§ 88-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PUBLIC DANCE

Any dance wherein the public may participate by payment, directly or indirectly, of an admission fee or price for dancing, or a fee for membership in a club, and shall include any manner of holding a dance which may be participated in by the public through the payment of money, directly or indirectly.

PUBLIC DANCING PLACE

Any room, place, or space open to public patronage and which dancing, wherein the public may participate, is carried on and to which admission may be had by the public by payment, directly or indirectly, of an admission fee or price for dancing.

§ 88-2. Permit required.

It shall be unlawful for any person, entity or corporation to give, hold, or conduct a public dance unless the owner or proprietor of the public dancing place or the person giving the same or in charge thereof shall have first procured a permit to hold, give, and conduct such public dance from the Kellogg City Council as hereinafter provided.

§ 88-3. Issuance of permit.

A. Any person desiring a permit to hold, give or conduct a public dance shall make application therefor by filing with the City Clerk/Treasurer a verified application setting forth:

(1) The name and address of the person, persons, committee, or organization who are to give, hold and conduct the same;

(2) The time and place for such public dances to be held; and

(3) The location of the same.

B. The application shall thereupon be presented to the Kellogg City Council at its next meeting for action. The Kellogg City Council may refer the application to the Chief of Police of the City of Kellogg or the Sheriff of Wabasha County for investigation and report for granting the same. The Kellogg City Council shall thereupon act upon the application and either grant or reject the same.

C. In the event the permit is granted, the Kellogg City Council shall fix the fee to be paid by the applicant for such permit and shall direct the Kellogg City Clerk/Treasurer or other proper officers to issue the same upon the payment of such fee. The fees for the permit shall be in such amounts as may be determined by resolution of the Kellogg City Council.

D. The permits to be issued may be issued for one or more public dances or for a period of time not exceeding one year.

E. No permit shall be issued pursuant to the terms of this chapter unless the Kellogg City Council is satisfied that the place where the public dance is to be given or held is properly ventilated and equipped with necessary toilets, washrooms, and lighting facilities and that such place is not likely to become a public nuisance.

§ 88-4. Officer to attend all public dances.

It shall be incumbent upon the person to whom such permit is issued to have an officer of the law present at every public dance to be given or held thereunder during all the time the public dance is being held. The term "officer of the law" includes licensed peace officers as licensed by the State of Minnesota or may be a private person who is designated as the officer of the law. The person designated as the officer of the law shall be the sole responsibility of the person to whom the permit has been issued and the City of Kellogg shall not be deemed to be responsible for the person's acts or conduct. As part of the permit application, the person seeking the permit shall specify what arrangements are to be made for the purpose of assuring that an officer of the law will be present at all public dances.

§ 88-5. Hours.

No public dance shall be held or conducted between the hours of 1:00 a.m. and 6:00 a.m. of any day, nor shall any public dance be held or conducted on Sunday between the hours of 1:00 a.m. and 12:00 noon thereof.

§ 88-6. Revocation of permit.

The Kellogg City Council shall have the authority, after first holding a public hearing, to revoke any permit that may have been issued upon a showing that any of the provision of this chapter has been violated.

§ 88-7. Violations and penalties.

Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor as that term is defined by Minnesota Law.