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HomeMy WebLinkAboutNS-1687EJC:ar 4/28/83 ORDINANCE NO. NS- 1687 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 11-5 OF AND ADDING SECTION 11-6 TO THE SANTA ANA MUNICIPAL CODE RELATING TO DANCE PERMITS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS~ SECTION 1: That Section 11-5 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 11-5. Same - Location Standards. (a) No permit shall be issued for a public danc- ing place where any alcoholic beverages are sold unless the place is a "bona fide eatinG place" as defined in Section 23038 of the Business and Professions Code of the State of California, and-the place of business.hgs seats at tables to seat at least fifty (50) people, not counting any stools at the bar or counter where alcoholic beverages are prepared for service and are served, utilizes not less than twenty percent (20%) of the floor space as a kitchen facility for food preparation, and has not less than three hundred (300) square feet of floor space maintained in a smooth and safe condition for dancinG. (b) No permit shall be issued for a public dance hall where any alcoholic beverages are sold, unless the place has not less than five hundred (500) square feet of floor space maintained in a smooth and safe condition for dancinG. SECTION 2: That the Santa Ana Municipal Code, hereby amended by addinG a section, to be numbered 11-6, which said section reads as follows: is Sec. 11-6. Same - Standards of Granting or revokinG. The chief of police, in considerinG any applica- tion for or revocation or condition of any permit provided for by this chapter, shall take into account the reputation ORDINANCE NO. NS-1687 PAGE TWO and criminal record, if any, of the persons applyin~ for or operating under such permit, the number and nature of any violations of law occurring at or in the vicinity of any dancing activity conducted by said persons in the city prior to such consideration and the location and time 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 11-4 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 chapter have occurred in the place of business under consideration. No permit shall be issued if the applicant or any person interested in or havin~ 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. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion 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 portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, 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 provision applicable to any ORDINANCE NO. NS- 1687 PAGE THREE violation thereof, nor to affect the 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 6th day of June , 1983. ATTEST: · w x MB0uRCE , APPROVED AS TO FORM: COUNCILMEMBERS: Luxembourger Ave _ Griset Aye _ Acosta Aye Bricken Aye Johnson Aye McGu igan Aye. Young Aye