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HomeMy WebLinkAboutNS-232ORDINANCE NO. NS-232 A~ENDING PART 7, CHAPTER 3, ART~-~I OF THE SANTA ANA ~UNICIPAL CODE REGULATING PUBLIC DANCES IN T~IE CITY 0F S~NTA ANA. THE CITY COUNCIL SECTION 1. That Part 7, al Code be and the s~me ~ TTTE CITY OF SkNTA ANA DOES ORDAIN AS FOLLOWS: Chapter 3, Article VI of the Santa Aha Municip- is hereby amended to read as follows: "PART 7 DANCING" "SECTION 6370. Definitions. For the purpose of this pa~t the words and phrases next herein defined shall be construed am having the meming set out in this Section. (aS 'PUBLIC DAMCE HALL' is a place open to the public upon the pay- ment of an admittance fee wherein music are Alowed to dance, which place is ~ vals or on regular days ~ the week. is provided and people open at regular inter- (b) 'PUBLIC DA~ CE' is a d~ce open to the public for an admittance ~ fee or charge and which is held on one day only. (c) ,PUBLIC DANCING PLACE' is a place where music is provided and the public is permitted to d~ce without payment of a fee. (d) 'PRIVATE D~CE' is a d~ ce which is limited to those persons individually invited to which no admission charge is made or a d~nce conducted hy a bona fide Club, Society or Association, organized or incorporated for benevolent, charitable, dramatic, literary or dancing purposes having an established membership and which holds meetings other th~ such dances at regular stated intervals and v~en the proceeds, if any, of such dance are used for the purposes of such Club, Society or Association. (e) 'BOL~~~ P~I~E PUBLIC EATXHG PLACE' is a place of business holding an "On-Sale General License" to serve alcoholic beverages and which place of business: 1. Has suitable kitchen facilities for cooking an assort- ment of foods which may be required for ordinary meals; 2. Has a proper amount of refrigeration for keeping of food on the premises; 3. Complies ~ th all applicable regulations enforced the Orange County Health Department; 4. Keeps on hand the usual assortment of foods eom~aonly ordered at various hours of ~he day by guests who co~ to said place for a 5. Has seats at tables adequate to seat 35 people, not counting any stools at the bar or counter where alcoholi~ beverages are prepared for service; 6. Has a chef ou duty, other tha~ the bar tender, to cook and prepare food for service; 7. Has not less than 300 square feet of floor space main- tained in a smooth ad safe condition for dancing; 8. Has at laast two musicians personally present to far- nish music for the dancing. "SECTION 6371. PERMIT RE~IIRED. (a) Every person desiring to conauct a Public Day,ce Hall, Public Dance, or Public Dancing Place shall first file an application for a permit so to do with the Chief of Police of the City. The application shall state the names s~d addresses of all persons interested in the dance as a business venture, or the names m~d addresses of all officers of the organization pro- posing to conduct the same, the date or d~s, the place, and the hours when the same is proposed to be conducted, and the admission fee to be charged. (b) The Chief of Police shall investigate the person or persons applying for such permit, shall co~sider the items and stand- ards for granting set out in Section No. 6375 and, in conform- ~ce therewith, shall either grant or deny the permit applied for and shall forthwith notify the applicant of his action. (c) No person shall conduct any Public D~ce Hall, Public Dance or Public Dancing Place without first making application for and obtaining a permit so to do, or daring the time while a permit so to do is revoked. (d) No permit shall be required for a Private Dance." "SECTION 6372. CONDUCT PROHIBITED. No person conducting a~ y public Dance, Public Da~ ce Hall or Public Dancing Place shall: (a) Permit or allow any intoxicated, boisterous or disorderly person to enter, be, remaim in or dance thereixx. (b) Issue any pass-out cheek to alIow any patron thereof who has left the building to return without the p~ment of ~he regular admission charge, if a charge is made for original a~m!ssion. (c) Shut ~ turn off or reduce the intensity of the lighting in the area used for dancing to such au extent as to provide less lighting or illumination tho is customary for rooms or areas of like dimensions or to a degree to make it difficult or im- possible to clearly see or identify individuals dancing on the floor provided for d~cing. (d) Permit any person to damco or permit a~y music to be played, produced dr reproduced by any device between the hours of 2:00 A. M. and 9:00 A. M. of any day, or permit any dancing during the evening or nighttime of any Sunday. No person conducting any Public Dance Hall or Public Da~ ce shall permit or al low ny minor under the age of 16 years to enter, remain in or dance in said place unless accompanied by a parent or guardian. No person conducting any ~-,blic Dancing Plaoe shall permit or allow any minor under the age of 18 years to d~ ce therein unless accompanied by a parent or guardian. No person shall allow or take part in any dancing in any place where alcoholic beverages are sold unless there is an existing, unto- yoked permit to conduct a Public Danci~ Place in such location. No perso~ shall dance in any place authorized and operating under a permit issued under this Part while in a state of dxw~nkenness or intoxication. "SECTION 6373. REVOCATION OF PERMIT. In event any person holding a permit under this Part shall violate any provision of this Part, shal 1 permit or allow any illegal, improper o~ disorderly conduct or shall so conduct his activities so as to allow or cause drunk or disorderly conduct near said dancing place in the neighborhood thereof, the Chief of Police may revoke or con- dition such permit by giving written notice of ~he revocation or con- dition to the holder of such permit 72 hours before the effective hour of the revocation or condition. eSECTIOI~ 6374. APPEAL TO COUNCIL. Any person objecting to the revocation or condition of or the re- fusal or failure to issue ~ permit under the provisions of this Part, may petition the City Council by filing a written statement containing all the facts upon which such petitioner relies, his nsme and mailing address, and a request for the relief or action sought. A copy of such statement shall be delivered to the Chief of Police and the orig- inal filed iith the Clerk of the Council. The Mayor, or at his dir- ection the City Msaager, shall fix a date and time for hearing such evidence as the parties ma~ desire to present, which shall not be longer than 21 days from the date of such filing. The Clerk of the Council shall serve written notice of hearing on the Petitioner by mailing the same to him at the address given on the Petition and to the Chief of Police at least three days prior to hearing. The City Council may delegate one or more of their members or some other per- son or persons to act as hearing officer or officers to determine the facts and to present a written s,,.-.Ary to the Council for action. The decision of the Council shall be rendered not more than 21 days after said Petition is filed and written notice of the decision shall be served on Petitioner by mail. The decision of the Council shall be final. "SECTION 6375. STANDARDS OF GRANTING OR REVOKING PERMITS. The Chief of Pol~ e, in considering any application for or revoca- tion or condition of any permit provided for by this Part, shall take into account the reputation and criminal record, if any, of the person or persons applying for or operating under such penait, the number and nature of any violations of law occurring at or in the vicinity of any dancing activity conducted by said person or persons in the City prior to such consideration and the location and time ~ero and ~en dancing is being or is proposed to be held. Any permit may be denied or revoked or continued under condition as provided for in Section 6376 if the neighborhood has been, or is, one that pro- duces an above average number of violations of law, or violations of a~y provision of this Part have occurred in the place of business under consideration. No permit shall be issued if the applicant or any person interested in or having any control of any part of the management of the dance has been convicted of a felony or of a mis- demeanor involving moral turpitude or any act of physical violence. Any such conviction will Justify the revocation of any existing permit. No permit for a Public Dancing Place a~all be g~anted or contin- ued unless the place of business for which the permit is applied for or has been granted is a Bona Fide Eating Place and conforms to all of the requirements of Subsection (e) of Section 6370. "SECTION 6376. REVOCATION OR CONDITION OF PERMIT. ~he Chief of Police mW, when violations of law in the neighbor- hood exceed the average for like areas in the City or for violations of this Part, revoke any permit ismxed hereunder or for any of the reasons set out in Beotion 6375, or he may place as a condition, at the time of granting any permit or as a condition to avoid a vocation of an existing permit, the requirement that the management employ one or more special officers, to be approved by the Chief of Police, to keep the peace and enforce the statutes and ordinances during all times when dancing is allowed." SECTION 2. The Clerk of the Council shall certify to the passage of this Ordinance and shall C~Ase the same to be published once within 15 days after its adoption. ~is Ordinance shall take effect 30 days from and after the date of its adoption. ATTEST: L;Ja.l~.t'~L U.~' 'l'f~ L,;UU~LL.LJa ® CITY OF SANTA ANA I, EP~iA HUNTER, do here y certify that I sun the Clerk of the Council of the City of Santa Ana, California; that the foregoing Ordinance was regularly introduced at the regular ;~eting of said Council held on the 4th day of 'Febr. uar~ , 19%7, and was again considered by ssd d Council at its regular n~ eting/held on the 18th day of February , 1957 au d was at said meeting regdlarly passed and adopted by ssid Council by the following vote, to - wit; AYES, COUNCIL~EN: Dale Ho Heinly, J. Ogden Markel, William Jerome NOES, COUNCII~EN: Nors ABSENT, COUNCII2'~N: ~ilford W. Dah'l CLERK OF THE COUNCIL 5