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Ordinance 1499Ordinance No. 1499 AN ORDINANCE AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING S EC T 10 N S 12 -321 THROUGH 12 -329 THEREOF (ARTICLE. 2, CHAPTER 3, TITLE XII), RELATING TO AND REGULATING DANCE HALLS AND DANCING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA : SECTION 1, That Sections 12 -321 through 12. -329, Article 2, Chapter 3, Title XII of the Alameda Mu- nicipal Code are hereby amended to read as follows: Article 2. Dance Halls and Dancing Sec. 12 -321. Definifinns, The words "public dance," for the purposes of thus article, shall include every dance roo which the public is ad- mitted, and which is held: or con- durted, for profit, and every dance for which pan, admission fee is charged those attending, whether the same be charged at the door or through the .tole of tickets, or in , any other manner whatsoever; pro - vided, they shall not apply to any dance given m a public school by any of the classes thereof. The words "public dance" shall also include and be construed to mean every other dance conducted at any public place whatsoever, in- clu,ding but not limited to cabarets or other like premises, to which the general public is admitted, whether or not an admission charge its made, where entertainment of any kind or music is furnished by wr for any patron or guest on the premises, and where liquid refresh- ments or foods are served; pro- vided, however, that any such place where entertainment or mu- sic is furnished solely by a me- chandcal or electrical. device .shall be construed to be a dance hall or plane where public dance is held wily if dancing is permitted or dancing privileges are afforded in connection, therewith, The word "person," for the pur- poses of thus, article, shall include every person, club, firm, associa- tion, nor corporation conducting a "Public dance," or series thereof, or permitting public dances to be conducted under their auspices, and shall include the principiails, agents, officers, and employees thereof. Sec. 12 -322. Permit. It shall be unlawful for any person to suffer or permit any public dance, as die - fined in the preceding section, in any hall, roots, premises, or other place in; the -City of Alameda with- out first obtaining •a permit there - far from the Chief of Police. Ap- plicati for such permit shall be made in writing to the Chief of Police at least ten (16) days prior to the •date of such dance, and shall set forth information as may be required by him, The Chief of Police shall make an investigation of the applicant and of the matters set forth in the application and shall grant the permit unless he finds that the activity sought to be conducted thereunder would con- stitute a violation of any law or applicable ordinance, or would be contrary to the moral welfare of the public or conducive •toe breach of public peace or order. Such per - mit shall be in writing and contain the following: (a) Name and residence of the applicant. (b) The specific place for which the permit is granted. (c) The number and date of the dances which may be held or conducted under the per - mit. (d) The period of time for which the permit shall be effective, in the event such permit is issued for a. series of p�ublie dances. (e) Such other information as the •Chief of Police may deers, necessary. No permit so issued shall be as- signed, transferred, loaned, or in any other manner set over to an- atiher person. , See. 12 -323. Hours. It shall be un- lawful for any person to conduct a public dance between the hours of 2 o'clock a.m. and '6 o'clock a.m. and it shall be unlawful for any person to , participate in or be present rat a public dance between said hours. See. 12 -324, Special Police Officer and Matron. Every person seeking a permit under this article shall apply to the Chief of Police to ap- point ,a special police officer to attend the place where the dance is to be conducted and to be pres- ent thereat during all the times such dance is being conducted. The expense of such officer shall be paid by the applicant ,therefor, but such officer's presence shall not relieve the applicant of any lia- bility for any violation of the pro - visions of this article. The Chief of Police may require any person seeking such permit to employ •ad- ditional special police officers whenever deemed reasonably nec- essary. In addition to said special police officer or officers, every person is- sued a permit hereunder shall em- ploy a matron, satisfactory to the Chief of Police, to be in attendance at the dance. It shall be the duty of such matron and spectral officer, or officers, to enforce strictly the provisions of this article. Every matron and special police officer so employed shall wear a badge of authority approved by the Chief of Police and they shall be in attendance during all the time Ordinance No. 1499 New Series the daiice is being conducted. The iniatron shall have free access to and supervision over all rooms used by female patrons, and she shall immediately report miscon- duct by any p'aitron to a special po- lice officer in attendance. Sec. 12 -325. Premises — Certain Conduct and Entertainment Pro - hibit.ed. All places for which a per- nut has been granted under this , article shall be kept well lighted during the hours a public dance is being conducted therein,. No suggestive, indecent, lewd or obscene dancing or entertainment shall be permitted or given. No disturbance of the public or- der or decorum, breach of the peace, or riotous or disorderly con- duct shall be permitted. No one shall be :permitted to dance who is not properly dressed. It shall be unlawful for any person conducting a public dunce , to ',permit to remain on the prem- ises where such dance is being conducted any patron or other per- son conducting himself contrary to the provisions of this '. section, and it shall be unlawful for any such patron or other person to engage in the conduct herein prohibited. Sec. 12 -326. Minors to be Accom- panied —False Statement of Age. It shall be unlawful to admit or per- mit to remain in or about the place where a public dance, as de- fined in this article, is being can dueled, after the hour of 6:30 p.m., any person under sixteen (16) years of age unless each such person be accompanied by his or her parent or guardian or other person specif- ically designated and approved by said minor's parent or guardian, and it shall be unlawful for any person to make any false state - snent of his or her age or the age of any atter person for the pur- pose of obtaining admission to such public dance. See. 12 -327. Regulations— Posting. Every person conducting a public dance, as defined in this article, shall keep posted conspicuously in the place wherein such dance is being conducted, and in all rooms used in connection therewith, 'a copy of the regulations hereinafter set forth., printed in 18 -point black face type. Such regulations shall , be kept so posted, during the entire time the dance is being conducted and shall be in the following words and figures: Regulations for Public Dances 1. No person under sixteen (16) years of age shall be allowed to attend a public dance, as defined in Section 12 -321, Alameda Mumci- pal Code, after 6:30 p.m. unless each such person is accom•parded by his or her parent or guardian, or other person designated by such parent or guardian. 2. No return checks shall be is- sued to or received from any patron after 10 o'clock p.m. 3. No suggestive or indecent dancing or entertainment shall be permitted, and all profane or vul- gar language, and offensive or boisterous conduct, shall be pro - hibited. 4. No person shall be readmitted to the premises after such person has been expelled therefrom for violation of these regulations or of any other law. Sec. 12 -323. Violation of Regula- tions — Revocation of Permit for Non - Enforcement. it shall be un- lawful for any person conducting any such public dance to violate or to permit violation of any of the foregoing regulations, and failure to enforce strictly said regulations or other provisions of this article, or of any other .applicable ordi- nance or law, shall constitute cause for revocation by the Chief of Polies of said permit. Notwithstanding the existence of a permit therefor, any police or peace officer shall have the power to stop any such public dance, or to close any place where such dance is being conducted, for vio- lotion of any of the provisions of this article or of any other Law. Violations of any of the pro- visions of this article shall consti- tute a misdemeanor. Sec. 12 -329. Appeal to Council. Any person aggrieved at any .act of the Chief of Police in connection with enforcement of this article, or for refusing or revoking a per - mit hereunder, may appeal to the City Council for a hearing in the matter, and the decision of the Council , after such hearing shall be final and conclusive. SEiCTI'ON 2, This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. WILLIAM S. GGDFRErY, Presiding Officer of the Council. Attest: ,SHIRLEY H. TENNIE R, City Clerk. L the undersigned, hereby cer- tify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meet- ing assembled on the 6th day of April, 1965, by the following vote, to wit: AYES: Councilmen Freeman, La Croix, Jr., McCall, Rose and Presi- dent Godfrey, (5). NOTES: None. ABSENT: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of April, 1965. (SEAL) SHIRLEY H. TENNIER, City Cleric of the City of Alameda. No, 737 -A, Publish April 9, 1965. 47 Alameda Clity Ordinances Ordinance No. 1499 New Series CITY OF ALAMEDA Ordinance N®. 1499 New Series AN ORDINANCE AMENDING THE ALA - MEDA MUNICIPAL CODE BY AMENDING SECTIONS 12 -321 THROUGH 12 -329 THERE- OF (ARTICLE 2, CHAPTER 3, TITLE Xlp, RELATING TO AND REGULATING DANCE HALLS AND DANCING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA: SECTION 1. That Sections 12 -321 through 12 -329, Article 2, Chapter 3, Title Xil, of the Alameda Municipal Code are hereby amended to read as follows: Article 2. Dance Halls and Dancing Sec. 12 -321. Definitions. The words "public dance," for the purposes of this article, shall include every darce to which the public is admitted, and which is held or conducted for profit, and every dance for which an admission fee is charged those attending, whether the some be charged at the door or through the sale of tickets, or in any other manner what- soever; provided, they shall not apply to any dance given in a public school by any of the classes thereof. The words "public dance" shall also include and be construed to mean every other dance conducted at any public place whatsoever, including but not limited to cabarets or other like premises, to which the general public is admitted, whether or not an admission charge is made, where entertainment of any kind or music is furnished by or for any patron or guest on the premises, and where liquid re- freshments or foods are served; provided, however, that any such place where en- tertainment or music is furnished solely by a mechanical or electrical device shall be construed to be a dance hall or place where a public dance is held only if danc- ing is permitted or dancing privileges are afforded in connection therewith. The word "person," for the purposes of this article, shall include every person, club, firm, association, or corporation con- ducting a "public dance," or series there- of, or permitting public dances to be con- ducted under their auspices, and shall in- clude the principals, agents, officers, and employees thereof. Sec. 12 -322. Permit. It shall be un- lawful for any person to suffer or permit any public dance, as defined in the Pre- ceding section, in any hall, room, prem- ises, or other place in the City of Ala- meda without first obtaining a permit therefor from the Chief of Police. Applica- tion for such permit shall be made in writing to the Chief of Police at least ten (10) dates prior to the date of such dance, and shall set forth information as may be required by him. The Chief of Police shall make an investigation of the applicant and of the matters set forth in the appli- cation and shall grant the permit unless he finds that the activity sought to be conducted thereunder would constitute a violation of any law a; applicable ordi- nance, or would be contrary to the moral welfare of the public or conducive to a breach of public peace or order. Such per- mit shall be in writing and contain the following: (a) Name and residence of the appli- cant. (b) The specific place for which the permit is granted. (c) The number ar.d date of the dances which may be held or conducted under the permit. (d) The period of time for which the permit shall be effective, in the event such permit is issued for a series of public dances. (e) Such other information as the Chief of Police may deem neces- sary. No permit so issued shall be assigned, transferred, loaned, or in any other man- ner set over to another person. Sec. 12 -323. Hours. It shall be unlaw- ful for any person to conduct a public dance between the hours of 2 o'clock a.m. and 6 o'clock a.m. and it shall be unlaw- ful for any person to participate in or he present at a public dance between said hours. Sec. 12 -324. Special Police Officer and Matron. Every person seeking a permit under this article shall apply to the Chief of Police to appoint a special police offi- cer to attend the place where the dance is to be conducted and to be present thereat during all the times such dance is being conducted. The expense of such officer shall be paid by the applicant therefor, but such officer's presence shall not relieve the applicant of any liability for any violation of the provisions of this article. The Chief of Police may require any person seeking such permit to ern - ploy additional special police officers whenever deemed reasonable necessary. In addition to said special police offi- cer or officers, every person issued a per- mit hereunder shall employ a matron, satisfactory to the Chief of Police, to be in attendance at the dance. It shall be the duty of such matron and special offi- cer, or officers, to enforce strictly the pro- visions of this article. Every matron and special police officer so employed shall wear a badge of au- thority approved by the Chief of Police and they shall be in attendance during all the time the dance is being conducted. The matron shall have free access to and supervision over all rooms used by fe- male patrons, and she shall immediately report misconduct by any patron to a special police officer in attendance. City O rdinances Ordinance No. 1499 New Series Sec. 12 -325. Premises — Certain Con- duct and Entertainment Prohibited. All places for which a permit has been grant ed under this article shall be kept well lighted during the hours a public dance is being conducted therein. No suggestive, indecent, lewd or ob- scene dancing or entertainment shall be permitted or given. No disturbance of the public order or decorum, breach of the peace, or riotous or disorderly conduct shall be permitted. No one shall be permitted to dance who is not properly dressed. It shall be unlawful for any person conducting a public dance to permit to remain on the premises where such dance is being conducted any patron or other person conducting himself contrary to the provisions of this section, and it shall be unlawful for any such patron or other person to engage in the conduct herein prohibited. Sec. 12 -326. Minors to be Accompanied —False Statement of Age. It shall be un- lawful to admit or permit to remain in or about the place where a public dance, as defined in this article, is being conducted, after the hour of 6:30 p.m., any person under sixteen (16) years of age unless each such person be accompanied by his or her parent or guardian or other person specifically designated and approved by said minor's parent or guardian, and it shall be unlawful for any person to make any false statement of his or her age or the age of any other person for the pur- pose of obtaining admission to such pub- lic dance. Sec. 12 -327. Regulations — Posting. Every person conducting a public dance, as defined in this article, shall keep post- ed conspicuously in the place wherein such dance is being conducted, and in all rooms used in connection therewith, a copy of the regulations hereinafter set forth, printed in black face type. Such regulations shall be kept so posted during the entire time the dance is being conducted and shall be in the following words and figures: Regulations for Public Dances 1. No person under sixteen (16) years of age shall be allowed to attend a pub- lic dance, as defined in Section 12 -321, Alameda Municipal Code, after 6:30 p.m. unless each such person is accompanied by his or her parent or guardian, or other person designated by such parent or guardian. 2. No return checks shall be issued to or received from any patron after 10 o'clock p.m. 3. No suggestive or indecent dancing or entertainment shall be permitted, and all profane or vulgar language, and of- fensive or boisterous conduct, shall be prohibited. 4. No person shall be readmitted to the premises after such person has been ex- pelled therefrom for violation of these regulations or of any other law. Sec. 12 -328. Violation of Regulations — Revocation of Permit for Non- Enforce- ment. It shall be unlawful for any per- son conducting any such public dance to violate or to permit violation of any of the foregoing regulations, and failure to enforce strictly said regulations or other provisions of this article, or of any other applicable ordinance or law, shall con- stitute cause for revocation by the Chief of Police of said permit. Notwithstanding the existence of a per- mit therefor, any police or peace officer shall have the power to stop any such public dance, or to close any place where such dance is being conducted, for viola- tion of any of the provisions of this arti- cle or of any other law. Violations of any of the provisions of this article shall constitute a misdemeanor. Sec. 12 -329. Appeal to Council. Any person aggrieved at any act of the Chief of Police in connection with enforcement of this article, or for refusing or revoking a permit hereunder, may appeal to the City Council for a hearing in the matter, and the decision of the Council after such hearing shall be final and conclusive. SECTION 2. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. WILLIAM S. GODFREY, Attest: Presiding Officer of the Council. SHIRLEY H. TENNIER, City Clerk. 1, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 6th day of April, 1965, by the following vote, to wit: AYES: Councilmen Freeman, LaCroix, Jr., McCall, Rose and President Godfrey, (5). NOES: None. ABSENT- None. IN WITNESS WHEREOF, I have here. unto set my hand and affixed the official seal of said City this 7th day of April, 1965. (SEAL) SHIRLEY H. TENNIER, City Clerk of the City of Alameda. No. 737 -A. Publish April 9, 1965.