HomeMy Public PortalAboutOrd. 0794ORDINANCE No. 794
AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING SECTIONS
10.1, 10.2, 10.3, 10.4, i0,5, 10.6, 1.0.7, l0>8, 10.g,
10.10, 10.11, 10,12, 10.13, 10.14, 10,1?, 20.82, 2o.loz,
21.2, and 21.3, T'0 REGULATE DANCING WHERE INTOXICATING
LIQUOR IS SGLD AND OFFERED FOR SALE FOR CONSUMPTION UPON
THE PREMISES, IN THE CA~£E QR RESTAURANT 'PYPE DANCE,
WHETHER OR NOT INTOXICATING LIQUOR IS SOLD OR OFFERED FOR
SALE FOR CONSUMPTION UPON THE PREMISES, TO PROVIDE A
METHOD WHEREBY PERSONS WHO HOLD LICENSES FROM THE COUNTY
OF LOS ANGELES IN TERRITORY RECENTLY ANNEXED TO THE
CITY OF LYNWOOD MAY CONTINUE TO CONDUCT OR OPERATE A
PUBLIC DANCE HALL, PUBLIC DANCE, CLUB DANCE, DANCING
CLUB OR TAVERN DANCE PENDING b~INAL ACTION OF THE CITY
COUNCIL ON SAID PERSONS' APPLICATION FOR A PERMIT AND
TO MAKE CHANGES GENERALLY IN CHAPTER 10 OF THE LYNWOOD
CITY CODE.
Section 1. Section 10.1 of the Lynwood City Code is amended
as follows:
(a) To delete the definition of "public dance" and to
substitute the following:
"Public Dance shall mean a dance conducted by any person,
whether or not for profit, to which the members of the public are
admitted or allowed to participate in such dancing, with or without
charge, except a dance conducted by and under the supervision of the
City of Lynwood Recreation Department."
(b) To add the following definition:
TAVERN DANCE. Tavern Dance shall mean any dance conducted
in a beer bar or tavern, cocktail lounge, or in a cafe, coffee shop or
restaurant where the public may participate in dancing with or without
the purchase or consumption or service of food and/or beverages.
Section 2. Section 10.2 of the Lynwood City Code is amended
to read as follows:
WHEN DANCES ARE PROHIBITED,: "It shall be unlawful for any
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person to conduct or operate any public dance, public dance hall, dancing
club or club dance between the hours of 1:00 a~m. and 6:00 a~m. and it
shall be unlawful for any persons to conduct cr operate a tavern dance
between the hours of 1:45 a.m, and 6:00 a.m. It shall be unlawful for
any person to dance or to participate in any dance on the permises of
the permittee during the hours hereinabove set forthe"
Section 3e Section 10.3 of the Lynwood City Code is amended
to read as follows:
LIGHTING OF DANCING PLACES
"Ali public dance halls, or places
where public, club or tavern dances are held must at all times when open
for dancing be lighted throughout to an intensity of not less than three
foot candles during ail hours of operation except where a floor show
or speciality dance is in progress."
Section 4. Section 104 of the Lynwood City Code is amended
to read as follows:
BOISTEROUS, DISORDERLY, ETC, CONDUCT, "I r, shall be unlawful
for the proprietor or permittee to permit any intoxicated, boisterous,
or disorderly person to enter, be or remain in any public dance hall,
public dance, club dance, dancing club or tavern dance, or for any
person to conduct. himself in a boisterous or disorderly manner in a
public dance hall, public dance, club dance, dancing club or tavern
dance."
Section 5. Section 10.5 of the Lynwood City Code is amended
to read as follows:
ATTENDANCE, ETC., BY SPECIAL POLICE OFFICERS• APPLICATION FOR
AND APPOINTMENT OF OFFICER. "The proprietor or permittee under a permit
from the City Council who conducts a public dance hall, public dance,
club dance, dancing club or tavern dance, shall have the right to apply
to the Chief of Police for the appointment of special police officers to
attend a dance; and the Chief of Police, whether or not the application
is made shall, in his discretion, have the power and authority to
appoint special. police officers to attend the public dance hall, public
dance, dancing club, club dance or tavern dance during the time the
dances are conducted for the purpose of maintaining order and seeing
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that no violation of any rules cr regulations of the City Council, l.aw
of the State or any crdinance of the City is permitted. The special
police officer so appointed shall be paid by the proprietor or permittee.
The presence of special police officers in any public dance hall, public
dance, club dance, dancing club or tavern dance shall not .relieve the
proprietor, or any of his employees, from the responsibility of any
violation of any lava or ordinance "
Section 6~ Section 10.6 of the Lynwood City Code is amended
to read as follows:
INSFECTION OF DANCES BY POLICE OFFICER. "Any police officer
of the City on duty, whether working in uniform or civilian clothes,
shall be admitted without charge to any such pub.-iic dance, club dance,
public dance hall, dancing club or tavern dance at any time for the
purpose of inspecting the conduct of those participating in the dancing
and to see that the provisions of this Chapter are being properly complied
with."
Section 7. Section 10.7 of the Lynwood City Code is amended
as follows:
DANCING SCHOOLS
"Nothing in this Chapter shall apply to a
dancing school, except when conducting a public or private dance other
than regular instruction."
RELIGIOUS, FRATERNAL AND CHARITABLE DANCES, "Nothing in
this Chapter shall apply to any dance conducted or given by any
recognized religious, charitable, civic, fraternal, public school or
patriotic organizat5_on of the City; provided, however, (a) that dances
given principally for minors by the organizations enumerated in this
Section shall be conducted or given under proper supervision of adults,
and (b) as a condition precedent to conducting such dance the provisions
of Section 10.12 of the Lynwood City Code be complied with "
Section 8. Section 10.8 of the Lynwood City Code is amended
to read as follows:
(a) PERMIT TO CONDUCT DANCES OR DANCING CLUBS REQUIRED. "It
shall be unlawful for any person to conduct or assist in conducting or
operating any public dance hall, dancing club, %;lub dance, public dance
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or tavern dance in the City of Lynwood unless under and by authority
of a written permit from the City Council, Any person conducting,
assisting in conducting or operating a public dance hall, public dance,
club dance or tavern dance as defined by the Lynwood City Code as
amended by this ordinance, in territory recently annexed to the City
of Lynwood under and by virtue of a permit and/or license given to
said licensee by the County of Los Angeles, and which has not been
revoked or suspended, may continue to conduct and; or operate said
public dance hall, public dance, club dance, dancing club, or tavern
dance under the authority given said licensee by the County of Los
Angeles until final action has been taken by the City Council upon
the application by such person for a permit to conduct a public dance
hall, public dance, club dance, dancing club or tavern dance under the
provisions of the Lynwood City Code as amended by this ordinance;
provided, however, that as a condition precedent to the continued
conduct or operation of said dance pursuant to the provisions of this
Section, said person shall forthwith pay to the City Clerk of the City
of Lynwood the application filing fee described in Section 20.102 of the
Lynwood City Code and he shall at the time that~pa~ said filing fee
file with the City Clerk a written application for a permit to conduct
a public dance hall, dancing club, club dance, public dance or tavern
dance as required by Section 10.10 of the Lynwood City Code. Said
written application shall be made on forms prepared and furnished by
the City Manager who shall incorporate in the application questions
to be answered in writing by the applicant which will elicit facts
bearing on the place where the proposed public dance hall, dancing
club, club dance, public dance or tavern dance is to be located,
the character, reputation, and moral fitness of those who will be in
charge of the dance, and any other facts or evidence to enlighten the
City Council in this respect. The proprietor or permittee shall answer
all of said questions, and if he is unable to answer any question him-
self, he shall make every reasonable effort to obtain the information
requested,"
Section 9, Section 10.10 of the Lynwood City Code is amended
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to read as follows:
(a) WRITTEN APPLICATION; CONSIDERATION OF ISSUANCE. "Permits
to conduct public dance halls, dancing clubs, club dances, public dances
or tavern dances in the City of Lynwood may be issued by the City Council
upon the written application of any person for himself or on the behalf
of any association of persons or corporation which is authorized to
represent as officer, attorney, employee or agent. The form of tYie
application shall be prepared by the City Manager as provided in
Section 10.8 of the Lynwood City Code as amended by Secticr. 8 of this
ordinance. Except as provided in Section 10,8 of the Lynwood City
Code as amended by Section 8 of this ordinance the procurement of
a permit to conduct or operate a public dance hall, a public dance,
a club dance or a tavern dance shall be a condition precedent to
the issuance of a business license to conduct or operate the said
dance. No application shall be considered by the City Coun~^il unless
the filing fee prescribed by Section 20.102 of the Lynwood City Code
as amended by Section 10 of this ordinance has firs?; been paid,"
Section 10
to read as follows:
Section 1G.11 of the Lynwood City Code is amended
(a) FEE. "The application fee for a permit to conduct or
operate a public dance hall, public dance, club dance, dancing club
or tavern dance is that provided by Section 20.102 of the Lynwood
City Code as said Section is amended by this ordinance."
(b) INVESTIGATION AND REPORT. "The City Clerk, upon receipt
of an application for a permit, shall refer said application to the
Chief of Police for investigation and recommendation, and shall, within
thirty days after receipt of an application, except applications received
from persons who are now conducting a public dance in territory recently
annexed to the City of Lynwood by authority of a license or permit
granted to said persons by the County of Los Angeles, submit said
application to the City Council for its action, together with the
recommendations of the Chief of Police, and the report of the City
Clerk as to whether or not the provisions of this ordinance or other
applicable ordinances have been complied with. As those persons here-
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inabove referred t,o who are conducting public dances in terri.tcry
recently annexed to the City of Lynwood by authority of a permit or
license issued by the County of Los Angeles, the City Clerk shall
submit said applications to the City Council for its action within
thirty days after the effective date of this ordinance. Said
applications shall likewise be accompanied by the recommendations of
the Chief of Police and the report of the City Clerk as to whether or
not the provisions of this ordinance or other applicable ordinances
have been complied with by the applicants. The decision of the City
Council in the granting or denial of such permits sha-il be final ar.d
conclusive, and no such permit as may be hereinafter granted shall be
transferable. In the event the permit shall be denied by the City
Council, the filing fee shall rot be refunded to the applicant."
!c) REGULATIONS AFFECTING CONDUCT AT DANCE.
(1) Suggestive Dancing: No vulgar,~uggest;ive, ~
~`~~'- c~~~'- dancing shall be allowed in any public dance, dance
hall, dancing club, club dance or tavern dance;
(2) Smoking: Smoking is prohibited on the floor used
for dancing in any public dance, dance hall., club dance, dancing hall,
or tavern dances
(3) Intoxicants: No drinking shall take place on the
dance floor nor shall any beverage be transported thereon during the
time that any such dance shall be in progress.
(4) Distance From Bari No dancing shall be permitted
within t,en feet of any bar
(5) Area: The area accessible to dance, whether it
be a public dance hall, public dance, club dance, dancing club or
tavern dance shall contain not less than 300 sq. ft,. nor more than
800 sq. ft.
G
(6) Delin~tion Of Dancing Area: The dance floor area
specified in each permit issued under this Article shall be plainly
marked and designated as a dancing areao No dancing shall be permitted
in the premises except upon the dancing area thus marked and designatede
(77 Restrictive Use: During all hours in which dancing
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is permitted by the permit issued. hereunder for the premises, no portion
of the dancing area shall be used for any purpose ether than. dancing and
enterrainment~
(8) The Bringing Of Intoxicating Liquor Cin the Dance
Floor Prohibited: It shall be unlawful for any person to bring any
intcxicar,ing liquor to any public dance, public dance hall., club dance,
dancing club or tavern dance; provided however, that this Section shall
not apply to any person, firm or corporation, or to any employees
thereof acting within the scope of their employment lawfully engaged
in the sale cr distribution of intoxicating liquor, frcm delivering
intoxicating liquor to any such place, upon the request or at the
direction of the owner or the operator thereof
(9) Possession Of Liquor .Nt Dances Prohibited: No
persons, other than the owner or operator of a public dance hall, public
danr_e, club dance, dancing club or tavern dance •and his bona fide employees
acting in the course of their employment, shall. possess any intoxicating
liquor at any public dance hall, public dance, club dance, dancing club or
tavern dance unless the same has been lawfully sold, served or dispensed therea
(10) Employee Dancing Prcl-iibited: No employee of any
person conducting or in charge of any public dance hall., public dance,
club dance, dancing club or tavern dance, shall. regularly engage in
dancing with any other person at his or her place of employment.
(11} Unsocial Dancing: No person shall dance with any
person of the same sex at any public dance hall, public dance, club
dance or tavern dancee
(12} Posting Of Dancing Regulations: A copy of
subparagraph (c) of this Section together with a copy of all additional
rules and regulations as may •be imposed by the City Council in granting
a dance permit or as imposed following the granting of the permit, shall
be posted at each of the following locations of the premises for which
the dance permit was issued:
(a-1) Ab the inside of and within three feet of each
entrance and exit of the room or hall where a public dance hall, club dance,
public dance, dancing club or tavern dance is operated or held.
(b-1) On the outside of and within three feet of each
entrance and exit of the room or hall where a public dance hall, club
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dance, dancing club, public dance or tavern dance is operated or Nelda
11
Section ~B-. Section 10.1.2 of the Lynwood City Code is amended
to read as follows:
LIGHTING OF PARKING LOT
"Every person conducting or assisting
in conducting a public dance, public dance hall, club dance, dancing club
or tavern dance who owns, operates or controJ_s any parking lot adjacent
to the premises where such dance is conducted shall adequately and
uniformly light such parking lot tc an intensity of not :less than one
foot candle, and each parking lot that is to be used in connection with
such dance shall be lighted to an intensity of not less than one foot
candlee"
12
Section ~-. Section 10.13 of the Lynwood City Code is amended
to read as foli.ows
GROUND FOR REVOCATION OR SUSPENSION - VIOLATION OF COUNCIL
RULES, STATE LAWS, ETC„ "The City Council may make rules governing the
public dance hall, public dances, club dances, dancing clubs or tavern
dances and may revcke or suspend permits issued i'or any public dance
hall, club dance, dancing club, pub ii r. dance or tavern dance where
the proprietor or person in charge of the dance hall, club dance,
public dance, dancing club or tavern dance violates, or permits any
infraction of, any rule or regulation or any law of the State or any
ordinance of the City."
1
Section 3-P-. Section 10.14 of the Lynwood City Code is amended
to read as follows:
SAME - ILLEGAL, IMPROPER, ETC, CONDUCT. "When the City Council
shall issue any permit according to Section 10.00 and 10.11, the permit
may be revoked at any time after issuance by the Council, if the Council
becomes satisfied that the conduct of the dance hall, club dance, dancing
club, public dance or tavern dance does not or will not. comport with the
public welfare for any reason, or that 'the dance hall, club dance, dancing
club, public dance or tavern dance has been conducted in an illegal,
improper or disorderly manner."
14
Section -1-3-. Section 10.1.6 of the Lynwood City Code is amended
to read as follows:
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SAME - NOT TO BE REVOKED OR SUSPENDED UNLESS PERMITTEE GIVEN
NOTICE AND HEARING. "No permit for a public dance hall, dancing r.lub,
club dance, public dance or tavern dance shall be revoked or suspended
under Sections 10.14 and 10 15 of the Lynwood City Code unless a hearing
and a notice of revocation of suspension is given the permittee."
1
Section _ Section 10,17 of the Lynwood City Code is amended
to read as follows:
SAME - ISSUANCE OF NEW PERMIT ONE YEAR AFTER RESIOCATION.
"No new permit shall be issued to any person to conduct any public dance
hall, public dance, club dance, dancing club or tavern dance for at least
one year after revocation "
16
Section 3~. Section 20.82 of the Lynwood City Code is amended
to read as follows:
SPECIAL PERMIT REQUIRED - IN ADDITION TO LICENSE FEE. "To
protect the peace, health or welfare of the people of the City, any
person conducting the following types of businesses enumerated in this
division, except dance halls, public dances, dancing clubs, club dances
or tavern dances which shall be governed by Chapter 10 of this Code
as amended by this ordinance, shall first obtain a special permit from
the City Council in addition to the payment of a license fee as provided
for in this division before commencing this particular business."
17
Section 3~r. Section 20.102 of the Lynwood City Code is amended
to read as follows:
DANCE HALLS, CLUBS, ETC.
(a) The license fee shall be two hundred and fifty dollars
per year for every person managing, conducting or carrying on the
business of operating any public dance hall, dancing club, club dance,
tavern dance or any public dance and the application filing fee shall be
fifty dollars.
(b) This license fee shall be in addition to any license fee
payable by licensee in connection with the conduct and/or operation
by licensee of any other business, whether or not said business is
conducted or operated in connection with the conduct or operation of
a public dance hall, public dance, c7.ub dance, dancing club or tavern dance,
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~1p8
Section T~ Secti.on Zla2 of the Lynwood City Code is amended
to read as follows:
"It shall be unlawful. for any minor under eighteen years of
age to enter to be in, or to dance in any public dance hall, public
dance, club dance, dancing club or tavern dance unless the minor is
accompanied to the public dance, club dance, dancing club, or tavern
dance by one of his parents or by his guardian; it shall be unlawful
for any parent or guardian of a miner under the age of eighteen years,
or for the proprietor or person in charge of any public dance, club
dance, dancing club, public. dance hall or tavern dance to permit any
minor to enter, to be in or to dance in any public dance, club dance,
dancing club or tavern dance unless the minor is accompanied to the
public dance, club dance, dancing club or tavern dance by one of his
parents or by his guardian; provided, however, that nothing in this
Section shall be construed as permitting a minor under the age of
eighteen years to be in or enter a place where intoxicating beverages
are sold, or are offered for sale, and where the State law prohibits
a minor from entering or being in any such place, whether or not
accompanied by one of his parents, or by his guardian, and provided
further, that nothing in this Section shall be construed to prevent
a minor under the age of eighteen years from being in a bona fide
hotel, cafe or other place, where meals are regularly served and
where a public dance is being held, if the minor does not participate
in the dancing and if the law of the State does not prohibit said
minor from entering or being in said hotel, cafe or other place,
or from entering, or being in a particular part thereof where
intoxicating liquors are sold."
1
Section Section 21.3 of the Lynwood City Code is amended
to read as follows:
"It shall be unlawful for any person controlling, conducting
or maintaining a public dance hall, public dance, club dance, dancing
club or tavern dance to employ or permit any female under the age of
21 years to give instruction in dancing to persons of the opposite sex."
"It shall also be unlawful for any person controlling, conducting
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or maintaining a public dance hall, public dance, club dance, dancing
club or tavern dance to permit any instructor who is under the age
of 21 years to give ins r, ructions in dancing to persons of the opposite
sex in any private room or bocth in the public dance hall, club dance,
dancing club, or place where a tavern dance is being conducted "
20
Section i?. The City Clerk :mss hereby directed and ordered
to certify to the passage of this ordinance and to cause the same to
be published once in the Lynwood Press, a newspaper of general
circulation printed and pulished in the City of Lynwood.
First read at a regular meeting of the City of Lynwood of said
City held on the 4th day of Janu
1~6 and finally
adopted and ordered published at a regular meeting of said Council held
on the 18th day of January 19 6E~ by the following vote:
Ayes: Councilmen Byork, Duncan ~ McMillan, Siokos, Smith
Noes: Councilmen None
Absent: Councilmen None.
ATTEST:
City G~1erk, City of Lynw"od
~~
o r o f t~ h e i y~~~ o f y~_.~!~
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of the Council of said
city, do hereby certify that the above is a true and
correct copy of Ordinance No. 794 adopted by the City
Council of the City of Lynwood, and that same was passed
on the date and by the vote therein stated.
Dated this 19th day o/f//~ January 19 66 .
CITY C ERK, CITY OF LYNWOOD