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Home My WebLink AboutCC Ord 619 1963-01-10 I I 1 -- . .' ". - Q '''1 ....;..~ CITY OF SEAL BEACH ORANGE COUNTY, CALIFORNIA ORDINANCE NO. 619 AN ORDINANCE AMENDING THE CODE OF THE CITY OF SEAL BEACH BY ADDING THERETO CHAPTER 28 ENTITLED "PUBLIC AND CLUB DANCES", AND DECLARING THE URGENCY THEREOF AND THAT THIS ORDINANCE SHALL TAKE EFFECT D1MEDIATELY. THE CITY COUNCn. OF THE CITY OF SEAL BEACH OOES ORDAIN AS FOLLOWS: SECTION 1. The Code of the City of Seal Beach is amended by adding ~'hapter 28, entitled "Public and Club Dances" to read as follows: Sec. 28-1. Definitions. For the purposes of this Chapter the following words and phrases shall have the meanings respectively ascribed to them by this section: Club Dance. "Club Dance" shall mean any dance other than a public dance or other than any dance given in a private home or residence, con- ducted 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 200 persons, at which a fee is charged, either for admission to such dance or for dancing therein, or at which any col- lection 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 in- structed 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. Non-Profit Club or Organization."Non-Profit Club or Organization" shall mean any association of persons within the City organized and operated solely and exclusively for child welfare or charitable purposes. For the purposes of this Chapter the student body of a school shall be deemed a non-profit 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 200 persons or by anyone who cannot be identified at the time of the issuance of the invitation by the sender, or any gathering of persons upon any premises where dancing is participated in, either as the main purpose for such gathering or as an inaident to some other purpose to which the public is admitted: provided, that the normal activities of a dancing academy shall not be considered a public dance. -1- I I 1 .., Ordinance Number .. .'.. .. . " ~ . Sec. 28-2. Compliance with Chapter Generally. It shall be unlawful ~oF any person to conduct, or to assist in conducting, any public dance or club dance in the City otherwise than in accord with the provisions of this Chapter. Sec. 28-3. License to Conduct Public or Club Dance - Required: Exceptions. It shall be unlawful for any person to conduct or assist in con- ducting any public or club dance in the City without first having obtained a license from the City as provided in this Chapter, and com- plying with all regulations as set forth in this Chapter. No person shall participate in any such dance conducted without such a license. The provisions of this Chapter shall not apply to non-profit clubs or organizations within the City, any State, County or City Government Agency sponsoring, supervising or conducting a dance on the premises owned by said agency. Sec. 28-4. Same -Prequisites to Investi~ation and Issuance. Applications on forms prescribed by the City Manager for a license to conduct public or club dances accompanied by an investigation fee of $30.00 shall be made to the City Clerk who shall transmit the appli- cation to the City Manager. Sec. 28-5. Same - Investigation: Issuance. The City Manager shall cause such investigation to be made as he deems necessary, and shall thereafter approve the issuance of such pro- posed license unless he finds that the conducting of such public or club dance or activity 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, peace, morals, safety or welfare of the community, or that the character, reputation and moral fitness of those in charge of such activity will constitute such a menace. Sec. 28-6. 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 $25.00 per month or $250.00 per year. (b) No license issued under the provisions of this chapter shall be transferable. Sec. 28-7. Same - Suspension and Revocation: Notice. Any license issued under 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 nuisance, or to disturb the peace of persons in the vicinity, or to be deleterious to the public peace, morals, health, safety or welfare; 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 -2- I I . .; Ordinance Numb~.'.." '. " Sec. 28-7. Same - Suspension and Revocation: Notice. (continued) by personal delivery thereof to the person to be ncl: Hied 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 appear- ing in his application for a license. Sec. 28-8. Appeals. Any applicant aggrieved by the act of the City Manager in dis- approving 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 the Council shall hold a hearing in :the matter and its decision therein shall be final and conclusive. Sec. 28-9. Public or Club Dances Subject to Inspection by Police. Any police officer of the City on duty whether in uniform or work- ing in civilian clothes, or any member of the City Councilor any officer of said City, shall be admitted without charge to any public or club dance at any time for the purpose of inspecting the conduct of those participating in the dancing and to see that the provisions of this Chapter are being properly complied with. Sec. 28-10. Rules and ReRulations for Public or Club Dances - Posting. It shall be unlawful for any person, firm, company or corporation to maintain, conduct or operate any public dance , or club dance, .. . '.. within the City at any time unless during all of said time there shall be kept conspiciously posted in the hall where such dance is being held or such dances are being conducted, 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 said rules. are hereby fixed and established and must be observed in the maintenance, conducting or operating of any such public or club dance, to wit: RULES FOR PUBLIC OR CLUB DANCES 1. Minors under eighteen (18) years of age shall be admitted to or permitted to remain at the dance hall only when accompanied by a parent or guardian except when said dance shall be advertised and pub- licized as one conducted exclusively for minors aged fifteen (15) to nineteen (19) years of age, in which event only persons of such specified age group shall be admitted. In no event shall any minor under the age of fifteen (15) be admitted to any club or public dance. 2. No person in charge, or assisting in the conduct of any public or club dance shall issue or use 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. 3. No intoxicated person shall be admitted and no drinking of intoxicating liquors shall be allowed in the dance hall or in any room connected therewith. -3- I I 1 .\ ,. Ordinance Number' . . '.. .1..; .' , .' RULES FOR PUBLIC OR CLUB DANCES (Continued) 4. Patrons shall not be permitted to dance in a lewd, suggestive or sensual manner, and no lewd or disorderly person shall be permitted to enter or remain on such premises. 5. Boisterous and/or obscene conduct of any sort is prohibited. 6. The use of profanity is prohibited. 7. The dance hall shall be well lighted at all times. Illumi- nation shall not be less than one-half (~) foot candle power at any portion of the premises, except that in any portion where food or drink is prepared the provisions of the health and safety code of the State of California shall control. 8. That no dancing shall be permitted between the hours of 2:00 a.m. and 6:00 a.m. on any day, except that any club or public dance attended by persons under the age of twenty (20) years shall not be permitted after the hour of 12 o'clock Midnig~t. 9. Permittee shall be held responsible for the conduct of band members and patrons in and around the Dance Hall premises and for the correct age of persons who are not permitted by law to attend or participate in dancing. 10. The parking areas shall remain well lighted and supervised by management or their agents. 11. Conduct offensive to public decency or morals or any conduct or activit,.-which disturb the peace and quiet of the surrounding neighbors shall be prevented and controlled. 12. The management shall not permit any person 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. 13. No person shall be permitted_to smoke while dancing. 14. rooms and admitted. These rules must be kept posted in the dance hall, dressing every room to which patrons of a club or public dance are 15. No person shall be permitted to loiter in the parking lot and/or other areas adjacent to the building in which a public or club dance is being conducted. A violation of the foregoing rules is grounds for suspension or revocation of the license and is a misdemeanor. BY ORDER OF THE CITY COUNCn. OF THE CITY OF SEAL BEACH. CALIFORNIA. -4- I I 1 " . '\ Ordinance Nu~ber, ... ... ':' :. t, Sec. 28-11. Security Guards and Matrons. It shall be unlawful for any person to maintain, conduct or operate any public or club dance within the City unless said person shall appoint and have in continuous attendance at said dance two matrons, two licensed security guards and any additional supervisory personnel Which the Chief of Police may require. Sec. 28-12. Penalty for Violations. Except as otherwise expressly provided, any person, firm, company or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be punishable by a fine of not more than Three Hundred ($300.00) Dollars, or by imprisonment in the county jail of the County of Orange, as the committing magistrate may direct, for a period of not more than three (3) months, or by both such fine and imprisonment in the discretion of the Court. SECTION 2. All other Ordinances and parts of ordinances of said City insofar as the same conflict with the provisions of this Ordinance shall be and the same are hereby repealed. SECTION 3. STATEMENT OF URGENCY. The City Council of the City of Seal Beach finds and declares that the immediate adoption of proper rules and regulations for the control and licensing of public and club dances is neces- sary for the protection of the safety and morals of the members of the community. The City Council therefore finds and determines that this Ordinance is required for the immediate preservation of the public peace, health and safety. SECTION 4. 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, subsection, sentence,clause, phrase, or portion thereof, irrespective of the fact that anyone or more sub- section, section, sentence, clause, phrase or portion be declared invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance, being an Ordinance required for the immediate preservation of the Public peace, health and safety, shall take effect immediately upon its adoption hereof. SECTION 6. PUBLICATION. This Ordinance shall be published in accordance with law, together with the names of the members of the City Council voting for and against the same. ATTEST: ~~~ F. W. HICKMAN City Clerk I I 1 . .. J.,' . ,... -. Ordinance Number .. ,. . -..- .. I HEREBY CERXlFY that the foregoing is a true and correct copy of Ordinance No. 619, passed and adopted by the City Council of the City of Seal Beach, California, at a meeting thereof held on the lOth day of January, 1963. DaTED: January 10, 1963. /~~a.e' J F. W. HICKMAN. CITY CLERK ROLL CALL VOTE: AYES: NOES: ABSENT: ABSTAIN: Councilmen Gemmill, Gibbs, Leonard and Anderson None Councilman Nescher None