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Home My WebLink AboutORD NO 3831ORDINANCE NO.~.~_ 8 3 1 AN ORDINANCE AMENDING CHAPTER 5.44 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PUBLIC DANCES AND DANCEHALLS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.44 of the Bakersfield Municipal Code is hereby amended to read as follows: CHAPTER 5.44 PUBLIC DANCES AND DANCEHALLS Sections: 5.44.010 5.44.020 5.44.030 5.44.040 5.44.050 5.44.060 Definitions. Permit required. Application -- Issuance -- Fee. Regulations. Revocation. Appeal. 5.44.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Public dance" means any dance to which the public generally may gain admission, but does not include dancing in a licensed cabaret. B "Dancehall" means and includes any room, place or space in which a public dance as defined in subsection A of this section may be conducted. C. "Person" means any individual, partnership, corporation or association of any nature whatsoever. D. "Teenage center" means a facility operated by a nonprofit, charitable, philanthropic, social service, benevolent, educational, civic, or religious organization, providing recreation and related activities to persons not less than thirteen nor more than nineteen years of age. ORIGINAl. 5.44.020 Permit required. A. It is unlawful for any person to conduct any public dance in the city, in violation of this chapter, or without having a valid permit therefor in accordance with the provisions of this chapter. B. It is unlawful for any person to operate a public dancehall in the city in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter. public dance 7. ever revoked B. finds: 2. 5.44.030 Application -- Issuance -- Fee. A. Applications for either permit under this chapter shall be made on forms to be furnished by the city manager or designee, shall be submitted no less than thirty days prior to commencement of the dance, if for a dance permit, and no less than thirty days prior to the commencement of business, if for a dancehall permit, shall be signed under penalty of perjury by the applicant and shall require the following information: 1. The name, mailing address, title, telephone number, previously used names, previous addresses for the past five years, employment history for the past five years, date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number, and arrest record, if any, of the applicant. 2. The name, mailing address and location of the dancehall, or the place where the public dance is to be held. 3. Whether a license from the California Alcoholic Beverage Control Board has been issued for the dancehall or location where the public dance is to be held. 4. If the person operating the dancehall or conducting the public dance is not tax exempt, the business tax certificate number of the business. 5. If the person operating the dancehall or conducting the public dance is a tax exempt entity, a statement that the applicant is an organization exempted from the payment of the bank and corporation tax by Section 23701(a), 23701(b), 23701(d), 23701 (e), 23701(f), 23701(g), and 23701 (I) of the California Revenue and Taxation Code. If the application is for a public dance permit, the date and time at which the is to be held, such time not to exceed twelve hours. Prior permits held in the past three years and whether such permits were or suspended, and the reasons therefor. The city manager or designee shall, in his discretion, issue a permit if he The application is complete and truthful; The applicant has not in the past three years been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, including, but not limited to, possession, sale or use of controlled substances, prostitution, pandering, unless a certificate of rehabilitation has been obtained; 3. three years substantially That neither the applicant nor any manager of the business has in the past done any act involving dishonesty, fraud or deceit with the intent to benefit himself or another, or substantially injure another; -- Page 2 of 5 Pages -- ORIGINAL 4. The business and the building for which the application is made will be maintained and conducted in accordance with all laws of the city and the state, including, but not limited to health, structural soundness, fire safety and zoning; 5. That a valid business tax certificate has been issued for this business, or that tax-exempt status has been granted to the applicant; 6. The applicant has not had a permit, issued under this chapter, revoked in the past three years, unless the city manager or designee finds that the reasons for such revocation are unrelated to this application; 7. That a license from the California Alcoholic Beverages Control Board has not been issued for the dancehall or place where the public dance is to be held. C. All permits issued under this chapter for public dances shall remain in effect only at the date and time listed on the permit, unless earlier suspended or revoked. D. All permits issued under this chapter for public dancehalls shall remain in effect until suspended or revoked. E. Permits may be issued with conditions to ensure that the dance or dancehall will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. F. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such dance or dancehall as set forth in Chapter 2,.70. 5.44.040 Regulations. A. All permits issued pursuant to this chapter sha~l be non-transferrable, applicable only to the original applicant and the original location. B. No public dancehalls or public dances shall be operated or allowed to be operated between the hours of two a.m. and seven a.m. of the same day. C. No person under the age of fourteen years shall attend or remain at any public dance, or be allowed to attend or remain at any public dance, except for public dances held in a teenage center, unless such person is accompanied by the parent or legal guardian of such person. No person shall falsely represent himself or herself to have reached the age of fourteen years in order to attend or remain at any public dance, and no person shall falsely represent himself or herself to be a parent or legal guardian of any person in order that such person may attend or remain at any public dance. D. No alcoholic beverages may be sold or brought onto the dancehall premises, or allowed to be sold or brought onto the premises where the public dance is being held. E. No person under the influence of alcohol shall attend a dancehall or public dance, or be permitted to attend or be on the premises of a dancehall or where a public dance is being held. F. One licensed security guard shall be stationed outside of the premises where the dance is being conducted, and an additional licensed security guard shall be stationed inside the premises for each one hundred fifty persons in attendance. G. It is unlawful for any person convicted in the past five years of prostitution, pandering, or possession, sale or use of controlled substances to be present at any public dance or public dancehall. -- Page 3 of 5 Pages -- ORIGINAL H It is the responsibility of the permittee to maintain peace and good order at all public dances. 5.44.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or designee whenever he or she finds: A. That misrepresentations were made on the application; or B. That the permittee has in the past three years been convicted of a crime substantially related to the qualifications, functions or duties of the activity or business for which application is made, including, but not limited to, possession, sale or possession of controlled substances, prostitution or pandering, unless a certificate of rehabilitation has been obtained; or C. That the permittee has in the past three years done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 5.44.060 Appeal. A. Should any applicant or permittee be dissatisfied with the decision of the city manager or his designee not to grant a permit or revoking a permit, then said applicant or permittee may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant or permittee shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or his designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... -- Page 4 of 5 Pages -- ORIGINAl I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: ~ 2 5 ~ AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and EX OFFIO, tO of the Council of the City of Bakersfield APPROVED: MAR 2 5 1998 B(~'B PRICE, M'A~OR CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY By: ASSISTANT CITY ATTORNEY LCM\bsb S:'~OUNCIL~)RD~DANCHALL.O-2 -- Page 5 of 5 Pages -- ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 30th day of March ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3831 , passed by the Bakersfield City Council at a meeting held on the 25th day of March, 1998, and entitled: AN ORDINANCE AMENDING CHAPTER 5.44 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PUBLIC DANCES AND DANCEHALLS. Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\DOCU M ENT~,OPOSTING March 27, 1998