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4126ORDINANCE NO. 4126 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 4.97.020(a), 4.97.080, 4.97.100, AND 4.97.120, TITLE 4, CHAPTER 4.97 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DANCE STUDIO AND SOCIAL STUDIO ESTABLISHMENTS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 4.97.020, Subsection (a) of Title 4, Chapter 4.97 be amended to read as follows: "(a) Any studio which is operated by any State College or public Junior College, or school wherein the person operating it has met the requirments established in Chapter 3 of Part 59, Sections 94300 et seq of the California Education Code for the issuance or conferring of and is, in fact, authorized thereunder to confer a degree, honorary degree or diploma." SECTION 2. That Sections 4.97.080, 4.97.100 and 4.97.120 of Title 4, Chapter 4.97, of the Anaheim Municipal Code be amended to read as follows: "4.97.080 PERMIT PROCEDURES. Any applicant for a permit pursuant to these provisions shall personally appear at the Police Department of the City of Anaheim and produce proof to the Police Depart- ment that the one hundred dollar ($100.00) application fee has heretofore been paid to the License Collector of the City of Anaheim and thereupon the applicant shall present to the Police Department the application containing the aforementioned and described information. The Chief of Police shall have a reasonable time in which to investigate the application and the background of the applicant. Based upon such investigation, the Chief of Police or his representative shall render a recom- mendation as to the approval or denial of the permit to the License Collector. The City of Anaheim's Zoning Division, Building Division, and the Fire Department shall inspect the premises proposed to be devoted to that of a dance or social studio and shall make separate recommendations to the License Collector. -1- The Chief of Police shall not recommend issuance or granting of a permit if, based upon his investigation, he finds any one or more of the following: (1) An applicant fails or refuses to furnish the information or documents required by this Chapter; or (2) An applicant submits false, misleading or fraudulent information on the application or on any document required by the City in conjunction thereof; or (3) The Chief of Police receives satisfactory evidence that the applicant, if an individual; or any of the stockholders holding more than five per- cent (5%) of the stock of the corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the holder of any lien of any nature, upon the business and/or the equipment used therein; or the manager or other person principally in charge of the operation of the business, have been convicted of, or have entered a plea of guilty to a felony or any other crime of moral turpitude; or an offense involving sexual misconduct including, but not limited to, a viola- tion of Section 2661, 311 through 311.9, 314, 315, 316, 318, or subdivisions (a), (b), (c) or (d) of Section 647 of the California Penal Code or any offenses involving pimping, pandering, prostitution or lewd conduct or proof that the Studio personnel of the owners or operators of a Dance Studio or Social Studio establishment are required to register under the provisions of Section 290 of the Penal Code unless the Chief of Police finds that the offense is not reasonably related to the occupation being regulated; or (4) The preceding record of the applicant reveals that the permit applicant permitted, through an act of omission or commission, his or her employee or agent to engage in any type of offense, misdemeanor or felony, prohibited in 4.97.080(3). Under such circum- stances, the conduct of the applicant's employees or agent, if such conduct resulted in a conviction or a plea of guilty, will be considered imputed to the permit applicant for purposes of permit denial; or (5) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, the City's building and zoning regulations; or IWM (6) It determines that an inspection or investigation by the City Zoning Division, Building Division, Police Department, or Fire Department reveals a deficiency, violation, or course of conduct that will not comport with or endangers the peace, health, safety, or general welfare of the public; or (7) The applicant has had a similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five (5) years prior to the date of the application; or (8) The applicant is not of the age of 18 years or older. The License Collector, after receiving the aforemen- tioned and described recommendations, shall grant or deny a permit. In the event the permit is denied by the License Collector, written notice of such denial shall be given to the applicant specifying the grounds for such denial. Notice of the denial of the permit shall be deemed to have been served upon personal service of applicant or when deposited in the United States mails with postage prepaid and addressed to the applicant at his last known address. Such refusal to issue a permit may be appealed under the procedures set forth in this Chapter. Within thirty (30) days from the date of denial, any person denied a permit pursuant to these provisions may request a hearing pursuant to Section 4.97.130 in writing stating the reasons why the permit should be granted. All permits issued hereunder are nontransferable." "4.97.100 SALE OR TRANSFER AND CHANGE OF LOCATION Upon the sale or transfer of any interest, share, or percentage of the profit whether present or prospective in a dance or social studio establishment, the permit shall become null and void and the buyer, interest holder, shareholder, or profit share holder shall make a new application pursuant to the provisions herein." "4.97.120 SUSPENSION OR REVOCATION OF PERMIT A permit may be suspended or revoked pursuant to the procedures set forth herein: -3- (1) when it is determined that the permit holder violated or permitted other persons to violate, through an act of omission or commission by the permit holder, any type of offense, felony or misdemeanor, enumer- ated in Section 4.97.080(3), if, as a result of the offense, the permit holder or the employee or agent of the permit holder is convicted or enters a plea of guilty; or (2) when it is determined that the permit holder or his agent, manager, or the employee in charge of the social or dance studio establishment was put on notice, or knew of, or should have known of, a violation of the Anaheim Municipal Code including, but not limited to, the provisions of Chapter 4.97 and failed to correct that violation; or (3) when it is determined that an inspection or investiga- tion by the City Zoning Division, Building Division, Police Department, or Fire Department reveals a deficiency, violation or course of conduct that does not comport with, or endangers the peace, health, safety or general welfare of the public. No permit shall be revoked until after a hearing shall have been held before the City Manager or his designated representative pursuant to Section 4.97.130; provided however, the License Collector may order any permit suspended pending such hearing, and it is unlawful for any person to carry on the business of a Dance Studio or Social Studio which has been suspended until the suspended permit has been reinstated by the City Manager or the City Council." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. -4- SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty ( 30 ) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 13th day of May, 1980. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ROF:jh -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4126 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of May, 1980, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 13th day of May, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4126 on the 13th day of May, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of May, 1980. CITY CL RK OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4126 and was published once in the Anaheim Bulletin on the 23rd day of May, 1980. 1 CITY CLERK