Section 450 – DANCE HALLS – LICENSING OF LIVE MUSIC
450.01 Dance Hall Defined. A public dance hall as the term is used in this Section 450 shall be taken to mean any room, place, or space open to public patronage in which dancing, wherein the public may participate, is carried on and to which admission may be had by the public by payment either directly or indirectly of an admission fee or price for dancing.
450.05 Policy. It is the intent and purpose of this Section 450 to establish regulatory procedures to prevent the use of trickery, artifice, device, subterfuge, or evasion to circumvent the declared policy of the State of Minnesota and this Section for the preservation of health, safety, and repose of the public during the conduct of public dances and dancing.
450.10 Definition. The term "public dancing place" shall mean any place in which dancing may be or is carried on, other than a private residence or a bona fide private club. The term "public dance" shall mean every dance held in a public dancing place wherein the public may participate by payment of an admission fee or price, either directly or indirectly, for dancing. (ORD. 47-1991 - 6-10-91)
450.15 Dance Permits Required. No public dance shall be held or conducted without first having obtained a dance license approved by the City Council.
450.20 Clubs, Lodges, Societies. The City Council may in its discretion permit any lodge, society, or club, not organized and maintained for profit, to conduct public dances without being licensed as herein provided, if said dances are given only where the lodge members or members of the society or club are the only patrons, or where such members may have personally invited guests to attend.
450.25 REPEALED. ORD. 47-1991. 6-10-91.
450.30 Obscenity and Profanity Prohibited. No person shall speak in an obscene, profane, or indecent manner, nor shall any person or persons to whom a dance license or live music license is issued allow or suffer any person or persons to act or speak in an obscene, profane, or indecent manner as established by law, or inconsistent with contemporary society's mores.
450.35 Clamorous Noises Restricted.
Subd. 1. No person shall blatantly shout, yell, hoot, whistle, or sing, nor shall any licensee allow the protracted playing or clamorous music, either un-amplified or amplified, either live or by mechanical means, which will disturb the peace, comfort, and repose of persons beyond the immediate environs of the place in which the dance or live music concert is being conducted. (ORD. 47-1991 - 6-10-91)
Subd. 2. Musical noise shall be muffled or inhibited by proper acoustical barriers or devices, or controlled so as not to become objectionable beyond the immediate environs of the area in which the dance or live music concert is being conducted. (ORD. 47-1991 - 6-10-91)
450.40 Public Health and Safety. The building or place in which a public dance or live music concert is to be held must conform to all State statutes and City ordinances relating to public health, safety, and zoning.
450.45 Lighting. Lighting of sufficient intensity shall be provided to permit unimpaired vision to and in all sections of the building or place in which any public dance or live music concert is conducted.
450.50 Off Street Parking. In the case of any license issued pursuant to this Section 450, off street parking shall be provided in the ratio of one parking space for each three seats available in the licensed establishment. Each parking space shall be a minimum of 9'0" x 20'0" (180 square feet).
450.55 Musical Concerts - Permits Required. Music played by other than mechanical or electronic means, commonly referred to as live music, except piano bars, and not accompanied by dancing is prohibited in any place of business in the City unless a license shall have been obtained therefore. The license fee shall be the same as that set or public dancing. The playing of music beyond the hours established for dancing is prohibited. Any license required by this Subsection 450.55 shall be in addition to, and not in lieu of, any license which may be required under Section 482.
450.60 Permits.
Subd. 1. Fees. Any person desiring a permit under this Section 450 shall make application on a monthly basis on official forms provided by the City Clerk and filed no later than five days prior to the first scheduled Council meeting of each month. Each application for a public dance or the playing of live music shall be accompanied with a per diem fee as established in accordance with the provisions of Section 500 of the City Code. The Council may issue an annual license; the fee shall be as established in accordance with the provisions of Section 500 of the City Code. (ORD. 01-2001, 2/25/01)
Subd. 2. Delinquent Taxes. No license shall be granted for any public dance or live musical concert to be conducted in any building within the City for which taxes, special assessments, or other financial claims of the City are delinquent and unpaid.