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Home My WebLink AboutNS-459ORDINANCE NO. NS-~59 ~-[E~IDING AK~D REPEALING PORTIONS OF PART 7, CHAPTER 3 OF ARTICLE VI OF THE SANTA ANA MUNI- CIPAL CODE REGUI~ATING DANCE HALLS AND DANCING THE CITer COUb!CIL OF THE CI'I~ OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That the title of Part 7, Chapter 3 of Article VI is hereby amended to read as follows: Part 7 -- Dance Halls and Dancing SECTION 2. %~at Sections 6370, 6372, 6373, 6375, 6376, 6377 and 6378 are hereby amended to read as follows: Section 6370. Definitions. For the purpose of this Part the words and phrases next herein defined shall be construed as having the meaning set out in this Section. (a) 'PUBLIC DANCE HALL' is a place open to the public upon the payment of an admittance fee wherein music is provided and people are allowed to dance, which place is so open at regular intervals or on regular days of the week. (b) 'PUBLIC DANCE' is a dance 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 operated for profit where music is provided and the public is per- mitted to dance without payment of a fee. (d) 'PRIVATE DANCE' is a dance which is limited to those persons individually invited to which no admission charge is made or a dance conducted by a bona fide Club, society or Association, organized or incorporated for benevolent, charitable, dramatic, literary, recreational or dancing purposes having an established membership and which holds meetings other than such dances at regular stated intervals and when the proceeds, if any, of such dance are used for the purposes of such Club, Society or Association. Section 6372. Conduct Prohibited. No person conducting any Public Dance, Public Dance Hall or Public Dancing Place shall: (a) Permit or allow any intoxicated, boisterous or dis- orderly person to enter, be, remain in or dance therein. (b) Issue any pass-out check to allow any patron thereof who has left the building to return without the payment of the regular admission charge, if a charge is made for original admission. (c) Shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is cus- tomary for rooms or areas of like dimensions or to a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing. -1- (d) Permit any person to dance or permit any music to be played, produced or 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. (e) Permit or allow any minor under the age of 16 years to enter, remain in or dance in such place conducted unless accompanied by a parent or adult guardian or person in charge of said minor. Section 6373. Revocation or Condition of Permit. In event any person holding a permit under this Part shall violate any provision of this Part, or shall permit or allow any illegal, improper or disorderly conduct in said Dancing Place, the Chief of Police may revoke or condition such permit by giving written notice of the revocation or condition to the holder of such permit 72 hours before the effective hour of the revocation or condition. %~e Chief of Police may, when violations of law in the neighborhood exceed the average for like areas in the City, give notice of revocation or placing a condition thereon in the original granting of the permit or to avoid revocation of an existing permit. The condition may require the manage- ment to employ one or more special officers, to be approved by the Chief of Police, to keep the peace and enforce all statutes and ordinances during all times dancing is allowed. If a hearing be petitioned for within 72 hours of service of the written notice of revocation or condition, the notice shall not become effective until after the City Council has acted to approve the action of the chief of Police in whole or in part. Section 6375. Standards of Granting or Revoking Permits. The Chief of Police, in considering any application for or revocation 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 permit, the number and nature cf 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 where and when 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 6373 if the neighborhood has been, or is, one that produces an above average number of violations of law, or violations of any provision of this Part have occurred in the place of business under consider- ation. 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 misdemeanor involving moral turpitude or physical violence against the person of another. Any such conviction will justify the revocation of any existing permit. No permit shall be issued for a Public Dancing Place where any alcoholic beverages are sold unless the place is a "bona fide public eating place" as defined by Section No. 23038 of the Business and Professions Code of the State of California, and the place of business has seats at tables adequate to seat 35 people, not counting any stools at the bar or counter where alcoholic beverages are prepared for service and are served, has not less than 300 square feet of floor space maintained in a smooth and safe condition for dancing and has at least two musicians personally present to furnish music for dancing. -2- Section 6376. Conduct Not Allowed. No person shall take any form of alcoholic beverage into any Public Dance Hall or Public Dance, and no person shall therein drink any form of alcoholic beverage. No person shall allow or take part in any dancing in any place where alcoholic beverages are sold unless there is an existing unrevoked permit to conduct a Public Dancing Place for such place of business. Section 6377. Registration. Every person in any place of business conducting a Public Dance Hall, Public Dance or Public Dancing Place or seeking admission thereto, shall, upon the request of the manager, proprietor, doorkeeper or any agent of the same, register his true name, age and address in his own handwriting and offer evidence of his iden~ty. No person refusing so to do shall enter or remain in any such place of business and such person may be evicted therefrom. Section 6378. Exceptions. The provisions of this Part shall not apply to a private dance. SECTION 3. That Sections 6378.1, 6378.2, 6379, 6379.1, 6379.2 and 6379.3 are hereby repealed. SECTION 4. This Ordinance shall take effect 30 days from and after its adoption. at its PASSED AND ADOPTED by the City Council of the City of Santa Ana regular meeting held on the .!~%hday of Au~us% , 1960. ATTEST: dL~-OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SAi~fA ANA ) SS I, b~RION SUTTNER, do hereby certify that I am the Clerk of the Council of the City of Santa Ana, California; that the foregoing ordinance was regularly introduced at its regular meeting held on the 1st day of August, 1960, and was again considered by said Council at its regular meeting held on the .1~.. day of August , 1960, and was at said meeting regularly passed and adopted by said Council by the following vote, to-wit: AYES, COUNCILMEN: Royal E. Hubbard, Dale H. Heinly, Bob Brewer~ A. A. Hall NOES, COUNCII~4EN: Stan!ey C, Gould, Jr. AB S EI~£, COI3T~C ILMEN: None CLERK OF THE COUlqCIL -3-