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HomeMy WebLinkAboutORD 80 (1950)ORDINANCE NO. 80 AN ORDINANCE OF THE CITY OF TUS'TIN, CALIFORNIA REGULATING DAKGE``FiALL�, DANCING CLUBS AND PUBLIC DANCES IN THE CITY OF TUS TIN The City!Council of the City of Tustin does ordain as follows: Section 1. It shall be unlawful for any person, association of persons or corporation to conduct or assist in conducting any pub- lic dance hall, dancing club., or_any publi.c.d.anc.e in..the City of Tustin unless under and by authority of a written permit from the City Council of said'Ci.ty; and it shall.be unlawful. for any person to participate in any such dance conducted without such permit. Permits to conduct public. -dance halls, dancing clubs or public dances in said City may be issued by said City Council upon the written application of any person..for himself, or on behalf of any association of persons__or corporation. The Council must first satisfy itself that such conduct of such dance hall, dancing club or public dance will comport with the public welfare, and.for this purpose may consider any facts or evidence bearing on the place where the proposed public dance hall, dancin .club or g publicdance is to be located, the character, reputation and moral fitness of -those who will be in charge of it, and any other facts or evidence tending to enlighten said Council in'this respect. Provided, that the Chief of Police may,without any action on the part of the City Council grant a permit Without charge to any recognized religious, charitable, civic, fraternal, school or patriotic organization of the City of Tustin to conduct a public or club dance, after satisfying himself that such dance will be conducted in an orderly, legal and proper manner. When the Council shall issue any permit under the terms of this section, the same may be revoked at any time thereafter by said Council, if such Council becomes satisfied that the conduct of such danceohall, dancin club or public dance does not or will not comport with the public welfare for any reason or hat the same has been conducted in an illegal, improper or disorderly manner. Said Council may make rules governing the public dance halls, public,dances and dancing clubs, and may. revoke or suspend permits issued for any public dance hall or dancing club where the proprietor or person or persons in charge thereof violates or permits 354 any infraction of any such rules or any law of the State of California or any ordinance of the City of Tustin, provide.d:,_.however, that no permit I suspended under i for a iblic dance hall or dancing_club_shall.be.revoke.d_or the terms of this section unless a hearing and notice thereof b�p given the permittee; provided, however, that any such permit may be temporarily suspended by written order signed by the Chief of Police, a copy of which If order shall be transmitted by the Chief of Police to the City Council at its next regular meeting. Such order shall be passed upon by the City Council at its regular meeting after such issuance and shall cease to be of any effect thereafter, but said City Council may at such meeting adopt a resolution continuing such temporary,�.su:spension in effect pending a regular hearing. For the purpose of this ordinance, a public dance hall is defined to be a place where dancing is conducted whether for profit, and to which the public is admitted, either with or without charge, or at which the public is allowed to participate in the dancing, either with or without charge. For the purpose of this ordinance, the term "public dancer' is defined to be a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose for such gathering or as an incident to some other purpose, and to which premises the public is admitted. For the purpose of this ordinance, a dancing club is defined to be any club or association of persons which conducts dances other than public dances for its members or bona fide guests more often than once per month, at which a feeds charged, either for admission to such dance of for dancing in a public dance hall, public inn, or at which any collection i or donation of money is made or received, or in which event the amount of } dues to be paid by each member is dependent upon attendance at such dances } by such member; and a club dance is defined to be any dance held by a" j dancing club. Section 2. The fee for such permit -ahall be the sum of Twenty five Dollars ($25.00) per annum or any part of a year, payable annually in advance. That nothing in this section shall be deemed or construed as apply- ing to any dance conducted or given by any recognized religious, charitable, civic, fraternal, public school or patriotic organization of the City of Tustin. Section 355 3• I't shall be unlawful for._ any.minor.person under eight- een years of age to enter, be or dance in..:any__pubij.c,.or-club dance unless such minor is accompanied to such public or club dance by one or both of his or her parents or by his or her guardian; it shall be unlawful for any parent or guardian of'` a minor under .eighteen (18) years of age, or the Proprietor or person in charge of any public dance or club dance, to per- mit any such minor person to enter, be or dance in any public or club da.nce.unless such minor person is accompanied to such public or club dance by one or both of his or her parents or by his or her guardian; provided, that nothing herein shall be construed to prevent a minor person under the age of eighteen (18) years from being in a bona fide hotel, cafe or other place where meals are.R;regularly served and where a public dance is being held, in the event that such minor does not participate in the dancing therein. 'That no in this section shall be deemed or construed as applying to any dance conducted or given by any recognised religious, charitable, civic, fraternal, public school or patriotic organization of the City of Tustin, prin-dipally for minors, provided such dance is conducted or given under proper supervision of adults. Sedt_ox, 4. The proprietor or permittee under a permit from the dance, shall have the right to apply to the Chief of Police for the appointment of a special police officer or 'special police officers, and the Chief of Police, irrespective of whether or not such application has been made, shall, in his discretion, have the power and authority to appoint a special p police officer or special police officers, such special Police officer or special police officers so appointed to be paid by such proprietor, and to attend in such public dance hall, public dance or 'club dance during such times as dances are conducted therein, for the purpose of preserving order and seeing that no violation of any law of the State of California or any ordinance of the City of Tustin is permitted, but the presence of such special police officer or officers at any such public dance hall, public dance.or club dance shall not relieve the proprietor thereof, or any of his employees, from the responsibility of any violation of any law or any ordinance. Any police officer of the City of Tustin, on duty, whether in uniform or working in civilian clothes, shall be admitted without charge I to any such public dance, club dance or public dance hall at any time for I 09 � the purpose of inspecting:... -the ,conduct of those .p.art.ic:ipatIng in the dancing and to see that the provisions.of this ordinance are.-_be.ing...properly complied with. Section 5. It shall`be unlawful-forany..person to conduct or assist in conducting any public dance, p_u.bli.c.ed:anae_.hall or club dance on Sunday, or between the hours of 1:00 o'clock -A. -M...;. and 6;00 o'clock ' } A. M. on other days. Section 6. All public dance: halls or pl.ac_e.s where public or club dances are held must at all time.s_when-..op.en..for.dancing therein be lighted throughout. 5� Section 7. It'shall be unlawful for any person to sell or give any alcoholic liquor on or adjacent to premises where a ppblic dance or club dance is being held. Section 8. It shall be unlawful for any person to take any form of alcoholic liquor into any premises where a public dance or club dance is being held, or to permit any intoxicated, boisterous or disorderly person to enter, be or remain in any public dance hall, public dance or club dance, or for any person to conduct himself in a boisterous or dis- orderly manner. Section 9. It shall be unlawful for any person, firm or coppnr- ation conducting, maintaining or carrying on a public dance, dance hall, or having charge or control thereof, to employ or permit any female under the age of twenty-one (21) to give instruction in dancing therein to persons of the opposite sex. It shall be unlawful for any person, firm or corporation conducting, maintaining or carrying on a public dance hall or having charge or control t1nereof, to permit any instructor who is under the age of twenty-one (21) years to give instructions in dancing to persons of the oppisite sex in any private room or booth in such public dance hall. For the purpose of this section, the term "private room or booths shall include any room, booth, alcove or enclosure, every part of which is not clearly visible at all times from the main dance floor located upon. the same floor upon which such private room or booth is located. That nothing contained in this section shall be deemed or construed as applying to any place wherein dancing is -the principal subject taught, or to instnuction given by or in connection with any recognized. religious, 3.57, charitable, civic, fraternal, public school Or patriotic organization Of the City of Tustin. Section 10. Any person, association or corporation, who shall violate any of theprovisi©ns of this Ordinance, shall be deemedilt _ � y Of a misdemeanor and upo t eOnviction thereof, shall, _be punishable by a fine not exceeding Five hundred Dollar' s 4500.00) or by,imprisonment in the City Jail or ire the County Jail ofthm County of Grange for a period not exceeding six 6) months or by both such Fine an& i rlsonment; and upon conviction, any permit whichmay "a been 'granted to such person association of persona or orpoation to conduct, maintain or carry on any public dance hall public dance car1ub, shall be rendered void ipso facto, and shall be revoked by the City Council as hereinbe- fore e fore provided; and no new permit -shall be. issuod.to such person, assn - elation ofcor or ersons orations to conduct a p - p any public dance hall public dance or club dance for at least one year thereafter. Section 11. That the City Clerk shall certify to the passage g and adoption of this ordinance, and shall cause the same to be published once in The Tustin News; a weeklg newspaper of general circulation, published and circulated within the City of Tustin, and which is hereby designated for that purpose, PASSED;, APPROVED AND. AD OPTED by the City C o unc i 1 of the City of Tustin. this lot day of oda 1950. ATTEST: Vincent L. Humeston Ciy ler The above and foregoing Ordinance was duly introduced at a regular meeting of the City Council held on the 17th day of April., 1950, and was regularly passed and adopted at a regular meeting of the City Council held on the 1st da of may, y s 1950, by the f of i owing *,vote: AYES: Councilmen: Humeston Mi ler Bacon and Teter NOES: Councilmen: None ABSENT Councilmen: Gra