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HomeMy WebLinkAbout6.3 SB343 Public Dances Muni Code 58 343 Senate Bill 343 mandates supplemental matenals that have been received by the City Clerk's office that relate to an agenda Item after the agenda packets have been dlstnbuted to the City Council be available to the public This document IS also available In the City Clerk's office, the Dublin Library, and the City's Webslte The attached document was received In the City Clerk's office after dlstnbutlon of the January 15, 2008 City Council meeting agenda packet G \CC MTGS\FORMS\SB 343 Form doc ORDINANCE NO AN ORDINANCE OlF TIDE CITY OlF DUBlLIN AMENDING CHAPTER 5 52 OF THE DUBL][N MUNICIP AIL CODE RElLATING TO PUBlLIC DANCES RECITALS The City Council of the City of Dublin does hereby ordalD as follows Section 1 Chapter 5 52 of the Dublm MunICIpal Code IS revIsed as follows, wIth deletIOns mdIcated m stnkethrough and addItIons mdIcated m underlIne 552010 DefimtIons "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 5 52 020 PermIt-R.eqUlred-lFees It IS unlawful for any person to hold, conduct or allow a publIc dance on premIses open to the publIc WIthout first havmg obtamed a permIt as reqUIred herem PermIt fees therefor shall be m the amount establIshed by resolutIOn 5 52 030 ExceptIOns No perm1t shall be reqUIred for A Dances held by bona fide tax exempt patnotIc, relIgIOUS, servIce organIzatIOns or fraternal asSOCIatIOns or organIzatIOns (other than college fraterrntIes and sorontIes) or held m connectIOn WIth authonzed school actIVItIes or held by sernOf CItIzens' groups 5 52 040 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 WIthIn four and one-half feet (4 1/2') of any counter or bar, or stools m connectIOn thereWIth 5 52 050 Permit-Application The applIcatIOn for a dance permIt shall contam the followmg mformatIOn 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, /-16:-t)g ~ .3 (a) 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 under the permIt, E A sketch or outlme, WIth approxImate measurements, showmg the locatIOn and SIze of the dance area WIth respect to any counter or bar, or stools m connectIOn 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 The hours dunng whIch the dance or dances are to be held 5 52 060 PermIt-Issuance or demal The ChIef of PolIce shall, WIthIn thIrty (30) days after receIpt of an applIcatIOn complymg WIth all the prOVISIOns of SectIOn 5 52 050, Issue a nontransferable permIt WIth or WIthout condItIons, or delIver to the applIcant, personally or by mall, wntten notlce of dernal of the permIt, settmg forth the reason or reasons therefor, m accordance WIth the provlSlons of SectIOn 5 52 070 5 52 070 Permit-Grounds for demal The ChIef of PolIce shall deny the permIt If he or she finds A That any mformatIOn contamed m or submItted WIth the applIcatIOn IS not true, or B That the reqUIrements of SectIOn 5 52 040 cannot be complIed WIth, or C That the operatIOn as proposed by the applIcant would not comply WIth any provlSlon of thIs chapter or any other ordmance or regulatIOn of the eCIty, mcludmg, but not lImIted to, the zonmg ordmance and bUIldmg ordmance, or any statute or regulatIon of the state of CalIforrna, 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 5 52 080 PermIt-Revocatlolll A The ChIef of PolIce shall revoke a permIt Issued pursuant to the provIsIons of thIs ordmance If 1 He or she subsequently determmes that facts eXIst whIch, under the prOVISIons 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 52 070, would have reqUIred demal of the permIt had the SItuatIon eXIsted at the tIme of applIcatIon B NotIce of revocatIon ofthe permIt shall be gIven m wntmg to the permIttee by the ChIef of PolIce The permIttee shall c~ase all operatIOns under the permIt WIthm rnnety-sIx (96) hours of delIvery of saId notIce unless a notIce of appeal IS filed pursuant to the prOVISIons of SectIOn 5 52 100 5 52 090 AdmmIstratlVe officer deSignated The ChIef of PolIce shall have the power to stop any publIc dance or close any premIses for wh1ch a perm1t IS Issued under thIS chapter for dIsturbIng the peace, dIsorderly conduct or for VIOlatIOn of any law or ordInance 552 100 Appeals The applIcant or any aggrIeved person shall have the nght to appeal the 1ssuance of the permIt or condItIOns of Issuance or the demal or revocatIOn thereof to the CIty CouncIl In accordance WIth SectIOn 1 04050 FIlmg such appeal shall stay all proceedmgs m furtherance of the actIOn appealed Section 2 SeverabIlIty The prOVlSlons of thIs Ordmance are severable and If any provlSlon, clause, sentence, word or part thereof IS held Illegal, mvalId, unconstItutIOnal, or mapplIcable to any person or CIrcumstances, such IllegalIty, mvalIdIty, unconstItutIOnahty, or mapphcabIhty shall not affect or ImpaIr any of the remmrnng 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 1tS adoptIOn Section 4 Postmg The CIty Clerk ofthe CIty of Dub 1m shall cause thIs Ordmance to be posted m at least three (3) publIc places m the CIty of Dublm III accordance WIth SectIon 36933 of the Government Code of the State of CalIfornIa PASSED, APPROVED AND ADOPTED thIs _ day of ,2008 AYES NOES ABSENT ABSTAIN Janet Lockhart, 11ayor ATTEST Carolyn Parkmson, Intenm CIty Clerk