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Home My WebLink About6.3 Public Dances Muni Code C~TY CLERK fl~e # D~~~}{~J~ AGENDA STATEMENT C~TY COUNC~l MEETING DATE JalU1llUlatry 15,2008 SUBJECT PUBLIC HEARING Ordmance Amendmg DublIn MUnIcIpal Code Chapter 552 (PublIc Dances) Report Prepared by Ehzabeth H Szlver Clfy Attorney and Stephen MuzIO Assoczate Attorney A 'IT ACHMlENTS I Draft Ordmance Amendmg Chapter 552 of the Dublm MumcIpal Code relatmg to PublIc Dances IRIECOMMJENDAT~ 1 2 3 4 5 Receive Staff presentatlOn, Open publIc heanng, ReceIve public testImony, Close public heanng and deliberate, WaIve readmg and INTRODUCE the Ordmance Amendmg Chapter 552 ofthe DublIn MUnICIpal Code relatmg to PublIc Dances (Attachment 1) JF][NANCIAL STATEMENT None DESCRIPTION At Its March 22,2006 Goals and ObJechves meetmg, the CIty CouncIl revlewed and approved WIth hIgh pnonty the comprehensive update to certam chapters of the Dublm MUnIClpal Code (DMC) One chapter proposed for reVIew IS DMC Chapter 552, whIch provIdes that 1) any person wIshmg to hold, conduct or allow a public dance on premIses open to the public shall first obtam a perrmt, 2) ddllCcs held by most tax exempt orgamzatlons, schools or semor CItIzens' groups are exempt from the permIt reqUIrement, 3) no permit shall be Issued for a dance where the dance floor IS less than 120 square feet or IS wlthm four and one-half feet of any counter, bar or stools, 4) a permlt applIcatIOn shall mclude the name and residence of the applicant, property owner, and lessee, the locatIOn, number date and tIme of the dance or dances to be held, the consent of the property owner and a sketch showmg the locatIOn and size of the dance floor, 5) the Ctuef ofPohce shall deny the permit lfhe finds that any of the mformatIon m the applIcatIOn IS false, that the SIze and locatIOn of the dance floor are not complIant WIth the above reqUIrements or any other ordmance or regulatIOn ofthe CIty, or that the dance would be detnmental to the publIc peace, health, safety, morals or to nelghbonng property, 6) the ChIef of PolIce shall revoke any permit Issued Ifhe determmes that facts eXist WhICh would have reqUIred demal of the applIcatIOn, that subsequent occurrences create a SituatIOn whIch would have reqUIred dema] of the permIt had the SItuatIOn eXIsted at -------------------------------------------------------_________M_._______________________M__~_______________ COPY TO ITEM NO ~.~ Page 1 of2 StlRp! PubliC Dances doc 114 1015 ~ the tune of thc apphcatlOn, 7) the Chief of PolIce may stop any publIc dance or close any premIses for WhICh a dance permIt IS Issued for disturbmg the peace, dIsorderly conduct or VIOlatIOn of any law or ordlOance, and 8) that an applicant or aggneved party may appcal the Issuance of a permIt, condittons of Issuance or demal or revocdtlOn of a permIt to the City CouncIl m accordance With SectlOn I 04050 of the Dublm Mumclpal Code Staff has revlewcd the ordlOance and determmed that a typographical error ltkely occurred when draftmg the pnor ordmance Staff recommends substItuting the word "cease" for the word "case m sectIOn 5 52 080(B), capltahzmg the word "CIty" m sectIon 5 52 070, and makmg all references to the Chief of Pohce gender neutral Dubhn PolIce Services has revIewed Chapter 552 and concurs With the recommended changes RECOMMENDATION Staff recommends that the CIty CouncIl I) receive StaffpresentatlOn, 2) open pubhc heaTing, 3) receive publIc testImony, 4) close public heaTing and delIberate, 5) WaIVC readlOg and IN fRODUCE the Ordmance Amendmg Chapter 5 52 of the Dublm Mumcipal Code relatmg to PublIc Dances (Attachment I) Page 2 of2 1~3 ORDINANCE NO X.X-08 AN ORDINANCE OlF THE CITY OF DUBLIN AMENDING CHAPTER 552 OlF TIHIE DUBLIN MUNICIPAIL CODE RELATING 'fO PUBLIC DANCES ************** The City Council of the City of Dublm does hereby ordalD as follows Section 1 Chapter 5 52 of the DublIn MUOlcIpal Code IS revIsed as follows, with deletlOns mdIcated III stnkethrough and addttlons mdlcated m underlme 552010 DefimtlODs 'Person" is any person, firm, partnershIp, aSSOcIatIOn, corporatIOn, company, or organizatIOn of any kmd "PublIc dance" means a gathenng of persons m or upon any premises open to the public when the mam or mCIdental purpose for such gathenng IS dancmg 552020 Permlt-ReqUlred-Fees It IS unlawful for any person to hold, conduct or allow a publIc dance on premises open to the publtc without first havmg obtamed a permit as reqUIred herem PermIt fees therefore shall be m the amount established by resolutIon 552030 Exceptions No permIt shall be reqUired for A Dances held by bona fide tax exempt patnotIc, relIglOus, service orgamzatlOns or fraternal associations or organIzatIOns (other than college fratermtles and sorontIes) or held m connectlOn wIth authonzed school actIvitIes or held by senIOr cItIzens' groups 552 040 !ReqUired floor space No permIt shall be Issued for the conduct of any public dance at any establIshment havmg less than one hundred twenty (120) square feet of dance floor set aSIde for dancmg, or havmg a dance floor wIthm four and one-half feet (4 1/2') of any counter or bar, or stools m connectIOn thcrewIth 5 52 050 Permit-Application The dpplIcatIOn for a dance permIt shall contam the followmg mformatlon A The name and reSIdence of the applIcant or applIcants, owner and lessee, If any If any applIcant is a partnership, the names and reSIdences of the partners If any applIcant is an aSSocIatIOn, the names and reSidences of the officers, and If any applicant IS a corporatIon, the names and reSIdences of the officers and dIrectors, B The partIcular place for whIch the permit IS deSIred, or at WhICh any dance IS to be, or dances are to be held, C The wntten consent of the owner, If the lessee IS the applicant, of the place or premIses m or at WhICh the dance IS to be held, D The number and date of dances to be held undcr the permit, !-/b-tJi (p 3 (1-f-fath IYlUlt 0<'1.3 E A sketch or outlIne, With apprOXimate measurements, showmg the locatIOn and sIze of the dance area wIth respect to any counter or bar, or stools m connectlon therewith, and showmg the SIze of the dance area, F The name and resIdence of the propnetor, operator, or other person m charge, If other than the lessee or owner, G Thc hours dunng WhICh the dance or dances are to be held 552060 Permit-Issuance or demal The Chief of PolIce shall, wlthm thirty (30) days after receIpt of an applIcatIon complymg wIth all the proVISIOns of SectIOn 5 52050, Issue a nontransferable perrmt WIth or WIthout conditIOns, or delIver to the applIcant, personally or by mail, wntten notJce of denIal of the permIt, settmg forth the reason or reasons therefor, m accordance With the provIsions of SectIon 5 52 070 552070 Permit-Grounds for demal The Chief of PolIce shall deny the permIt Ifhe or she finds A That any mformatIon contamed m or submItted WIth the application IS not true, or B That the reqUIrements ofSectIOD 5 52040 cannot be complIed With, or C That the operatIon as proposed by the applicant would not comply WIth any proVISIOn of thIS chapter or any other ordmance or regulatIOn of the City, mcludmg, but not lImIted to, the zonIng ordmance and bUIldmg ordmance, or any statute or regulatIOn of the state of CalifornIa, or D That, for any other reason, the operatIOn as proposed would be detnmental to the publIc peace, health, safety, morals or welfare or to neIghbonng property 552080 Permit-RevocatIOn A The Chief of Police shall revoke a permit Issued pursuant to the proVISions of thIS ordmance 1 f 1 He or she subsequently determmes that facts eXist WhIch, under the prOV1SIOns of SectIOn 5 52070, would have reqUIred demal of the permIt at the tIme of applIcatIOn, or 2 Subsequent occurrences create a SItuatIOn WhiCh, under the proVISIons of SectIon 5 52070, would have reqUired demal of the permIt had the SItuatIon eXIsted at the tIme of applIcatIOn B Notice of revocatIOn of the permIt shall be given m wntmg to the permittee by the Chief of PolIce The permlttce shall cease all operatJons under the perrmt wIthm mnety-slx (96) hours of delIvery of smd notIce unless a notIce of appeal IS filed pursuant to thc proVISions of SectlOn 5 52 100 552 090 AdmllllstratIve officer deSignated The Chief of PolIce shall have the power to stop any publIc dance or close any premIses for which a penmt is Issued under thiS chapter for dlsturbmg the pcace, dIsorderly conduct or for VIOlatIOn of any law or ordmance 5 52 100 Appeals The applIcant or any aggneved person shaH have the nght to appeal the Issuance of the permIt or condittons of Issuance or the demaI or revocatIOn thereof to the CIty CounCil In accordance WIth SectIOn I 04050 FIlIng such appeal shall stay all proceedmgs m furtherance of the actIOn appealed SectIOn 2 SeverabIlIty The prOVISIons of thIS Ordmance are severable and If any proVISIOn, clause, sentence, word or part thereof IS held Illegal, mvahd, unconstItutIonal, or mapphcable to any person or CIrcumstances, such IllegalIty, mvahdlty, unconstltutlOnalIty, or 3~~ InapplIcabIlIty shall not affect or ImpaH any of the remaInmg provisIOns, clauses, sentences, sectIOns, words or parts thereof of the ordmance or their applIcabilIty to other persons or CIrcumstances SectIOn 3 EffectIve Date ThIS Ordmance shall take effect and be enforced thIrty (30) days followmg Its adoptIOn SectIon 4 Postmg The CIty Clerk of the City of DublIn shall cause thIS Ordmance to be posted m at least three (3) publIc places In the CIty of Dub 1m m accordance With SectIon 36933 of the Government Code of the State ofCahfomla ]I>> ASSED, APPROVED AND ADOPTED thIS _ day of ,2008 AYES NOES ABSENT ABSTAIN Janet Lockhart, 11ayor ATTEST Carolyn Parkmson, Intenm CIty Clerk