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HomeMy WebLinkAboutOrdinance No. 657 ORDINANCE NO. 657 /.�i i f; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CERTAIN PROVISIONS OF THE AZUSA MUNICIPAL CODE RELATING TO DANCES AND PUBLIC DANCING. The City Council of the City of Azusa does ordain as follows: SECTION 1. Part 6 of Chapter 2 of Article IV of the Azusa Municipal Code and Sections 4260 to 4263, inclusive, are hereby repealed. SECTION 2. The Azusa Municipal Code is hereby amended by the addition to Chapter 2 of Article IV thereof of a new Part 6 consisting of Sections 4260 through 4266 .1 reading as follows: "PART 6 - DANCES AND PUBLIC DANCING SECTION 4260. DEFINITIONS. For the purpose of this Part, the following words and phrases are defined as hereinafter set forth: SECTION 4260.1. PUBLIC DANCE means a gathering of persons in or upon any premises or place where dancing is participated in and to which the public is admitted or invited with or without charge. SECTION 4260.2. DANCE HALL means any place where the holding or conducting of a public dance is carried on. SECTION 4260.3 . DANCING CLUB means any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests, more frequently than once a month, at which a fee is charged, either for admission to such dance or for dancing therein or at which any collection or donation of money is made or received, or in which the amount of dues to be paid by each member is dependent upon attendance at such dance by such member. SECTION 4260.4. DINNER DANCING PLACE means a place where food and music are regularly provided and the public is permitted to dance without payment of a fee. SECTION 4260.5. TEEN-AGE DANCE means a non-profit dance held or conducted exclusively for teen-agers and to which no persons twenty years of age or older are admitted as participants. SECTION 4261. REGULATIONS. No person shall violate any of the regulations or fail to comply with any of the mandatory provisions of this Part . SECTION 4261.1. HOURS. No person shall conduct or assist in conducting any public dance, dance hall, dancing club, dinner dancing place or teen-age dance between the hours of 2:00 A.M. and 6:00 A.M. of any day. SECTION 4261.2. ILLUMINATION. All public dances, dance halls, dancing clubs, dinner dancing place or teen-age dance shall be brightly lighted during all times when open for dancing. SECTION 4261.3. ALCOHOLIC BEVERAGES. Alcoholic beverages may be served at a place where public dances are being conducted, when the sale and serving of such beverages are permitted by State law, however, such alcoholic beverages shall not be taken to or -1- permitted on the dance floor or area where the actual dancing is being conducted. SECTION 4261.4. MINORS IN ATTENDANCE. No person under the age of twenty-one years shall be allowed in or about any public dance, dance hall, or dance club that sells or serves any alcoholic beverage. Nothing in this section shall be construed to prevent a person under twenty-one years from being in a bona fide hotel, cafe, or other place where meals are regu- larly served and where a public dance is being held in the event that such person does not participate therein. SECTION 4261.5. PARKING SPACE LIGHTING. All off-street parking facilities made available for the participants of teen-age dances shall be adequately lighted and supervised. SECTION 4261.6. RE-ENTERING. No minor admitted to a teen-age dance shall be permitted to leave and thereafter re-enter the dancing premises during the course of the event, and no pass-out checks shall be issued unless required by the physical arrangement of the premises. SECTION 4261.7. TEEN-AGE DANCE. USE OF ALCOHOLIC BEVERAGES. No alcoholic beverages shall be sold, consumed, or be available on the premises in or about which any teen-age dance is held. Admission to a teen-age dance shall be denied to any person showing evidence of drinking any alcoholic beverage or who has any alcoholic beverage on his person. SECTION 4261.8. SAME. LOITERING. No person shall loiter around or about the premises at which a teen-age dance is being conducted. SECTION 4261.9. FLOOR SPACE. No permit shall be issued for the conduct of any public dance, dance hall, dancing club or dinner dancing place, nor shall any such dance be conducted, at any establishment having less than the following prescribed area set aside and reserved exclusively for dancing, such area to be exclusive of hallway space. (a) Two-hundred square feet of dance floor where the seat- ing capacity of the establishment is not more than fifty persons. (b) Three-hundred square feet of dance floor where the seat- ing capacity of the establishment is not more than seventy-five persons. (c) Four-hundred square feet of dance floor where the seating capacity of the establishment is in excess of seventy- five persons. SECTION 4261.10. DISORDERLY PERSONS. No person managing, holding or conducting a public dance, dance hall, dancing club, dinner dancing place or teen-age dance or person employed in and about the same shall allow or permit any intoxicated, boisterous or disorderly person to enter, remain at or be in such place. -2- SECTION 4261.11. LEWD DANCING. No person or persons shall dance in any lewd or suggestive manner or make improper advances toward each other which would be offensive to public morals or decency. SECTION 4262. PERMIT REQUIRED. No person shall conduct or maintain any public dance, dance hall, dancing club, dinner dancing place or teen-age dance without a written permit as provided herein. SECTION 4262.1. SAME. POSTING. Every license or permit issued under the terms of this Code shall be posted in a conspicuous place at the location of such dance. SECTION 4263. APPLICATION FOR PERMIT. Any person desiring to obtain a permit to conduct or operate a public dance, dance hall, dancing club or dinner dancing place or teen-age dance shall file a written, signed application with the Chief of Police not less than two weeks prior to the date of the dance, showing the following: 1. Name, address and phone number of the applicant. 2. Date, hours and location where said dance or dancing is proposed and the admission fee if any to be charged. 3. Names of the persons having the management or super- vision of the proposed dance. SECTION 4263.1. FEES. Every person applying for a permit to conduct or carry on a public dance, dance hail, dancing club, dinner dancing place or teen-age dance, shall pay a permit fee to the City at the time of issuance of the permit of Ten Dollars for one day, Thirty-five Dollars for a period of three months, or Sixty-five Dollars for a period of six months, or One Hundred Twenty-five Dollars for a period of one year, provided, however, that no fee shall be required for teen-age dances or dances where no admission is charged or donation requested, and provided further that the City Council shall have the right, on proper showing, to waive or refund the fee in case of legitimate nonprofit religious or charitable dances. SECTION 4263.2. INVESTIGATION. The Chief of Police shall conduct a reasonable investigation to determine whether the allowing or permitting of dancing in the place for which permit is sought will be inimical to the public health, welfare or safety of the community, and whether the appli- cant and persons having supervision of the dance are of good moral character. SECTION 4264. PERMIT. If the Chief of Police, as a result of such investigation, finds that the dance or dancing for which the permit is sought will not be inimical to the public health, welfare or safety of the community and that the applicant and persons to have supervision are of good moral character, he shall issue a permit for such public dance, dance hall, dancing club or dinner dancing place or -3- stiw teen-age dance, and forward a copy of said permit to the City Council. Otherwise he shall deny the same. SECTION 4264.1. SAME. CONDITIONS. COMPLIANCE. The Chief of Police may make as part of any permit the require- ment that the person holding, conducting, carrying on or having charge or control of such dance employ police officers or approved special guards to assure the public peace will be kept and to assure the provisions of this Code, the permit, and the laws of the State of California will be abided by. The number of such police or guards will be determined by the Chief of Police. The Chief of Police may attach to the permit any conditions necessary for the protection of the public health, welfare or safety. The appli- cant and all persons participating in the management or super- vision of the proposed dance or dancing shall abide by all state- ments contained in the application, by all applicable laws and ordinances and by the terms and conditions set forth in the permit . SECTION 4265. EXCEPTIONS. A permit or fee for a teen-age dance is not required for any agency or department of the City, County of Los Angeles, the Board of Education, or other political subdivision of the State of California which is normally engaged in youth or child serving activities. SECTION 4266. REVOCATION OR SUSPENSION OF PERMIT. Any permit under the terms of this Part may be revoked or suspended at any time by the Chief of Police or City Council for any of the following reasons: 1. The conduct of such dance hall, public dance, dancing club, dinner dancing place, or teen-age dance, does not or will not comport with the public welfare for any reason. 2. The same has been conducted in an illegal, improper or disorderly manner. 3. The proprietor or person in charge thereof violates or permits any infraction of any law of the State or any ordinance of the City. SECTION 4266.1. HEARING. When any permit issued under the terms of this Part has been revoked or suspended, the person to whom the permit was issued may in writing appeal the revocation or suspension to the City Council within five days of such suspension or revocation. The City Council shall hold a public hearing as soon as practicable after receiving such appeal and shall consider all facts and evidence bearing on the reason for the suspension or revocation. After hearing all facts and evidence, the City Council shall, if the suspension or revocation appears warranted, affirm such suspension or revocation. Otherwise it may reinstate such permit. " SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall publish the same as required by law. Passed and approved this 5th day of December , 1960. M , or -4- STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF AZUSA I, GEORGE CASWELL, Deputy City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No . 657 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 21st day of November , 1960. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 5th day of December, 1960, by the following vote, to-wit : AYES: Councilmen: Paul, Johnson, Teasley, Ortuno NOES: Councilmen: None ABSENT:Councilmen: McLees f40--Y-att, ctokazi)---Q_ eputy City Clerk I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 12th day of December , 1960, and that the same was published in accordance with law. -All Q pu y ity er 12j2 -5-