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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 I 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 2 0 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, 3 u 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 4 it 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