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HomeMy WebLinkAboutCC Ord 623 1963-03-04 I r 1 ...' ... . . CITY OF SEAL BEACH ORANGE COUNTY, CALIFORNIA ORDINANCE NO. t t d AN ORDINANCE AMENDING THE CODE OF THE CITY OF SEAL BEACH BY ADDING THERETO CHAPTER 29 ENTITLED "ENTERTAINMENT CAFES". . . THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. The Code of the City of Seal Beach is amended by adding Chapter 29, entitled "Entertainment Cafes" to read as follows: Sec. 29-1. Definition. For the purposes of this Chapter, Entertainment Cafe shall have the meaning respectively ascribed to it in Chapter 11, Article I, Section 1-11 of this Code. Sec. 29-2. Compliance with Chapter Generally. It shall be unlawful for any person to conduct, manage, carryon or engage in the business of an entertainment cafe in the City otherwise than in accord with the the pro- visions of this Chapter and the applicable provisions of Chapter 11 of this Code. Sec. 29-3. Entertainment Cafe License - Required. It shall be unlawful for any person to conduct, manage, carryon or engage in the business of an Entertainment Cafe in the City without first having obtained a license as provided in this Chapter and Chapter 11 of this Code and complying with all regulations set forth in said Chapters. Sec. 29-4. Same - Prequisites to Investigation and Issuance. Applications on forms prescribed by the City Manager for a license to conduct an entertainment cafe accompanied by an investigation fee of $30.00 shall be made to the City Clerk ,who shall transmit the application to the City Manager. Sec. 29-5. 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 proposed license unless he finds that the conducting of such entertainment cafe 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 entertainment cafe will constitute such a menace. Sec. 29-6. Same - Fees - Transferability. (a) Any person conducting, managing, or engaging in the business of an entertainment cafe shall pay to the I I I 0' Ordinance Number' ~ City a license fee as required in Chapter 11, Article II, Section 11-45 of this Code. (b) No license issued under the provisions of this Chapter shall be transferable. Sec. 29-7. 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 business 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 entertainment cafes, or is conducted, maintained or carried on in such a manner as to constitute a nuisance, or to disturb the peace of persons inuthe vicinity, or to be deleterious to the public peace, morals, health, safety or welfarej 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 noti- fied 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. Sec. 29-8. Appeals. Any applicant aggrieved by the act of the City Manager in disapproving the issuance of a license or sus- pending 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. 29-9. Entertainment Cafes Subject to Inspection by Police. 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 said City, shall 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 Chapter are being properly complied with. Sec. 29-10. Rules and Regulations for Entertainment Cafes. It shall be unlawful for any person, firm, company or corporation to maintain, manage, conduct or operate any entertainment cafe within the City at any time unless during all of said time there shall be kept conspiciously posted in said 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 said rules are hereby fixed and established and must be observed in the maintenance, conducting or operating of any such entertainment cafe, to wit: -2- 1. I 2. Ordinance Number < RULES FOR ENTERTAINMENT CAFES No minor under the age of 21 years shall be permitted in an Entertainment Cafe unless accompanied by his parent or guardian. Neither patrons or entertainers shall be permitted to dance or generally conduct them- selves in a lewd, suggestive or sensual manner, and no lewd or disorderly person shall be permitted to enter or remain on such premises. 3. Boisterous and/or obscene conduct of any sort is prohibited. 4. The use of profanity is prohibited. I 7. S. The Entertainment Cafe 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 wheT.P. food or drink is prepared the provisions of the Health and safety code of the State of California shall control. 6. No Entertainment Cafe shall remain open between the hours of 2:00 a.m., and 6:00 a.m. Permit~ee shall be held responsible for the con- duct 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. 8. The parking areas of Entertainment Cafes shall remain well lighted and supervised by management or their agents. 9. 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. 10. The management shall not permit any person to dance with another person of the same sex. 11. I 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. A violation of the foregoing rules is grounds for suspension or revocation of the license and is a misdemeanor. BY ORDER OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, ct\.LIF. -3- I I 1 Ordinance Number . Sec. 29-11 Unlawful to Employ or Permit to be Employed Females for Dancing. It shall be unlawful and prohibited for any proprietor, owner or manager of any Entertainment Cafe in the City of Seal Beach where dancing takes place, to employ or allow to be employed for valuable consideration, any female to dance with its patrons or other persons present at such Entertain- ment Cafes, either in the daytime or at night. It shall not, hm7ever, be unlawful for females to be employed as dance instructors when classes are organized for the sole purpose of dance instruction. Sec. 29-12. Unlawful for Female to Dance for Hire. Any female, as referred to in Section 29-11 of this ordinance, who attends any of the places mentioned in Section 29-11 of this ordinance, 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. See; "29-13. Dancing for Hire - Penalty. Any violation of Sections 29-11 or 29-12 of this ordinance shall be deemed a misdemeanor, punishable by a fine not exceeding Three Hundred ($300.00) Dollars, or by imprisonment for a term not ~xceeding ninety (90) days, or by both such fine and imprisonment, imprisonment above referred to shall be had in the county jail of the County of Orange. Sec. 29-14. 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 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. 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 -4- , I I 1 . .! '. . O:.:<l::';,ance Number .'. . , . SECTION 3. SEVERABILITY (Continued) 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 sections, subsection, sentence, clause, phrase or portion be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect thirty days after the date of its adoption by the City Council. SECTION 5. PUBLICATIOIIT. 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: ~tV.~~.r~ F. W. HICKMAN, City Clerk I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance Number 623, passed and adopted by the City Council of the City of Seal Beach, California, at a regular meeting thereof held on the 4lit day of ~tI' , 1963. ~ c.-v~~ F. W. HICKMAN, City Clerk ROLL CALL VOTE: AYES : NQFS : ABSENT: ABSTAIN: e'1 . Councilmen ~~ 'f1e~ Councilmen ~ Councilmen ~ ~.....t. Councilmen ~ -5-