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HomeMy WebLinkAbout4.02 Muni Code Public Dance c~rv Cl[ER~ FD~e # D~[i]0o~[iJ AGE~DA SrArlEMIE~r C~TY COU~C~l MElEr~~G IDA TIE FelbnJlcuy 5, 2008 SUBJECT AdoptlOn of Dublm MuruClpal Code Chapter 552 (Pubhc Dances) Report Prepared by Ehzabeth H Sliver City Attorney and Stephen MuzlO Associate Attorney A 1'1' ACHMlENTS I Ordmance Amendmg Chapter 5 52 of the Dublm Mumclpal Code relatmg to Pubhc Dances "Clean" verSlOn of Ordmance Amendmg Chapter 5 52 Wlthout stnkethrough notatlOns 2 RECOMMENDATION ~ \ WaIve the readmg and ADOPT the Ordmance amendmg Chapter 5 52 of the Dubhn Muruclpal Code FINANCIAL STATlEMENT None DlESCRJIPTION At Its March 22, 2006 Goals and ObjectIves meetmg, the CIty CounCIl revIewed and approved Wlth hIgh pnonty the comprehensIve update to certam chapters ofthe Dubhn MunICIpal Code (DMC) One chapter proposed for reVIew IS DMC Chapter 5 52, wruch provIdes that I) any person wlshmg to hold, conduct or allow a pubhc dance on premIses open to the pubhc shall first obtam a permIt, 2) dances held by most tax exempt orgamzatlOns, schools or semor cltlzens' groups are exempt from the permIt reqUlrement, 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 permIt apphcatlOn shall mclude the name and resIdence of the apphcant, property owner, and lessee, the 10catlOn, number date and trme of the dance or dances to be held, the consent of the property owner and a sketch showmg the 10catlOn and SIze of the dance floor, 5) the ChIef ofPohce shall deny the permIt Ifhe finds that any of the mformatlOn m the apphcatlOn IS false, that the SIze and 10catlOn of the dance floor are not comphant WIth the above reqUlrements or any other ordmance or regulatlOn of the CIty, or that the dance would be detnmental to the pubhc peace, health, safety, morals or to nelghbormg property, 6) the ChIef of Pohce shall revoke any permIt Issued If he determmes that facts eXIst whIch would have reqUlred demal of the apphcatlOn, that subsequent occurrences create a sItuatlOn whIch would have reqUlred demal of the permIt had the sItuatlOn eXIsted at the time of the apphcatlOn, 7) the Cruef of Pohce may stop any pubhc dance or close any premIses for ------------------------------------------------------------------------------------------------------------- COpy 1'0 ][1'lEM NO ft Page 1 of2 SlfRpl Public Dances doc DOC 114 1015 Q.- whIch a dance permIt IS Issued for dlsturbmg the peace, dIsorderly conduct or vlOlatlOn of any law or ordmance, and 8) that an apphcant or aggneved party may appeal the Issuance of a permIt, condItions of Issuance or demal or revocatlOn of a permIt to the CIty CounCIl m accordance Wlth SectlOn I 04 050 of the Dubhn MunICIpal Code Staff has revIewed the ordmance and determmed that a typograprucal error hkely occurred when draftmg the pnor ordmance Staff recommends substItutmg the word "cease" for the word "case" m sectlOn 552 080(B), capltahzmg the word "CIty" m sectlOn 552070, makmg all references to the Cruef ofPohce gender neutral, and amendmg sectlOn 5 82 100, related to appeals, so that the CIty Manager, rather than the CIty CouncIl, shall hear appeals of permIt decIsIons made by the Cruef ofPohce Dubhn Pohce ServIces has revIewed Chapter 5 52 and concurs wIth the recommended changes On January 15,2008, the CIty CouncIl held a pubhc heanng regardmg the proposed ordmance FolloWlng the pubhc hearmg the CIty CounCIl Waived the readmg and mtroduced the ordmance RlECOMMlENDA TION Staff recommends that the CIty CounCIl I) Waive the readmg and ADOPT the Ordmance amendmg Chapter 5 52 of the Dublm MunICIpal Code Page 2 of2 11~ OIIDINANClE NO AN ORJl)INANClE OF THlE CITY OF DOOLIN AMlEN][)ING CHAPTER 5 52 OF THE DUBLIN MUNICH) AL CODlE RELATING TO PUBLIC DANClES RECITALS The City CouncIl of the City of DublIn does hereby ordam as follows SectIOn 1 Chapter 5 52 of the Dublm Muruclpal Code IS revIsed as follows, Wlth deletlOns mdICated m strikethrough and addItions mdlcated m underlme 552 010 DefimtIons "Person" IS any person, firm, partnershIp, assoclatlOn, corporatlOn, company, or orgamzatlOn of any kmd "Pubhc dance" means a gathenng of persons m or upon any premIses open to the pubhc when the mam or mCIdental purpose for such gathenng IS dancmg 5 52 020 Permlt-Requlred-Fees It IS unlawful for any person to hold, conduct or allow a pubhc dance on premIses open to the pubhc WIthout first havmg obtamed a permIt as reqUlred herem PermIt fees therefor shall be m the amount estabhshed by resolutlOn 5 52 030 lExceptlOns No permIt shall be reqUired for A Dances held by bona fide tax exempt patnotIc, rehglOus, servIce orgamzatlOns or fraternal aSSOCIatlOns or organlzatlOns (other than college fratermtles and sorontles) or held m connectlOn WIth authonzed school actIvIties or held by semor CItizens' groups 5 52 040 ReqUired floor space No permIt shall be Issued for the conduct of any pubhc dance at any estabhshment havmg less than one hundred twenty (120) square feet of dance floor set aSIde for dancmg, or havmg a dance floor wltrun four and one-half feet (4 112') of any counter or bar, or stools m connectlOn thereWlth 5 52 050 Permit-ApplIcation The apphcatlOn for a dance permIt shall contam the folloWlng mformatlOn A The name and reSIdence of the apphcant or apphcants, owner and lessee, If any If any apphcant IS a partnersrup, the names and reSIdences of the partners If any apphcant IS an assoclatlOn, the names and reSIdences of the officers, and If any apphcant IS a corporatlOn, the names and reSIdences of the officers and dIrectors, B The partIcular place for wruch the permIt IS deSIred, or at wruch any dance IS to be, or dances are to be held, rt~p: 4 c2.. ~/51oS 0- ATTACHMlENT 1 J1b C The written 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, o The number and date of dances to be held under the permIt, E A sketch or outlme, WIth approXImate measurements, showmg the 10catlOn and SIze of the dance area wIth respect to any counter or bar, or stools m connectlOD therewIth, and shoWlng 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 552060 PermIt-Issuance or demaI The Cruef of Pohce shall, wlthm thIrty (30) days after receIpt of an apphcatlOn complymg WIth all the prOVlSlons of SectlOn 5 52 050, Issue a nontransferable permIt With or Wlthout condltlODs, or dehver to the apphcant, personally or by mail, wrItten notice of dernal of the permIt, settmg forth the reason or reasons therefor, m accordance Wlth the provIsIons of SectlOn 5 52 070 5 52 070 JPermnt-GIt"OImds folt" demal The Cruef of Po hce shall deny the permIt If he or she finds A That any mformatIOn contamed m or submItted With the apphcatlOn IS not true, or B That the reqUlrements of SectIon 5 52 040 cannot be comphed \\11th, or C That the operatlOn as proposed by the apphcant would not comply Wlth any provlslOn of thIS chapter or any other ordmance or regulatIOn of the eCIty, mcludmg, but not hmIted to, the zonmg ordmance and bUIldmg ordmance, or any statute or regulation of the state of Cahfornla, or D That, for any other reason, the operatlOn as proposed would be detnmental to the pubhc peace, health, safety, morals or welfare or to nelghbonng property 5 52 080 Permnt-Revocstnon A The ChIef of Pohce shall revoke a permIt Issued pursuant to the provlslOns of thiS ordmancelf I He or she subsequently determmes that facts eXIst wruch, under the provlslOns of Section 5 52 070, would have reqUlred demal of the permIt at the tIme of applIcatlOn, or 2 Subsequent occurrences create a sItuatlOn whlCh, under the proVISions of SectIon 5 52 070, would have reqUlred demal of the permIt had the SituatIOn eXIsted at the ttme of apphcatIon B NotIce of revocatlOn of the permIt shall be gIven In wntmg to the permittee by the ChIef of Pollee The permIttee shall c~ase all operatlOns under the permIt Wlthm mnety-slx (96) hours of dehvery of Said notice unless a notIce of appeal IS filed pursuant to the proVISIOns of Section 5 52 100 5 52 090 AdmInistrative officer deSIgnated The ChIef of PolIce shall have the power to stop any publIc dance or close any premIses for whIch a permIt IS Issued under thIS chapter for dlsturbmg the peace, dIsorderly conduct or for vlOlatlOn of any law or ordmance 5 52 100 Appeals The applIcant or any aggneved person shall have the nght to appeal the Issuance of the permIt or condItlOns of Issuance or the demal or revocatIOn thereof to the City COllflcnl Manager m accordance Wlth SectIOn I 04050 FIlmg such appeal shall stay all proceedmgs m furtherance of the actlOn appealed 3~0 SectIon 2 Severablhty The provlSlons oftrus Ordmance are severable and If any provIsIon, clause, sentence, word or part thereof IS held Illegal, mvahd, unconstItutlOnal, or mapphcable to any person or clfcumstances, such Illegahty, mvalldlty, unconstltutlOnahty, or mapphcablhty shall not affect or Impalf any of the remammg provlslOns, clauses, sentences, sections, words or parts thereof of the ordmance or thelf apphcabllIty to other persons or clfcumstances Section 3 EffectIve Date Trus Ordmance shall take effect and be enforced thirty (30) days followmg ItS adoptIOn Section 4 Postmg The CIty Clerk of the CIty of Dublm shall cause tills Ordmance to be posted m at least three (3) pubhc places m the CIty of Dubhn m accordance WIth SectIOn 36933 ofthe Government Code of the State ofCahforma P ASSlED, APPROVED AND A][)OPTlED thIS _ day of ,2008 AYES NOES ABSENT ABSTAIN Janet Lockhart, Mayor ATTEST Carolyn Parkmson, Intenm CIty Clerk 41(;, ORDINANCE NO AN ORDINANCE OF THlE CITY OF DUBLIN AMlEN][)ING CHAPTER 5 52 OF THE DUBLIN MUNICIPAL CODlE RELATING TO PUBLIC DANClES RECITALS The City CouncIl of the City of DublIn does hereby ordsm as follows Section 1 Chapter 5 52 of the Dubhn MunIcIpal Code IS revIsed as follows, wIth deletlOns mdICated m stnkethrough and addItions mdICated m underhne 5 52 010 DefimtIons "Person" IS any person, firm, partnersrup, aSsoclatlOn, corporatlOn, company, or organIzation of any kmd "Pubhc dance" means a gathenng of persons m or upon any premIses open to the pubhc when the mam or mCldental purpose for such gathenng IS dancmg 5 52 020 Permit-ReqUired-Fees It IS unlawful for any person to hold, conduct or allow a pubhc dance on premIses open to the pubhc WlthOUt fust havmg obtamed a permIt as reqUired herem PermIt fees therefor shall be m the amount estabhshed by resolution 5 52 030 lExceptIons No permIt shall be reqUlred for A Dances held by bona fide tax exempt patrIOtic, rehglOus, servIce orgamzatIons or fraternal asSOCIatIOns or orgamzatIOns (other than college fratermtIes and sorontles) or held ill connectlOn Wlth authonzed school activItIes or held by seruor CItizens' groups 5 52 040 ReqUIred floor space No permIt shall be Issued for the conduct of any pubhc dance at any estabhshment havmg less than one hundred twenty (120) square feet of dance floor set aSIde for dancmg, or havmg a dance floor wltrun four and one-half feet (4 1/2') of any counter or bar, or stools m connectlOn therewIth 5 52 050 Permit-ApplicatIon The apphcatIOn for a dance permIt shall contain the followmg mformatIon A The name and reSIdence of the apphcant or apphcants, owner and lessee, If any If any apphcant IS a partnershIp, the names and reSIdences of the partners If any applIcant IS an assoclatlOn, the names and reSIdences of the officers, and If any apphcant IS a corporatlOn, 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, ATTACHMENT 2 610 C The wntten consent of the owner, If the lessee IS the apphcant, 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 10catlOn and SIze of the dance area WIth respect to any counter or bar, or stools m connectlOn thereWlth, and shoWlng 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 wruch the dance or dances are to be held 5 52 060 Permit-Issuance or demal The Cruef of Pohce shall, Wlthm trurty (30) days after receIpt of an apphcatlOn complymg wIth all the prOVlSlons of SectlOn 5 52 050, Issue a nontransferable permIt WIth or WlthOut condltlOns, or dehver to the apphcant, personally or by mail, wntten notice of demal of the permIt, settmg forth the reason or reasons therefor, m accordance WIth the provISIons of SectlOn 5 52 070 5 52 070 JPermIt-Grounds foil" demal The Cruef of Pohce shall deny the permIt If he or she finds A That any mformatlOn contamed m or submItted Wlth the apphcatlOn IS not true, or B That the reqUlrements of SectlOn 5 52 040 cannot be comphed wIth, or C That the operatlOn as proposed by the apphcant would not comply wIth any provlslOn of trus chapter or any other ordmance or regulatlOn of the CIty, mcludmg, but not hmlted to, the zonmg ordmance and bUlldmg ordmance, or any statute or regulation of the state of CahfornIa, or D That, for any other reason, the operatlOn as proposed would be detnmental to the pubhc peace, health, safety, morals or welfare or to neIghbonng property 5 52 080 Permit-Revocation A The Cruef of Pohce shall revoke a permIt Issued pursuant to the provlSlons of trus ordmance If 1 He or she subsequently determInes that facts eXIst whIch, under the provlslOns of SectlOn 5 52 070, would have reqUlred demal of the permIt at the tlme of apphcatIon, or 2 Subsequent occurrences create a sltuatlOn whIch, under the provlSlons of SectlOn 5 52 070, would have reqUlred demal of the permIt had the SItuation eXIsted at the tlme of apphcatIOn B NotIce of revocatlOn of the permIt shall be gIven m wrltmg to the permIttee by the Cruef of Pohce The permIttee shall cease all operatIOns under the permIt wltrun nmety-slx (96) hours of dehvery of saId notIce unless a notice of appeal IS filed pursuant to the prOVISIons of SectIOn 552 100 5 52 090 AdmmlstratIve officer deSignated The Cruef of Pohce shall have the power to stop any pubhc dance or close any premIses for whIch a permIt IS Issued under thIS chapter for dlsturbmg the peace, dIsorderly conduct or for vlOlatlOn of any law or ordmance 552 100 Appeals The apphcant or any aggneved person shall have the nght to appeal the Issuance of the permIt or condItions of Issuance or the demal or revocatlOn thereof to the CIty Manager m accordance WIth SectlOn 1 04 050 FIlmg such appeal shall stay all proceedmgs m furtherance of the action appealed 0~0 Section 2 Severablhty The provlslOns of thIS Ordmance are severable and If any provlSlon, clause, sentence, word or part thereof IS held Illegal, mvahd, unconstitutIOnal, or mapphcable to any person or cIrcumstances, such IllegalIty, mvahdlty, unconstItutlOnahty, or mapphcablhty shall not affect or lmpau any of the remammg provlSlons, clauses, sentences, sectlOns, words or parts thereof of the ordmance or theu apphcablhty to other persons or CIrcumstances Section 3 EffectIve Date ThIS Ordmance shall take effect and be enforced trurty (30) days followmg ItS adoptlOn Section 4 Postmg The CIty Clerk of the CIty of Dublm shall cause trus Ordmance to be posted m at least three (3) pubhc places m the CIty of Dublm m accordance Wlth Section 36933 of the Government Code of the State of CalIfornIa P ASSlED, AJPPROVlED AND ADOPTlED thIS _ day of ,2008 AYES NOES ABSENT ABSTAIN Janet Lockhart, Mayor ATTEST Carolyn Parkmson, Intenm CIty Clerk