1998, during which Tampa's
ordinance regulating adult and juvenile dance halls was adopted;
WHEREAS, that evidence demonstrates that late night and all night dance
halls and similar forums of assembly commonly referred to as "raves" are sites for
the sale, possession and use of illicit drugs;
WHEREAS, raves expose drug activity to uninitiated youth, and such
exposure to drug activity occurring at such raves is found to result in drug addiction,
overdose and death of both juveniles and adults;
WHEREAS, raves provide an arena for predatory-type sexual crimes;
therefore, for the protection of our youth, juveniles should not congregate in such
social settings with adults. The regulation of raves is also necessary for the
protection of adult victims of such crimes;
WHEREAS, raves are often times the sites for violent criminal activity, as well
as street gang activity as defined in Florida Statutes Chapter 874;
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WHEREAS, the dangerous criminal activity occurring at such raves occurs
predominately in the late night/early morning hours;
WHEREAS, the actions of rave patrons entering and exiting dance hall
establishments have a detrimental effect on nearby residential and commercial
properties in terms of excessive noise, traffic and debris; and such impacts are
exacerbated by the fact that rave patrons enter and exit such raves at extraordinarily
late night/early morning hours when citizens have a reasonable expectation of peace
and quiet;
WHEREAS, the above-referenced problems associated with raves are unique
and specific to such dance hall establishments and are not prevalent in other types
of unregulated places of assembly;
WHEREAS, it is the intent of the City Commission to address the unique
problems associated with raves by implementing dance hall regulations for both
juvenile and adult dance halls to prevent dance hall contact between juveniles and
adults so as to prevent and/or reduce illicit or undesirable juvenile involvement and
exposure to illegal drugs and dangerous criminal activity, and further to protect both
juveniles and adults from criminal activity that occurs at such raves; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article III of Chapter 21, containing Sections 21.40 - 21.53, Code
of Ordinances, is created to read as follows:
ARTICLE III. DANCE HALL PERMITS AND REGULATIONS
DIVISION 1. DEFINITIONS GENERALLY
Sec. 21.40. Definitions.
For the purpose of this article, certain terms shall have the meanings ascribed to
them in this section, unless the context clearly indicates otherwise.
Adult dance hall means any dance hall whose patrons or admittees are 18 years of
age or older.
Conviction or convicted means the finding of guilt for a violation of a municipal or
county ordinance or state or federal law, adjudication withheld on such a finding of
guilt, an adjudication of guilt on any plea of guilty or nolo contendere or the forfeiture
of a bond or bail when charged with a violation of a municipal or county ordinance or
state or federal law .
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Dance hall means any place, area or property operated as open to the public which:
(1) Has music either live or electronically produced or transmitted music;
and
(2) Has space available for dancing or dancing is permitted whether such
dancing takes place or not; and
(3) Allows admission by payment of a direct or indirect charge, fee,
donation, or any form of consideration, or by the purchase, possession or
presentation of a ticket or token; and
(4) Is not licensed for the sale of alcoholic beverages.
Notwithstanding the foregoing, a "dance hall" as defined herein, does not include:
a. A private residence or residential facility from which the general public
is excluded;
b. A place owned and operated by the federal, state, or local
government;
c. A public or nongovernmental educational facility, college, or university;
d. A place owned and operated by a religious organization, created,
organized, existing and recognized as such pursuant to all applicable laws;
e. An adult use establishment lawfully established, existing, permitted
and licensed under the provisions of this Code; or
f. A "ballroom dance studio" as defined in F. S. 501.143.
Juvenile dance hall means any dance hall whose patrons or admittees are under 18
years of age.
Knowingly means with actual knowledge of a specific fact or facts, or with
reasonable inquiry a reasonable person should have known a specific fact or facts.
Permit means a permit to operate a dance hall issued hereunder.
Permitee means a person in whose name a permit to operate a dance hall has been
issued, as well as all individuals listed as an applicant on the application for a permit.
Person means an individual, partnership, corporation, association, or legal entity.
DIVISION 2. PERMITS GENERALLY
Sec. 21.41. Permit required; application for permit.
(1) No person may operate a dance hall without the permit required by this
article.
(2) A notarized application for a permit shall be accompanied by a $50
application fee and shall be made on a form provided by the chief of police. The
applicant must be qualified according to the provisions of this article.
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(3) The applicant shall indicate whether the application is for a juvenile dance hall
or an adult dance hall.
(4) A person who wishes to operate a dance hall shall sign the application for a
permit as applicant. If a person who wishes to operate a dance hall is other than an
individual, each partner, officer, director, or stockholder who has a direct,
managerial, supervisory, or advisory responsibility over the operation of the business
must be identified in and sign the application for a permit as an applicant. Each
applicant must meet the requirements of this article.
Sec. 21.42. Requirements for issuance of permit.
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(1) The chief of police shall approve the issuance of a permit within 35 days after
receipt of a completed application and fee unless the chief of police finds one or
more of the following to be true:
(a) An applicant is under 18 years of age.
(b) An applicant has failed to answer or falsely answered a question(s) or
request for information on the application.
(c) An applicant has failed to obtain approval from the fire marshal that
the dance hall complies with all applicable provisions of the fire code.
(d) An applicant has failed to obtain approval from the Community
Development Coordinator that the dance hall complies with all applicable provisions
of the Land Development Code.
(e) An applicant has been convicted of a violation involving one of the
following offenses unless more than five years have elapsed since the date of
conviction or the date of release from confinement or supervision imposed for the
conviction, whichever is the later date, if the conviction is for a felony offense, or
unless more than two years have elapsed since the date of conviction or the date of
release from confinement or supervision imposed for the conviction, whichever is the
later date, if the conviction is for a misdemeanor offense or ordinance violation:
1 . Any felony,
2. Any offense contained in Florida Statutes Ch. 784, Assault;
battery; culpable negligence; Ch. 787, Kidnapping; false imprisonment; luring
or enticing a child; custody offenses; Ch. 790, Weapons and firearms; Ch.
794, Sexual battery; Ch. 800, Lewdness; indecent exposure; Ch. 812, Theft,
robbery, and related crimes; Ch. 827, Abuse of children; Ch. 837, Perjury; Ch.
856, Drunkenness, open house parties; loitering; prowling; desertion; Ch.
859, Poisons; adulterated drugs; Ch. 870, Affrays; riots; routs; unlawful
assemblies; Ch. 874, Street terrorism enforcement and prevention; Ch. 877,
Miscellaneous crimes, or Ch. 893, Drug abuse prevention and control, as said
Chapters currently exist or may be amended from time to time, or any
comparable or similar statute of another state, or similar municipal or county
ordinance or federal law, or
3. Any violation of dance hall regulations of any other city, county
or state.
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(2) The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant. An applicant who has been convicted of an offense
listed in this subsection may qualify for a permit only when the required time period
has elapsed.
(3) The application shall be reviewed by the police department, the fire
department and the Community Development Coordinator for compliance with the
provisions of this Code. Review shall be conducted and completed by the Fire
Department and the Community Development Coordinator within 30 days from the
receipt of the application by the chief of police, and their comments immediately
forwarded to the chief of police for consideration in issuance of the permit in
accordance with the provisions hereof.
(4) The chief of police shall notify the applicant in writing of the approval or
denial and, if approved, state where the applicant must pay the $100 permit fee and
obtain the permit. The chief of police's approval of the issuance of a permit does not
authorize the applicant to operate a dance hall until the applicant has complied with
all other requirements of the City Code and obtained possession of the permit
required hereunder.
(5) The permit shall state on its face the name of the person or persons to whom
it is granted, the expiration date, the address of the dance hall, and whether it is
issued for a juvenile dance hall or adult dance hall.
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(6) The permit must be posted in a conspicuous place at or near the main
entrance to the dance hall so that it may be easily read at any time.
Sec. 21.43. Inspection.
(1) Application for, and issuance of, any permit shall constitute consent by the
permittee for the fire marshal, Community Development Coordinator or police
officers to enter and inspect the premises of the dance hall at any time it is open for
business or occupied for the purpose of verifying compliance with the law.
(2) No person who operates a dance hall or the dance hall supervisor shall
refuse to permit a lawful inspection of the premises of a dance hall at any time it is
open for business or occupied.
Sec. 21.44. Permits.
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All permits shall be annual permits, which shall commence running on
October 1, on which date the $100 permit fee shall have been paid for, and shall
expire on September 30 of the following year. If a permit is issued after October 1 ,
but by March 31 of the following year, the applicant shall pay the annual permit fee of
$100. If a permit is issued after March 31, but before October 1 of the same year,
the applicant shall pay one-half the annual permit fee.
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Sec. 21.45. Renewals.
(1) Permits shall be renewed annually. An application for renewal shall be
submitted updating the information supplied with the latest application or certifying
that the information supplied remains unchanged, and the applicant shall pay the
annual $100 permit fee.
(2) An application for renewal of a permit may be denied if updated
information provided in the application indicates that one or more of the individuals
required to be listed pursuant to this article were not listed in the original application
and their existence in the original application would have resulted in a denial of the
application.
(3) An application for renewal of a permit may not be denied where the
individuals required to be listed pursuant to this article were listed in the original
application and, subsequent to issuance of the permit, were convicted of an offense
which would have resulted in a denial of the application. Such convictions shall be
addressed through the revocation procedures contained in section 21.48.
Sec. 21.46. Transfer of permit.
A permittee shall not transfer a permit to another person. A permittee shall
not operate a dance hall under the authority of a permit at any place other than the
address designated in the application.
Sec. 21.47. Suspension.
The chief of police shall suspend a permit for a period of time not exceeding
30 days if the chief of police determines that a permittee or an employee of a
permittee has committed anyone or more of the following acts:
(1) Convicted of violating any provisions of this article;
(2) Engaged in the use of alcoholic beverages on the dance hall premises;
(3) Refused to allow an inspection of the dance hall premises so
authorized in this article;
(4) Knowingly permitted a person under the influence of alcohol or
controlled substances to remain on the premises;
(5) Knowingly permitted gambling by any person on the premises;
(6) Knowingly permitted the possession, consumption, or sale of an
alcoholic beverage on the premises; or
(7) Convicted three or more times of violating any provisions of the City's
or Pinellas County's noise ordinance on the premises when three of the violations
occurred within any 12-month period.
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Sec. 21.48. Revocation.
(1) The chief of police shall revoke a permit if the chief of police determines that
one or more of the following is true:
(a) A permittee has given false or misleading information in the material
submitted to the chief of police during the application process.
(b) A permittee or an employee has knowingly allowed possession, use,
or sale of controlled substances or any derivative thereof on the premises.
(c) A permittee or an employee knowingly permitted dancing or a live
performance during a period of time when the permit was suspended.
(d) A permittee has had a permit suspended for the second time within
any 12-month period.
(e) A permittee has been convicted of a felony offense while holding a
permit.
(2) When the chief of police revokes a permit, the revocation will continue for one
year. The permittee may not be issued any permit hereunder for one year from the
date the revocation became final.
Sec. 21.49. Appeals.
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If the chief of police denies the issuance or renewal of a permit or suspends
or revokes a permit, the chief of police shall send to the permittee, by certified mail
return receipt requested, written notice of the action and the right to an appeal. The
permittee may appeal the decision of the chief of police to the city manager by
submitting a written request to the city clerk within 30 calendar days after the chief of
police mailed the written notice. The filing of an appeal stays the action of the chief
of police in suspending or revoking a permit or denying a renewal until the city
manager makes a final decision. The city clerk shall set a date for the hearing within
30 calendar days from the date the written request is received. The city manager
shall hear and consider evidence offered by any interested person to determine
whether the chief of police properly denied issuance or renewal of a permit, or
properly suspended or revoked the permit in accordance with the provisions of this
article. The city shall have the burden of proof by the preponderance of the
evidence, and the permittee shall have the right to cross examine any of the City's
witnesses. A written decision of the city manager to affirm or overrule the decision of
the chief of police shall be filed with the city clerk and mailed to the permittee within
10 calendar days of the hearing and shall be final and conclusive, subject to judicial
review by common law certiorari in the circuit court for the county. The city manager
may delegate the authority to hold a hearing and to decide an appeal to a deputy city
manager or an assistant city manager, whose decision shall be as final and
conclusive as if made by the city manager.
DIVISION 3. OPERATIONAL REQUIREMENTS
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Sec. 21.50. Persons under eighteen prohibited in adult dance hall.
(1) No person under the age of 18 years may enter an adult dance hall unless
accompanied by a parent or guardian.
(2) No person shall falsely represent himself to be either a parent or guardian of
another person under the age of 18 years for the purpose of gaining the other
person's admission into an adult dance hall.
(3) No permittee or employee of an adult dance hall shall knowingly allow a
person under the age of 18 years not accompanied by a parent or guardian to enter
or remain on the premises of an adult dance hall.
(4) No permittee shall maintain or operate an adult dance hall without posting a
sign at each entrance that reads: "It is unlawful for any person under 18 years of
age to enter the premises without a parent or guardian."
Sec. 21.51. Persons age eighteen and over prohibited in juvenile dance
hall.
(1) No person age 18 or over may enter a juvenile dance hall.
(2) No person shall falsely represent himself to be under age eighteen (18) for
. the purpose of gaining admission to a juvenile dance hall.
(3) No permittee or employee of a juvenile dance hall shall knowingly allow a
person age 18 or over to enter or remain on the premises of a juvenile dance hall.
(4) No permittee shall maintain or operate a juvenile dance hall without posting a
sign at each entrance that reads: "It is unlawful for any person age 18 or over to
enter this premises. "
(5) The following persons shall be exempt from the prohibition in this section:
(a) A permittee or employee of the dance hall;
(b) A parent or guardian of a person inside the dance hall; or
(c) A governmental employee in the performance of official duties.
Sec. 21.52. Hours of operation.
(1) No person shall operate a juvenile dance hall during any hours other than
4:00 p.m. to 11 :00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or
Thursday, and from 4:00 p.m. on Friday to 12:01 a.m. of the following day, and from
1:00 p.m. Saturday to 12:01 a.m. of the following day.
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(2) No person shall operate an adult dance hall during any hours other than from
1 :00 p.m. to 2:00 a.m. of the following day.
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Sec. 21.53. Public Safety.
(1) Security. The following security shall be provided at all dance halls at the
permittee's expense:
(a) Exterior security officers consisting of extra-duty, sworn law
enforcement officers of a number as determined necessary by the chief of police
which number shall not be less than two.
(b) Two immediately adjacent establishments may utilize the same
officers if said arrangement is approved by the law enforcement agency assigning
said officers.
(c) Exterior security officers shall only be required if the number of
occupants exceeds 200.
(d) When required, exterior security officers shall be provided during the
hours the dance hall is open for business.
(2) Supervisor.
(a) The permittee shall designate a person as the dance hall supervisor
. and shall register that supervisor's name with the chief of police.
(b) The dance hall supervisor shall meet requirements set forth in this
article for applicants.
(c) The dance hall supervisor shall remain on the premises of the dance
hall during all hours of operation and until 30 minutes after closing to ensure that the
. dance hall is operated in accordance with this article and all other City Codes.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
May 3, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
May 17, 2001
Lj/A.
Brian J. Afigst ..
Mayor-Commissioner
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Approved as to form:
Attest:
~c,fL.
Cy t ia E: Goudeau
City lerk
ODD
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Ordinance No. 6799-01