HomeMy WebLinkAboutORD 075ORD 075ê79wV ×P æ ‹ ORDINANCE NO. 75
AN ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING THE
MUNICIPAL CODE. BY ADDING SECTIONS THERETO WHICH PROVIDE
FCC THE REGULATION OF PUBLIC DANCES IN THE CITY OF
BALDWIN PARK
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN
AS FOLLOWS:
SECTION 1: ADDING SECTIONS TO MUNICIPAL CODE.
Chapter VI is added to Article IV of the Baldwin Park
Municipal Code, the sections of which shall read as follows:
CHAPTER VI
PUBLIC DANCES
SECTION L00: DEFINITIONS
rrw--"For the purpose of this Chapter, the words and
phrases next herein defined shall be construed as
having the meaning set out in this Section.
a) Public Dance Halls 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 place is so open at regular intervals or on
regular days of the week.
b) Public Dances is a dance open to the public
for an admittance fee or-charge and which is held on
one day only.
c) tubblic Dancing Places is a place where
music.-is-provided and the public-is permitted to dance
without payment of an admission fee.
d) Private Dance' is a dance which is limited
to those.persons individually invited to which no ad-
mittance charge is made, or a dance conducted by a bona
fide Club, Society or Association, organized or incor-
porated for benevolent, charitable, dramatic, literary
or dancing purposes, having an established membership
and which holds meetings other than such dances at
regular stated intervals and when the proceeds, if any,
of such dance are used for the purpose of such Club,
Society or Association.
e) s3ona Fide Public Eating Place' is a place
of business-holding an On-Sale General License' to
serve alcoholic beverages and which place of business:
1) Has suitable kitchen facilities for
cooking an assortment of foods which may be required
for ordinary meals;
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a.. N`I
ORD 075ê79wV ×P æ ‹ 2) Has a proper amount of refrigeration
for keeping of food on the premises;
3) Complies with all applicable regulations
enforced by the City Health Officer;
14.) Keeps on hand the usual assortment of
foods, commonly ordered at various hours of the
day by guests who come to said place for a meal;
5) Has seats at tables adequate to seat
35 people, not counting any stools at the bar or
counter where alcoholic beverages are prepared
for service;
6) Has a chef on duty, other than the bar
tender, to cook and prepare food for service;
7) Has not less than 300 square feet of
floor space maintained in a smooth and safe con-
dition;
8) Has at least two musicians personally
present. to furnish music for dancing.
SECTION 4601: PERMIT REQUIRED.
a) Every person desiring to conduct a Public Dance
Hall.,.Public Dance, or Public Dancing Place shall first
file an application for.a permit so to.do with the Chief
of Police of the City. The application shall state the
names and addresses of all persons interested in the dance
as a business venture, or the names and addresses of all
officers of the organization proposing to conduct the same,
the date or days, the place, and the hours when the same
is proposed to be conducted, and the admission fee to be
charged.
b) The Chief of Police shall investigate the
person or persons applying for such permit, shall con-
sider the items and standards for granting set out in
Section 1.4.606 and, in conformance therewith, shall either
grant or deny the permit applied for and shall forthwith
notify the applicant of his action.
c) No person shall conduct any Public Dance Hall,
Public Dance or Public Dancing Place without first making
application for and obtaining a permit so to do, or during
the time while a permit so to do is revoked.
d) No permit shall be required for a Private Dance.
SECTION 4602= CONDUCT PROHIBITED.
a) No person conducting any Public Dance, Public
Dance..Hall, or Public Dancing Place shall:
1) Permit or allow any intoxicated,
boisterous or disorderly person to enter, be or
remain or dance therein.
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ORD 075ê79wV ×P æ ‹ 2) Issue any pass-out check to allow any
patron thereof under eighteen years of age who has
left the building to return without the payment of
the regular admission charge, if a charge is made
for original admission.
3) Permit any person to dance or permit any
music.to be played, produced or reproduced by any
device between the hours of 2:00 A.M. and 9:00 A.M.
of any day.
b) No person conducting any Public Dance Hall or
Public Dance shall permit or allow any minor. under the
age of eighteen years to enter, remain in or dance in
said place unless accompanied by a parent or guardian
or a responsible adult person.
c) No person conducting any Public Dancing Place
shall-allow or permit any minor to dance therein.
d) No person shall allow or take part in any
dancing in any place where alcoholic beverages are sold
unless there is an existing, unrevoked permit to conduct
a Public Dancing Place in such location.
e) No person shall dance in any place authorized
and operating under a permit issued under this Part while
in a state of drunkenness or intoxication.
SECTION 4603: SPECIFIC CONDITIONS OF PERMIT.
In addition to all other conditions to the permits
required by this Chapter, the following specific con-
dition shall be complied with:
a) The person who conducts a dance which requires
a permit-under this Chapter shall employ at all times
when dancing is being conducted, a guard or guards, which
may be male or female or both, to maintain peace and
dignity. The guard or guards shall be dressed in a
uniform designated by the Chief of Police, with the
approval of the City Council. The guard shall be a
person who shall not have had a criminal record and
shall be a person of good moral character and reputation
approved by the Chief of Police.
SECTION 460: REVOCATION OF PERMIT.
In the event any person holding a permit under this
Part shall violate any provisions of this Part, shall
permit or allow any illegal, improper or disorderly con-
duct or shall so conduct his activities so as to allow
or cause drunk or disorderly conduct on, in or upon the
premises of said dancing place or the parking lot there-
of, the Chief of Police may revoke or condition such
permit by giving written notice of the revocation or
condition to the holder of such permit 72 hours before
the effective hour of the revocation or condition.
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ORD 075ê79wV ×P æ ‹ SECTION 1x.605: AYFEAL TO COUNCIL.
Any person objecting to the revocation or condition
of or--the refusal or failure to issue any permit under
the provisions of this Part may petition the City Council
by filing a written statement containing all the facts
upon which such petitioner relies, his name and mailing
address, and request for the relief or action sought.
A copy of such statement shall be delivered to the Chief
of Police and the original filed with the City Clerk.
The City Clerk shall fix a date and time for hearing
such evidence as the parties may desire to present,
which shall not be longer than 21 days from the date of
such filing. The City Clerk shall serve written notice
of hearing on the petitioner by mailing the same to him
at the address given on the petition and to the Chief
of Police at least three days prior to hearing.
SECTION 1x.606. STANDARDS OF GRANTING CR REVOKING
S.
a) The Chief of Police, in considering the
application for or revocation or condition of any permit
provided for by this tart, shall take into account the
reputation and criminal record, if any, of the person
or persons applying for or operating under such permit,
the number and nature of any violations of law occurring
on, in or upon the premises, including the parking lot
appurtenant thereto, conducted by said person or persons
in the City prior to such consideration and the location
and time where and when dancing is being or is proposed
to be held. No permit shall be issued if the applicant
or any person interested in or having any control of any
part of the management of the dance has been convicted
of a felony or of a misdemeanor involving moral turpitude
or any act of physical violence. Any such conviction
will justify the revocation of any existingppermit.
b) No permit for a Public Dancing Place shall be
granted or continued unless the place of business for
which the permit is applied or has been granted is a
Bona Fide Eating Place and conforms to all of the re-
quirements of Subsection a) of Section 4600.
SECTION 1x.607: ILLUMINATION OF PREMISES.
Every person who is required to,obtain a permit
pursuant to the provisions of this Chapter:
a) Shall maintain at all times within the room
or place.,provided for dancing during the hours of opera-
tion a minimum amount of illumination which shall equal
an average of five 5) footcandle at a distance of thirty
30) inches from the floor of said room or place.
b) Shall maintain outside at all times within
twenty 20) feet of every entrance, exit, loading area
or unloading area of the room or place provided for
dancing during the hours of operation a minimum amount
of illumination which shall equal an average of five 5)
footcandle at ground level.
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ORD 075ê79wV ×P æ ‹ c) Shall maintain outside at all times within
fifty-(50) feet of the building in which dancing is
conducted.during the hours of operation a minimum
amount of illumination which shall equal an average
of three 3) footcandle at ground level. In computing
the average,,of three 3) footcandle, the five 5)
footcandle illumination required as set forth in.
the preceding subsection of this section may be in-
cluded.
d) Shall maintain at ail times in the remaining
access area of the lot or lots or parcel or parcels or
premises upon which the building is located, during the
hours of operation, a minimum amount of illumination
which shall equal an average of one 1) footcandle at
ground level.
e) All light sources used in the area outside
the building shall be so mounted, directed and shielded
that the source glare shall not be offensive in any
direction and shall not be directed toward the adjoining
property or properties.
SECTION 4608: LOITERING.
it is unlawful to loiter, to commit any nuisance,
or to-sell, serve, dispense or partake of intoxicating
liquor in or at any Public Dance Hall, Public Dancing
Place or any place where dancing is being conducted
or in or about any approaches thereto or any property
used in connection therewith, including all private.
stairways, walks, ramps, parking lots, rest rooms,
cloak rooms, entry halls or stair landings thereunto
appertaining.
SECTION 4609: APPLICABILITY OF CHAPTER.
The provisions of this Chapter shall be applicable
on and after January 1, 1958."
SECTION 2: SEVERABILITY CLAUSE.
If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance and
each sentence, section, subsection, clause, phrase or portion
thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared
invalid or unconstitutional.
SECTICN 3: CERTIFICATION AND PUBLICATION.
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be published or posted in the
manner required by law, and this Ordinance shall take effect
thirty 30) days after its adoption.
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ORD 075ê79wV ×P æ ‹ ORD. NO. 75
PASSED AND ADOPTED this 2nd day of December
1957, by the following called vote:
AYES: COUNCILMEN Cole„Holmes, Stephens and Littlejohn
NOES: COUNCILMEN None
ABSENT: COUNCILMEN Bishop
ATT
ITY CL
STATE OF CALIFCRNIA
COUNTY OF LOS ANGELES s s.
CITY. OF BALDWIN PARK
I, ELMER COOK, being the duly elected and qualified
Clerk of the City of Baldwin Park, hereby certify that the
foregoing Ordinance was introduced at a regular meeting
of the City Council held on the 18th day of November
1957, and the same was duly adopted at the re meeting
of the City Council held on the 2nd day of
195 7. e'cember
SEAL}
CI C
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ORD 075ê79wV ×P æ ‹ ORD. NO. 75
STATE CF CALIFORNIA
COUNTY CF LC5 ANGELES ss
CITY OF BALDWIN PARK
ELDER COCK, being duly sworn, deposes and says:
That I am the duly elected and qualified City Clerk of the
City of Baldwin Park; that on the 6th day of December, 1957, I caused
to be posted in three conspicuous places a copy of Ordinance No.75,
as required by law and the Baldwin Park Municipal Code.
E mer Cook
Subscribed and sworn to before me
this /z day of 1957.
o 0 a;~, EVA ELDER PUGH
tary kVbllc in and Pr said UMMy and
State. My Commission Expires March 6, 1959
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