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HomeMy WebLinkAboutORD NO 171ORDINANCE NO. ]7/ ·NEW SERIES. AN ORDINANCE REGULATING PUBLIC DANCES AND PUBLIC DANCE H~T~JS AND. REQUIRING PERMiTS'THEREFOR, AND MAKING A VIOLA- TION HEREOF A MISDEMEANOR AND PROVID- ING A PENALTY THEREFOR AND.REPEALING ORDINANCE NO. 182 NEW SERIES, AND ALE, ORDINANCES AND PARTS OF ORDINANCES IN CONflICT HEREWITH. BE IT ORDAiNED BY THE COUNCIL OF'THE CITY OF BAKERSFDELD,' SECTION 1. as follows: ~ ~ .. i~'~-~.:~.· . For the purpose of this ordinance· the foll6~'ng words and phrases shall have the meaning as in this. section set forth: (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 ordinance be held to mean and include any'room, place or space in which a public dance.as defined in subdivision (a) is conducted. (c) "KNOWN" when used in connection with the words "prostitute" or '~nale or female procu.rer" or '~agrant" shall for the purpose of this ordinance be held to mean and include known to the manager, owner, or lessee of the dance' hall, or to the person conducting a dance, or to the police or other authorities having to do with'the regulation or supervisions of public dance halls, or public dances, to be one of the persons named, or who ha~ such reputation or character,-or one who has pleaded guilty to or has been convicted or being a prostitute, male or female procurer'or vagrant, SECTION 2. SECTION SECTION . (d) "PERSC~" shall f·or the purpose Of this ordinance to mean ·and include, natural ·persons, co-partnerships, co~~-~ tions and associations and shall include both sexes· It. shall be unlawful to hold or conduct any·-public dance · as defined herein or maintain, operate or conduct ·a·-~b.lic dance hall .as defined herein, in any pu~llc dance hall within .the limits of the City o~ake~sfield, until the person owning or · conducting the dance hall, or· other place in which the same may be held, shall first have obtained·a written ·permit therefor aS hereinafter·provided. Applications for a permit to ke~p .and condu6~·a "public dance hall" shall be on forms supplied by the City Clerk and shall be substantially.as follows·: APPLICATION FOR PERMIT TO CONDUCT ~ 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 ~he event that this permit shall be issued that said dance hall shall be conducted in strict accord with the provisions of law reg~lating~ public dance halls, and the undersigned agrees that the per- mit is given and accepted subject to the provisions of this · application and that he shall be held responsible. for. viol'a- tion of any provision 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 and· conducting a public dance hall is hereby made. Signature of the Applicant. Post Office address of Applicant. 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 ~ity of Bakersfield for investigation·as to whether or .. nor' the place for which it is asked, a ·"public ·dance hail" SECTION 5. o~dinancesL. ·health' ~d ~Tpe ~e~lations applicabl.e is properly ·ventilated and supplied ·with separate and toilet conveniences for each· sex within ~he build~n~~ in which the dance is to be conducted and is a safe and ·prOper place for ~he purpose for which it shall be .used, the Chief of Police ~d Building inspector, each shall report' thereon'.at the next regular meet. ing of said Co~cil'. ~e Council sh~l thereupon, at its discretion, grant o~ refuse said. petit. All. peruits pro'vid~d for in this Ordinance sh~l be granted and accepted with the express .understandi~~~ agree- ment that the Council of the City of Bakersfield may revoke the s~e at any time if any of the tems o~ conditions of s~e have been violated or if the s~e was. obtained by fraudulent representations· or it is sho~ to the satisfaction of ~ Coun- cil that said dan.ce- or place is conducted· in 'an unlawful manner, or that s~e is detrimental ~.o ~he soc.ial peace or public morals or the comunity; 'provided~ however, that 'the ho-t.der of said petit may appear before the Council in his 'own behalf, 'but the Council· shall-be the JUdge of the sufficiency Of ~he charges,· or of what is detrimental to the social peace or public morals, and the decision of said Council thereon shall be final and CO nc lu s iv e. I~SECTION 6. All permits as provided herein shall be granted and accepted 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 7.. ApPlication for- a permit to .con.duct a "public dance" as defined herein shall be upon forms supplied by .the City~Clerk and shall be substantially as . follows: ..~.~ ~: .'~ APPLICATION FOR PERklIT TO C~NDUCT A PUBLIC DANCE. ~e undersigned hereby make~ application for a petit to give· a public d~.ce at , in the City of Bakersfield " fore the date of issuance of this pemit to and.including thee · day of l~ . It is hereby e~pres~sl~..~greed that "" ..... said dance shall be c~ucted in strict aCcord~ ~h the pro- ~sions of law radiating public dances, 'and: tH~Cersigned agrees that the pemit is given and accepted subject to'. She .Drov~ions .of this application and that he shall be held re- ..~.~:sponsible for any violation of any. p~ovisions of law or ordi- nance.re~lating any public dance. ~'. "' ~e .O~er or lessee of the premiseS. in which suc.h~ ~ces · are to be held is ..~? ( Nine ) ( 0 c cup.~ ion )' ( N~e ) ( Street ) ~' ~' ..... ' " .~..'~ ( Addre s s ~ ~ . SECTION 8. Upon receiving such application the Council shall .... ~' refer the 'same to the'Chief 8f Police for investigation aa to 'the moral character of the applicant and whether the proposed location is a suitable and proper place for conducting the sai~ public dance,. who shall report thereon at the next regular meeting of said Council. The Council ~hall thereupon at its'discretion grant or refuse said permit. SECTION 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 f~ in this ordinance be revoked by. said Council, no new permit.. shall. employee of such person at the time 'of any violation' of this ordinance, or at the time of the application for a new permit. '.. '..' -. "" "' -: ~.~. .... · . It shall be unlawful for any person to whom a public . .'. ..... '.~'.'-: dance. hall permit i8 issued, or for .any person cO.nduc. tim.~i:" public dance hall, under permit from the ....G~.~y of .Bakersfield,, or any person who is conducting any dance or d~ce hal.1 within the gity of Ba~sfield to allow or petit in any dance ~all any indecent ~ot to be co~itted, o~ any ~lg~ d~cing ~o be indulged in, o~ ~y disorder, o~ conduct .of a ~ross, vulgar o~ violent aha~aoter~ o~ to petit tn any such dance hall .any known prostitute, pimp. or. p~ocu~e~. Any member of the City Oouncil, Police Department or Public Welfare Commission, or other properly constituted author- ity, 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 a~y dance hall to be vacated whenever any provisions of this o~dinance, or of. any ordinance, regulation or'law concerning dance halls, has been or is being violated~ or whenever any ordinance, regulation or law of any character shall be violated;. or whenever any indecent act shall be committed, or any vulgar dance indulged in or when any disorder o~ 6onduct of a gross, violent or vulgar c'haracter shall take place therein, or any known prostitute, pimp or procurer shall be found to be present in such place. No person who is conducting a dance shall allow any alcoholic liquor to be'brought into any dance hall or room, or compartment adjoining or in the same building, or any out-building on the same premises, if under the control of the person conductinK the dance, nor allow or permit any person under the influence of liquor to remain at any dance.. No hea~ to head or ~h~ek'to 'Chic} eancing-.s~all-be .......... ".... permitted. -5- .~:~._".,.~...~,.: SECTSON 11. SECTION 12. SECTION 13.' It shall be unlawful to perknit any person, who has not reached the age of eighteen years to attend or "'~' or legal guardian of such person. It shall be..unlawfUl for. any person to represent himself or. herself to ha~.~ached the age of eighteen years in order to attend or remai~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 him- self or herself to have reached the age of eighteen years in order to attend or remain at any public dance, when such person in fact is under the age of eighteen. years, and it shall be unlaw- ful for any. person to falsely represent himself or'~elf to be a parent or legal guardian of any person in order that such per- son may attend or remain at any public dance. The fact that a person under the age of eighteen years secured admission t~ any such dance ~all under false representations as to.,age, or false representations that he or she was accompanied by a parent or guardian, shall be no defense to the person holdiBg such permit in a prosecution for violation of this ordinance,'~or that such person was admitted'by an~~employee. All dances shall be stopped and discontinued, and all public dance halls shall be closed at twelve o'clock Midnight, ¶ except when a special permit therefor has been granted b~ s'aid Chief of Police' of said City. No public dances shall be held on Sumday. It shall be unlawful for any known prostitute, male or female_D!p~rer, or vagrant, t'o. be present at any public dance or any public dance hall. .... .j . -8- SECTION· 1~',. The admission fee shall entitle any person paying the same to participate in all dancing, and no· separ6t~p.:or individual fee shall be charged or collected for partiCipatiOn'in any'indi- vidual dance. No pass-out or return checks shall be issued SECTION 15. and persons leaving the dance hall and its anterooms, shall not be re-admitted thereto except upon payment of regular admission ~-ee. .. · Every person who conducts a public dance hall or place w~:re dancing is permitted shall appoint some respectable woman not under thirty years of age who shall act as general chaperone. She shall be present at all times when said dance hall or' place.. is open to the' public and when a public dance· is being conducted therein. It shall be her duty to 'see that~ the provisions of this ordinance relating to the conduct o~ ·the persons attending said'dance hall are enforced. The persia so appointed shall be approved by the Chief of Police of said City, and he may revoke said approval. No public dance shall be conducted. without the presence of said chaperone. The compensation of such· chaperone shall--be paid by the personsConducting, owning SECTION 16. or managing such dance hall. It shall be unlawful to maintain or. conduct any public dance without paying therefore the license fee as fixed by this ordinance. The fee to be paid shall be as follows·: Public Dances ........ $ '15.00. per quarter Single Public ~aAc~s . ....... lO'.O0 each SECTION ~'~ I~ at any time the permit for ~ i~u'~blic dance hall shall -. be revoked for a violation of the provisions of this ordinance then in that event ·at another permit shall of such premiseS. least .t'hr. ee months shall elapse before be '~t~'=' to the .manag~ SECTION 18. or conducting a public dance in the City of Bakersfield to admit, .L.~ .or to allow to be admitted, persons of the male sex without the payment of an admission fee, the minimum of which shall. in ho ' event 6e' less than twenty-five ($0.28) cents. It .shall be unlawful for any person operating, managing~/.i:~.:~.--~.. SECTION 19. A public dance, the income of which over and above a sufficient sum tO pay the ·actual expenses of the dance is denoted to charity Shall be exempt from the payment of a license fee.. SECTION 20. If any section, subsection, sentence, clause or phrase this ordinance is for any reason held to be unconstitutional invalid, such decision shall not affect the remaining portion of 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 sec- tions, sub-sections, sentences, clauses or phrases be declared unconstitutional·or invalid. SECTION That Ordinanc'e No. 162 New Series~ regulating the busi- ness of conducting public dances,. and all other ordinances and' parts of ordinances'of the City of Bakersfield in conflict here- with are hereby expressly repealed. I HEREBY CERTIFY that the foregoing Ordinance was passed ' .and adopted by the Council of the City of Bakersfield on the l/~ day 'of~ , 1923, by .the following. vote: ' ' "Ayes--Amisdia, Baer, 'Carlisle, Carlock, Criffith, ll~,mxf,Yltl~. Stoner Noes .......~ ............... ................................................................ ':" "~b~ebt""~'~t'~'''''''~7=='''''~'''''':'~' ........ ' .'. - ....v~ ........ PROVED this' ~' day of' City Clerk and ex-officio Clerk of the · ,' '.-. j , ..~?~cil. of the City of B~ersfield. .. .. .:. . ....~;,.-8~-.-:,u~ - ,~.-.' ': .,.~;¥:.:~,~_.':...~ . :..- :.'.~.. ..: :' .'" . :. .......: ....