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HomeMy WebLinkAboutORD NO 158ORDIN~3CE NO./~'~NEW SERIES. AN ORDINANCE REGULATING PUBLIC DANCES AND PUBLIC DANCE HALLS AND REQUIRING PERMITS THEREFOR AND MAKING A VIOLA- TION HEREOF A MISDEMEANOR AND PROVID- ING A PENALTY THEREFOR AND REPEALING ORDINANCE NO. 404 AND ORDINANCE NO. 72 NEW SERIES, AND ALL ORDINANCE AND PARTS OF ORDINANCES IN CONFLICT HERE- WITH. BE IT ORDAINED BY.THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. For the purpose of this ordinance the.following words and phrases shall have the meaning as in this section setforth: (a)"PUBLIC DANCE" shall for the purpose of this ordinance be held to mean and include any danes to which the public generally may gain a~ission with the payment of a fee, Provided, however, that no dance the income of which, over and above a sufficient sum to pay the actual expenses of the dance is devoted to charity shall be considered a'~ublic dance~ (b)"PUBLIG DANCE HALL" shall ~or the purpose of this ordinance be held to mean and include any room, place or space in which a public dance as defined in subdfvision (a) is conducted or is to be 'condUcted, or any room,~place or space in which classes ofdances are conducted or are to:be conducted for ~ire, or any room, place or space where instruction in dancing is~.gi~em for hire. (c) "KNOWN" when used in connection with the words "Prostitute" or"male or female p per'l, or "vagrant" shall for the purpose of rocu this. Drdinance be held to mean and include knowm. to the-manage~, owner, or lessee of the public dance hall, or to the person conducting -1- a public dance, or to the police or other.authorities hating to do with the regulation or supervision of public dance halls, or public dances, to be one of the persons named, or who has such reputation or character, or one who has pleaded guilty to or has been con- victed of being a prostitute, male.or female procurer, or vagrant. (d) ""PERSON" shall for the purpose of this ordinance be held to mean and include, natural persons, co-partnerships, corporations and associations and shall include both sexes. SECTION 2. It shall be unlawful to hold or conduct any public dance as defined herein or maintain, operate or conduct a public dance hall as defined herein, or to hold or conduct classes in' dancing, or to give instruction in dancing for hire, in any public dance hall within the limits of the City of Bakersfield, until.the person owning or conducting'the dance hall, or other place in which the s~xe may be held, shall first have obtained a written permit therefor as hereinafter provided. SECTION 3. Applications for a permit to keep and canduck a "public dance hall" shall be on forms supplied by the City.Clerk and shall be substantially as follows: APPLICATION FOR PERMIT TO CONDUCT A PUBLIC DANCE HALL. The undersigned, hereby makes application for a permit to keep and conduct a~.public dance hall at ~ in the City of BakerSfield, State of California, from date of issuance' of permit to and including 19~ It is hereby expressly agreed that in the event that this'permit shall be issued that said dance hall shall be conducted in strict accord with the provisions of law regulating public dance halls, and the undersigned agrees that the permit is given and accepted subject to the provisions of this applica- tion and that he Shall be held responsible for violation of .... any p~ovisiOn'of law or ordinance regulating public dance halls. There are square feet of dancing space in said hall. The undersigned is the proprietor of the hall located at the above address, in which hall an application '-for keeping -2- and conducting a public dance hall is hereby made. Rignature of the Applicant. Post Office Address of Applicant. SECTION 4. SECTION 5. Upon receiving such applicstion the Council shall refer the same to the Ohief of Police for investigation as to the moral character of the applicant and to the building Inspector of the City of Bakersfield for investigation as to whether or not the place for which it is asked, a "public dance Hall" permit is to be given, complies with and conforms to all laws, ordinances, health and fire regulations applicable thereto and is properly ventilated and supplied with separate and sufficient toilet conveniences for each sex within tee building in Which the dance is to be conducted and is a safe snd proper place for the purpose for which it shall be used, the Chief of Police and Building Inspector, each shall report thereon at the next regular meeting of said Council. The Council shall'thereupon, at its discretion, grant or refuse said permit. All permits .provided for in this ordinance shall be granted and accepted with the express underst'anding and agreement that the Council of the City of Bakersfield may revoke the same at any time if any of the terms or conditions of same have been violated or if the same was obtained by fraudulent· representations, or it is shown to tlhe satisfaction of said. council that ~'aid dance or place is conducted in an unlawful manner, or that same is detrimental to the social peace or public morals of the community; provided, how- ever, that the holder of said permit may appear before the Council in his own behalf, but the Council shall be the judge of the suffic- iency of the charges or of what is detrimental to the social peace or public morals, and the decision of said Council thereon shal'l be conclusive. -3- SECTION 8. · All per~its'r'aS provided-herein shall~-'be"g~anted and accepte~ Upon the further understanding and agreement that all the terms, provisions and regulations contained in this ordinance, as the same now is or may hereafter be amended, shall be fully complied with. SECTION V. Application for a permit to conduct a "public dance" as defined herein shall be upon forms supplied by the City Clerk and shall be substantially as follows: APPLICATION FOH P~RMIT TO CONDUCT A PUBLIC DANCE. 197- . The undersigned hereby makes-application for a permit to give a public dance at , in the City of Bakersfield from the date of issuance of this Permit to and including the day of 19~ . It iS hereby expressly agreed that said dance shal'Y'be conducted in strict accord with the provisions of law regulating public dances, and the undersigned agrees'that the permit is given and accepted ..subject to the provisions of this application and that he shall be held responsible for any violation of any'provisions of law or ordinance regulating any public dance. " The owner or lessee of the premises in which such dance is to be held is (NAME) (OCCUPATION (STREET) (N e) (Address) SECTION 8. Upon receiving such application the COuncil shall refer the same to the chief of Police for investigation as to the moral character of the applicant and whether the proposed location is a suitable and proper place for conducting the said public ~ance, who shall report thereon at the next regula~ meeting of said Council. The Council shall thereupon at its discretion grant or refuse said permit. SECTION 9, Application for a permit to 'Honduct classes in dancing" or to give instruction in dancing for hire shall be upon forms supplied by the City Clerk and shall be substantially as follows: -4- APPLICATION FOR PERMIT TO GIVE INSTRUCTION IN DANCING FOR' HIRE. · ·CONDUCT CLaSSES, IN DANCING. (Cre.~8."out one which is not to be ~ed:.. 19~ . The undersigned, hereby make~ application for a permit'.'. ... · give instruction in dancing .for hire to ~8~uct Classes in ancing, at (Cross out one which is not to be used)· in~ the City of Bakersfield, from day Of issuance of permit 'to and including_ day of 19~ . It. is hereby expressly agreed that .said premises an~ persons present shall be in ~trict 'agrees that the permit is given and acceptDd subject to the pro- visions of all laws and ordinances.of this city'and of the State. of California and that he shall be held responsible for any violatiom · ]xhereof. The owner or lessee. of the premises in Which such dance'!.-..~.~'' is to ~e held iS' ~ .. (name of owner o.r lessee ..:~ (occupatiOn) ( addre s s ) ('name of Applicant) (adress) SECTION lO.. Upon receiving such application the council shall refer the same to the Chief of Police for investigation as to the m6ral ·· character of the applicant and whether the' proposed'location is suit-- able and proper place for conducting the. said classes in dancing or giving instruction in dancing for'hire, who.shall. report ·thereon .. at the next regulat' meeting of said Council. ~e Council shall ... thereupon at its discretion, grant or refuse·said. permit. · L S~CTION ll.- ..... .. All. p~mits granted hereunder shall be goo~ until the time in said permit ·'Specified, not exceeding one'year. The s~e shall '. not.be assi~able.. If ~he ~emtts as provided·for in'this ordinance ..be~rzvoked~'said Council, no~new permit shall'be granted ~o such person, or-to any person who Was an agent or employee of such person at the time of ~y violati~on. 0f this'ordinance, or at the '- 'Of · the .~pIicatiOn for a new permit. " .. .. ., -.. , ..' · .':"'-:' · .. '......~. ~ .....~'~.:~ .'.~.._. j! .~.,.~ ~. ~ . ~ ..~ SECTION 12. It shall be unlawful for any person to whom a public dance hall permit is issued, or for any person conducting a public dance hall or dancing class under permit from the City of Bakersfield, to allew or permit in any dance hall any indecent act to be .committed, or any vulgar dancing to be indulged in, or any disorder, or conduct of a gross, vulgar or violent character, or to permit in any such dance hall any known prostitute, pimp or procurer. Any member of the City Council, Police Department or Pul~lic Welfare Commission, or other properly. constituted authority, shall be admitted free of charge' to any public dance hall in said City, and they shall have the power and it shall be the duty of each of them to cause an.v dance hall to be vacated whenever any pro- visions of~ this Ordinance, or of any ordinance, regulation or law concerning dance halls, has been or is being violated; or whenever any o~dinance, regulation or law of any character shall be violated; or whenever a,ny indecent act shall be committed, or any vulgar dance indulged in or when any disorder or conduct of a gross, violent or vulgar character shall take place therein, or any known prostitute, pimp.or procurer shall be found to be present in such place. No person to whom a dance permit is issued shall allow any alcoholic liquor to be brought into any dance hall or room, or compartment ~'.a~J'~ining or in the same building, or any outbuilding on the same premises, if under the control of the person holding such permit, or any person under 'the influence of liquor to remain at any public dance. No head to head dancing shall be permitted. SECTION 13. It shall be unlawful to permit any person, who has not ~ached th~ age o~ ~jighteen years, to attend or remain at any public dance unless such person '~-~e accompanied.by the parent'or legal guardian of such person. It shall be unlawful for any person to represent himself or herself to have reached the age of eighteen years in order to attend or remain at any public dance, when such -8- person in fact is under eighteen years oT age, and it shall be . unlawful. for any person to falsely represe.nt himself or herself to have reached the age of eighteen years'in order to attend or reins, in at' any public dance, when such person in fact is under eighteen years of age, and it shall be unlawful. for any person to falsely represent himself or herself to be a ~arent or legal guard- ian of a~y' person in order that such person may s~tend or remain at a any public dance. Th~ fact that a person under the age of eighteen years secured admission to any such dance hall under false represen- tations as to age, or false representations that he or she was accom- panied by parent or guardian, shall be no defense to the person holding such permit in a prosecution for violation of this ordinance, nor that such person. was admitted by an employee. SECTION 14. All public dances as defined herein shall be stopped and discontinued and all public dance ha.'lls ahall be closed at twelve o~clock midnight, except when a special permit therefore has been granted by said-Chief of Police of said City. No public dance shall be held on Sunday. SECTION 15. It shall be unlawful for any known prostitute, male or female l~rocurer, or vagrant, to be present at any public dance or any pubilic dance hall. SECTION 16. The admission fee shsli entitled any person paying the same to pa:?ticipate. in all dancing, and no separate or individual fee shall be charged or collected for participation in any individual dance. No' pass-out or return checks shall .be issued, and persons -- , 'i'~'~ving the dance hall and its anterooms, shall not be re-admitted thereto except ..upon payment of regular admission fee. -V- SECTION 17. Every person who conducts a public dance hall or place where public dancing is permitted shall appoint some respectable woman not under thirty years of age who shall act as general chaperone. She shall be present s~ all times when said dance hall or place is open to the publ'ic and when a public dance is being conducted therein. 'It shall be her .'duty to see that the provisions of this ordinance relating to ~he conduct of the persons attending said dance hall are · enforced. The person so appointed shall be approved by the Chief of Police of -,:aid City, and he may revoke said approval. No public dance shall. be conducted without the presence of said chaperone, provided, that in case of the illness of the chaperone, the. Chief of Police may give temporar.~f permit to conduct a public dance for one day only without the presenC~of the chaperone. The compensation of such chaperone shall be paid by the person conducting, owning of managing such dance hall. SECTION 18. It shall be unlawful .:U'to maintain or conduct any public dance, public dance hall, give instructions in dancing for hire or conduct classes in dancing without paying~therefore the license feE; as fixed by this ordinance. The fee to be paid shall be as' follows: Public Dance Halls .... ... ..... $200.00 per year Public dances ......... · 50.00 per quarter Single Public ~a~c~s '12.50 each Classes in DanCing orjinstruction for Hire. .......... . . . 25.00 per quarter. SECTION 19. · I~ at my time the permit for a .public dance ~ shall be revoked for a violation of the provisions of 'this ordinance then in that event at least three months shall elapse before another permit shall be granted to the manager, owner, .or lessee of such premises. -8- SECTION ~0. It shall be unlawful for any person operating, managing or conducting a public dance in the City of Bakersfield to admit or to allow to be adlnitted persons of either sex without the payment of an admission fee the minimum of which shall in no event be less than twenty-five (.~8) cents. SECTION ~l. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such dscision shall not affect ~he remaining portionS of this ordinance. The City Council hereby declares that it would have p~-.ssed this ordinance and each section and subsection thereof irrespective of the fact that any one or more of the sections, sub- sections, sentences, clauses or phrases be declared unconstitution- al or invalid. 'SECTION ~. Any person, firm or corporation violating any of the visions of this ordinance sh'all be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to' exceed three hundred dollars ($ZO0.O0) or by imprisonment in the county Jail of Kern County not exceeding nihety (90~)_day8 or by both such fine and imprisonment. SECTION That Ordinance No. ~0~, regulating the business of conduct- ing public dances, and Ordinance No. V~ New Series amending Ordinance No. ~0~ of the City of Bakersfield, and all othe~ ordinances and parts of ordinances of the City of Bakersfield in conflict herewith a~e hereby expressly repealed. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield on the ~~ day of January, 19S3, by the following vote. Ayes: Carlisle, Griffith, ~, Hougham, Nelson, Robinson, Smith. City C1 Clerk of the Council of the City of Bakersfield. APPROV. hi~ ~ ~ ~day of · n r.y, ~~~ . . APnPR'j~Ci f Bakersfield. -lO-