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HomeMy WebLinkAboutOrd 1108-1992ORDINANCE NO. 1108-92 AN ORDINANCE AMENDING CHAPTER 6.48 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGULATING PUBLIC DANCE HALLS AND DANCING THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.48 of the South San Francisco Municipal Code is hereby amended to read: "Chapter 6.48 Public Rental Halls Dance Premises and Dancing Sections: 6.48.010 6.48.020 6.48.030 6.48.040 6.48.050 6.48.060 6.48.070 6.48.080 6.48.090 6.48.100 6.48.110 6.48.120 6.48.130 6.48.140 6.48.150 6.48.160 6.48.170 6.48.180 6.48.190 6.48.200 6.48.210 6.48.220 6.48.230 Definitions Dances classified Dance premise or rental hall license required Application for dance premise or rental hall license Grounds for denying licenses Annual license fees Notification and single event permit required License posting Single event permit possession Security officers required Dance premise or rental hall supervision Police and fire inspection Hours of dancing Immoral dancing Lighting Number of persons allowed in dance premise or rental hall Public nuisance Dance premise or rental hall license suspension and revocation Single event permit suspension and revocation Permit not assignable Penalty for violation Exclusions Nonwaiver clause 6.48.010 Definitions. A. "City," as used in this chapter, means the City of South San Francisco. B. "Dance," for the purpose of this chapter, includes every dance not held in a private home or residence, or private business premise for its employee functions. C. "Dance premise" means any building or place in which dances, as above defined, are held. D. "Person," as used in this chapter, includes any firm, copartnership, corporation, association, society, club, individual or group of individuals. 6.48.020 Dances classified. For the purpose of this chapter, dances, as herein defined, shall be classified as follows: A. Class A includes all dances of bona fide social character, to which admission is limited strictly by invitation of the person acting as host, and for which no fee, either by way of admission, donation or in any other manner, is charged. B. Class B includes all dances given by any bona fide fraternal, charitable religious or benevolent organization having a regular membership associated primarily for mutual, social, mental and civil welfare, to which admission is limited to members and guests, the revenue accruing therefrom to be used exclusively for the benevolent purposes of the organization and dancing is, in fact, only an incidental reason for the existence of the organization and is held in spaces owned or leased by the organization. C. Class C includes all dance premises where dancing is an accessory use in conjunction with a place of entertainment serving food and/or liquor, having a floor show, and/or providing music and limited space for dancing. D. Class D includes all dances for which admission is or is not charged, and to which the public is randomly invited and all other dances except those in Classes A, B and C. 6.48.030 Dance premise or rental hall license required. Every person holding any class dance must possess a dance license for the premise issued by the City Collector. Before the City Collector may issue an initial dance license, the applicant must obtain approvals from the City Police and Fire Departments, and Planning Commission where appropriate, as described in Sections 6.48.040 and 6.48.060, and pay certain fees, as described in Section 6.48.060. 6.48.040 Application for dance premise or rental hall license. The person applying to the City Collector for a dance premise or rental hall license must complete the following processes: A. Planning Division. 1. The applicant shall comply with all applicable conditions of chapter 20 of the municipal code for the location proposed for the dance premise or rental hall. Police Department processes shall be handled concurrently with any required use permit procedure. 2. If the applicant is required to obtain a use permit for the dance premise or rental hall, the Police Department shall report to the Planning Commission and City Council if necessary a recommendation to deny or approve the use permit and the specific reasons for the recommendation. B. Police Department. The applicant shall be required to complete a written application, under oath, containing all of the following information: 1. The true names and addresses of all persons financially interested in the dance premise or rental hall. The term "persons financially interested" includes all persons who share in the profits of the business on the basis of gross or net revenue. 2. The exact location and address of the premise where the applicant will conduct his business. 3. The maximum number of persons to be allowed in the specified premise. 4. Evidence of insurance in a form and amount acceptable to the City Attorney shall be provided by the applicant prior to the issuance of the permit. 6.48.050 Grounds for denying licenses. In those situations where a use permit process is not required, the Chief of Police shall either grant or deny the application to obtain a dance premise or rental hall license within thirty (30) days of the filing of the application. The permit may denied for any of the following reasons: 1. The structure or building is by reason of its physical design unsuited to ready police inspection; or 2. The applicant has made any false statement in his application; or 3. The granting of a license to the applicant in the location applied for would be detrimental to the public health, welfare, safety or morals; or 4. The building or location fails to meet the required or applicable City, County or State building, zoning or health laws or regulations; or 5. The specified premises do not meet with the minimum standards, rules and regulations that have been formally adopted by the State Fire Marshal for the prevention of fire or for the protection of life and property against fire or panic; or 6. The premises do not comply with all fire ordinance codes of the City, County or State; or 7. The structure or building is by reason of its physical design unsuited to ready fire safety inspection; or 8. The applicant has not obtained or complied with the conditions of required zoning or planning approvals or with other existing departmental conditions; or 9. The applicant has failed or refuses to comply with any City ordinance, regulation or condition. C. Each application for a dance premise or rental hall license shall be accompanied by receipt showing that applicant paid to the Director of Finance a nonrefundable processing fee as set forth in the master fee schedule of the City adopted by resolution of the City Council. D. The action of the Police Chief in denying a license shall be subject to an appeal to the City Manager. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the denial of the license. Upon failure to file such notice within the ten (10) day period the action of the Police Chief in denying the license shall be final and conclusive. 6.48.060 Annual license fees. A. The City Collector shall not issue an initial dance premise or rental hall license until the applicant pays an annual license fee to the Director of Finance as set forth in the master fee schedule of the City adopted by resolution of the City Council. B. The annual license fees prescribed in this section are due and payable on a calendar year basis from January 1st in advance. Fees for licenses issued after the first day of January of the calendar year shall be prorated with regard to the calendar year on a quarterly basis. A dance premise license is valid only on a calendar year basis from January 1st from year to year and requires annual renewal. 6.48.070 Notification and single event permit required. A. Every person who rents, lets, leases, gives or donates the use of a dance premise or rental hall to another person for the purpose of dances in Classes A or D, or any event other than dance Classes B or C, having an attendance greater than fifty persons shall, at least ten (10) work days prior to the use, notify or arrange for notification of the City Police Department of the names and addresses of the persons who will so use the dance premise or rental hall. The notification shall also include the following information listed on an application form provided by the Police Department or dance premise rental hall licensee. 1. Date of dance; 2. Type of function (i.e. wedding reception, party, dinner dance, etc.); 3. Number of persons attending; 4. Whether alcoholic beverages will dispensed, sold, served or given away. be consumed, B. In addition, every person who rents, lets, leases, gives or donates the use of a dance premises or rental hall to another person shall immediately give to the prospective dance premise or rental hall user a copy of the dance premises regulations as enumerated in Sections 6.48.130 - 6.48.190 and use permit conditions if applicable. The copy shall also inform the prospective dance premise or rental hall user that there are other provisions in this chapter and Police Department special conditions which must be complied with depending on the type of dance and that the prospective dance premise or rental hall user is deemed to know the content and requirements of those provisions. The City Police Department shall maintain a supply of copies which shall be available to the public upon request. C. Every person holding a class B dance shall, at least ten (10) work days prior to the dance, notify the City Police Department of the name of the fraternal, charitable, religious or benevolent organization and the names and addresses of the Chief Executive Officer and Secretary of the organization. The notification shall also include the following: 1. Date of dance; 2. Type of function; 3. Number of persons attending; 4. Whether alcoholic beverages will be consumed, dispensed, sold, served or given away. 5 D. If after review of preceding required information, the Police Department approves the single event application, they shall issue a single event permit with appropriate special conditions. 6.48.080 License Posting. The dance premise or rental hall licensee shall post and keep posted the license issued to him, or each certificate of renewal thereof, in a conspicuous place on the premises for which the same is granted. 6.48.090 Single event permit possession. The applicant for which a single event permit has been approved shall maintain in their possession, during the event, copies of the permit, special conditions, and ABC permits for inspection by the Police and Fire Departments upon request. 6.48.100 Security officer(s) required. a) Every event in a dance premise or rental hall having at any one time an attendance greater than fifty (50) persons shall hire a South San Francisco police officer or private security officers approved by the City Chief of Police, to be present during the event, unless in the discretion of the Chief of Police the hiring of a South San Francisco police officer or private security officers is not necessary to preserve and protect the safety, welfare and morals of those in attendance and the community. This discretionary waiver will take into consideration the on-site presence of the licensee's agent(s) during the event, and their ability to control behavior. b) If the nature of the single event requires hiring of City regular or reserve police officers, the applicant shall deposit funds with the City's Finance Division to cover projected security costs prior to issuance of the single event permit. 6.48.110 Dance premise or rental hall supervision. The dance premise or rental hall shall always be supervised continuously during open hours by the licensee or his/her agent which shall act in his/her place and for which the licensee is responsible, or by the person hiring the premise regardless of the fact that the person did or did not give consideration for the hire of the premise. 6.48.120 Police and fire inspection. Ail dance premises or rental halls shall be open to City inspection at all times without advance notice. 6.48.130 Hours of operation. The hours of operation, dancing and/or playing music shall be restricted to those specified in the approved permit, and at no time shall occur between the hours of one thirty a.m. and eight a.m. 6.48.140 Immoral dancing. No person shall engage in or be permitted by the dance premise or rental hall licensee to be engaged in any immoral or obscene dancing as prescribed in chapter 10.10. 6.48.150 Lightinq. It is unlawful for any person conducting, maintaining or carrying on a public dance premises or rental hall or having charge or control thereof, or for any person employed in and about the same, to hold or conduct, or to cause or permit to be held or conducted any dance or dancing in any dance premise unless such public dance is illuminated by electric light, or other lawful means, at a level of no less than five footcandles average maintained at floor level, as prescribed in the Illuminating Engineering Society Lighting Handbook Application Volume. 6.48.160 Number of persons allowed in dance Dremise or rental hall. The number of persons allowed in the specified premise shall not exceed those prescribed in the minimum standards, rules and regulations that have been formally adopted by the State Fire Marshal for the protection of life and property against fire or panic nor shall the number exceed those prescribed in all city fire codes and ordinances. 6.48.170 Public nuisance. No person shall permit, cause, create, conduct, or allow to be maintained a public nuisance in, upon, or about any dance premise or rental hall. In addition to the definition of nuisances set forth elsewhere in this code, a public nuisance for the purpose of this chapter includes boisterous conduct, and loud, unusual and discordant sounds that cause public annoyance or menace to public comfort, safety or welfare. 6.48.180 Dance premise or rental hall license suspension and revocation. The Police Chief shall have the right for cause to revoke or suspend any dance premise or rental hall license and order the use and rental of the premise for dancing stopped and terminated. Any of the grounds upon which the Police Chief is required to refuse to issue an initial license shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a dance premise or rental hall license, regardless of consideration, to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension and ordering the dances stopped and terminated. The action of the Police Chief in this respect shall be subject to an appeal to the City Manager. Notice of such appeal shall be filed with the City Manager within ten (10) days after the revocation or suspension. Upon failure to file such notice within a ten (10) day period, the action of the Police Chief in revoking or suspending the dance premise or rental hall license shall be final and conclusive. Any person whose dance premise or rental hall license has been revoked shall not be eligible to again apply for a dance premise or rental hall license for a period of one (1) year from the date the revocation became final and conclusive. 6.48.190 Single event permit suspension and revocation. The Police Chief shall have the right for cause to revoke or suspend any single event approval and order the event stopped and terminated. Any of the grounds upon which the Police Chief is required to refuse to issue an initial single event permit shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a single event permit or a person hiring the dance premise or rental hall, regardless of consideration, to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of such single event permit and ordering the event stopped and terminated. The action of the Police Chief in this respect shall be subject to an appeal to the City Manager. Notice of such appeal shall be filed with the City Manager within ten (10) days after the revocation or suspension. Upon failure to file such notice within a ten (10) day period, the action of the Police Chief in revoking or suspending the single event permit shall be final and conclusive. Any person whose single event permit has been revoked shall not be eligible to again apply for a single event permit for a period of one (1) year from the date the revocation became final and conclusive. 6.48.200 Licenses and permits not assignable. No dance premise or rental hall license or single event permit issued under the terms of this chapter shall be assignable or transferable. 6.48.210 Penalty for violation. Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.24 of this code. 6.48.220 Exclusions. This chapter shall not be applicable to school dances or events approved and supervised by the South San Francisco Unified School District or to school dances or events sponsored and supervised by private schools in the City or to dances or events sponsored or supervised by the City Park and Recreation Department. 6.48.230 Nonwaiver clause. Nothing in this chapter shall relieve a person to whom a dance premise or rental hall license or single event permit is issued from complying with all other City, County, State and Federal, health, safety, sanitation, licensing and other law requirements." SECTION 2. Publication and Effective Date. This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the Enterprise Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. 9 Introduced at a regular meeting of the City Council of the city of South San Francisco, held the llth day of December , 1991. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the 8th day of January , 1992, by the following vote: AYES: NOES: Councilmembers Jack Drago, Joseph A. Fernekes, Gus Nicolopulos, Roberta cerri Teglia, and Mayor John R. Penna None ABSTAIN: None ABSENT: None ATTEST: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 8th y~~of~~ , 1992. 10