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HomeMy WebLinkAbout1053 - Dancing• STATE OF CALIFORNIA ) COUNTY OF ORANGE )j SS. I, .....-- Wme Wineeka------------- --- --------------- - - - - -- being first duly sworn and on oath, depose and say that I am the .. Advert U®. ing ... DTract ®r ... - --- ............... .. . . .. of the Newport Harbor News Press -DAILY PILOT, a news- paper of general circulation in the City of Newport Beach, County of Orange, State of California, and t hat - City ... Ordinanae - Number -- -105 - __ - -- -- of which the copy printed hereon is a true and com- plate copy, was printed and published in the regu- lar issue (s) of said newspaper on 9e- temb�x°__ ................. ........ .1-- .... - ............. ...... 196 -3---- Subscribed and sworn to before me this . -16t4 .......... day of -" temb�r.. ---------------------------------- 196 - - - -- -- - - -- -- - - - - -- (A�J' ------------------------------- .. Notary P ie n and for the County of Ora ge, S to of California :' - o� - ,J My Comm--. • 1;y emnl�3dibm Eu91rea SM 21, 1986 Commission expires ..--...-..._. .... :...._......- .- ..._........ STATE OF CALIFORNIA =� ' COUNTY OF ORANGE )SS- CITY OF NEWPORT BEACH ) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California do hereby certify that theforegoing ..Ordinance---------------------------------------------------------------------- No. .. J.03..... was duly and regularly adopted, passed and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ------ 10th...day, of ----- $epWmhQT.................................. f963--•- by the following vote: AYES: COUNCILMEN ..- Stoddard- Gruber- Cookf Hart; Marshall{ Elder NOES: COUNCILMEN None ABSENT: COUNCILMEN ..... ..Lorenz ....................... Dated this:- 2d... day of - - - - - ..DgtQ003: 19 63... . n city Clerk of }he City of Newport Beach, State of Califomia LEGAT, NOTICE (5) The establishment for which the permit was granted is frequented by Persons of ill repute such as Profession- al gamblers, prostitutes, or homosexuals. SECTION 1302. Appeal from Action Of City Manager. If an applicant is ag- grieved by any action or failure t0 act upon the part of the City Manager in IssYing, failing t0 Issue, suspending M to the to aY bWrz snap notify the apeftant in writing by registered mail of .the time and place set for hearing his appeal. The City Council at its next regular meeting 'held not less than live i5Y— days from the date On which such appeal shall have bean filed with the City Clerk shall hear the applicant, the City Manager, and all relevant evidence and shall determine Me merits of the appeal. The City Council may sustain, over, rule or modify the action of the City Manager and the decision of the City Council shall be final. The right to appeal to the City Council from the denial, suspension or revocation Of any Permit required by this Chapter shall terminate upon 1Jre e%piretton of fifteen (15) daYS W4bwing the deposit of a register d after in the United State. !;pisnCe ativising the applicant of. fa. an of the. City Manager and of his right to appeal such action to the City Council. SECTION 4308. Review by City Council. The City Council may, on Its. own motion, hold a hearing for the purpose of reviewing any action or failure to act upon the part of the City Manager in issuing, failing NO issue Su Pending er revoking any permit under this Chapter. The City Clerk shall cause Written no. tice of the time place and purpose of the hearing to be sent to Me applicant or Permiffee by registered mail M least five (5) days Prior to the date at for the hearing. After the conclusion Of the hearing the City Council may sustain, overrule or modify the action of the City Manager and the decision of the City Council shall be final. SECTION 4389. Dancing Prohibited It shall be unlawful for any person to dance in any establishment which does not hold a cafe dance Permit as required by this Chapter after, being ordered 10 refrain from dancing by the owner, lessee, manager or other Person in charge of such establishment or by any police officer. SECTION 4310. Other Licensee and Pees. Fees antl permits required by IN Chapter shall be in addition to an Tcense, Permit or fee required under an', other chapter of this Cade.,, SI :TION 2. This ortlinance shall be Pub', shed once In the official newspaper Of i e City, and the same shall be _ effective 30 days after the date of its adoption. This ordinance was Mfmtlucad at a regular meeting of the City Council of the City of Newport Beach held on Ilia 12th day of August, 1963, and was adopt- ed on the loth day of September, 1963, by the following vote, to wit: APES, COUNCILMEN: Stoddard, Gruber, Cook, Hart, Marshall, EIdW NOES, COUNCILMEN: None' ABSENT COUNCILMEN: Lorenz CHARLES E. HART - Mayor ATTEST: MARGERY SCHROUDER City Clerk Published Newport Harbor News- Press, Newport Beach, Calif., Sept. 16, 1963 89543 • ORDINANCE NO. 1053 IAN ORDINANCE OP THE CITY OF NEWPORT BEACH ADDING CHAP- TIER 3 TO ARTICLE IV OF THE NEWPORT BEACH MUNICIPAL 1- CODE RELATING TO DANCING The City Council of the City of New• Part Beach does ordain m follows: SECTION I. Chapter 3 IS added in Article IV of the Newport Beach Muni- - icipol Code to read: "ChaPier f DANCING SECTION 4300. Definitions. (a) Cafe Dance. Any Jance which is open fo the Public 'wiffaut i & pa6'alew of an admission fee which I, is conducted In a restaurant ci e, night club, bar, Coffee house, or ether place where bpd dr beverages are sold for consumption . c!3 the premises. (b) Dance Nail. A dance hall is a Plate Open to the public upon payment of an admlaslM fee where music is Provided and peoPle, are allowed fti dance. [li P. A dance which Is tad to those to far persons individually di Invited a antl far which an atlonducn chargtl charge is made, a dance conducc- pd by a acne tide a1hav church, so- de dory or assoc having an es- tabliaid membership when emb membership to aid dance is not open to the public hem public generally, but is limited to members and their guests. (0) Qty Manager. The Manager e Beach Of Me City of Newport Beach or his SECTION 01. Eentaftve. SECTION lea This n t a ly to ter shall not apply In dance halls er halls or Private dances tlermit . Required SECTION 4302, ter .allow Dance. person shall on erson hall Con altos e. proper a cafe it Banco on any any 'premises antler his out first manage• ye mint or control without first having ob- iHinetl permit from the City Manager .as hereinafter Provided, SECTION Dance door AOmit Minimum Size. Na cafe dance Permit I..a shad be issued for any establishment having Tess than the prescribed area sec aside and reserved exclusively for dancing, such area 20 be of dance space: arelusive 200 square teat Of dance floor where the seating- ca- re Pacify a not more than 50 Persons; 300 square feet of floor the where the seating capacity is not more -than S not persons (th 400 square feet of dance fl where the p rapidity is In "Ca levees. of 25 Persons; pravitletl, ever, that such permit may be arm sued Where less apace is available upon an affirmative the firstling by the City Manager ity Man er or by the City Council, the Case he may be, that the arse reserved etl ter danc- ve ing Me general seating Patrons f a and t of the patrons end the physical arrange. }s establishment in other 'that resp s respects Is such }r lesser space Provide Htleq Qqu818 YOpm for OaaC- in,. In9. SECTION .43D4. Application for Permit. Applications for cafe tlance permils .-- .... . shall be filed with the City Manager - -- on forms Supplied by the City, together 'with an application . fee of $25. The aPPIICOt1On shall be signed and verified - - by the applicant and shall contain such ^ - - information as may be deemed neces- - sarY by the City Manager. The City - Manager may require that the applicant be fingerprinted. - SECTION 430.5. Investigation and la- /'- ..ante of Permit. Upon receiving an - -' application for a cafe dance permit, - the City Manager shall cause an in, _ vesfigatiOn to be made of the applicant -- /. - and his employees and the place where ' ._. the cafe dance is to be held. If the _ City Manager determines that the appli- " -' cant and those persons associated with " - him in the conduct of the business are Of appd moral character, that the Place Where the cafe dance is in be presented 13 suitable for dancing, and that the growing of such pormif will not be detrimental to the public safety antl welfare, he shall Issue a nontransferable Permit for such cafe dance. If ihe City Manager determines that the tlma nat satisfy saitl require mints, he shall deny ihe application. If the application is den led, ihe SPOliCant shell be notlf'ad In writing of such denial and of his right of appeal to the City Council. Service of saitl notice may be made by Personal service or by registered mail. If service is made by mail, it shall be deemed complet, Upon deposit Of the latter in Me United State$ Post Office directed to the apply cant at his latest addresq, appearing r on the appluisfuna;- SECTION 4305. Revocation of Permit. The City Manager may revoke any Mrmli Issued. . under the provisions of n,- Chapter on any of the following ms: (1) The Permftcee- has ceased to meet any of the requirements for Is. 6u"c* m a permit. (2) The establishmefd for -which the Permit was issued is being ocer, ated In an Illegal Or disorderly manner. (3) Music or noise from the es- tablishment for the Which permit was issued Interferes with the peace and quiet W the neighborhood. (4) The Permlctee or any person associated with him as principal or vartner, or in a position or capacity WOlving total or partial Central Over 1 establishment for which the per I was Issued, has been convicted w I �crimtnal offense implying morel - -%de. (5) The establishment for which the permit was granted is frequented by Persons of ill repute such as Profession- al gamblers, prostitutes, or homosexuals. SECTION 1302. Appeal from Action Of City Manager. If an applicant is ag- grieved by any action or failure t0 act upon the part of the City Manager in IssYing, failing t0 Issue, suspending M to the to aY bWrz snap notify the apeftant in writing by registered mail of .the time and place set for hearing his appeal. The City Council at its next regular meeting 'held not less than live i5Y— days from the date On which such appeal shall have bean filed with the City Clerk shall hear the applicant, the City Manager, and all relevant evidence and shall determine Me merits of the appeal. The City Council may sustain, over, rule or modify the action of the City Manager and the decision of the City Council shall be final. The right to appeal to the City Council from the denial, suspension or revocation Of any Permit required by this Chapter shall terminate upon 1Jre e%piretton of fifteen (15) daYS W4bwing the deposit of a register d after in the United State. !;pisnCe ativising the applicant of. fa. an of the. City Manager and of his right to appeal such action to the City Council. SECTION 4308. Review by City Council. The City Council may, on Its. own motion, hold a hearing for the purpose of reviewing any action or failure to act upon the part of the City Manager in issuing, failing NO issue Su Pending er revoking any permit under this Chapter. The City Clerk shall cause Written no. tice of the time place and purpose of the hearing to be sent to Me applicant or Permiffee by registered mail M least five (5) days Prior to the date at for the hearing. After the conclusion Of the hearing the City Council may sustain, overrule or modify the action of the City Manager and the decision of the City Council shall be final. SECTION 4389. Dancing Prohibited It shall be unlawful for any person to dance in any establishment which does not hold a cafe dance Permit as required by this Chapter after, being ordered 10 refrain from dancing by the owner, lessee, manager or other Person in charge of such establishment or by any police officer. SECTION 4310. Other Licensee and Pees. Fees antl permits required by IN Chapter shall be in addition to an Tcense, Permit or fee required under an', other chapter of this Cade.,, SI :TION 2. This ortlinance shall be Pub', shed once In the official newspaper Of i e City, and the same shall be _ effective 30 days after the date of its adoption. This ordinance was Mfmtlucad at a regular meeting of the City Council of the City of Newport Beach held on Ilia 12th day of August, 1963, and was adopt- ed on the loth day of September, 1963, by the following vote, to wit: APES, COUNCILMEN: Stoddard, Gruber, Cook, Hart, Marshall, EIdW NOES, COUNCILMEN: None' ABSENT COUNCILMEN: Lorenz CHARLES E. HART - Mayor ATTEST: MARGERY SCHROUDER City Clerk Published Newport Harbor News- Press, Newport Beach, Calif., Sept. 16, 1963 89543 •