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4864FOLLOWS: ORDINANCE NO. 4864 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 4.16 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DANCES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Chapter 4.16 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended, to read as follows: "CHAPTER 4.16 AMUSEMENT AND ENTERTAINMENT PREMISES - DANCES 4.16.010 DEFINITIONS. For the purpose of this chapter, certain words and phrases shall be construed as herein set forth: .010 'Public dance hall' is a place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance, which is so open at regular intervals or on regular days of the week. .020 'Public dance' is a dance open to the public for an admittance fee or charge which is held on one day only. .030 'Dinner -dancing place' is a place where music is provided and the public is permitted to dance without payment of a fee. .040 'Private dance' is a dance to which attendance is limited to persons individually invited and for which no admittance charge is made, or a dance conducted by a bona fide club, society or association, having a benevolent, charitable, dramatic, literary or dancing organizational purpose, which holds regular meetings, has an established membership, and provided, when proceeds, if any, arise from such dance, said proceeds are used for said organizational purpose and for which no admission is charged or paid for entrance into such dance at the location of the dance immediately prior to the time of said dance or during said dance. 4.16.020 PERMIT REQUIRED. No person shall conduct any public dance hall, public dance or dinner -dancing place in the City unless said person shall obtain a permit so to do as hereinafter provided. An applicant for a public dance permit may apply for more than one (1) permit for dances to be held during a period of time not to exceed one (1) year by specifying the dates and locations of such dances and paying the application fee and applicable business license fees therefor, which fees shall not be refundable. In the event an applicant receives permits for one or more dances after the initial dance, the applicant shall, at least twelve (12) days prior to each successive dance thereafter, furnish to the Chief of Police the following information: (1) date and location of the event; (2) estimated number of people anticipated to attend; and (3) location of any previous dance(s) held inside or outside the City for which applicant participated as an operator. 4.16.030 APPLICATION FOR PERMIT. Applicants for permits under this chapter shall file a written, signed and acknowledged application with the License Collector of the City at least twenty-one (21) calendar days prior to such event(s). Such application shall include, at least, the following information: .010 The name and permanent address of applicant. .020 The date, hour and location where said dance or dancing is proposed, and the admission fee, if any, to be charged. .030 The name or names of the person or persons having the management or supervision of applicant's business; as well as driver's license number(s), dates of birth, and social security numbers. .040 The length of residence of applicant within the City. .050 A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such dancing. .060 Whether or not the person or persons having the management or supervision of applicant's business have been convicted of a crime; the nature of such offense, and the sentence received therefor. -2- .070 Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business as the License Collector may deem necessary. 4.16.040 FEES. 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. Upon compliance with the applicable sections of this Code, applicants holding a permit to conduct dinner -dancing may also conduct public dancing without obtaining further permit or making additional payment of a fee. 4.16.050 INVESTIGATION OF APPLICATION. After the making and filing of said application, the License Collector shall refer the matter to the Chief of Police for an investigation and report thereon. The Chief of Police shall forward to the License Collector a recommendation of either approval or denial. If a recommendation for denial is made to the License Collector, the recommendation shall be accompanied by reasons for the recommended denial. If satisfied that: (1) the application is complete; (2) the applicant has not knowingly and willfully 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 -3- .020 Said dinner -dancing place is a legitimate restaurant as defined in Section 18.01.190 of this Code and contains an area designed and utilized for food preparation which constitutes not less than twenty-five percent (250) of the gross floor area of the establishment; and .030 There must be served at least one meal of a substantial nature. For the purposes of this section, a meal is a quantity of any kind of 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. 4.16.060 CONDUCT AT DANCES -MINIMUM AGE OF PATRONS -LIGHTING -HOURS. No persons conducting any public dance hall, public dance or dinner -dancing place shall: .010 Permit or allow any minor under the age of sixteen (16) years, unless accompanied by a parent or guardian, or permit or allow any intoxicated, boisterous or disorderly persons to enter, be, remain in or to dance therein; .020 Shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing; .030 Permit any person to dance or permit any music to be played or reproduced by any device between the hours of two (2) a.m. and nine (9) a.m. of any day; .040 No dancing at a dinner dance shall commence prior to seven (7) p.m. nor continue beyond two (2) a.m. of the same evening. 4.16.070 POLICING. Every person conducting a public dance hall or public dance shall employ a sufficient number of security officers to properly police said dance, the number of such officers to be determined by the Chief of Police. 4.16.080 RULES AND REGULATIONS The License Collector may establish licensing rules and regulations in connection with procedures governing issuance of permits pursuant to and not inconsistent with provisions of this Chapter. Such rules and regulations shall be made available to the public upon request. -4- 4.16.090 APPEAL TO CITY MANAGER -NOTICE, HEARING, AND ACTION. .010 An applicant whose application for any public dance hall, public dance or dinner -dancing place, has been denied or has been approved conditionally, or a permittee whose permit has been revoked, may appeal such decision directly to the City Manager or his designee by filing an appeal with the City Manager. The time within which such a written appeal may be filed shall expire at the end of the tenth (10th) day following the date on which notices to the applicant or permittee of the action or decision is personally delivered or deposited in the mail. .020 Upon the filing of a timely appeal, the City Manager or his designee shall set a hearing to be held within thirty (30) days after the date of receipt of such appeal. The appellant, by written request, may waive the time limits set forth in this section except the time within which an appeal may be filed. .030 After an administrative hearing and consideration of testimony, the report and recommendation of the License Collector, and any written materials submitted by the appellant or other persons, the City Manager or his designee shall either approve the permit with or without conditions, or shall deny the permit upon finding that issuance thereof would result in any of the circumstances set forth in Section 4.16.050 of this chapter. The decision of the City Manager or his designee on any such permit shall be final. 4.16.100 SUSPENSION OR REVOCATION OF PERMIT. .010 Subject to notice and hearing provisions herein, any permit issued pursuant to the provisions of this chapter may be suspended or revoked by the License Collector or his/her designee for good cause. Good cause shall include, but not be limited to, the following: (1) The permittee has failed to comply with Section 4.16.060 or 4.16.070 of this Chapter; (2) The permittee has misrepresented any material fact in the application for a permit or has not answered each question truthfully; (3) The permittee has failed to comply with one or more•of the required conditions and has failed to cure such noncompliance after reasonable notice thereof; (4) The permitted activity creates sound levels which violate any ordinance of the City of Anaheim; -5- (5) The permittee or his/her employees, agents, or representatives have violated or are violating laws in connection with the permitted activity; (6) The public dance hall, public dance or dinner -dancing place has been conducted in an illegal or disorderly manner or in a manner detrimental to the public health, safety or welfare. .020 In the event the License Collector proposes to suspend or revoke a permit, written notice of hearing on the proposed permit suspension or revocation together with written notification of the specific grounds for such revocation or suspension shall be personally delivered or sent by certified mail to the permittee at least ten (10) days prior to the hearing. Written notice of the decision of the License Collector shall be given to the appellant within five (5) days following the hearing by personal delivery thereof or deposit of such notice in the course of transmission with the U.S. Mail, postage prepaid. .030 The decision of the License Collector shall be subject to appeal to the City Manager as provided in Section 4.16.090 hereof. The City Manager's or his designee's determination upon any such appeal shall be based upon written findings and shall be final and conclusive in the matter. Upon revocation of said permit, any license fees shall be forfeited. In the event a permit is revoked pursuant to the provisions of this chapter, another permit shall not be granted to the permittee within twelve (12) months after the date of such revocation." SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, 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 elimination herefrom of any such portion as may be declared invalid. SECTION 3. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 8th day of September, 1987. MAYOR OF THE CITY OF A AHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ROF/jb 1849L 081887 -7- CLERK 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. 4864 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 1st day of September, 1987, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 8th day September 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4864 on the 8th day of September, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of September, 1987. r� OL 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 Ordinance No. 4864 and was published once in the Anaheim Bulletin on the 18th day of September, 1987. ITY CLERK