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HomeMy WebLinkAboutCC Ord 1149 1983-09-12 ORDINANCE NUMBER /149 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 11, ARTICLE I AND ARTICLE II AND RELATED SECTIONS OF THE SEAL BEACH MUNICIPAL CODE RELATING TO ENTERTAINMENT CAFES I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Chapter 7A of the Code of the City of Seal Beach, California is hereby repealed. Section 2. Chapter 11, Article I, Section 11-1 of the Code of the City of Seal Beach, California is hereby amended by amending the definition of the term "entertainment cafe" to read as follows: Entertainment cafe. The term "entertain- ment cafe" shall mean and include premises on which or in connection with which, there is entertainment consisting of instrumental entertainment by one or more musicians, singing, floor show, vaudeville, cabaret or similar entertainment, or on which, or in connection with which, there is dancing by the patrons, guests or customers of the licensee, or both such entertainment and dancing. I The term "entertainment cafe" shall also mean and include premises on which or in connection with which there is any act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons or the employ- ment or use of any person, male or female, dressed in any garment, garments or costume which because of the transparency or style of the costume or garment reveal to visual observation of any other person or persons the nipples or areola of the breast or breasts below the upper edge of the areola or any part of the pubic area or buttocks. Section 3. Chapter 11, Article II, Section 11-44 of the Code of the City of Seal Beach, California is hereby amended to read as follows: Section 11-44. Same--Entertainment Cafe. Every person conducting, managing, carrying on or engaged in the business of an entertainment cafe in the city shall pay the sum of two hundred fifty dollars per year due and payable on the first day of July of each I . Ordinance Number //~$7 year; providing that such fee shall be prorated for any period of less than one year when the license is granted subsequent to July thirty-first of each year. Such license granted by this section shall be subject to the following conditions: I (a) It shall be unlawful for any person to maintain, manage, conduct or operate any entertainment cafe within the city at any time unless during all of such time there shall be kept conspicuously posted in such entertainment cafe, and in every hall, room and dressing room connected therewith and to which the patrons thereof shall be admitted, a copy of the following rules, printed in type not smaller than nine point, which such rules are hereby fixed and established and must be observed in the maintenance, conducting or operating of any such entertainment cafe: "RULES FOR ENTERTAINMENT CAFES "I. No minor under the age of twenty-one years shall be permitted in an entertainment cafe unless accompanied by his parent or guardian. "2. Neither patrons nor entertainers shall, or be permitted to, dance or generally conduct themselves in a lewd, suggestive or sensual manner, and no lewd or disorderly person shall be permitted to enter or remain on such premises. _. .1 "3. Boisterous and/or obscene conduct of any sort is prohibited. "4. The area where entertainment is conducted shall be well lighted at all times. "5. No entertainment cafe shall remain open between the hours of 2:00 a.m. and 6:00 a.m. "6. Licensee shall be held responsible for the conduct of band members and patrons in and around the entertainment cafe premises and for the correct age of persons who are not permitted by law to attend or engage in the activities of the entertainment cafe. "7. All portions of required parking lots shall be lighted with sufficient lighting to record a light intensity measurement of 1.5 foot candles. All required parking lots shall be supervised by the permittee or his agents. I "8. No patron shall engage in and no per- mittee shall permit conduct offensive to public decency or morals or any conduct or activity which disturbs the peace and quiet of the surrounding neighbors. "g. No drinking shall take place on the dance floor nor shall any beverage be transported thereon during the time that any such dance may be in progress. Ordinance Number 1/49 "A violation of the foregoing rules is grounds for revocation of the permit and is a misdemeanor." (b) No proprietor, owner or manager of any entertainment cafe in the city where dancing takes place shall employ or allow to be employed for valuable consideration any female to dance with its patrons or other persons present at such entertainment cafes whether in the daytime or at night. It shall not, however, be unlawful for females to be employed as dance instructors when classes are organized for the sole purpose of dance instruction. Any such female who attends an entertainment cafe for the above purpose for hire or for valuable consideration shall be deemed guilty of a misdemeanor, except that this section shall not apply to persons engaged as dance instructors. I (c) All proprietors, owners, or managers shall allow any police officer of the city on duty whether in uniform or working in civilian clothes or any member of the City Councilor any officer of such city to be admitted without charge to any entertainment cafe at any time for the purpose of inspecting the conduct of those participating in the activities conducted therein and to see that the provisions of this section are being properly complied with. ,'...\" .., " .:" ;.,...(d). . Any person violating any of the prov~s~ons o~ ~his section or violating any of the rules for ,entertainment cafes set forth herein shall be deemed 'g~ilty of a misdemeanor, and upon conviction thereof shail be punishable by a fine of not more than three hundred dollars, or by imprisonment in the county jail, as,.ttie-'commi.tting magistrate may direct, for a period of no~'more. tnan three months, or by both such fine and imprisonment in the discretion of the court. I Section 4. Chapter 28, Article II, Section 28-231.1 of the Code of the City of Seal Beach, California is hereby added to read as follows: Section 28-231.1. Entertainment cafe. "Entertain- ment cafe" means and includes those premises on which or in connection with which, there is entertainment consisting of instrumental entertainment by one or more musicians, singing, floor show, vaudeville, cabaret or similar entertainment, or on which, or in connection with which, there is dancing by the patrons, guests or customers of the cafe, or both such entertainment and dancing. The term "entertainment cafe" shall also mean and include premises on which or in connection with which there is any act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons or the employ- ment or.use of any person, male or female, dressed in any garment, garments or costume which because of the transparency or style of the costume or garment reveal to visual observation of any other person or persons the nipples or areola of the breast or breasts below the upper edge of the areola or any part of the pubiq area or buttocks. I I I I Ordinance Number /149 For the purposes of this chapter the term "entertainment cafe" shall not include premises which are managed or controlled by a religious or charitable nonprofit organization for noncommercial purposes. Section 5. Chapter 28, Article XIII, Section 28-1300(6) of the Code of the City of Seal Beach, California is hereby amended by adding subsection (i) to read as follows: (i) Entertainment cafes, located within 100 feet of residentially zoned property, a church or a school. Section 6. The City Clerk shall passage and adoption of this Ordinance and be published as required by law. certify to the shall cause same to PASSED, APPROVED AND ADOPTED Seal Beach, California, at the /.;2~ day of of ATTEST: ~.Ul\\'ll.~ "o~ SEAl '~"'II =- .o..~..~" ;~~--:'O"PO'4'" ~ ~ l~~.,. 'o\'S- , "'. ~~i<~ . . . ~ O. . <~ ~ ~ .: -~ 1.,0 ..0 ~: ~~ ~" .r, 'f'.I:1,:: ~,-s.^.o.o.,. ,_'..... ."c'5 ;1.,"". n...,,_ ~C" (";"........e-".."; III\\~U Nl'l. , ..,\\"'.q......p STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the fOr~Oing ordinance is the original copy of Ordinance Number /I~ on file in the of ic of the City k, int~duced at a me ting held on the ~ day of , 1983, nd passed, a proved a adopted by the Ci Coq~c~J of the 1 of al eac at a meeting thereof held on the /C(~ day of , 1983 by the following vote: AYES: Councilmember NOES: Councilmembers ABSENT: Councilmembers and do hereby further certify that Ordinance Number //~1Z has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Q_,?JJ ( ;)~ ty Clerk Ordinance Number ~ PROOF OF PUBLICA liON (2015.5 C.C.P.l STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party 10 or interested in the above.entitled matter. I am the principal clerk of the printer of the ....... ~4.-t... ~ a newspaper of general circu I n. printed and published ...,:4<?<~........... in the City of ....~~t!I-.~ County of Orange. and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of OrZ~tate of California. under the date of. 191;.1. Case Number .Aff~51?:>; that the notice. of which the annexed Is a printed copy (set in type not 'smaller than nonpareil I. has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates. to-wit: ......~u4:...j.Qr.l.~i3... all in the yer#'19.3:1> I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at.....~~A...e..&A~L,.... California. this../..I!.:"~day of . 19 J3- .............~. ture Fr.. copies of thiS blllnk form ml, be IIcured 'ram: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 Wesl Second 5". Los Angeles. Calif. 90012 Telephone: (213) 625.2541 Pie... rique,' GENERAL Ptao' of Publlutlan whln orderinCl thl, form. This space Is for the County Clerk's Filing Stamp I Proof of Publication of .......................................................... .......~..~,~ ......~ ,., (f.I" .. __aa. --- ." , PI&JC 11II___ _.~--" __IIoIicIlClly_"~ -...-.-..----. ~22.I_II~~ :;..':.;i(;CaunoI ~ 2~' ' ~ !l.-!II"!"!"!'!.~ .':...-......: -);.... .......-"" . ...,- .";1'" ,. . 1.~P,iiaIiIsbr, --- ." 2~ Addl.lona to Noncon'orminCh ~ br Q. -. ... _ Ponni:' 3. RoquIIIng__llIl1dnIIin~ 1 _ = ... CalIogI portli EaI... _~.-' 1 4, ~"'.SpocIIIcPlon"'i. pon:odoo--_.- ~ . 5. a;a"~ .. CGfitIIaIiIr~t _1Dr__IDr_., gIouo. - '" .--- _.' nIzIIanI.'!.,.... ,-- . .. t ~n1;~~...I..;~-;... . -,--,_.' ., " .~ .- .....,-;'r " 'l\ 1 ."4 .. ~ ...;t. .. I ~TED'III831d..,iII~ I_~: .IClNIIfE.!I- YEO . , . __ _ _. { CIIy~~-~~ 'J l>' !"".....I~Ie.a.: : -~~~_.""" I I Ordi nance Number II 'i 9 PROOF OF PUBLICA liON 12015.5 C.C.P.l I STATE OF CALIFORNIA. Co,!nty of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party 10 or Interested in the above-entitled matter" I am the principal clerk of the printer of the Seal Beach Journal .................................................... .................................................... I a newspaper of general circulation. printed . weekly and published.................................. . . Seal Beach In the City of ....................... ....... "'. County of Orange. and which news- paper has been adjudged ~ newspaper of general circulation by the Superior Court of the County of Orange. State of California. under the date of.P.~.<:..... 19.?? A82583 " th h " Case Number ................. att enotlce. of which the annexed is a printed copy Iset in type not 'smaller than nonpareil). has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates. to-wit: August 31 .................................................... all In the year 19.. 83 I certify lor declarel under penalty of perjury that the foregoing Is true and correct. Dated at ....... ....~~~~..~~.~.~~............. California. this...1......day of.Se.p:t.. 19 ..IB -I,' /](!. " .........~ig~~~....... I Free co,le. of 'hll bl.nk form mlY be Hcurld from: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearing House 120 West Second St.. Los Angeles. Calif. 90012 Telephone: (213\ 625,2541 Plel,1 rIIlUI.' GENERAL PI'oolof PubllCl'lon when orderlnll thll form. This space is for the County Clerk's Filing Stamp Proof of Publication of .......................................................... Seal Beach Journal .......................................................... ~ -____--ir . ..... "'&l.,.,...tMI -'... _- -!:M'II- t~_".CIIia r....;....... ('" - .... .CIIIIiIIr.1A__ . t1 _ .CII..I:lD*.... ill ~",-,:III]iIiIIv.. :.....-..CII::':'=:: ~.-..---_... r......-. - - --.- .. ~...... - ....... teI--............CIr ..........-.-.CIIlU- , .. 'ID. AiI-. iiiI Old- ,--"...-. -__IIr"-'_: ',oAYES:._ Grga, .-. ........ v,."...... . NllE8: _ ' -- .;,0..:.__"........ '- .-... .."-* CIIy _.....CII...... ........ ~... 12. ,-' CapIaI ell QcI,__ III!!oJ!IIor "..._In.. ..CII"'-CII*.CIr-'211- -.....-: ._-~ ~..,-. DAlBllHlS _...., CII ~ .'ID. .DNEtll. WD, CIIdl oar CII... ..... _1t,'1JIII ... ...-ltln......- ........ Ordinance Number //';'9 PROOF OF PUBLICATION (2015.5 C.C.P.l STATE OF CALIFORNIA. County of Orange I am a citizen of the United States a'nd a resident of the County aforesaid; I am over the age of eighteen years. and not a party 10 or interested in the above-entitled matter. I am the principal clerk of the printer of the Seal Beach Journal .................................................... .................................................... a newspaper of general circulation. printed . weekly and published.................................. .. Seal Beach In the City of .................................. County of Orange. and which news. paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California. under the date of..?~.~.~. 19 ~?. C A82583 'th th t' ase Number ................. at e no Ice. of which the annexed Is a printed copy (set In type not 'smaller than nonpareil). has been published In each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to.wlt: ................ ..S.EHlt.... ~ J..................... all In the year 19..6.3. I certify (or declarel under penalty of . perjury that the foregoing Is true and correct , Dated at...... .~.~!'!-1 J;I!'!!l:9~................. California. this..2~....day of .Sell.1;, 19 ~~.. ............~:rhLQV~~. '\--S~ture Free cOlliel of Ihil blink form mlY be .Icured'rom: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearing House 120 Wesl Second St.. Los Angeles. Calif. 90012 Telephone: (2131625,2541 Pie..' r..uI.' GENERAL Proo'.' Publicltlon wilen orderlnClI"I. form. '\- ~ This space Is for the County Clerk's Filing Stamp I Proof of Publication of .......................................................... Seal Beach Journal .......................................................... ~ -. ......... ~ ~ 9-&-~. 1- .&. NUl JH. n.. . -'''''' BmR1'UI,~ ~ ~ 0.._......... ,'4IOJIhiea,. aI --,a---' 7A... ... ~.. r, ftt2BallIli:CiiIo ..Cllf.a1" s..I ............... tI" 1 f ~ tar..__ar~~~-...... ~ -.....---..... '1 _mont ..Ii iiIiII( __. ;w.' celved MOO"' reidIna MIl .-..: adopted by "'" SnI _ City, , CouncllOl_;:r:.,.-.gcil. ~. .."-.12..1 by,"-' vale: ..-....:.~.~ 1_ AVES:._, -__. _.v.........l I. "'_'" . ,NQES;-'" - . CapiaalGWL u ,.....r11..~ or. ovollolH Iil 1M' _ of car' CIolIl.CdyHil.m ...._~:, BMch: 11' r"_1l6 (213) 43t". "1 0ATEg.~1.~, .q1,,!! r, ".oll.o.;, 1883". "'C JQANNEII.Y ';j- '.1, .. -. . CIty CIoItI' . . Cltyol__"";;J' -- ~ SepL 21. '" .~ "1'....... 1 '~llidlo._ '.' ~ . : ..... ~."~~..., - I, I'