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: ~ ~
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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.
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It shall be unlawful for any person to whom a public
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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.
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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. ....
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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.
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