Loading...
HomeMy WebLinkAbout6.3 Ordinance Regulating Public Dances CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 21 ,1987 SUBJECT An ordinance of the City of Dublin Regulating Public Dances EXHIBITS ATTACHED Draft Ordinance RECOMMENDATIONS 1 ) Open public hearing V)�( 2 ) Receive staff presentation 3 ) Hear public testimony 4 ) Close public hearing 5) Deliberate 5) Waive reading and adopt ordinance FINANCIAL STATEMENT: None DESCRIPTION This draft ordinance was prepared by the City Attorney' s office as part of the comprehensive Municipal Code revision process. A similar county ordinance was temporarily adopted by the city upon incorporation and has been so enforced since 1982. This ordinance regulates public dances and requires the issuance of a "dance permit" for the event to be lawful. The intent of this ordinance is to regulate dances in facilities open to the public, that occur with regular frequency, and where alcoholic beverages are typically consumed. A permit shall not be required for any dance held by a bona fide tax exempt patriotic, religious, service organization, fraternal association or organization or held in connection with authorized school activities or held by senior citizens . This ordinance was introduced at the City Council meeting of December 14 , 1987 . -------------------------------------------------------------------------- COPIES TO: ITEM NO. 4 ORDINANCE NO. -87 AN ORDINANCE OF THE CITY OF DUBLIN REGULATING PUBLIC DANCES The City Council of the City of Dublin does ordain as follows: Section 1 : DEFINITIONS . (a) "Public Dance" means a gathering of persons in or upon any premises open to the public when the main or incidental purpose for such gathering is dancing. (b) "Person" is any person, - firm, partnership, association, corporation, company, or organization of any kind. Section 2 : PERMIT REQUIRED. It is unlawful for any person to hold, conduct or allow a public dance on premises open to the public without first having obtained a permit as required herein. Permit fees therefor shall be in the amount established by Resolution. Section 3 : EXCEPTIONS . No permit shall be required for: (a) Dances held by bona fide tax exempt patriotic, religious, service organizations or fraternal associations or organizations (other than college fraternities and sororities) or held in connection with authorized school activities or held by senior citizens ' groups . Section 4: FLOOR SPACE. No permit shall be issued for the conduct of any public dance at any establishment having less than 120 square feet of dance floor set aside for dancing, or having a dance floor within 4-1/2 feet of any counter or bar, or stools in connection therewith. Section 5: APPLICATION. The application for a dance permit shall contain the following information: (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 written consent of the owner, if the lessee is the applicant, of the place or premises in 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 outline, with approximate measurements, showing the location and size of the dance area with respect to any counter or bar, or stools in connection therewith, and showing the size of the dance area. ( f) The name and residence of the proprietor, operator, or other person in charge, if other than the lessee or owner. (g) The hours during which the dance or dances are to be held. Section 6: ISSUANCE OR DENIAL OF PERMIT. The Chief of Police shall , within thirty 30 days after receipt of an application complying with all the provisions of Section 5 of this ordinance, issue a non-transferable permit with or without conditions, or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 7. Section 7 : GROUNDS FOR DENIAL- OF PERMIT. The Chief of Police shall deny the permit if he finds: (a) That any information contained in or submitted with the application is not true; or (b) That the requirements of Section 4 of this ordinance cannot be complied with; or (c) That the operation as proposed by the applicant would not comply with any provision of this Ordinance or any other ordinance or regulation of the City of Dublin including, but not limited to, the Zoning Ordinance and building ordinance, or any statute or regulation of the State of California; or (d) That, for any other reason, the operation as proposed would be detrimental to the public peace, health, safety, morals or welfare or to neighboring property. Section 8: REVOCATION OF PERMIT . The Chief of Police shall revoke a permit issued pursuant to the provisions of this ordinance if: (a) He subsequently determines that facts exist which, under the provisions of Section 7, would have required denial of the permit at the time of application; or (b) Subsequent occurrences create a situation which, under the provisions of Section 7, would have required denial of the permit had the situation existed at the time of application. Notice of revocation of the permit shall be given in writing to the permittee by the Chief of Police. The permittee shall cease all operations under the permit within ninty-six (96) hours of delivery of said notice, unless a notice of appeal is filed pursuant to the provisions of Section 10. Section 9: POWERS OF CHIEF OF POLICE. 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 ordinance for disturbing the peace, disorderly conduct or for violation of any law or ordinance. Section 10: APPEAL. The applicant or any aggrieved person shall have the right to appeal the issuance of the permit or conditions of issuance or the denial or revocation thereof to the City Council in accordance with Section 7 of Ordinance No. 21-86. Filing such appeal shall stay all proceedings in furtherance of the action appealed. Section 11 : EFFECTIVE DATE AND POSTING OF ORDINANCE . This Ordinance shall take effect and be in force thirty (30 ) days from and after the date of its passage . The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3 ) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of 1987, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk