Loading...
HomeMy WebLinkAboutORD 439ORD 439ÜÂh£ŸjìÀ‹ ORDINANCE NO. 439 AN ORDINANCE OF THC CITY COUNCIL OF m. CITY OF BALDWIN PARK AMCNDING CHAPTER VI OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO DANCE AND ENTERTAIN- MENT PERMITS.. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter VI of the Baldwin Park Municipal Code is hereby amended, by amending Sections 4600 through 4609, inclusive, and by adding to said Chapter^ Sections 4610 through 4615, inclusive, relating to dance permits; and by adding as Part 2, of said Chapter, Sections 4650 through 4656, inclusive, relating to Entertainment Permits, which shall read, respectively, as fol1ows: CHAPTER VI DANCE PERMITS AND ENTERTAINMENT PERA^ITS. PART I DANCES AND DANCE PERMITS. 4600. DEFINITIONS. For the purpose of this Part, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different mean mg is Intended: a) BONA FIDE PUBLIC EATING PLACE"is a place of business which: 1) Has su!table kitchen facilities for cooking an assortment of foods which may be required for ordinary meals; 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; 4) 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 50 persons, not counting any stools at the bar cr counter where alcoholic beverages are prepared for service; 6) Has a chef on duty/ oth(?r than the bartender, to cook and prepare food for service; b) CABARET PANCC. Any dance held cr engaged in of eny place or premises licensed by he State of Calif- ornia to sel I, serve or dispense intoxicat ing I i quor for consumption in or at such place or premises, c) CLUB DANCE. Any dance held by a dancing club. H^'Cf * A gathering of persons in or upon any premises i\herp dancing is participated in as the moin purpose for such a gathering, or as an incident o scmo o t her pur pose. DA\'CT Pf W\iT A rcqu trod pormi i issued by I ho Chief of fol ice for the holding of a public dance, pubt ic dance ho I I,, cIub donco, cabaret dance, or done ing club. L'1^- ING Ct U^. Any c I ub or ossoc i nt ion of poi ons condu^l i n'-) djorcs, oth^r thnn puM ic Lincc^, for its tfonrih^rs ot bon.i f i Jc' pucrilr. F^oro oftpn them onco f*cr rnon II). \ t I'.h ich o fee* Is ctiorood^ c i I hor for oc^ui Sion or por I i 1 po-t ion \ h^i o i n, or 1 \\h ic h iny Ci.) I I cc I ion BIB] 37949-U01 ORD-U02 439-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31685-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 439ÜÂh£ŸjìÀ‹ Ordinance No. 459 Page 2 or donation of money is made, solicited or received, or at which the amount of dues to be paid by each member is dependent upon attendance at such dances. g» CHIEF. The Police Chief of the City of Baldwin Park. h) PRIVATE DANCE. Any dance I) which is not advertised publicly, 2) to which the general public is not invited, and 5) for which no admission is charged or offering is solicited or accepted, or any collection taken, and where nothing of value is re- quested or required for admission other than member- ship in the group for an by whom the dance is given and admission to which is limited to members and guests of members of the group' for and by whom the dance is given. i) PUBL1C DANCE. A dance conducted by any person, whether or not for profit, to which members of the public are admitted or allowed to participate in such dancing, with or without charge, and at which at least two musicians are the source of music for such dancing. j) PUBLIC DANCE HALL. A place or location where a public dance is held or conducted. k) SCHOOL DANCE. A dance conducted as a part of the curriculum of any public or parochial school, or any dance officially sanctioned by such school when conducted at school buildings or grounds, or other place when propeHy supervised by school officials. 1) TEEN-AGE DANCE. A non-profit public dance or club dance sponsored by a service group, school group, parents group, or other simitar organization, for minors between the ages of thirteen and nineteen years years of age to which no person over nineteen years of age or under thirteen years of age is admitted as a part icipant." 4601. PERMIT REQUIRED. No person shall conduct or assist in conducting any public dance, public dance hall, dancing club, club dance, teen-age dance, or cabaret dance within the City, without first obtaining a permit therefor, in the manner prescribed in this Part. Applications for such permits shall be filed with the Chief, and shall contain the following informal ion: a) The name and address of the applicant if a corpora- tion or pertnership, the names and residence addresses of all officers, directors or partners; if an unin- corporated association, the names and addresses of aft pr incipals); and b) The location and description of facilities pro- posed to be used; and c) The date or dates, hours and estimated maximum attendance at the proposed dance, and the type of dance. A $25.00 filing and processing fee shall be required with each such application, provided that the fee shall be waived, if the applicant is an organization des- cribed in Section 6106 b) of this Code." BIB] 37949-U01 ORD-U02 439-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31685-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 439ÜÂh£ŸjìÀ‹ Ordinance No, 459 Page 5 14602- APPLICATION INVESTIGATION. The Chief, upon receipt of a written application for a dance permit, shall conduct an appropriate investigation to determine whether said permit should be issued in accordance with the pro- visions of this Part as hereinafter set forth. The Chief may consider any relevant factual material, including, but not limited to, the proposed place for such dance and the character and reputation of the applicant and/or other persons who will be directly involved in the conduct and operation of such dance if the permit is issued." 4-603. ISSUANCE. DENIAL. POLICE PROTECTION. a) ISSUANCE. After investigation, the Chief before ordering the issuance of a dance permit, shall satisfy himself that the public peace, safety, health, and general welfare will not be endangered or Jeopardized by the issuance of such dance permit, and that the applicant and/or its principals, are of good moral character. The Chief may impose conditions upon the issuance of dance permits to insure that dances and dancing conducted under and by virtue of such permits will be compatible with the preservation of the public peace, safety, health and general welfare. The Chief may consider any relevant factual material, including but not limited to, the proposed place or location of such dance and the character and reputation of appli- cant and other persons who will be involved in the con- duct and operation of the dances under the permit if issued. bl PENIAL. If the Chief finds that the moral character of the applicant and/or its principals is not good, or that the issuance of a dance permit will endanger or jeopardize the public peace, safety, health, and general we I fare, such issuance shall be den i ed. c) No permit for a Public Dancing Place shall be granted, except to a Bona Fide Eating Place, if alcoholic beverages are sold, served, given or furnished on the premises. d) POLICE PROTECTION. Police protection shall be required at all public dances and teenage dances, as a condition of approval of such permits, in accordance with the following schedule: Number of Persons in Attendance 0-50 SO 100 100 200 Over 200 Number of Pol ice Officers Required 1 2 5 3 plus I for each additional 100 persons When the services of public safety employees of the City are to be utilized to comply with the above schedule, the fees therefor shall be paid to the Finance Director prior to the issuance of a dance permit. Said fees shall be 93 follows: t) Minimum charge; $30.00 for each officer, and t2J $6.00 per hour for each officer for each hour after the first five 5» hours. In lieu of City Police Officers/ uniformed private patrol personnel who are regutarly employed by a private patror, licensed to do business in the City, may be utilized The Chief shati approve the type of uniform to be utilized by officers or private patrol officers. BIB] 37949-U01 ORD-U02 439-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31685-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 439ÜÂh£ŸjìÀ‹ Ordinance No. 459 Page 4 The Chief may, upon consideration of applica- tion for such permits, require a greater number of police officers or such police protection may be waived, if the Chief finds that such protection is not required to preserve the public peace, health and safety." 4604. SUSPENSION. The Chief of Police shall suspend any dance permit issued by him if he finds that the permittee or such permittee's agent and/or employee, has been, or is, violating any condition of approval imposed upon such permit, or is violating any provision of this Part or any other appi!cab Ie law. The Chief, in the case of such suspension, shall either personally serve, or serve by United States Mail, postage prepaid, addressed to the permittee, a written Order of Sus- pension stating the reasons for such suspension. The said Order shall be effective 24 hours after the same is either personally served, or 24 hours after the same has been deposited in the course of said United States Mail. In the case of an appeal from an Order of Suspension, the City Council shall conduct a hearing thereon as soon as is possible. The appealing party shall have the burden of proof to show that the Chief's action was not reasonable, or is not supported factually, tf the Council finds, after hear- ing the said matter, that the action of the Chief in suspend- ing the permit, was justified, it shall order the permit revoked. The action of the City Council shall be finat and conclusive.'* 4605. APPEAL. Any person aggrieved by the decision of the Chief, with reference to the issuance, denial, a condi- tional Issuance, or suspension of a permit, shall have the right of appeal to the City Council. The appealing party shall file with the City Clerk, a written letter of appeal stat ing therein the fact of such appeal, and the reasons therefor, together with an appeal fee in the amount of $50.00. Upon receipt of such letter of appeal, the City Clerk shall immediately set the matter for consideration by the Council at its next regularly scheduled meeting. The City Clerk shall give the appealing party and any other person requesting the same, at feast 5 days' written notice of the time and place of such hearing; the appealing party may waive the 5-day notice provision by filing a written waiver thereof wfth Hie City Clerk. At the time and place set for the hearing upon the appeal from the decision of the Chief, the City Council shall give the appealing party, and any other interested party, a reasonable opportunity to be heard, in order to show cause before said Council, why the determination of the Chief should not be upheld. In all such cases, the burden of proof to show that the action of the Chief was arbitrary, capricious or in excess of his authority, shall be upon the appealing party. The determination of the City Council shall be final and con- clusive." 4606. CABARET DANCES. No cabaret dance or cabaret dancing shall be held or engaged in unless all of the follow- ing conditions are at all times complied with; a) The dance floor shall be a minimum size of 300 square feet. b) The dance floor area specified in each permit issued under this Part shall be plainly marked and designated as a dancing area. No dancing shall be permitted in the premises except upon the dancing ares thus marked and designated. BIB] 37949-U01 ORD-U02 439-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31685-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 439ÜÂh£ŸjìÀ‹ Ordinance No. 439 Page 5 c) During all hours during which dancing is permitted by the permit issued hereunder for the premises, no portion of the dancing area shall be used for any purpose other than dancing and enter- tainment d) No portion of any dance floor shall be located within twenty feet of any bar or other facility for the dispensing of intoxicating beverages. e) The maximum number of persons occupying a build- ing or port ion thereof, used for din ing, drin king and dancing shall not exceed the maximum posted by the Fire Department. Occupant load in a cabaret shall be computed by dividing the usable floor area of the premises by a factor of fifteen square feet per occupant, but may be limited to a lesser number based on exit facilities." 4607. CABARETS. USE AS PRIVATE CLUB PROHIBITED DURING CERTAIN HOURS. No premises at which cabaret dances or cabaret dancing are conducted or engaged in shall be used or operated as a private club between the hours of 2:00 A.M. and 6:00 A.M. of any day." 4608. DANCES PROHIBITED DURING CERTAIN HOURS. No cabaret dance or cabaret dancing shall be held or engaged in between the hours of 1:45 A.M. and 6:00 A.M. of any aey. No public dance or club dance shall be conducted between the hours of 1:00 A.M. and 6:00 A.M. of any day." 4609. BRINGING LIQUOR TO DANCES PROH161 TED. No person shall bring to any public dance hall or to any dancing club, club dance, teenage dance, cabaret dance, or any public dance any intoxicating Iiquor; provided, however, that this Section shall not apply to any person, firm or corporation^ and to his or its employees acting within the scope of their employment, lawfully engaged in the sale or distribution of intoxicating liquor, from delivering intoxicating liquor to any such place,, upor the request or at the direction of the owner or operator thereof." 4610. POSSESSION OF LIQUOR AT DANCES PROHIBITED. No person, other then the owner or operator of a dance hall, dancing club, club dance, cabaret dance, or public dance, and his bona fide employees acting in the course of their employ- ment, shall possess any intoxicating liquor at any public dance hall, dancing club, club dance, cabaret dance, or any public dance unless the same has been lawfully sold, served or dis- pensed there at." 4611. EMPLOYEE DANCING PROHIBITED. No employee of any person conducting, or In charge of, any public dance, public dance hall, cabaret or public dance, shall engage in dancing with any other person at his or her place of employment,'1 4612. UNSOCIAL DANCING. No person shall dance with any person of the same sex at any public dance hall, cabaret dance, or public dance." tS. DISORDERLY CONDUCT. No person in charge of or assisting in the conduct of any public dance hall, dancing club, club dance, teenage dance, school dance, cabaret dance, or public dance shall permit any person to enter into, to be in or to remain in any place where such public dance hall, dancing club, club dance, teen-age dance, school dance, cabaret dance, or public dance is being conducted, who is intoxicated, boisterous, or disorderly. No person in an intoxicated condi- tion shad enter, be In or remain ip, any public dance hall, dancing club, ctub dance, teen-age dance, school dance, cabaret dance, or public dance. No person shall conduct himself in a boisterous or disorderly manner in or at a public hall, dancing club, club dance, school dance, teen-age dance, cabaret dence or public dance." BIB] 37949-U01 ORD-U02 439-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31685-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 439ÜÂh£ŸjìÀ‹ Ordinance No. 459 Page 6 4614. POSTING OF DANCING REGULATIONS. A copy of Section 4606 through 4615 of this Code, together with a copy of alf additional regulations imposed by the Council in granting a dance permit, shall be posted at each of the following locations of the premises for which the dance permit was issued: a) At the inside of and within three feet of each entrance and exit of the room or hat I where a public dance hall, dancing club, club dance, teen-age dance, cabaret dance, or public dance is operated or hetd. b) On the outside of and within three feet of each entrance and exit of the room or hall where a public dance hall, dancing club, club dance, teen-age dance, cabaret dance, or public dance is operated or held." 4615. ILLUMINATION OF PREMISES. Every person who is required to obtain a permit pursuant to the provisions of this Chapter: a) Shalt maintain at alt times within the room or place provided for dancing during the hours of opera- tion a minimum amount of illumination wmch shall equal an average of five 5) footcandfe at a distance of thirty 50) inches from the floor of said room or place b) Shall maintain outside at afI times within twenty 20) feet of every entrance, exit, loading area or un- loading 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) footcandte at ground level. 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 5) footcandte at ground level. In computing the average of three 5) footcandle, the five 5) footcandfe illumination required as set forth in the preceding subsection of this section may be included. d) Shall maintain at at! 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 illumina- tion which shall equal an average of one t) 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 adjoin- ing property or properties." PART 2 ENTERTAINMENT PERMITS 4650. DEFINITIONS. For the purpose of this Part, certain words and phrases shafI be construed herein as set forth in this Section, unless it is apparent from the context that a different meaning is intended: a) Chief shall mean the Chief of Police of the City of Baldwin Park; and b) Council' shall mean the City Council of the City of Baldwin Park; and BIB] 37949-U01 ORD-U02 439-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31685-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 439ÜÂh£ŸjìÀ‹ Ordinance No. 459 Page 7 cl Entertainment' shali mean: 1) Any act, by one or more persons by reason of which a tax is imposed, or required to be imposed, by Section 4251 bl of the Internal Revenue Code of the United States of America, and administrative regulations issued by the Internal Revenue Service, pursuant to said Section; or 2) Any act^ pi ay, rev lew, pantomime, scene, song, dance, act or song and dance act, participated in by one or more employees, guests, customers or any other person or persons; or 5) Any fashion or style show, except: 0.) When the same is conducted by a non-profit club, organization or association, as a part of the social activities of such club, organiza- tion or association; or bfc) Fashion or style shows conducted by a person conducting a commercial ousiness which involves primarily, the sale of clotning or wear i ng appareI; or c.l When the same are conducted solely as a fund raising activity for any charitable purpose d) Entertainment Permit' shall mean a permit issued pursuant to the provisions of this Part; and e) Place of Entertainment' shall mean a ptaee open to members of the public in which entertainment is offered or performed." 4651. PERMIT REQUIRED. No person shall participate in any act of entertainment in any place of entertainmant, as a performer or as the owner or operator of such place, without first obtaining an entertainment permit in the manner herein- after set forth in this Part. Issuance of a permit pursuant to this Part, shall not be deemed to waive the requirement for the issuance of any other permit or license required by the provisions of this Code, except that a dance permit shall be required in addition to a permit required by this Part, provided that no fee shall be required for such dance permits; if an entertainment permit is issued." 4652. APPLICATION FOR PERMIT. Any person required to obtain a permit under the provisions of this Part, shall make a written application therefor, to the Chief, containing the following information: a) The name and address of the owner, operator and other person responsible for the operation and main- tenance of the proposed place of entertainment; and b) The address and telephone number of said place of en t er t a i nmen t; an d c) A brief description of the type of proposed enter- tainment; and d) The dates and hours proposed for said entertainment; and e) An informal plot plan showing the location of the stage or other area where said entertainment will take place in reference to the building or structure. A filing and processing fee in the amount of $180,00 shall be required and submitted with each such applica- tion." BIB] 37949-U01 ORD-U02 439-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31685-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 439ÜÂh£ŸjìÀ‹ Ordinance No.459 Page 8 4655. APPLICATION INVESTIGATION. The Chief, upon receipt of a written application for an entertainment permit, shall conduct an appropriate investigation to determine whether said permit should be issued in accordance with the provisions of this Part as hereinafter set forth. The Chief may consider any relevant factual material, including, but not limited to, the proposed place for such entertainment and the character and reputation of the applicant and/or other persons who will be directly involved in the conduct and operation of such enter- tainment if the permit is issued." 4654. PERMIT. ISSUANCE. DENIAL. a) ISSUANCE. The Chief shaN issue an entertainment permit, based upon his investigation, if he finds that; 1) The public peace, health, safety /-*nd general welfare will not be endangered or Jeopardised by the issuance thereof; and 2) The applicant and other persons who will be directly involved in the operation of su^h enter- tainment, are of good character and reputation. The Chief may impose conditions upon the issuance of such permits to insure that the entertainment conducted under and by virtue thereof/ will be compatible with the provisions of this Part. b) DENIAL. If the Chief finds, based upon his in- vestigation, that the issuance of an entertainment per- mit would or might endanger or Jeopardize the public peace, safety, health and general welfare, or if he finds the the applicant, and/or any other person who will be directly involved in the operation, is of a bad character or reputation, he shall decline to issue the same. The applicant, or any other person requesting the same, shall be notified in writing, of the decision rer'jered by the Chief with reference to such an application. Such notice shall be given by United States Mail, postage prepaid, addressed to such person at his last known address." 4655. SUSPENSION. The Chief of Police shall suspend any entertainment permit issued by him if he finds that the permittee or such permittee's agent and/or employee, has been, or is, violating any condition of approval Imposed upon such permit, or is violating any provision of this Part or any other applicable law. The Chief, in the case of such suspension, shall either personally serve, or serve by United States Mail, postage pre- paid, addressed to the permittee, a written Order of Suspension stating the reasons for such suspension. The said Order shall be effective 24 hours after the same is either personally served, or 24 hours after the same has been deposited in the course of said United States Mail. In the case of an appeal from an Order of Suspension, the City Council shall conduct a hearing thereon as soon as is possible. The appealing party shall have the burden of proof to show that the Chief's action was not reasonable, or is not supported factually. If the Council finds, after the hearing the said matter, that the action of the Chief in sus- pending the permit, was justified, it shall order the permit revoked. The action of the City Council shall be final and conclusive." BIB] 37949-U01 ORD-U02 439-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31685-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 439ÜÂh£ŸjìÀ‹ Ordinance No. 439 Page 9 656. APPEAL. Any person aggrieved by the decision of the Chief, with reference to the issuance, denial^ a conditional issuance, or suspension of an entertainment permit, shaft have the right of appeal to the City Council. The appeal ing party sha*I fiIe wi th the City Clerk, a written letter of appeal stating therein the fact of such appeal, and the reasons therefor, together with an appeal fee in the amount of $50.00. Upon receipt of such letter of appeal, the City Clerk shall irrynediately set the matter for consideration by the Council at its next regularly scheduled meeting. Thff City Clerk shall give the appealing party and any other person requesting the same, at least 5 days' written notice of the time and place of such hearing; the appealing party may waive the 5- day notice provision by filing a written waiver thereof with the City Clerk. At the time and place set for the hearing upon the appeal from the decision of the Chief, the City Council shall give the appealing party, and any other interested party, a reasonable opportunity to be heard, in order to show cause before said Council, why the determination of the Chief should not be upheld. In all such cases, the burden of proof to show that the action of the Chief was arbitrary, capricious or in excess of his authority, shall be upon the appealing party. The determination of the City Council shall be final and conclusive." SECTION 2. That the City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by taw. 1966 PASSED AND APPROVED this 2nd day of Februar^ 7 L^A^ Ivory D./yites, Mayor ATTES^^^^ L^L^7 Thelma L. Bafkus, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 439, was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day pf January 1966_. That, thereafter, said ordinance was duly adopted and passed at a_ regular meeting of the City Council on the 2'n'cT day of^eoruary 1966 by the following vote: AYES: COUNCILMEN FOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CRITES NOE S: COUNC I LMEN NONE ABSENT: COUNC I LMEN W^ BIB] 37949-U01 ORD-U02 439-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31685-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04