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HomeMy WebLinkAboutCC Ord 853 1971-08-09 .' 1 1 I ORDINANCE NUMBER~ AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, REGULATING PUBLIC AND CLUB DANCES HELD WITHIN THE CITY AND AMENDING THE CODE OF THE CITY OF SEAL BEACH BY THE ADDITION THERETO OF CHAPTER 19A ENTITLED "PUBLIC AND CLUB DANCES." THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section I. The Code of the City of Seal Beach is amended by the addition thereto of Chapter 19A enti tl ed "Publ i c and Cl ub Dances" to read as follows: Sec. 19A-1. Definitions. For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section: Cl ub dance. "Cl ub dance" shall mean any dance other than a public:crclnce or other than any dance given in a private home or residence, conducted by any club or association of persons within the city for its members or bona fide guests more often than once in any four month period attended by more than two hundred persons, at which a fee is charged, either for admission to such dance or for dancing therein or at which any collection or donation of money or anything of value is made or received or a dance sponsored by a club or association at which the amount of dues to be paid by each member is dependent upon attendance thereat by such member. Dancing academy. "Dancing academy" means a regularly established place maintained or conducted for the purpose of giving instructions in dancing, for which instructions the person maintaining or conducting the same makes a bona fide selection or choice of the persons so instructed or to be so instructed therein, and contracts specially with each person for a specified series of lessons in dancing to be given on different dates. Nonprofit club or organization. "Nonprofit club or organization" shall mean any ~claition of persons within the city organized and operated solely and exclusively for child welfare or charitable pur- poses. For the purposes of this chapter the student body of a school shall be deemed a nonprofit club or organization. Public dance. "Public dance" shall mean and include any dance not held or given in a private home or residence to which admission can be had by payment of a fee or donation or by the purchase, possession or presentation of a ticket or token or the giving of anything of value, or any dance to which a person may gain admission without invitation or any dance to which an invitation may be procured by more than two hundred persons or by anyone who cannot be identified at the time of the issuance of the invitation by the sender, or any gathering or persons upon any premises where dancing is participated in, either as the main purpose for such gathering or as an incident to some other purpose to which the public is admitted; provided, t~at the normal activities of a dancing academy shall not be considered a public dance. Sec. 19A-2. Compliance with chapter. It shall be unlawful for any person to conduct or to assist in conducting any public dance or club dance in the city otherwise than in accord with the prc:>visions of this chapter. I I I ~ Ordinance Number 'Sec. 19A-3. License to conduct public dance -- Required; exceptions. It shall be unlawful for any person to conduct-any-public or club dance in the city without first having obtained a license from the city as provided in this chapter, and complying with all regulations as set forth in this chapter applicable to such public or club dance respectively. The provisions of this chapter shall not apply to nonprofit clubs or organizations within the city, supervising or conducting a dance. whether open to the public or limited to organizational members or otherwise, upon any property owned by any state, county, or city or agency thereof, where such public entity is sponsoring or supervising such dance. Sec. 19A-4. Same -- Investigation -- Fee. Applications on forms prescribed by the city manager for a license to conduct public or club dances accompanied by an investigation fee of thirty dollars shall be made to the city clerk who shall transmit the application to the city manager. The city council shall in all instances have the power to reduce or waive the investigation fee as provided in this section, on any original or reapplication, when deemed so advisable at its sole discretion. Sec. 19A-5. Same -- Same -- Prerequisite to issuance. The city manager shall cause such investigation to be made as he deems necessary and shall thereafter approve the issuance of such proposed license unless he finds that the conducting of such public or club dance for which the license is requested will violate any law of the state or any ordinance of the city, or constitute a menace to the health, safety or welfare of the community. No application for license may be flled for any premises for which an application for a license for public or club dance has been denied, for reasons pertaining to the premises, unless one year has elapsed from the date of the denial by the city manager or one year has elapsed from the date of the order of the city council affirming the denial by the city manager, whichever date is the latter. Notwithstanding the provisions of this rule, the city manager may in the reasonable exercise of his discretion, permit the filing of an application for any premises which was originally denied if the conditions which caused such denial no longer exist. Sec. 19A-6. Same -- Fees; transferability. '-(a) Any person conducting or assisting in conducting any club dance or public dance as defined in this chapter shall pay to the city a license fee of twenty-five dollars per month or two hundred fifty dollars per year. (b) No license issued under the provisions of this chapter shall be transferable. Sec; 19A-7. Same -- sussension and revocation; notice of hearing. Any license issued un er the terms of this chapter may be suspended or revoked by the city manager when it shall appear to him that the activity authorized by such license is conducted, maintained or carried on contrary to or in violation of any law of the state, any provision of this Code or any rules of the city council governing public or club dances, or is conducted, maintained or carried on in such a manner as to constitute a menace to the health, safety or welfare of the community; provided, however, that no such license shall be revoked or suspended by virtue of this section until a hearing shall have been held by the city manager. Written notice of the time and place of such hearing shall be served upon the person to whom the license was granted at least three days prior to the date set for that hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or by depositing same in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the address appearing in his application for a license. - 2 - Ordinance Number 1 Sec. 19A-8. Same -- Appeal from disaPIrroval, -!,E!vocation, etc. Any applicant aggrievea-by the act of~e Clty manager in disap- proving the issuance of a license or suspending or revoking a license, may within five days after such act appeal to the council by filing a written notice thereof with the city clerk, and within ten days after the filing of such written notice the council shall hold a hearing in the matter and its decision therein shall be final and conclusive. Sec. 19A-9. Dances sUb~ect to inspection. Any police officer 0 the city on duty whether in uniform or working in civilian clothes or any member of the city councilor any officer of the city, shall be admitted immediately without charge or other restriction for the purpose of inspecting the premises and the conduct of all persons present thereon to include the licensee and his employees. I Sec. 19A-10. Age Restrictions. The licensee shall not permit persons under eighteen years of age to be admitted or remain at any public or club dance unless ac- companied by a parent, guardian, person having legal custody of such minor except when such dance shall be advertised and publicized as one conducted exclus'Yely for minors age four.teen to eigh~een years of age, both inclusive, in which event only persons of such specified age group shall be admitted as participants. Sec. 19A-11. Pass-out Checks, etc. Prohibited. The licensee shall not issue or permit the use of any form of pass-out checks, stamps or other devices by which any person in attendance may be enabled or permitted to leave or depart from such dance and later return. Sec. 19A-12. Intoxicated Persons. The licensee shall not permit any intoxicated person to be admi~ted or remain at any public or club dance. , .' I Sec. 19A-13. Lightiny; Visibility. The licensee shal insure that the lighting and visibility, at all parts of the premises during a public or club dance is continually such that the faces of persons are recognizable and identifiable by a person of normal vision at a distance of thirty feet. In any portion of the premises where food or drink is prepared or sold, the provisions of the California Health and Safety Code shall control. Sec. 19A-14. Hours of Operation. Public and club dances shall not be conducted between the hours of .2:00 a.m. and 8:00 a.m. on any day. Public and club dances held exclusively for persons between the ages of fourteen and eighteen inclusive shall not be conducted between the hours of 12:00 Midnight and 8:00 a.m. on any day. Sec. 19A-15. parkin~ Area. The licensee sha 1 insure that the parking area of any premises wherein any public or club dance is being conducted shall be reasonably lighted. Sec. 19A-16. Rules of Conduct. The following rules of conduct shall be enforced and in effect at all public and club dances. The licensee shall be responsible for the reasonable enforcement of said rules and removal of all persons who fail to comply therewith. Licensee shall cause said rules to be posted and continually maintained in places designated by the Chief of Police. -3- . . I 1 I , Ordinance Number RULES 1. No disorderly person shall be permitted to enter or remain on such premises. 2. Boisterous and/or obscene conduct of any sort is prohibited. 3. The use of profanity is prohibited. 4. No person shall be permitted to dance with another person of the same sex while attending and participating in a public or club dance. Dances held solely for minors are not subject to this rule. 5. No person shall be permitted to smoke while dancing. 6. No person shall loiter or be knowingly permitted to loiter by the licensee in the parking lot and/or other areas adjacent to the buildinq on the premises in which a public dance is being conducted. 7. At,all times while in the public view upon the premises, all persons shall be fully clothed; the upper frontal torso as well as the pubic and buttocks areas of both males and females shall be covered by opaque material. 8. Conduct and activity which disturbs the peace and quiet of the surrounding neighborhood shall be prevented and controlled. Sec. 19A-17. securitr Guards Required. The licensee shal provide Security Guards to insure the health, safety and welfare of persons in attendance and the enforcement of the rules, regulations and other provisions of this Chapter. Security Guards, whose sole responsibility is as a Security Guard, shall be required in accordance with the following formula: Inside dance hall area: 0-100 patrons 100-200 patrons over 200 patrons 2 male guards plus 1 female guard 3 male guards plus 1 female guard 4 male guards plus 1 female guard Outside area and parking lot: 0-50 vehicles 1 male guard 50-100 vehicles 2 male guards over 100 vehicles 3 male guards Sec.' 1911:-l~... securit~ Guards; Qual-ificat-ions. An-Security'Guar s employed by t1ie1Tcensee to satisfy the requirements of Sec. 19A-17 shall be not less than 21 years of age. No person shall be employed by licensee who has been convicted of any felony; convicted of any drug or narcotic violations or convicted of any crime constituting a sex offense. The licensee shall submit the name, address and date of birth of the prospective Security Guard to the Chief of Police no less than ten (10) days prior to his date of employment, on a form provided by the Chief of Police. Sec. 19A-19. Penalty for violation of chapter. Except as expressly provided, any'person, firm, company or corporation violating any of the provisions of this chapter shall be guilty of a misde- meanor and upon conviction thereof shall be punishable by a fine of not more than three hundred dollars or by imprisonment in the county jail of the county, as the court may direct, for a period of not more than three months or by both such fine and imprisonment in the discretion of the court. - 4 - I I I . Ordinance Number . Section 2. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person, firm, corporation or circumstance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, sub~ection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentence, clause, phrase, or portion be declared invalid or unconstitutional. Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be posted as required by law. ;) / (jip{...h A A Mayor' . ATTEST: ~~1'" 7:d-v t C er STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach, California, hereby certify that the foregoing ordinance was passed, approved, and adopted by the City Council of the City of Seal Beach, at a meeting thereof held on the 9th day of August, 1971, by the following vote: AYES: Councilmen Holden, Blackman, Sales, Smith NOES: Councilmen Hogard ABSENT: None , , JERDYS WEIR, CITY CLERK OF THE CITY OF SE~. . , BEACH, DO HEREBY rmT'FY THft,T THe: FOR:':GQI( ORDINANCE IS THE OnIGIN/\L ORD:~~!o.r':Gr: NoI$3 AND WAS POSTED PURSUANT TO ORDINANCE , ,~'J...11~..oN T1~..L!?.ltt..DAY OFtk-1~ /91/ n..u9t!~r.d/A~'-7"~TY eLm!'.