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.
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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
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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 ..