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HomeMy WebLinkAboutORD NO 162ORDINANCE NO./-.~.~/NEW SERIES. AN O~DINANCE REGULATING 0PUBLI.C D~NOES~..~ AND PUBLIC DANCE HALLS AND REQUIRING PERMITS THEREFORE AND MAKING A VIOLA- TION HEREOF'A MISDE~'.~iEANOR AND PROVID- ING A' PENALTY THEREFOR AND REPEALING ORDINANCE NO. 188 NEW SERIES, AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE COUN.CIL OF TPLE'~"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 dance to which the public generally may gain admission with the payment of a fee. (b) "PUBLIC DANCE HALL" shall for the purpose of this ~rdinance' be held to mean and include any room, place or space in which a public dance as defined in subdivision (a) is conducted o~.?.any room, place or space in which clasees~ of dances are d d to be note or are conduct'ed for hire, or any room, place or space where instruction in dancing is given for hire. (c) "KNOWN" when used in connection with the words "prostitute" or "male or female procurer", or "vagrant" shall for the purpose of this ordinance be held to mean andinclude known to the mamag~r, owner, or lessee of the public dance hall, or to the person con- ducting a public dance, or to the police or other authorities having to do with the regulation or supervision of public dance ...... ~ll~, or public dances, to be'one of. the'~ersons named, or who has such reputation or character, 'or one' who' .~-~A~.. j. has. pleaded guilty to or has been convicted of being a prostitute, male or female procure~, or~agrant. -1- SECTION. 2. (d) "PERSON" shall for the purpose of this ordinance'be held to mean and include, natural persons, co-partnersh'~'ps, corpora- · It shall be unlawful to hold or condu. c~.o dance as defined herein or maintain, operate or conduct a~lic dance hall as defined herein~ or to hold or conducat Classes in dancing, or to give instruction in dancing for hire, in any public dance hall within the limits of the City of Bakersfiel'd, until SECTION the person owning or conducting the dance hall, or other place in which the same may be held, shall first have j0btained a written .perunit therefor as hereinafter provided. ./' ..~.~. Applications for a' permit to keep and conduct a p lic "ub ' dance hall" shall be on forms supplied by the City Clerk and shall be substantially as follows: APPLICATION FOR PE.~IT TO CONDUCT A PUBLIC DANCE HALL. 19 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 hereby expressly agreed that in the event that this permit shall be issued that said dance hall shall ~e conducted in strict accord with the'provisions of law.regulating public dance halls, and the undersigned agrees that the permit given and accepted subject to the provisions of this applica- tion and that he shall be held responsible for violation of any provisi.on of law or ordinance regulating public dance halls. There are square feet of dancing space in said hall. The und'ersigned is the proprietor of the hall located at the above address, in which hall an application for keeping and conducting a public dance hall is hereby made. Signature of the Applicant. POst'Office Address of Applicant. SECTION 4. 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 to the Building InspeCtor of the City of Bskersfield for investigation as to whether or · .... SECTION 5. SECTION 8. SECTION 7. the place for which it is asked, a "public dance hal!"' permit. is to be given, complies with and comforms to all laws, ordinances, health and fire regulations applicable thereto andS. is ?p~..operly ventilated and supplied with separate and sufficient toilet conveniences for each sex within the building !n iwhich· th~ce is to be conducted and is a safe and proper place for th~rpose for Which it shall be used, the Chief of Polic'e......oand Building Inspector, each shall report thereon at the next regular meeting of said Oouncil. 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 understanding and agreement that the Council of tlhe City of Bakersfield may revoke the same I at any time' if any o~the terms or conditions of same have been violated 'or if the same was obtained by fraudulent representations, or it is shown to the satisfaction of said council that said 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, however, that the 'holder of said permit may appear before the 0ouncil in his own behalf, but the Council shall be the judge of the sufficienncy of the charges or of what is detrimenta~ t~ the social peace or public morals, and the decision of said Council '. :thereon shall be conclusive. All permits as provided herein shall be granted and accepted upon the further understanding and agreement that all ~h_e terms, provisions and regulations cont~ ned tn this ordinance, '- as the same now is or may hereafter be amended, shalllMe fully complied with. Application for a permit to conduct a "public dance" as defined herein shall be upon forms supplied by the City Clerk -3- SECTION 8,~ SECTION 9. (N e) (Address) and shall be substantially as follows: .... ."' i.~'' " - APPLICATION FOR PEP~IT TO"'DONDUCT A~..P.:UBLIC._~.DANC'E, .'~"~:~-" ." '.=" ;:' "~ The undersigned hereby ~~d makes application for a pe~ ... ~. -~=..~.. to give a public dance at fint~.es .....~"""' Bakersfield from. the date of issuance'o .. . ..... . .. including the day of 19 , It is hereby expressl.y...; agreed that said dance shall be conducted in .~trict accord '~.. .... with the provisions of law regulating public. '~'~nces, and th!,.e 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 violatio.n of any .provisions of law or ordinance 'regulating any public· dance, The owner or lessee of the premises· i.n which such dance is to be held is ...~.. (NAME) .!;-'.(.OCCUPATION) ....~..~... 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 amd proper place for conducting the " said pulbic dance, who shall report thereon at the next regular meeting of said Council, The Council shall thereupon at its discretion grant or refuse said permit, Application for a. permit to "cOnduct classes in danc- i. ng" or to give 'instruction in dancing for hire shall be upon forms supplied by the City Clerk and shall be substantially as follows: APPLICATION POR PERA~IT 'TOGIVE INSTRUCTION IN DANCING FOR HiR'~,' ' CONDUCT CLASSES IN DANCING, ' (Cross out one Which is not tO .be UsSd,.)' .' The undersigned, hereby makes applicati.on 'for a permit togive instruction in dancing for hire conduct classes in dancing, .at. " (Cross .out one which is not. be 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 sai"d'~remises and persons Ps..~..nt shall' be. in s-tr~ c..t -...~. ~ ..... ~'.~'..' ....... ..- ... ~... ;..~ ~ .~-~-.~-.-.. ~!...~ .~;. - .. . ~ '-~-~'~.~ ...~_.. SECTION lO, accord with the provisions of the ordinances of the City of Bakersfield and the laws of the State of California, and' the undersigned a~re'es that the permit is gi~.~.=·and accepted 'subject to ~'he prOvisionS Of all laws· and o~!'.'.~ .~'es of.....;.;.~.~-~. City and of' the .State Of 'Cal'ifornia and th'a~ '~a.~i'~'6~ej~ld.''. responsible for a~y violation thereof, ' ' '~...'.~.!!-~r~-::-~'.''' The owner or lessee of the prem'£ses in which such .~_~Ce is to be held is '.-~..~...~... (Name of owner or lessee) '~ ~ ,~j"'~ (occupation) (address) (n~e of Applicant ) (address) Upon receiving such application the Council shall · ..:~: 'refer the same to the Chief of Police for investigation.e_s to the moral character of the applicant and whether the proposed location is suitable and p~oper piace for "conducting the said ClAsses in dancin. g" or "giving instruction in. dancing for hire" who shall , report thereof at .the next regular meeting of said Council, The Council shall thereupon at its discretion, grant or refuse said permit, SECTION ll, SECTION 12. All .permits granted hereunder shall be good until the time in said permit specified, not exceeding one year, The same shall not be assignable, If the permits as provided for in this ordinance be revoked by said Council, no new permit shall be · granted to such person, or'to any person who was an agent or employee of such person at the time of any violation of this or~ nance, or at the ~ime of the application for a new permit, 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,~·a dance, dancing class ~r giving instructions in danc~n~'~nde~ permit from the City "' of Bakersf'ield'or otherwise to allow or permit in any dance hall any indecent act ti~ be committed, or any vulgar dancing to be indulged in, or any SECTION 13. disorder, or conduct of a grQ.s=s, vulgar or ~iolent ~~'~"~/~'~.-'~ to permit in any such dance h..a. 1! any knowr~ prostitute, pimp Any member of the City CoUncil, Po=~ice'. hblic Welfare Comission, or other .prOperly constituted a.Uthority, shall be a~itted free of charge to any public dance' ha!~:~~d City, md they sh~l have the power and it. shall ~.e. th~'du~f 'each of them to cause ~y dance'hali' to be vacate.~-~when~e~er ~y p~ovtsions of this ordin~ce, or of ~y ordinanoe.'~~lation law concerning dance halls,. has been.' Or is being v~~d; or whenever any ordin~ce, re~lat~on or" l'aw.'of my ch~acter shall be violated; or whenever any indecent act shalI:'.~s.' c'oEitted, or any ~l'gar .dance indulged in or when any d! ' ..... .. onduct of a gross, violent or ~lgar cha'racter shall t~= ' ....... $ .~Cth e r e i n or any kno~m prostitute,' pimp or procurer shall b'e f~d to be present in such place. No person to whom a ~nce petit is issued shall allow any ~coholic liquor to be~b~eaght into any dance hall o~ room, or compartment adjoining or'-~in the s~e .build- ing, or any outbuiidin~ on the s~e premises, if under t~~'''~' ' ' - ~~o! df the person holding .such permit, oP any person ~?~r the influence · : ~'~ · s~.~ll be permitted, ,-:~.~:... It shall be unlawful to permit- any pers~, who has · not reached the age of eigJateen yearS, to 'attend or re. main at any public dance unless such-person be accompanied. by the par. ent or legal guardian of such person. It shall be unlawful for any " . person to represent himself or herself to have reac~e~'~d-.'the aLge -- offeighteen_years in order to attend-~or_r.e~,.ain at.__a~y~L~-~hlic " .-.~'~ .'~ "' dance, ~hen s~ch person in fact is under eighteen years of age, and tt shall be unlawful for any ~rson to falsely represent himself or herself to have reached the age .of eighteen y~?~s in order ~tend or remain at any public dance,. when ~ ~~~ in ~'act ........ .:,.,:. ...... ... ......... ~:~~: ,::..i ......i~;'~'.'i~f~-i~:-'~ __.~,~: :~:~-'.'~a~ ... ........· ............. is under eighteen years of ~age, and it shall be unlawful for any .... ~.... ~..person to falsely represent himself or hersel'f to be'a "p-a~e{~:-6r ~ j"., . .~ '~. - . legal guardian of any person in order' tha~ such person "'~'~" may :~ttend or remain at any public dance. The fact that a person under the age of eighteen years secured admission. to any such dance hall under false representations as t'o age, or false ~spresentationS that he or she was accompa. nied by parent or guardian, shall be no defense to the person holding such permit in a prosecutinn for violation of this ordinance, nor that such person was admitted by. an employee. ~""" SECTION 14. SECTION 15. All public dances as defined herein shall b~~ stopped and discontinued and all public dance halls shall be closed at twelve o'clock midnight, except when a s·~ecial permit therefore has been granted by said Chief of Police of said City. No public dance shall be held on Sumday. It shall be ~nlavvful for any known prostitute, male or female procurer, or vagrant, to be present at any public dance or any public dance hall. SECTION 16. 'The admission fee shall entitle any person paying the same to partic~'.pate 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 leaving the dance hall and its anterooms, shall not be re-admitted thereto except upon payment of regular admission fee. SECTI ON 17. Every person who conducts a public ~ance hall or place where dancing is permitted shall appoint some respectable woman not under thirty yea~s of age who shall act as general ~haperone, She shall be present at all times when said dance hall or place is open to the public and when a public dance is" _ .. _. _ ...~........ . . . :.. ....- - ......~..~ ......~ ....'~-~I'..i~::~.-~... :. SECTION 18. SECTION 19. SECTION 20. being conducted therein. ·It.Shall be her duty.t·9·..·S·e··~'·that the provisions of this ordinance relating to the con~.~.~O!f~.~:~.-h~-~..'persons ' ' ' : shall b~ approved by the ehief. of Police of said City, and.~... · . .5~ ..... may revoke 'said approval. No public dance shall be co .' . without the presence of said chaperons, provided, that in case of the illness of the chaperons, the Chief Of Police may give '~.~'. temporary pemit to conduct a public dance for one day only without athe. presence of the chaperons. ~e compensation of such chaperons shall be paid by the person conicring, owning or managing such dance hall. It shall be unlawful 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: · PUhl~ Dance Halls ............ $ 200~00 per year Public Dances . .............. 80.00~. per quarter Single Public Dances . .......... 12.50 each Classes in Dancing or instruction ~.~,~ for hire ...... · .... ~ · · ~ · . per, quarter If at any time the permit for a public dance all hall 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. I~ shall be unlawful for any person operating, managing or co-nducting a public.dance in ~he. City of Bakersfield ~o admit or to allow to be admitted'peraons of either sex without the payment of an admission fee the minimum of which shall in no event be less than twenty-five (.25) cents. SECTION 21. SECTION 22. SECTION 23. SECTION ·24. ex ...... If any section, subsection, 'sent'8~e~..,~ause or phrase .~- .. '~ .. . .~.. of this ordin~ce is for any re~son held to or invalid, such decision shall not 'affect the remaining portion..9~..'...~'.'- this ordinance. The City Council hereby declares that it would have passed 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 unconstitu- Any perso~ firm or coppotation· violating ~y of provisions of this ordinance shall be .deemed ~.u~lty of a misde-' meanor, and upon conviction thereof shall be·' ~unished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment in the Gounty Jail of Kern County not exceeding .n..~nety (90)"~s or by both such fine and imprisonment. That 0~.dinance No. 188 New Series, regulating the business o'f conductinE public dances, and all other ordinances and parts of ordinances of the City of Bakersfield in conflict herewith are hereby 'expressly repealed. I HEREBY CERTIFY that the foregoing 0r~.inance was pa~ss~ed and adopted by the Council of the City of Bakersfield on. the ,' 1923,by the ~ollowing vote: Ayes: Carlisle, Gr~th~ Hougham, Nelson, Rob~sen, SmHh. ~. 0 e (:] & e~...8'.-.e ..