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HomeMy WebLinkAboutOrd 565-1967 ORDINANCE NO. ~65 AN ORDINANCE OF THE CITY OF SOUTH SAN ~RANCISC0 REGULATING PUBLIC DANCE HALLS AND DANCES. The City Council of the City of South San Francisco does ordain as follows: SECTION I. PERSON DEFINED. The term "Person" as used in this ordinance includes any firm, oopartnership, corporation, association, society, club, individual or group of individuals. SECTION II. CITY DEFINED. The term "City" as used iu this ordinance shall mean the City of South San Francisco. SECTION III. DANCE; DANCE HALL DEFINED. The term "Dance" for the purpose of this ordinance shall include: 1. Every dance not held in a private home or residence. 2. Any class in which instruction in dancing is given for hire. 3. The term "dance hall" shall mean any building or place iu which dances, as above defined, are to be held. SECTION IV. DANCES CLASSIFIED. For the purpose of this ordinance, dances, as herein defined, shall be classified as follows: 1. Class (A) shall include all dances of bona fide social character, to which admission is limited strictly on invitation of the person, acting as host, and for which uo fee, either by way of admission, donation or in any other manner, is charged. 2. Class (B) shall include 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 -1- admission is limited to members and guests, the revenue accruing therefrom to be used exclusively for the benevolent purposes of said organization and dancing is, iu fact, only au incidental reason for the existence of said organization. 3. Class (C) shall include all dancing academies and dancing classes solely iu which instruction in dancing is given for hire. 4. Class (D) shall include all dances for which admission is or is not charged, and to which the public is promiscuously invited, and all other dances except those iu Classes (A), (B), and (C). SECTION V. LICENSE REQUIREMENT. A. Every person who rents, lets, leases, gives or donates the use of a dance hall to another person for the purpose of dances in classes (.A), (B), (C), or (D) shall, at least ten (10) days prior to said use, notify the City Police Department of the names and addresses of the persons who will so use said dance hall. Said notification shall also include the following: 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 be consumed, dispensed, sold, served or given away. B. In addition, every person who rents, lets, leases, gives or donates the use of a dance hall to another person shall immediately give to said prospective dance hall user a copy of the Dance Hall Regulations as enumerated in Section X of this ordinance. Said copy shall also inform the prospective dance hall user that there are other provisions in the Dance 0rdiuance which must be complied with depending on~ the type -2- of dance and that the prospective dance hall.user is deemed to know the content and requirements ~ said other provisions. The City Police Department shall maintain a supply of said copies which shall be available to the public upon request. C. Every person holding a class (B) dance shall, at least ten (10) days prior to ~aid 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 said organization. Said notification shall also include the following: 1. Date of dance. 2. Number of persons attending. 3. Whether alcoholic beverages will be cousumed~ dispensed, sold, served or given away. D. Every person holding a Class (C) and/or (D) dance must possess a Dance License issued by the City Clerk. Before the City Clerk may issue~au initial Dance License the applicant must obtain permits from the City Police and Fire Departments, as described iu Sections VI and VII of this Ordinance, and pay certain fees, as described in Section VIII or'this 0rdinauce. SECTION VI. APPLICATION FOR PERMITS. The person applying to the Police and Fire Departments for Pe~nits to obtain a Dance License from the City Clerk must include the following under oath: A. Police Department (1) The true'names and addresses of all persons financially interested in the dance and dance hall. The term "persons financially interested" shall include all persons who share:~, in the profits of the business on the basis of gross or net revenue; (2) The past criminal record, if any, of the applicant and of all persons financially interested in the dance and~dance hall business; (B) The exact location and address of the dance hall where the applicantwill~conduct his dance and dance hall business. (4) The.application shall also include fingerprints taken by the Chief of Police and recent photograph of the applicant and of persons financially interested in the danc~ and dance hall business; (5) Citizenship of applicants; a permit may be issued only to citizens of the United States. (6) The maximum member of persons to be allowed in the specified dance hall. B. Fire Department (1) The~true names and addresses of all persons financially interested in the dance and dance hall business. The term "persons financially interested" shall include 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 dance hall where the applicant will conduct his dance or dance hall business. (3) The maximum number of ~persons to be allowed in the specified dance hall. SECTION VII. GROUNDS FOR DENYING PERMITS. The Chief of Police and Fire, Chief shall either grant or deny the applications for Permits to obtain a Dance License within thirty (BO) days after said application if filed with t~iem. They shall deny said permits if: A' Police Department -4- (1) Said applicant has previously been convicted of any narcotics or morals, violations; or (2) Said applicant has previously been convicted of a felony; or (3) The applicant has a bad moral character; or (4) The structure or building is by reason of its physical design unsuited to ready police inspection; or (5) The proposed location is within two hundred (200'; feet of a church, school, hospital, children's playground or residential area; or (6) The applicant has made any false statement in his application; or (7) 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 (8) The building or location fails to meet the required or applicable City, County or State building, zoning or health laws or regulations. B. Fire Department (1) 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 (2) The premises do not comply with all fire ordinance and codes of the City, County or State; or (3) The structure or building is. by reason of its Physical design unsuited to ready fire-safety inspection. C. Each appliCant for Police and Fire Department Permits. to obtain a Dance License shall be accompanied by a total fee of Ten and no/lOOths ($10.00) Dollars. Said fee shall be paid to the City Clerk and shall ~ot~'b$~re~r~ed'~n C~e~'~vent that the permit or permits is/are denied. D. The actions of the Chief of Police and/or Fire Chief in denying a permit on the basis of subsections A(3), A(;~), A(5), A(6), A(7), A(8), B(1), B(~), or B(3) of this section shall be subject to an appeal to the City Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the denial of said permit. Upon failure to file such notice within the ten (10) day period the action of the Police Chief and Fire Chief in denying the permit shall be final and conclusive. SECTION VIII. LICENSE FEES-ANl~JAL LICENSE A. In addition to the permits required in Section V of this Ordinance, the City Clerk shall not issue an initial DanceLicense until the applicant pays a license fee to the City Clerk according to the maximum number of dancers to lawfully be allowed to dance at any one time in or about the specified dance hall as follows: (1) 1 to BO dancers ................ $25. (2) 31 to 100 dancers .............. $50. (3) 101 or more dancers ............ $100. B. The license fees prescribed in this section are due and payable on a calendar year basis from January First in advance. Fees for licenses issued after the first day of January of the calendar year shall be pro-rated with regard to the calendar year on a monthly basis. A Dance License is valid only on a calendar year basis from Januar~j~~', First from year to year and requires annual renewal. SECTION IX. LICENSE RENEWAL Once an initial Dance License has been issued, the Police Chief and Fire Chief may waive the requirement that the licensee obtain permits as prescribed in Section V~D. of this Ordinance when applying to the City Clerk for a renewed annual Dance License. SECTION X. DANCE HALL REGULATIONS (1) Hours of Dancin$ - no person shall dance between the hours of I:B0 A.M. and 8:00 A.M. and the Dance Licensee shall not permit said dancing. On Sundays no person shall dance between the hours of 12 midnight and 8:00 A.M. except Holidays when no person s~all dance between the hours of I:B0 A.M. and 8:00 A.M. (2) No Dancing While Intoxicated - no person shall engage or be permitted by the Dance Licensee to be engaged in any dance while in an intoxicated condition. (3) No Immoral Dancing - no person shall engage or be permitted by the Dance Licensee to be engaged in an2 immoral or obscene dancing. ~(4) Lighting - It is unlawful for an2 person conducting, maintaining or carrying on a public dance 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 hall after sunset of any day, unless such public dance hail be lighted or illuminated .by electric light, or other law- ful means, in such manner and to such extent as is usual or customary for lighting or illuminating halls or rooms of like dimensions in the nightime for public assemblies, before any person is admitted thereto and before any dance or dancing is commenced therein. a. Minimum Intensity of Lisht - The intensity of such lighting or illumination shall at no time be less than one candle power at a plane three feet above the floor of such dance hall at all parts of such hall. b. Continuity of Lighting - Such lighting or illumination shall be maintained thereafter throughout the entire time while such dance or dancing is in progress, without a diminution add without interruption, until such dance or dancing is concluded and until such hall is cleared and closed. -?- c. Tampering withLi~hts - No person shall shut or turn off the lights or lighting, or reduce the intensity thereof below the minimumin this Article prescribed in any public dance hall at any time after sunset of any day while a dance or dancing is in progress or being conducted therein, or during any recess or other inte~misslon in such dance or dancing. (5) Allowing Children in Dance Halls - No person conducting, maintaining or carrying on a public dance hall, or having, cha~ge or control thereof, shall permit to be admitted to such public dance hall, or to dance therein, any minor under the age of sixteen years, at any time while a dance or dancing is in progress or being held, conducted or carried on therein, unless said minor is accompanied and under the care at all times while in said dance hall, of ~ parent or parents or legal gu~rdian. (6) Children in Dance Halls - It is unlawful for any minor under age of sixteen years to enter, or to be or remain in any public dance hall in this City at any time when a dance or dancing is in progress or being held, conducted or carried on therein, or to dance therein, unless said minor is accompanied and under the care~at all times while in said dance hall, of his parent or parents or guardian. (7) Sienin~ of Re~ister - Every person seeking admission to a public dance hall or bo any public dance shall, upon the request of the manager, proprietor or doorkeeper, or managing agent of the proprietor of such public dance, hall or public dance, register his or her~, true name, age and address in his or her own handwriting. (8) Number of Persons Allowed in Dance Hall - The number of persons allowed in the specified dance hall shall not exceed those~prescribed in the minimum standards, rules and regulations that have been formally adopted by the State Fire Marshall 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. (9) Police and Fire Inspection - Ail dance halls shall be open to police and fire inspection during all hours of operation. (10) Dance Hall Supervision - The dance hall shall always be supervised continuously, during open hours, by the Dance Licensee or his agent which shall act in his place and for which said licensee shall be responsible, or by the person~hiring the dance hall regardless of the fact that said person did or did not give consideration for the hire of said dance hall. (ll) Police Officer ReGuired - Ever~ dance havin~ at anyone time an attendance greater than fifty (50) persons shall hire a police officer or officers approved by the City Chief of Police to be present during said dance unless in the discretion of said Chief of Police the hiring of a police officer or officers is not necessary to preserve and protect the safety, welfare and morals of those in attendance and the community. (12) Public Nuisance - No person shall permit, cause, create, conduct, or allow to be maintained a public nuisance in, upon or about any dance hall. A public nuisance for the purpose of this ordinance shall include but not be limited to boisterous conduct and loud, unusual, and discordant sounds that cause public annoyance or menace the public comfort, safety or welfare. (13) Posting License - TheDance Licensee shall post and keep posted the Dance License issued to him, or each certificate of renewal thereof, in a conspicuous place on the premises for which the same is granted. SECTION XI. SUSPENSION AND REVOCATION The Police Chief or Fire Chief shall have the right for cause to revoke or suspend any Dance License and take possession of said license and order the dance stopped and terminated. Any of the grounds upon which the Police Chief or Fire Chief ~hall be required to refuse to issue an initial permit to obtain a Dance License shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a Dance License or a person hiring the dance hall, regardless of consideration, to comply with the provisions of this Ordinance shall also constitute grounds for revocation or suspension of such license and ordering the dances stopped and terminated. The action of the Police Chief and Fire Chief in this respect shall be subject to an appeal to the City Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the -9- revocation or suspension. Upon failure to file such notice within the ten (10) day period, the action of the Police Chief and Fire Chief iu revoking or suspending the license shall be final and conclusive. Any person whose license has been revoked shall not be eligible to again apply for a license for a period of one (1) year from the date said revocation became final and conclusive. SECTION XII. LICENSE NOT ASSIGNABLE No Dance License issued under the te~-ms of this ordinance shall be assignable or transferable. SECTION XIII. PENALTY Any person who violates any provision of this 0rdiuance shall be guilty of a misdemeanor and, upon conviction thereof~ shall be punished by a fine of not less than Fifty Dollars ($50.00) and not more than Three Hundred Dollars ($BO0.O0), or by imprisonment for a period of Thirty (BO) days, or by both such fine and imprisonment. SECTION XIV. EXCLUSIONS This Ordinance shall not be applicable to school dances approved and supervised by the South San Francisco Unified School District nor to dances sponsored or supervised by the City Park and Recreation Department. SECTION XV. NON-WAIVER CLAUSE Nothing in this O~dinauce shall relieve~ a person to whom a Dance License is issued from complying with all other City, County, State and Federal, health, safety, sanitation, licensing and other law requirements. SECTION XVI. SEVERABILITY If any section¥,sentence, clause or phrase of this 0rdiuauce is for any reason held to be unconstitutional or invalid, said decision shall not affect the validity of the remaining portions of this 0rdtuance. The City Council hereby declares that it would have passed this 0rdiuauce, and each section, sentence, clause and phrase hereof irrespective of the fact that any one or some other section, sentence, clause or phrase be declared unconstitutional or invalid. SECTIONXVII. PUBLICATION AND EFFECTIVE DATE. This 0rdiuauce shall be published once iu 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. Introduced this 3rd day of July , 19 67 Passed and 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 this of July ., 19 67 following vote: AYES, COUNC~N 17th · by the day Patrick E. Ahern, Frank J. Bertucelli, Emilio Cortesi, Andrew Rocca and Guido J. Rozzi NOES· " None ABSENT, " None Attest: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 17th day of July 19 67 .