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HomeMy WebLinkAboutOrdinance #2668 ORDINANCE NO. 2668 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 5. 28. 010, 5. 28. 090 AND 5. 28. 160; BY AMENDING SECTIONS 5. 28. 020, 5. 28. 060 THROUGH 5. 28. 080, 5.28. 140 THROUGH 5.-28. 180; AND ADDING SECTIONS 5. 28. 010, 5. 28. 011 THROUGH 5. 28. 013 , 5. 28. o65, 5. 28. 145, 5 . 28. 16o , AND SECTIONS 5. 28. 182 THROUGH 5. 28. 188, ALL RELATING TO DANCE HALLS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Sections 5. 28. 010, 5, 28. 090 and 5. 28. 160 of the Huntington Beach Municipal Code are hereby repealed. SECTION 2. The Huntington Beach Municipal Code is hereby amended by amending sections 5.28. 020, 5. 28. 060 through 5. 28. 080, 5. 28. 140 through 5, 28. 180 to read as follows: 5. 28. 020 Hours. No person maintaining or currying on a public dance hall, or having charge or control thereof, or em- ployed in and about the same, shall hold, conduct or carry on, or cause or permit to be held, conducted or carried on any dance or dancing in any such public dance hall and/or dancing pavilion in this city between the hours of l a.m. of any day and 7 a.m. of the same day except upon special permission in writing, signed by the chief of police. In determining whether to allow dances outside the hours specified herein, the chief shall consider: (a) the health, safety, and welfare of persons attending; (b ) the peace, quiet and safety of persons and uses of property in the surrounding area; and (c ) whether the proposed hours are in conformance with applicable laws, ordinances, and land use per- mits . 5. 28, 050 Proprietor allowing children inside. No person conducting, maintaining or carrying on a public dance hall, or having charge or control thereof, shall permit to be admitted to such public dance hall, or to dance therein, any minor under the age of fifteen years at any time while a dance or dancing is in progress or being held, conducted or carried on therein, unless the minor is accompanied and under the care at all times while in RCS :ahb 1/13/84 1. said dance hall of its parent or parents or legal guardian. 5. 28, 060 Children under fifteen. It is unlawful for any minor under the age of fifteen years to enter, or to be or remain in any public dance hall in this city at any time when a dance or dancing is in progress or being held, conducted or car- ried on therein, or to dance therein, unless the minor is accom- panied- and under the care at all times while in the dance hall of his parent or parents or guardian. Any person attending a dance shall furnish acceptable proof of identity and age upon request, 5. 28. 070 Allowing disorderly persons It is unlawful for any person maintaining, conducting or carrying on any public dance hall or public dance or having charge or control thereof, or for anyperson employed in .and about the same, to allow or per- mit any intoxicated or disorderly person, as defined in California Penal Code subsections 647(a) , (b) , (c) , (d) , (f) and (ff) , to enter, be or remain, or to dance at a public dance hall or dance, or to permit possession or consumption of any controlled substance, as defined in the Health and Safety Code, at any dance. 5. 2`8. 080 Persons to maintain decorum. No person, as princi- pal, agent , or otherwise, carrying on, maintaining or conducting a public dance hall or public dance in this city shall _permit any person or persons to indulge in ,any act which injures the per- son or property of another, or which disturbs or endangers the public peace or health, or which outrages public decency in such public dance hall or in any of the hallways leading thereto. 5.28. 140 Permit--Revocation for violation. In the event that any person holding .a permit to conduct a public dance hall or public dance shall violate or cause or permit to be violated any condition of such permit , or any provision of this chapter, or shall conduct such public dance hall or dance, or otherwise cause or permit the same to be conducted in an illegal, disorderly or improper manner, such permit may be revoked by the chief of police in the manner hereinafter provided, and such revocation shall be in addition to the other penalties provided for a vio- lation of any of the provisions of this code. Said notice to to revoke may be issued whether or not the dance has been held. 5. 28. 150 Hearing--Notice service. Upon receipt of the no- tice of appeal the city administrator, or his designee, shall set the matter for hearing. Notice of hearing shall be in writing and served at least five days prior to the date of such hearing upon the appellant. 5. 28.170 Notice--Personal service. Any notice shall be 2. served by delivering the same personally to the holder of such permit, or to his or its manager or agent, or person in charge of such public dance hall, or dance, or the person in charge of the office or residence of permittee, listed in the application, if any of them can be found. 5. 28.'18o Notice--Mail service . If the holder of such permit, or such manager., agent or person in charge of such pub- lic dance hall or dance, or the office of permittee cannot after due diligence be found in this city, and personal service of such notice cannot be made:-in this city, then a copy of such notice shall be mailed postage prepaid,, addressed to the holder of such permit at his place of business or residence, if known, at least five days -prior to the date of such hearing, and if not known, then a copy of such noticeshall be posted in a conspicuous place on the premises, where the dance is to be conducted. 5. 28. 200 Violation'--Permit revocation. Upon such convic- tion, any permit which may have been granted to such person to conduct , maintain or carry on any public dance hall, or dance, shall be rendered void ipso facto, and shall be revoked as here- inbefore provided. SECTION •3. The Huntington Beach Municipal Code is hereby amended by adding thereto sections 5,28. 010, 5. 28. 011 through 5. 28.013, 5. 28. 065, 5. 28. 145, 5. 28. 16o, 5. 28. 1825' - 5. 28. 184, 5. 28..186 and 5. 28. 188 .to read as follows: 5. 28. 010 Permit required. No person shall maintain, conduct , manage or operate a public dance hall or public dance within the city of Huntington Beach without a permit issued pur- suant to the provisions of this chapter. A public dance permit shall be valid only for the dance or dances enumerated therein and shall not be transferable. 5. 28. 011 Application. Any person or entity desiring to obtain a permit to operate or conduct a public dance hall or public dance shall make application to the chief of police and pay the fee established by resolution of the city council. Such application shall be on a form approved by the city and shall be filed at least thirty (30) days prior to the proposed dance. 5. 28. 012 Issuance of permit. Upon completion- of investi- gation, the chief of police shall grant the permit . if he finds that : (a) The required fee has been paid. (b) The application conforms in all respects to the pro- 3. visions of this chapter. (c) The applicant has not knowingly made a material mis- representation in the application. (d) The applicant , if an individual, or any of the stock- holders of the corporation, any officers or directors, if the ap- plicant is a corporation, or any of the partners, including lim- ited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense in- volving conduct which requires registration under California Penal Code section 290, or of conduct violating Penal Code sections 314, 315, 316, 318, 647(a) , 647(b) and 647(h) , or convicted of an at- tempt to commit any of the above-mentioned offenses, or convicted in any state of any offense which if committed or attempted in this state, would have been punishable as one or more of the above- mentioned offenses, or any crime involving moral turpitude. (e) Applicant , or any ;of its owners, partners, officers or directors has not had a public dance hall or public dance permit or similar license or permit issued by this city denied or re- voked within five (5) years prior to application. (f) The proposed dance hall or public dance would comply with all applicable laws, including but not limited to, health, zoning, fire and safety requirements and standards . Prior to granting a permit, the chief shall obtain a certificate from the director of development services certifying that the proposed use is in compliance with the land use and zoning provisions of the applicable municipal and ordinance codes. : In the event that land use and/or zoning approvals are required, they shall be obtained prior to issuance of a permit. (g) Applicant -is at least eighteen (18) years of age. (h) The applicant possesses good moral character and is a proper person to conduct such a business . 5. 28.013 Denial of permit . If the chief of police, fol- lowing investigation of the applicant, finds that the applicant does not fulfill the requirements of this chapter, he shall no- tify the applicant in writing within thirty (30) days after re- ceipt of the application. However, failure to notify the appli- cant shall not constitute a basis for granting the permit. The applicant shall have ten (10) days after notification of denial is mailed to appeal ,such denial to the city administrator, pur- suant to the provisions of this chapter. 5. 28. 065 Curfew except'ion. - While attending -any dance per i 4. mitted under this chapter and for one-half hour thereafter, with proof of attendance at such dance, a minor shall be excepted from the curfew provision contained in section 9 . 68. 010 of this code. 5. 28. 145 Procedure for revocation. If the chief of po- lice determines any permit should be revoked, he shall forth- with notify the permittee in accordance with sections 5. 28. 170 and 5 . 28. 180 of this chapter. A notice of revocation shall suspend the operation of any permit or license issued hereunder. The permittee may appeal the revocation to the city administra- tor provided a written notice of .appeal has been filed within five -(5) days after service of the notice of revocation. 5. 28.160 Emergency a peals . Where a dance has been sched- uled within five 5 days after revocation, the permittee may waive time and, if feasible, have an immediate hearing before the city administrator, or his designee. 5.28. 182 Appeal procedure Any person aggrieved by denial of an application may file a written appeal from such denial within ten (10) days with the city administrator. The notice of appeal shall specify the subject matter of the appeal, the date of application, the date of denial, the basis for appeal, and the name and address of appellant . 5.28. 184 Hearing before city administrator. A hearing shall be held within a reasonable time before the city adminis- trator or his designee. The appellant shall be notified of the hearing by notice sent by mail at least ten (10) days before the hearing to the appellant at the address set forth in the notice of appeal. The city administrator may sustain, modify, or overrule the decision of the chief of police, based upon the criteria set forth in this chapter for issuance or denial of the permit sought. 5.28. 186 Appeal. Any person aggrieved by a decision of the city administrator may appeal to the city council within ten (10) days ; provided, however, that any decision ,revoking a permit shall suspend the permit pending appeal or until further order of the city council, and no dance may be held under such revoked permit. 5.28. 188 Violation--Denial of subsequent application. Any violation of this chapter and/or the terms and conditions of a . permit granted hereunder shall constitute grounds for denial of any subsequent application for a permit for a dance to be held within one (1) year of such violation. SECTION 4. This ordinance shall become effective thirty days I 5. after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of February 1984. .�-5 A-A yor ATTEST: APPROVED ASTO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Chief of olice 6. Ord. No. 2668 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 'City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 16th day of January 19 84 , and was again read to said City Council at a regular meeting thereof held on the 6th day of February 19 84 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: Pattinson City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California if, yid,' too CITY CLERK of the City of NW, lno and ox•officlo Clark of the City Coupol',,ft he:eby corttfy that a synopsis of this ' ord0iorrc-o a„: br:Oc pul; hed Ih tho Huntington to p' � In eCcoKanea with tics C'''O, Chtcrt„ of saki City. ALICIA M. WENTWORTH ...........`.............City Clerk ...................... ... ..........,...•�pvty City Clerk