5.05.190 - Issuance—Denial—Police and fire protection.

(1)

Issuance. Upon receipt of an application and reports relating thereto, the city administrator, before ordering the issuance of a dance permit, shall satisfy himself that the public peace, safety, health and general welfare will not be endangered or jeopardized by the issuance of such dance permit. The city administrator may impose conditions upon the issuance of dance permits to insure that dances and dancing conducted under and by virtue of such permits will be compatible with the preservation of the public peace, safety, health and general welfare. Such conditions may include a requirement that the permittee provide one or more uniformed peace officers to maintain order on the premises. The city administrator may consider any relevant factual material, including, but not limited to the proposed place or location of such dance and the character and reputation of applicant and other persons who will be involved in the conduct and operation of the dances under the permit if issued.

(2)

Denial. If the city administrator finds that the issuance of a dance permit will endanger or jeopardize the public peace, safety, health and general welfare, such issuance shall be denied.

(3)

Notice. The city administrator shall give the applicant written notice of his decision; such decision shall be final and conclusive in the absence of an appeal.

(4)

Appeal. Any applicant aggrieved by a determination of the city administrator shall have the right to appeal the same to the city council. Such an appeal shall be filed with the city clerk within ten days after the mailing of the notice of the city administrator's determination. Thereafter, the matter shall be heard by the city council at its next most convenient meeting; the hearing shall be noticed and conducted in the manner set forth in Section 5.04.290 hereof; provided that the burden of proof shall be upon the applicant to show the action of the city administrator was arbitrary, unreasonable and in excess of his authority.

(Ord. 132 §1(part), 1968).