5526Y
ORDINANCE NO. 5526
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF TITLE 4 AND TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO DANCE HALLS,
DINNER DANCE PLACES AND AMUSEMENT AND
ENTERTAINMENT FACILITIES
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That the chapter title of Chapter 4.16 and its reference
to license fees be, and the same is hereby, amended to read as
follows:
"DANCES*
*License fees for dances --See Section 3.32.020."
SECTION 2.
That subsection .010 of Section 4.16.010 of Chapter 4.16
of Title 4 of the Anaheim Municipal Code, be, and the same is
hereby, amended to read as follows:
11.010 'Public dance hall' is a place open to the
public upon the payment of an admittance fee, wherein
music is provided for patrons to dance, which is so open
at regular intervals or on regular days of the week."
SECTION 3.
That subsection .030 of Section 4.16.010 of Chapter 4.16
of Title 4 of the Anaheim Municipal Code, be, and the same is
hereby, amended to read as follows:
".030 "Dinner -dancing place' is a restaurant as
defined in Section 18.01.190 of this Code where music is
provided for patrons to dance without payment of a fee.
SECTION 4.
That Section 4.16.020 of Chapter 4.16 of Title 4 -of the
Anaheim Municipal Code be, and the same is hereby, amended to read
as follows:
"4.16.020 PERMIT REQUIRED.
A. It shall be unlawful for any person to hold or
conduct or operate, within the City of Anaheim, any
public dance hall, public dance or dinner -dancing place
subject to the provisions of this chapter without having
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a valid permit issued pursuant to the provisions of this
chapter, except that premises subject to the provisions
of Chapter 18.89 of this Code shall be required to obtain
a Sex -Oriented business permit in lieu of the permit
required by this chapter.
B. The holding or conducting of any event or activity
subject to the provisions of this chapter without a valid
permit issued therefor pursuant to the provisions of this
chapter is declared a public nuisance."
SECTION 5.
That new subsection .080 of Section 4.16.030 be, and the
same is hereby, added to Chapter 4.16 of Title 4 of the Anaheim
Municipal Code to read as follows:
10.080 An applicant to a public dance permit shall
further specify the estimated number of people
anticipated to attend and the location of any previous
dance(s) held inside or outside the City for which
applicant participated as an operator."
SECTION 6.
That Section 4.16.040 of Chapter 4.16 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to
delete the second paragraph and read as follows:
"Fees for the purpose of defraying the expenses
incidental to the processing of applications, permits and
appeals shall be amounts established by resolution of the
City Council."
SECTION 7.
That subsection G of Section 4.18.020 of Chapter 4.18 of
Title 4 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
"G. Entertainment providing music for patrons to dance
in connection with any dance where a valid dance permit
is in full force in effect under Section 4.16.020 of this
Code."
SECTION 8.
That Section 4.16.050 of Chapter 4.16 of Title 4 of the
Anaheim Municipal Code be, and it is hereby, amended to read as
follows:
".050 Upon the filing of a completed application, the
License Collector or designee shall conduct an
appropriate investigation, including consultation with
the Police, Fire and Planning Departments and inspection
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of the premises as needed. Within fifteen business days
after receipt of a completed application, the License
Collector or designee shall either grant or deny the
application.
If satisfied that: (1) The application is complete; (2)
The applicant has not knowingly and wilfully submitted
false information on such application; (3) The applicant
has not been convicted of any crime substantially related
to the qualifications, functions and duties of the
permittee under said permit; and (4) The public dance
hall, public dance or dinner -dancing place, as proposed,
is and will be in compliance with applicable health and
safety and zoning laws relating to the holding of such
function, the License Collector shall approve, or approve
subject to conditions, a permit; provided, however, no
permit for a dinner -dancing place shall be granted
unless:
.010 There is provided a floor space maintained for
dancing free of any furniture or partitions and
maintained in a smooth and safe condition; and
.020 Said dinner -dancing place is a legitimate
restaurant as defined in Section 18.01.190 of this
Code; and
.030 There must be served at least one meal of a
substantial nature. For purposes of this section, a
meal is a quantity of any food which not only
consists of a larger quantity of food than that
which comprises a sandwich, soup or salad, but that
it consists of a selection of food which is not
susceptible of consumption in the absence of at
least some articles of tableware and which cannot be
conveniently consumed while standing or walking
about.
SECTION 9.
That subsection .190 of Section 18.46.020 of Chapter
18.46; subsection .030 of Section 18.45.050 of Chapter 18.45; and
subsection .030 of Section 18.46.050 of Chapter 18.46, all of Title
18 of the Anaheim Municipal Code be, and the same are hereby,
repealed.
SECTION 10.
That subsection .030 of Section 18.44.050 of Chapter
18.44 of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
11.030 Amusement or entertainment facilities involving
the assemblages of persons and/or vehicles, including but
not limited to carnivals, circuses, rodeos, fairgrounds,
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amusement parks, or racetracks; except that no
conditional use permit shall be required for those
temporary activities for which a permit is issued
pursuant to Chapter 4.53 of the Anaheim Municipal Code."
SECTION 11.
That subsection .020 of Section 18.61.050 of Chapter
18.61 of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
11.020 Amusement or entertainment facilities involving
the assemblages of persons and/or vehicles, including but
not limited to carnivals, circuses, rodeos, fairgrounds,
amusement parks, or racetracks; except that no
conditional use permit shall be required for those
temporary activities for which a permit is issued
pursuant to Chapter 4.53 of the Anaheim Municipal Code."
SECTION 12.
That new subsection .285 of Section 18.44.050 be, and the
same is hereby, added to Chapter 18.44 of Title 18 of the Anaheim
Municipal Code to read as follows:
".285 Public Dance Hall as defined in Chapter 4.16 of
the Anaheim Municipal Code."
SECTION 13.
That new subsection .365 of Section 18.61.050 be, and the
same is hereby, added to Chapter 18.61 of Title 18 of the Anaheim
Municipal Code to read as follows:
11.365 Public Dance Hall as defined in Chapter 4.16 of
the Anaheim Municipal Code."
SECTION 14.
That new subsection .315 of Section 18.63.050 be, and the
same is hereby, added to Chapter 18.63 of Title 18 of the Anaheim
Municipal Code to read as follows:
11.315 Public Dance Hall as defined in Chapter 4.16 of
the Anaheim Municipal Code."
SECTION 15. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance 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 ordinance independent of the
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elimination herefrom of any such portion as may be declared
invalid.
SECTION 16. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal 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.
SECTION 17. PENALTY
It shall be unlawful for any person, firm or corporation
to violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with
any of its requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding
Five Hundred Dollars ($500.00) or by imprisonment not exceeding six
(6) months, or by both such fine and imprisonment. Each such
person, firm or corporation shall be deemed guilty of a separate
offense for each day during any portion of which any violation of
any of the provisions of this ordinance is committed, continued or
permitted by such person, firm or corporation, and shall be
punishable therefor as provided for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 3rd day of October
1995. W�
MAYOR OF THE CITY OF ANA IM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
13636.1\SMANN\September 7, 1995 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5525 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26 day
of September, 1995, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 3rd day of October, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5525 on the
3rd day of October, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 3rd day of October, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5525 and was published once in the North Orange County News on the 12th day of
October, 1995
CITY CLERK OF THE CITY OF ANAHEIM