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HomeMy WebLinkAbout1366ORDINANCE NO. l oL6 AN ORDINANCE to control, license, end regulate the conduct of Public Dance Halls and Public Dances operated or maintained in connection with any business or at any place where intoxicating liquor is sold or served, prescribing penalty for the violation thereof and specifying minimum floor space. WHEREAS, the State of Washington has made ]awful the sale of intoxicating liquor in hotels, restaurants, cafes, taverns and other public places and have permitted the consumption of such intoxicating liquor in such places, and WHEREAS, the conduct of public dances therein constitutes a problem to the peace, health and safety of the people of Port Angeles, and it is necessary that the same be regulated and not permitted without control and with a minimum of specified floor space. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANCET S DO ORDAIN as follows: Section 1: That the term intoxicating liquor shall include wine, beer, whisky, gin, brandy and all other liquors or beverages having an alcoholic content and which are fit for beverage purposes. Section 2: The term public dance hall as used herein is defined to be any room., place or space, excepting a private resi- dence or home, where dancing is permitted or carried on, and the term public dance as used herein is defined to be any dance not held or given in a private home or residence. Section 3: It shall be unlawful for any person, firm or corporation subsequent to "�" /� /Q S-6 to carry on, maintain or conduct any public dance hall or public dance as hereinbefore defined at any place or in connection with any business wherein intoxicating liquor is sold or served, save in accordance with the terms and conditions of this ordinance and after obtaining a license therefor as provided in this ordinance. Section: No license issued under this ordinance shall authorize the conducting, operating or carrying on of the licensed business save at a single location and upon single premises in the license described, nor shall any license for dancing be granted to any establishment where the sale of liquor exceeds the sale of food unless a minimum of Four Hundred (1..00) square feet of floor space be provided for dancing and unless seating capacity is provided for patrons not dancing and said premises complies with the require- ments of the State of Washington. Section 5: No license issued under this ordinance shall be assignable or transferable. Section 6: It is specifically ordained that licenses shall not be required and this ordinance shall not apply where dancing is conducted in a bona fide club. The term club as used herein is defined as meaning and including those which are the mrners, lessees or occupants of premises occupied solely for objects of social, national, fraternal, patriotic or athletic nature, member- ship in which is by application and for which regular dues are charged and the advantages of which said club belong to all members and the operation of which is not primarily for pecuniary gain. Section 7: No operator of any public dance shall knowingly permit any patron, customer or visitor to bring, carry or transport into any room, place or space where dancing is permitted under the terms of this ordinance and during the hours when dancing is actually conducted or carried on therein any bottle or other con- tainer containing any intoxicating liquor, and it shall be unlawful to sell, serve, give away or distribute in bottles any intoxicating liquor other than beer and wine. Section 8: There shall be issued by the City of Port Angeles for the licensing purposes of this ordinance on premises or estab- lishment whereon or wherein any public dance hall or public dance is conducted crr maintained five (5) classes of licenses as follows: (1) Class A License shall be required where there is daily or nightly dancing and where the sale of intoxicating liquor exceeds the sale of food. (2) Class B License shall be required where there is a daily or nightly dance and where the sale of food exceeds the sale of intoxicating liquor. (3) Class C License shall be required where there is dancing not exceeding three days or nights in any calendar week and the sale of liquor exceeds the sale of food. (4) Class D License shall be required where there is dancing not to exceed three days or nights in any calendar week and the sale of food exceeds the sale of liquor. (5) Class E License shall be required where dancing is not regularly conducted but only occurs occasionally by special arrange- ment. Section 9: All applications for licenses to be issued hereunder shall be filed with the City Clerk of the City of Port Angeles and shall be accompanied by an investigation fee in the sum of Five Dollars ($5.00). In the event the license be granted this sum shall be applied on the first license fee payable. In the event such license be denied said license fee shall become the property of the City of Port Angeles. Section 10: All applications for licenses to be issued hereunder shall be in writing in duplicate and shall contain the following information: Name of the applicant and whether the applicant is a corporation, co- partnership, association or indivi- dual, and if the applicant is a co- partnership, corporation or association the name of all partners, directors or trustees. The class of license desired. The address of the particular place for which the license is desired. The name of the person to have direct management of the premises. The post office address of all persons interested in said application. Present business or occupation of the applicant. Period of residence of the applicant in the City of Port Angeles. The name of the owner of the premises upon which business licensedis to be carried upon. Whether or not the appli- cant or any person named therein has ever been convicted of any violation of any of the laws relating to the sale or use of intox- icating liquor or dance halls. Section 11: Immediately upon the receipt of any application for license under the terms of this ordinance, one copy of such -3- 1 application shall be delivered to the Chief of Police, who shall proceed to investigate the matters set forth in such application; the character of the applicant; the character of the persons to have direct management of the premises; the character of the premises proposed to be licensed; the propriety of the use of such premises for the conduct of the business proposed to be licensed, and any other matters relative to the granting of an application at the address of said premises. Section 12: Within ten (10) days after the receipt of such application the Chief of Police shall file with the Clerk or City Manager a report concerning the results of such investigation, and the City Manager shall transmit such report to the City Council at the next regular meeting. Section 13: The City Council shall thereupon consider the same, and, if said premises have been approved by the State authority, allow or disallow the license applied for. It being specifically ordained that the City Council shall have the power to deny any application, if it is determined that the applicant or the person having the direct management of the premises is not a suitable person to carry on the business for which the license is sought, or if the premises proposed to be used in the conduct of the business to be licensed shall be deemed not suitable or a proper place therefor, or if the protests and objections of private residents in the immediate vicinity of the premises to be licensed, or if the health, welfare or public murals of the community warrants such denial. Section 11: If the Council shall allow the license applied for, the City Clerk shall immediately notify the applicant and the license on said premises shall forthwith be issued upon the payment of the license fees herein provided. Section 15: The fees for licenses issued pursuant to the terms of this ordinance shall be payable in advance for the several types or classes or licenses herein provided for. Said fees to be as follows: For'Class A License the sum of $240.00 per year. For Class B License the sum of $ 60.00 per year. For Class C License the sum of $120.00 per year. For Class D License the sum of 60.00 per year. For Class E License the sum of $ 10.00 per dance. Section 16: The Chief of Police of the City of Port Angeles is hereby authorized to suspend temporarily any license issued under the provisions of this ordinance in the event that any public dance hall or public dance licensed thereby is being conducted in violation of any laws of the State of Washington or ordinance, and upon such suspension said Chief of Police shall file written charges with the City Clerk, which shall be submitted to the City Council at its next regular meeting first had after such suspension and the City Council shall have the power, by resolution, to revoke such suspension or to suspend said license for such further period as they may deem proper or to revoke and annul such license. Section 17: In the event that any licenseeshall desire to change the individual designated in the license as the person to have direct management of the licensed ggemises, he shall forth- with notify the City Clerk and Chief of Police, proposing the name of the person sought to be substituted in the management and control of the licensed premises, and the person so proposed shall be investigated in the same manner as applicants for licenses, and in the event he is not of a satisfactory character the license may be revoked or suspended pending the proposal of some other person of satisfactory character. Section 18: It shall be unlawful for the owner, proprieter, manager, or person in charge of any place licensed under the provi- sions of this ordinance, or for any employee of such place to harbor, admit, receive or permit to be on, or remain in or about such place during hours when dancing is actually being carried on, conducted or permitted, any person under the age of twenty -one (21) years, unless such person is accompanied by his or her parent, -5- spouse, or legal guardian; provided, however, that the foregoing provisions shall not prohibit the entry of such persons into any dining room located in or upon premises occupied by a hotel, motel or inn and actually maintained and operated'as a bona fide part of such hotel business. It shall be unlawful for any person under the age of twenty - one (21) years falsely to represent himself or herself as being of the age of twenty -one years or more for the purpose of obtaining admission to any premises licensed under the provisions of this ordinance. It shall be unlawful for the owner, proprieter, manager or person in charge of any place licensed under the provisions of this ordinance, or for any enployee of such place to harbor, admit, or permit to be on or remain in or about such place, any drunken or boisterous person, or any person whose presence or conduct tends to corrupt the morals of other persons present, or whose presence or conduct tends to create a violation of any of the provisions of this ordinance. Section 19: All places licensed under the provisions of this ordinance shall be adequately lighted during the hours such places are open for business and entertaining patrons. Section 20: It shall be unlawful for any licensee to employ any female unless such female shall have a permit from the Chief of Police of the City of Port Angeles authorizing such employ- ment, and it shall be unlawful for any licensee to permit any female employed in or about any premises licensed under this ordinance to drink with any patrons or to compensate any female employeed in or about the licensed premises at a rate determined by a percentage of the sale made or to permit any female so employed to be so compensated. Section 21: It shall be unlawful to provide or permit any music, dancing or entertainment in or about any premises licensed under the provisions of this ordinance after the hour of 1 :00 -6- J o'clock A.M. and before 11 :00 o'clock A.M. Section 22: Any person violating any provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed the sum of or by imprisonment in the City Jail not to exceed days or by both such fine and imprisonment. Section 23: Every person shall be deemed guilty of a separate offense for every day during any portion of which a violation of or a failure, neglect or refusal to comply with any of the provisions of this ordinance is committed, continued or permitted. INTRODUCED: PASSED: itit h 1, , 1956. /06W/ , 1956. APPROVED and SIGNED BY THE MAYOR: ATTEST:- = - - Cily Clerk Approved as to form: City Attorn PUBLISHEV: XaAdkitg, , 1956. -7- 1956. •