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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 -1- 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 -2- 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 -3- 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 -~- 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- -5- ~~ 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 -6- 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 -7- 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: -8- 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, -9- ~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 -10- 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