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HomeMy WebLinkAboutNS-1644CM/REL:ar 7/14/82 ORDINANCE NO. NS- 1644 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 11-1 AND 11-3 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTION 11-10 THERETO RELATING TO THE REGULATION OF PUBLIC DANCING PLACES AND DANCE HALLS WHERE ALCOHOLIC BEVERAGES ARE SOLD THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 11-1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 11-1. Definitions. For the purpose of this chapter, the words and phrases herein defined shall be construed as having the following meanings: "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 inter- vals or on regular days of the week. "Public dance" is a dance open to the public for an admittance fee or charge, and which is held on one day only. "Public dancing place" is a place operated for profit, where music is provided, and the public is permitted to dance without payment of a fee. "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, or organi- zation incorporated for benevolent, charitable, dramatic, literary, recreational or dancing pur- poses 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 only for the purposes of ORDINANCE NO. NS-1644 PAGE TWO such club, society, association or organization. "Nightclub" shall mean any room or similarly distinct segment of a public dancing place or public dance hall where both the sale of alcoholic bev- erages is permitted and dancing is allowed. SECTION 2: That Section 11-3 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 11-3. Permit Required; application; investigation; exception. (a) Every person desiring to conduct a public dance, shall, ten (10) days prior to such dance, file an application for a permit so to do with the chief of police of the city. Every person desiring to operate a public dance hall or public dancing place shall file an application for a permit to do so with the chief of police at least thirty (30) days prior thereto. The application shall state the names and addresses of all persons interested in the dance as a business venture, or the names and addresses of all officers of the organization proposing to conduct the same, the date or days, 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 persons applying for such permit, shall consider the items and standards for granting set out in section 11-5 and, in conformance therewith, shall either grant or deny the per- mit applied for, and shall forthwith notify the applicant of his action. (c) No person shall conduct any public dance hall, public dance, or public dancing place, without first making application for and obtaining a permit so to do, nor shall any person conduct the same during the time while a permit so to do is revoked. (d) No permit shall be required for a ORDINANCE NO. NS-1644 PAGE THREE private dance. SECTION 3: That the Santa Ana Municipal Code is hereby~amended by adding a new section, to be numbered 11- 10, which said section reads as follows: Sec. 11-10. Nightclub; patrons age restricted. No person under the age of twenty-one (21) years shall be allowed into, or permitted to remain in a nightclub. SECTION 4: The provisions of this chapter shall be applicable to allpersons and businesses described herein, whether the herein described activities were established before or after the effective date of this section. All such person(s) and businesses shall have sixty (60) days from the effective date of this section to comply with the provisions of this chapter. SECTION 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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 City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portions thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 6: Neither the adoption of this or- dinance, nor the repeal hereby of any ordinance, shall in any manner affect the prosecution for violation of or- dinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the ORDINANCE NO. NS-1644 PAGE FOUR validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited, pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 16th day of August , 1982. ATTEST: ~~BR~ ~~ ~.~ GORDON ,MAYOR COUNCILMEMBERS: Bricken Absent Luxembourger Y~ Acosta Aye Serrato A, ye Griset A.¥e Markel A.¥e McQuigan Absent APPROVED AS TO FORM: