HomeMy WebLinkAboutORD-22-79 GOVERNING THE ISSUANCE OF DANCE PERMITStTY NEWS: Please publish Wednesday, April 25, 1979, only; and aend PROOF and Proof of
ion to City Clerk, P.O, Box 449, Orange, CA 92666
CHARLOTTE M. JOHNSTON , CMC, CITY CI.ERK
ORDINANCE
NO. 22-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE REPEALING SECTIONS 4260 THROUGH 4260 7
OF THE ORANGE MUNICIPAL CODE AND ADDING SECTIONS
6372 THROUGH 6372.13 THERETO, GOVERNING THE
ISSUANCE OF DANCE PERMITS IN THE CITY OF ORANGE.
have
and
WHEREAS, the City Council of the City of Orange desires to
uniformity in the procedures for the issuance of permits,
WHERE~S~ the Business Permits and Regulations article of the
range Munlcl~a~ Code se~s forth the general procedures for the
lssuance of slmllar permlts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
SECTION I:
Sections 4260 through 4260.7 of the Orange Municipal Code
are hereby repealed. Sections 6372 through 6372.13 are added to
the Orange Municipal Code to read as follows:
CHAPTER 7.1
DANCE REGULATIONS
section 6372 Definitions
The following terms used in this chapter shall have the
meanings indicated below:
a) "Bona fide public eating place" is defined as a place
which is regularly, and in a bona fide manner, used and
kept for the serving of meals to patrons for compensation
and which has suitable conveniences for cooking an
assortment of foods which may be required for ordinary
meals, and is in compliance with the food handling
l).1siness regulations. "Meals. means the usual assortment
qg foods commonly ordered at various times of the day;
rvice of such foods as sandwiches or salads only
shall not be deemed a compliance with this requirement,
Patrons" means persons who, during the hours when
meals are regularly served therein, come to a bona fide
public eating place for the purpose of obtaining and
actually ordering and obtaining at such time in good
faith a meal therein.
b) "Dinner-dancing place" is a bona fide public
eating place where music is provided and the public is
permitted to dance without payment of a
Ill
c) "private, dance" means a ~ance which is limited to those
persons ,~ndividually inv1ted to which no admittance
charge 1s,made, or a dance Conducted by any bona fide
clu~, soc~ety, association, church or school, organized
t~ncorporatded ~or benevolent, charitable, dramatic,
erarY,or anc1n~ purposes having an established
membersh~p, and wh~ch holds meetings other than such
dances ~t,regular stated intervals, when proceeds, if
any, ar1s~ng from such dance are used for the purposes
of s~ch club, society, association, church or school.
Prov1ded, however, that dancing by the occupants of and
guests at a private residence shall not be considered a
privat7 dance" as defined herein, and no license shall
be requ1red.
d) "publ4c d n " dacemeansa ance open to the public for an
adm~ttance fee or charge which is held on one day only.
e) "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.
f) "Youth dance" means a public dance, or public dance
hall, to which persons sixteen years of age and older
are admitted as participants.
Prior Code section 4260)
Section 6372. I Permit Required
No person shall conduct any public dance, public dance
hall, youth dance, or dinner-dancing place in the
City unless said person shall obtain a permit to do so as
hereinafter provided. (Prior Code Section 4260,
1)Section 6372.2 Application for
Permit Application for a permit under this part shall be
made to the Business Services Coordinator on forms provided
by the Business Services Coordinator, which application
shall contain the information in Section 6310 and the
following additional
information:
a)
b)The names and addresses of the persons who have
authority or control over the place for which the permit
is requested and a brief statement of the nature
and extent of such authority or
control.The name and address of each of the owners of
the premises upon which the permitted activity is to
be conducted, if the applicant is leasing such
premises.The specific type of permit for whic~ applicant
is being made, i.e., public dance, publ~c dance
hall,youth dance or dinner-
dancing place,The address to which notice, when required, is
to be sent or mailed, and the names of any
individual or individuals, in addition to those ~et
forth elsewhere,in the application, who are auth~r1zed to accept
serv~ce of process on behalf of the
perm~
ttee.
c}
el
Such informa~ion pe:tinent to the operation of the proposed
actJ.vity, J.ncluding information as to the management,
authority, control, financial agreements and
lease ~rrangements, as the City Manager may require of
an,applJ.c~nt, in addition to the other requirements of
thJ.s sectJ.on.prior
Code Section 4260.2)Section
6372.3 Application for Youth Dance A~
applican~ for a youth dance permit, in addition to those
J.tems requJ.red under Section 6372.2 shall specify the
minimum age of the young people who will be permitted to enter
as patrons.section
6372.4 Application Fee A
fee of $25.00 shall be paid upon the filing of each application
for a permit for the purpose of defraying the expenses
incidental to the processing of said application.If
a permit is thereafter granted, said application fee shall
be credited against the Business Tax Certificate fee required
under the provisions of the Orange Municipal Code.Prior
Code Section 4260,3)Section
6372. 5 Investigation of Applicant The
Business License Division shall refer the application for
investigation to the Fire Department, Police Department,other
divisions of the Department of Planning and Development Services,
and such other persons and departments as may be designated
by the City Manager. (prior Code Section 4260.4)Section
6372.6 police Investigation The
Chief of police shall cause each applicant to be fingerprinted
and photographed, a record of which shall be kept
in the office of the Chief of police. Applicant shall pay
the amount set by the State for processing the fingerprints.The
Chief of police shall cause an investigation of each applicant
to be made. (prior Code Section 4260.4)Section
6372.7 special Requirements for Dinner-Dancing Place
No dinner-dance permit shall be issued to any
person unless the following minimum requirements are
met:The dinner-dance establishment has at least
the following
prescribed
area:c)200 square feet of dance floor where
the maximum occupancy is not more than
50 persons.300 square feet of dance floor where
the maximum occupancy is between 51 and
75 persons.400 square feet of dance floor where
the maximum occupancy is between 76 and
100 persons.An additional 100 square feet of dance floor
per 25 persons increase in the
maximum
occupancy.
al
b)
Notwithst~
nding the aforementioned minimum areas for danckng,
the Ckty Manager may reduce the required dance floor
area to no less than 100 square feet in those special circumstances
in which the Police Department Fire Department and
Department of Planning and Development s~rvices determine'that
the gene~al seat~ng of patrons and the physical arrangement of
the establ ~shment ~n other respects is such that such lesser
space will provide adequate room for dancing and will not
endanger the public health, safety and welfare.Nothing
contained herein shall be construed to prohibit the
issuance of a dinner-dance permit where less space is
available upon an affirmative finding by the city Council,
based on a recommendation of the City Manager, that the area
reserved for dancing is separate from the general seating of
the patrons and the physical arrangement of the establishment
in other respects is such that the lesser space would provide
adequate room for dancing. (prior Code Section 4260.4)
Section 6372.8 Issuance of Dance Permit
The dance permit or denial shall be prepared and issued
by the Business Services coordinator upon compliance with
this chapter, and approval or denial by the city Manager.
The city Manager shall be required to submit to the city
council for review all dance permits approved by him.
prior Code section 4260,45)
Conduct at Dances - Minimum A e of Patrons -Liqhtinq - Hours
No persons conducting
any public dance hall, public dance, dinner-dancing
place or youth dance shall:Section 6372.
9 a)b)
Permit
or
allow any minor under the age of eighteen years to
enter, be, remain in, or to dance in any public dance
hall, public dance, or dinner-dancing place
or to permit or allow any ~in?r under the age,of sixteen
years to enter, be, rema~n,kn, or to ~ance ~n,any
youth dance, unless the minor ~s accompan~ed by hks parent
or guardian.Permit
or allow any intoxicated boisterous or diso:derly persons
to enter, be, remain in, or to dance there~n.Light
the dance establishment throughout to an intensity of
less than three foot candles during all hours of operation.
Fail
to adequately and uniformly light parking lots that
are owned, operated, or control~ed by the permittee and
used in connection with the permktted dance to an intensity
of less than two foot candles.c)
d)
e)
to
be hours
f)
Permit
any person to dance or permit any music played
or reproduced by any device between the of
2:00 a.m. and 9:00 a.m, of any day.Permit
any couple to dance in any lewd or suggestive manner
or make improper advances ,toward each other which
would be offensive to publ~c morals and decency,4-
IIIIIiiiaIIII
g) Readmit into any public dance hall, public dance, or
y~uth dance, an~ P7rson who has left such dance, unless
el.ther: an a~ml.ssl.on charge not less than charged to
patrons enterl.ng such pu~lic dance, public dance hall
or y~uth da~c~ for the fl.rst time is again paid or the
perml.t specl.fl.cally provides that such readmission may
be allowed.
prior Code section 4260.5)
section 6372 .10 Youth Dance Additional Regulations
In addition to the regulations in Section 6372.9, the
following regulations shall apply to a youth d.ance:
a) A youth dance permit does not permit any dance on any
premises where alcoholic beverages are sold, served, or
consumed. A person shall not conduct a youth dance on
any premises where alcoholic beverages are sold, served,
or consumed.
b) Before a permit for any youth dance is issued, the
Business Services Coordinator shall obtain a report
from the Fire Department, including a statement as to
the maximum number of persons which may be allowed
within such premises.
c) A permit for any youth dance shall specify the maximum
number of persons who may be on the premises. This
number shall not exceed the number specified by the
Fire Department. A person shall not conduct a youth
dance with more than the maximum number of persons as
specified on the youth dance permit.
d) An applicant for a youth dance permit must be at least
twenty-one years of age. The Business Services
Coordinator shall not issue a youth dance permit to any
person under twenty-one years
of age.Section 6372.11 Grounds
for Revocation After a hearing as provided in Section 6320,
the,City Manager may revoke any permit issued under ,the pr~viSl.
ons of this chapter on any of the grounds stated l.n Sectl.on
6320.1 or any of the
following grounds:al The establishment for which the permit was
issued is being operated in a
disorderly manner,bl Music or noise from the establ ishment for
which the permit was issued interferes with the peace
and quiet of
the neighborhood.Prior Code Section
4260.
Section
6372.12 Dancing Prohibited It;-
shallbe, unlawful for any person to dance in any estab11shment wh1ch
does not then possess a valid unrevoked dance permit
as require~ by this Part, provided, however,that such
person must f1rst be ordered to refrain from dancing and
be advised of the reason for such order by the owner, lessee,
manager or other person in charge of such establishment or
by any police officer. (Prior Code Section 4260.65)
section 6372.
13 Policing Every person
conducting a public dance hall, public dance or
youth dance shall employ a sufficient number of private Security
Officers to properly police said dance,The number
of such officers shall be determined by the Chief of Po
1 ice. (pr ior Code Section 4260,7)SECTION II:
This ordinance
shall be published once within fifteen (15)days after
its passage in the Orange City News, a newspaper of general circulation,
published and circulated in the City of Orange, and
shall take effect thirty (301 days from and after the date
of its final passage,ADOPTED this
17th day of April, 1979.Mayor of
the o.,..~^Ci
ty
of Orange ATTEs'r:
CHARLOTTE M,
JOHNSTON , CI~C City Cl'
ilrk, ofthe)Ci ty of Orange By: ' \_~'j~.-.
w\~Deputy CityClerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
SS CITY OF ORANGE )
I, CHARLOTTE M.
JOIINSTON, CMC, City Clerk of the,City o~Orange, California, DO
HEREBY CERTIFY that t~e forego7ng ord1nance was introduced at
a regular meeting of the C1 ty Counc11 duly held on the 10th
day of April, 1979, and thereafter at a regular .meeting of said
City Council duly held on the l?th day of Apr~l,197 9, was
duly passed and adopted by the follow1ng vote, to W1 t:AYES: COUNCILMEN: BARRERA,
SMITH, MAYOR 1I0YT, PEREZ NOES: COUNCILMEN: NONE
ABSTAINED: COUNCILMEN: BEAM
ABSENT: COUNCILMEN: NONE
WITNESS my hand
and seal this 18th day of April, 19B,Charlotte M. Johnston,
CMC City Clerk of
the City of Orange v,,,, ~1. '\~~\ ~^^'J ,,"
J By: "",J "'-'.H"'- \ ,"'>
J .ianda H, Moore Deputy City
Clerk 6-