O 242 C.S.
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ORDINANCE NO. 242 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING CHAPTER 3 OF TITLE 5 OF THE ARROYO
GRANDE MUNICIPAL CODE TO REGULATE THE ISSUANCE
OF PERMITS FOR DANCES AND PUBLIC ENTERTAINMENT
ACTIVITIES WITHIN SAID CITY
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECTI ON 1: That Chapter 3 of Title 5 of the Arroyo Gr~nde
Municipal Code is amended to read as follows:
Section 5-3.01. Definitions. I
For the purposes of this chapter, unless otherwise apparent from
the context, certain words and phrases used in this chapter are defined
as fol lows:
(a) "Pub} ic dance" shall mean a gathering of persons in or upon any
premises where dancing is participated in as the main purpose for such
gathering and to which premises the public is admitted.
i (b) "Public dance hall" shall mean a place where dancing is
I conducted for profit and/or to which the public is admitted, whether with
or without charge.
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I (c) "Private dance" shall mean a gathering of persons in or upon any
I premises, except a privete res i'dence , where dancing is participated in
I either as the main purpose for such gathering or incidental to said gathering
in connection with a reception or social gathering.
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I (d) "Public entertainment activity" shall mean any music concert,
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, music festi'val, rock conce r t , rock festivaJ, dance or combination thereof
i attended by over 50 persons where admission is allowed for a charge, donation
or other consideration.
Section 5-3.02. Permit: Required.
It shal} be unlawful for any person to conduct or assist in conducting
any private dance where the attendance exceeds 50 persons, public dance,
public dance hall, or public entertainment activity in the City without first
having obtained a written permit to do so from the Council.
Section 5-3.03. Permit: Application.
The permit required by the provisipns of Section 5-3.02 of this chapter
shall be issued only upon the written application of the applicant. Such
application shall set forth the'following information:
(a) The name and residence address of the applicant or applicants;
if the appl icant shall be a ,firm, association, or corporation, the names and I
residence addresses of the persons constituting the name or names and
residence addresses of the officers and directors of the same;
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(b) The specific place for which the permit is des.ired or in which I
any dance, dances or public entertainment activity are to be held; and I
(c) The number and date of the dance, dances, or public entertainment
activity to be held pursuant to such permit.
Section 5-3.04. Permit: Issuance and denial. 1
(a) Permits shall be issued by the Finance Office following :approval )
by the City Council.
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I (b) Prior to the granting of a permit under the provisions Qf this
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I chapter, the Chief of Police shall review the application and make
recommendations to the City Council regarding the need for security officers
who shall be security officers or security guards licensed by the State of
California and employed by a company holding a valid city business license
or off-duty sworn police officers. The Chief of Police shall also make
recommendations to the City Council regardJlng the I imi t of tickets that
may be distributed by the permittee or public entertainment activity.
(c) If conditions are imposed or security is required, the applicant
shall furnish proof to the Finance Office that all conditions have been met
before a permit may be issued.
(d) No permit ~hall be approved by the City Council pursuant to the
[ provisions of this chapter until the Council shall be satisfied that the
conduct of such dance, dance hall, or public entertainment activity will not
interfere with the public welfare, and for that purpose the Council may
consider any fact or evidence bearing on the place where the proposed dance,
public dance hall, or public entertainment activity is to be located or
bearing upon the character and moral fitness of the persons conducting or
assisting in the conducting of such dance, public dance hall, or public
entertainment activity.
Section 5-3.05. License Fee.
The license fee for'public dances shall be five ($5.00) dollars per
dance or fifty ($50.00) dollars per quarter. The license fee for public
entertainment activities ~hal1 be one hundred ($100.00) dollars for such
activity. The Council may waive said license fee for any dance or public
entertainment activity by an organization or individual, the main purpose of
which is to raise funds for charity.
Section 5-3.06. Suspension and Revocation.
The Chief of Police may suspend the operation of, and close, any public
entertainment activity prior to the expiration of a permit granted therefor
because of the violation of any provisions of this chapter or any conditions
of said permit.
Any permit issued pursuant to the provisions of this chapter may at
any time be revoked by the Council when, in the opinion of the Council,
the conduct of such dance, public dance hall, or public entertainment activity
interferes with the public welfare or when it is conducted in an illegal,
improper, or disorderly manner.
Section 5-3.07. Investigation by Chief of Pol ice.
It sha II be the duty of the Chief of Police to investigate and
report to the Council all facts and evidence bearing on the location of any
dance, dance hall, or public entertainment activity and character, reputation
and the fitness of the persons who will be in charge.
Section 5-3.08. Rules of Conduct: Council determination.
The Council may, from time to time, make rules and impose conditions
covering the operation and conduct of any dance, public dance hall, or public
( entertainment activity for which a permit is required.
i The Council may, from time to time, by resolution limit the time,
method, and manner of conducting any public dance, public dance hall, public
(. entertainment activity or private dance where attendance exceeds 50 persons.
Section 5-3.09. Non-transferabi I ity of Permit.
No permit granted under the provisions of this chapter shall be
transferable to another person, location, or entity.
Section 5-3.10. Exceptions to provisions: School dances.
The provisions of this chapter shall not apply to any dances located
entirely on school grounds with the permission of said school authorities.
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SECTION 2: If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this Ordinance. The
Counc i 1 hereby declares that it would have adopted the Ordinance and each
section, subsection, clause or phrase thereof, irrespective of the fact that
anyone or more sections, subsections, sentence, clause or phrases be
declared i nva 1 i d .
SECTION 3: This Ordinance shall be in fu 11 force and effect thirty
(30) days after its passage, it shall be published once, together with the
names of the Council Members voting thereon, in the Five Cities Times-Press-
Recorder.
On motion of Council Member Vandeveer, seconded by Council Member I
Hogan, and on the following roll ca 11 vote, to wi.t:
AYES: Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted this 27th day of January, 1981.
ATTEST: a~~~ ~
DEPUTY ITY CLERK
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