Loading...
HomeMy WebLinkAboutORD NO 569 0RDINA]'CE N0 .~'~ NEW Sr~RIZS AN ORDIEvANCE i{IJGULLTING ~JBLIC DANCES Ai~ ~BLIC DANCE HALLS ai~D r~EQUIRING ER}TITS THr~}~EFOR, AND I'.~i~IE'G A VIOL~TION I~!'i~EOF A MISDER~ANOR A1~ PROVID- ING ~ P~NALTY T~{ER~.'FOR, A~ ~.EPi~LII"G O~.~DIEANCE N0. 171 E~I SERIES AI~ ALL 01~DIi'k~'CES ALL]'.NDATORY 0F, A~,TD ALL Oi{DIhAI~CES 0i~[ P~{Tb 0~,' 01~k~II~XANCP, b IN COI~LICT BE IT ORDAIED BY TI-~'. COUNCIL OF Ti~JE,~ CITY 05' BAF,~J~RSi='IELD, as follov~s: SECTION 1. For the purpose of this ordinance the follov.~ing v~ords and phrases s]~all have the r.~eaning ~s 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 ~.~.LL" shall for the purpose of this ordin- ance be' held to mean and include any room, place or space in ~...,ldch a public ~-ance as defined in subdivision (a) is conducted. (c) "I~NOWN" ~vhen used in connection with the ~:o~.~d.s "prostitute" or ~'male or female procurer'~ or "vagrant" 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 tho person conducting a dance, or to the police or other authorities having to do with the regulation or supervision of public dance balls, or public dances, to be one of the persons named, or ~;,~ho has such reputation or dharacter, or one who has pleaded guilty to or has been convicted of being a prostitue, male or female procurer, or vagrant. (d) "PErgamON'~ shall for the purpose of this ordinance be held to mean and include, natural persons, co-partnerships, corporstions and associations and shall include both sexes. SECTION 2. It shall be unlav.~ful to hold or conduct aDy public dance -1- as defined herein or maintain, operate or conduct a public dance hall as defined herein, 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 same may be held, shall first have obtained a written permit therefor as herelnafter provided. SECTION 3. Applications for a permit to keep and conduct 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 a~A 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 express- ly agreed that in the event that this permit shall be issued~at 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 application and that he shall be held responsible for violation of any provision of law or ordinance regulat- ing 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 keep- ing and conducting a public dance hall is hereby made. Signature of the Applicant. BECTION 4. Post Office Address of Applicant. Upon receiving such application the City Manager 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 Bakersfield for investigation as to whether or not the place for which it is asked a "public dance hall" permit be given, complies ~.fith and conforms to all laws, ordinances, health and fire regulations a.pplicable thereto and is properly ventilated and supplied ~Tith separate and sufficient toilet conveniences for each sex ~ithin the building in which the dance is to be conducted, and is a safe and proper place for the purpose for which it shall be used, the Chief of Police and Building Inspector to report thereon immedis. tely. The City'Eanager shall thereupon, at his discretion, grant or refuse said per~it. SECTION 5. All permits provided for in'this ordinance shall be granted and accepted with the express understandihg and agreement that the Council of the City of~Sakersfield may revoke the same at any'time if any of the terms or conditions of same have been violated or if the same ~as 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 comnmnity; provided, however, that the holder of said permit may appea~ before the Council in his own behalf, but the Council'shall be the-Judge of the sufficiency of the charges, of of what is detrimental to the social peace or public morals, and. the decision of said Council thereon shall be final and conclusive. SECTION 6. Zll 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 ordi~ance, as the same now is or may hereafter ~e amended, shall oe fully complied with. SE¢"£ION 7. ~pplication for a permit to cornduct a "public dance:~ as defined herein shall be upon forms supplied by the City Clerk and shall be substantially s s fQllows: APPLICATION FOR PErmIT T0 CONDUCT A PUBLIC DANCE. ............. , 19___. -3- 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 ~.ay of , 19__. It is hereby expressly agreed that said dance shall 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 v~hich such dances are to be held is .......... ......... ' '~Street) SECTION 8. (Name) (Address) Upon receiving such application the City }?,anager 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 dance, ~.~ho shall report thereon immediately. City City Manager shall thereupon, at his discretion, grant or refuse sai~ per,'~it. SECTIOi.r 9. ~ll 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 peryits as provided for in this ordinance be revoked by said Council, no ne~= 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 ordinance, or at t~ time of the application for a ne~ permit. S~;CTION lO. It shall be unla~ful foA any person to whom a public dance SECTION 11. hall permit is issued, or for any person conducting a public dance hall, und. er permit from the City of Bakersfield, or any person who is conducting any dance or 8a. nce hall '~,.rithin the City of Bakersfield .to allow or permit in any dance hall any indecent act to be committed, or any vulgar danci.ng 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. Lnymember of the City Council, Police Department or Pu~lic Uelfare Commission, or other properly constituted authority, shall be admitted free of charge to any public dance hall in said City, and the~.r shall have the pov.~r and it shall be the duty of each of them to cause any dance hall to be vacated whenever any provisions of this ordinance, or of any ordinance, regulation or law concerning dance halls, has been or is belrng violated; or ~henever any ordinance, regulation or law of any character shall be violated; or whenever any indecent act shall be co.mmitted, or any vulgar dance indulged in or ~hen 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 who is conducting a dance shall allow any alcoholic liquor to be brought into any dance b. all 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 conducting the dance~ nor allow or permit any person u~der the ii?luence of liquor to remain at any No head to head or cheek to cheek dancing shall be permitted. It shall be unlawful to permit any person ~vho has not reached the age of eighteen years to attend or remain at any public dance unless such person be accompanied by the parent or legal guardian of such person. It shall be unlav;ful 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 person in fact is under eighteen years of age, and it shall be unlawful for any person to falsely represent himself 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 unlawful for any person to falsely represent himself or her- self to be a parent or legal guardian of any person in order that such person may attend 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 to age, or false representa- tions that he or she was accompanied by a parent or guardian, shall be no defense to the person holding such permit in a prosecution for vio- lation of this ordinance, nor that such person was admitted by an employee. SECTION 12. All dances shall be stopped and discontinued, and all public dance halls shall be closed at 1 o'clock A. M., except when a special permit therefor has been granted by said Chief of Police of said City. No public dances shall be held on Sunday except that dances conducted on Saturday or Saturday evening may remain open until 1 o'clock on Sunday morning. SECTION 13. It shall be unlawful for any known prostitute, male or female procurer, or vagrant, to be present at any public dance or any public dance hall. SECTION 14. Every person who conducts a public dance hall or place where dancing is permitted shall at all times maintain and keep a police officer of the police force of the City of Bakersfield, who 'shall be present at all times when said dance hall or place is opened to the public and when a public dance is being conducted therein. It shall be said officer's duty to see that the provisions Of this ordinance, relating to the conduct of the persons attending said dance hall, are enforced. The police officer shall be named and appointed by the Chief of Police of the City of Bakersfield, and no public dance shall be conducted without the presence of said police officer. The compensation of such officer shall be paid by the person conducting, ov,'ning or managing said dance hall. SECT ION 15. It shall be unlav~ful to m. aintain 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 Pu:~lic Dances .............. $10.00 each. SECTION 16. If at any time the permit for a public dance hall shall be revoked for a violation of the provisions of this ordinance, then' in that event at least three months shall elapse before another permit shall be granted to the manager, owner, or lessee of such premises. SECTION 17. It shall be unlawful for any person operating, managing or conducting a public dance in the City of Bakersfield to admit, or to allow to be admitted, persons of the male sex without the payment of an admission fee, the minimum of which shall in no event be less than twenty-five ($.25) cents. SECTION 18. A public dance, the income of which over and above a sufficient sum to pay the actual expenses of the dance is donated to charity shall be exempt from the payment of a license fee. SECTION 19. If any section, subsection, sentence, clause or phrase ~f this ordinance is for any reason held ~o be unconstitutional or invalid, such decision shall not affect the remainint portion of this ordinance. The City Council hereby declares that it v~ould 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 unconstitutional -7- or invalid. SECTION 20. That Ordinance NO. 171 New Series, regulating the and all ordinances or parts business of conducting public dances, of ordinances amendatory thereof, or in conflict herewith, be and the same are hereby expressly repealed. --- 0:.-',0- I EREBY CERTIFY that the foregoing 0rcinance was passed and adopted by the Council of the City of Bakersfield, on the~day of __~_, 1940, by the following vote: RyESsBODEN,MARWIADUKE,WIoWIELL. R'N,NOI~IIZS'SMfTIt'SOLLEIII"WTLSOH NOES,. ~ ABSENT _ ---- ~ty Cler E 0 erk of the Council of the City of Bakersfield. APPROV. ' this ~ day of ~1940. of Ios ng (OrMnanres STATE OF CALIFORNIAt County of Kern ~ ss. V. ~:AN RIPER, being duly sworn, deposes and says: and that ..... 9 on the Bulletin Board at the at a i r .. . was numbered.....~....~...7. ......... New Series, and entitled: AN ORDINANCE REGULATING PUBLIC DANCES AND PUBLIC DANCE HALLS AND REQUIRING PERMITS THEREFOR, AND MAKING A VIOLATIOI~. HEREOF A MISDEMEANOR AND. PROVID- ING A PENALTY THEREFOR, AND REPEALING ORDINANCE NO. 171 NEW SERIES AND ALL ORDINANCES AMENDATORY THEHE- OF, AND ALL ORDINANCES OR PARTS OF ORDINANCES IN C01~FLICT HEREWITH. S~!~,~ribed and sworn to before me this Not~ry~Public in and for the County ~~~'~"' · "State of California.