HomeMy WebLinkAboutCC Ord 622 1963-02-07
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CITY OF SEAL BEACH
ORANGE COUNTY, CALIFORNIA
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ORDINANCE NO. 6~;Z
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AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING PORTIONS OF CHAPTER
28 ENTITLED ''PUBLIC AND CLUB DANCES" AND DECLARING THE URGENCY
THEREOF AND THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1. Sec. 28-3 of Chapter 28 of the Code of the City
of Seal Beach is hereby amended to read as follows:
Sec. 28-3. License-to Conduct Public or Club Dance-
Required; Exceptions.
It shall be unlawfull 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
~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 non-profit
clubs or organizations within the City, supervising or con-
ducting 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 said dance.
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SECTION 2. Sec. 28-4 of Chapter 28 of the Code of the City
of Seal Beach is hereby amended to read as follows:
Sec. 28-4. Same-PreQuisites to Investigation 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 application to the City Manager
The City Council shall in all instances have the power to
reduce or waive the investigation fee herein provided, on
any original or re-application, when deemed so advisable
at its sole discretion.
SECTION 3. Sec. 28-8 of the Code of the City of the City
of Seal Beach is hereby amended to read as follows:
Sec. 28-8, Appeals
Any applicant aggrieved by the act of the City Manager
in disapproving 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.
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SECTION 4. Sec. 28-10 of Chapter 28 of the Code of the
City of Seal Beach is hereby amended to read as follows:
Rules and Regulations 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,
are hereby fixed and established and must be observed in
the maintenance, conducting or operating of any such public
or club dance, to wit:
Sec. 28-10.
Rules for Public or Club Dances
1. Minors under ei':hteen (18) years of age shall be admit-
ted to or permitted to remain at the dance hall only when
accompanied by a parent, guardian, person having legal sus-
tody of said minor.l or other responsible adult over the age
of twenty-eight (2~) years, except when said dance shall be
advertised and publicized as one conducted exclusively for
minors age fourteen (14) to eighteen (18) years of age,
both inclusive, in which event only persons of such speci-
fied age group shall be admitted as participants.
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 devises by which any person in
attendance may be enabled or permitted to leave or depart
from such dance and later return.
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3. No intoxicated person shall be admitted in or to the
dance hall or permitted to remain therein after the intoxica-
ted condition is discovered, nor shall any intoxicating liq-
uors be allowed in the dance hall or in any room or portion
thereof used in connection with said dance hall or to which
access is available f~om'said dance.
4. Patrons shall not be permitted to dance in a lewd, sug-
gestive 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 pro-
hibited.
6. The use of profanity is prohibited.
7. The dance hall shall be well lighted at all times.
Illumination 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. When a dance is conducted for minors a~e fourteen (14)
to eighteen (18) years of age, both inclus1ve, as hereto-
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Ordinance Nu.mber'~ '.'
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fore set forth in Rule 1. no dancing shall be permitted
between the hours of 12:00 o'clock midnight ana 6:00 A.M.
on any day. At all other public or club dances, no danc-
ing shall be permitted between the hours of 2:00 A.M. and
6:00 A.M. on any day.
9. Licensee shall be held responsible for the conduct of
Bant members and shall exercise reasonable supervision
over all patrons both inside and outside of the dance hall
premises, and for ascertaining the correct age of persons
who are not permitted to be in attendance at such times and
under such circumstances as prohibited by this Chapter.
10. The parking area shall be maintained in a well lighted
condition and shall be reasonablY supervised by Licensee.
11. Conduct offensive to public decency or morals or any
conduct or activity 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 solel
for minors are not subject to this rule.
13. No person shall be permitted to smoke while dancing.
14. These rules must be kept posted in the dance hall,
dressing rooms and every room to which patrons of a club
or public dance are adm~tted. .
15. No person shall loiter or be knowingly permitted to
loiter by Licensee in the parking lot and/or other areas
adjacent to the building on the premises in which a public
dance is being conducted.
A violation of the foregoing rules by Licensee shall
constitute grounds for suspension or revocation of the
license subject to the administrative procedures provided
herein for such suspension or revocation. A violation of
the foregoing rules are grounds for suspension or revoca-
tion of the license. Any person attending the dance who
violates any of the rules hereinabove contained, is guilty
of a misdemeanor and shall be subject to fine and/or
imprisonment as provided" py law.
BY ORDER OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, CALIFORNIA.
SECTION 5. Sec. 28-11 of Chapter 28 of the Code of the
City of Seal Beach is hereby amended to read as follows:
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, adequate supervisory personnel
to reasonably insure the safety of persons in attendance
and the enforcement of the rules, regulations and other
provisions of this Chapter. At any said dance, not less
than one (1) Security Guard of the female sex, and two (2)
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Ordinance Number,
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Licensed Security Guards shall be in attendance. Where
the nature of the dance, the persons attending, and/or the
number of participants, in the opinion of the Chief of
Police, require additional supervision, such additional
supervision shall be provided, as per the requirements of
the Chief of Police.
Section 6.
Sec. 28-12 of Chapter 28 of the Code of the
City of Seal Beach is hereby amended to read as follows:
Sec. 28-12. Penalty for Violations.
Except as 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 conviction thereof shall be punishable by a fine of
not more than Three Hundred ($300.00) Dollars, or by im-
prisonment in the county jail of the County or 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; provided,
however, that a violation of Section 28-10 by the Licensee
shall not constitute a misdemeanor.
Section 7.
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 8. Statement of Urgency
This Ordinance shall take effect immediately as an
urgency ordinance under the provisions of Section 36937 of
the Government Code of the State of california, for the
following reasons: The City Council of the City of Seal Beach
finds and declares that the Ordinance is required to take
effect at once for the immediate preservation of the peace,
health and safety of the inhabitants of the City and in
support thereof makes the following findings of fact: The
present Ordinance of the City of Seal Beach controlling and
regulating the operation of public or group dances as
defined by this Ordinance is not adequate and it is vital
to the inhabitants of the City of Seal Beach that reason-
able rules and regulations be in effect forthwith. The
City Council further finds that the regulations contained
in this Ordinance are reasonable and necessary for the
control and regulation of public and group dances in the
City.
Ordin ",:ce N1Jmber
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Section 9. 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 ~alidity 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 section, subsection,
sentence, clause, phrase, or portion be declared invalid
or unconstitutional.
Section 10. 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 11. 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.
ADOPTED AND APPROVED THIS 7th day of February, 1963.
ATTEST:
/tV~;~u
CITY CLERK
I HEREBY CERTIFY that the foregoing is a true and correct
copy of Ordinance No. 622 passed by the City Council of
the City of Seal Beach at a regular adj6urned meeting
thereof held on the 7th day of February, 1963.
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City Clerk
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ROLL CALL VOTE:
AYES :
NOES:
ABSENT :
ABSTAIN:-
Nescher, Anderson, Leonard and Gemmill
None
Gibbs
None