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HomeMy WebLinkAbout1967 Ordinance No. 005Introduced a• a Bill by Councilman Hanson BY AU'l'BORITY ORDDIABCB BO. 5, SEIUBS OP 1967 ~ All ORDDIAllCE MDD>IRG CBAP'l'ER 17 OP 'l'BE MUllICIPAL CODE OP ~E CITY OF ENGLEWODD ft) PlUT 1IDB POil rc LICDs:::;,G ~.n ~~'l'ION OP PUBLIC DAllCBS, ANi> SKATING RINKS. 8B IT ORDADIBD BY 'l'llB CITY COUllCIL OP 'l'BE CITY OP ERGLEWOOD, COLORADO: Section 1. Chapter 17 of the Municipal Code of the City of Englewood la hereby ... nded by the addition of a new Section 15, which shall read a• followaa I 17.15 RegUlation of Dance Balla, Dance•, and Skating Rinks. I 17~15-1 Definition• and Bx .. ptiona. (a) The tera •public dance hall• a• uaed herein shall be taken to .. an any pr .. iaea open to public dancing for gain or to which the public i• admitted upon payment of an adaiaaion f .. , •smberahip fee, or for a charge of any kind, and deacription, or any hall or acadeay in which classes in dancing are held and inatruction• in dancing given for pay. (b) 'fh• tena •public dance or a public ball" a• used herein shall be taken to -an any dance where adlliaaion can be had by the public generally with or without the payment of a fee, with or without the purcha .. , poa .. aaion or preaentation of a ticket or token, and any other dance operated by club •911berahip, aeaaon ticket, invitation, or other ayat .. open or offered to the public generally. (c) Anything to th• contrary contained in aubaection (a) and (b) hereof notwithatanding, the proviaiona of thi• ordinance shall not apply to any public dance hall, public dance or public ball .. intained, aponaored, held, or conducted bys (1) Any person, partnerahip or corporation holding a license iaaued for the aale by the drink of .. it, vinoua or spirituous liquor• or of fer11ented •alt beverag••s (2) Any corporation exempt from the proviaion• of the Internal Revenue Code a• evidenced by a revenue ruling issued by the Internal Revenue Service of the United State•i and (3) th• atate, any municipality or quaai-municipal corporation, or any departllmtt or agency thereof. I 17,15-2 Lic•n!! RtqUir!d. (a) :t •hall be unlawful for any pe~aon, firm, corporation, aaaociatinn or partnerahip to maintain any premiae for use by the public for dancing on one or more day• per week without obtaining a licenae therefor purauant to thi• chapter. (b) It ahall be unlawful for any peraon, firm, corporation, aaaociation, or other organisation to hold or conduct a public dance or ball without firat obtaining a permit therefor from the City Clerk a• hereinafter provided, where auch public dance or ball i• being held on pr .. i .. • not licenaed a• a public dance hall. I 17.15-3 A=:ficationa. Application• for public dance hall licenses and pe ta to hold or conduct a public dance or ball shall be made to the City Clerk upon foZ'IDa to be provided and shall be accompanied by an application fee of $10.00. I No dance hall c aance or ball shall be the application therefor I 17.15-5 Per•on• Prohibited a• Licenaeea. Ro licenae or permit provided by this article shall be issued to or held bys (a) Any person until the requiaite feea have been paid. (b) Any person who i• not a citizen of the United States of America. (c) Any person who ia under the age of twenty-One years. (d) Any person who, within ten (10) year•· prior to the date of hia application, haa been convicted in either a federal, state or municipal court, of any felony, or of any other crime, whether claaaified aa a felony or miademeanor, involving moral turpitude, gambling, narcotics, ae"'1al offen••• or aggravated assault or involving a violation of any federal, state or municipal liquor law. (e) Any firm, corporation, aaaociation or organization: any of whoae officer•, director•, or manaqera have been convicted of any I I . I I I Ordinance Bo. 5, Series of 1967 any offense contained in the precediDCJ subsection. I 17.15-6 Iaauance and Pee. After finding that the application and the pr9iilaea meet the requir .. enta aet forth in I 17.15-4 and 17.15-5 the City Clerk ahall iaaue the dance hall license or permit to conduct a public dance or ball. The fee for a dance hall license ahall be $300.00 per ann\ml. Bo charge other than the application fee •• provided herein ahall be impoaed for the issuance of a permit to hold or conduct a public dance or ball. I 1 1~15-7 Bon-Tranaferrable. Bo licenae or permit issued under the terms of thla article •hall be tranaferrable from the licensee to any other peraon, partnerahip, aaaociation or corporation, or from the pr.U.aea licenaed to any other premiaea. I 17.15-8 Inapection of Premi•e• and Power to Vacate. (a) Before any licenae or permit ia granted by the City Clerk, the preaiaea described in the application shall be inspected by a repreaentative of the Police, Pire and ~ilding Departments of the City to aacertain whether the aame coinply with all applicable ordinance• and regulation• of the City. Upon completion of said inapection, each of aaid repreaentativea lhall either certify in writing to the City Clerk that the premises c~y with all such ordinance• and regulation•, or, if they do 'not/comply, shall de- liver to the applicant a written atatement setting forth the areas of noncompliance, in which latter event, no license or permit shall iaaue until auch time a• the applicant demonstrates that corrective meaaurea have been taken to bring auch premise• into compliance. • (b) See page 44 I 17.15-9 Roura of Cloaing. All public dance• or ball• shall be discontinued and ail public dance hall• ahall be cloaed at or before the hour of 2100 A.M., provided, however, that nothing herein shall be con- atrued to effect any curfew proviaions of this code relative to minor•. ,., I 17.15-11 Skatiny Rink• to be a:yolated bl Proviaions Pertaining to Public Dance Ba la. The provla ona of t la article concerning public dancea, pUblic ball• and public dance halls shall, in every respect and detail, alao apply to public ice and roller skating rinks. I 17.15-12 Revocation of Licenaef Botice and Bearing. The license provided for In this I 17.15 ahal be aiibject to revocation or· suspension if it ia firat found by the City Council of the City of Englewood, after a public hearing, that the licenaee, or any employee thereof, i• violatiDCJ or ia permitting the violation of this ordinance, or any ordinance of the City of Bn9lewood or any state or federal law, whether said violation ia camaitted by any licensee, or employee thereof, or by peraona resorting to or attending said public dance hall, or ball, or skating rink. At any time when it may come to the attention of the City Council of the City of Englewood from any"9urce of the possible violation of any such ordinance or statutes, council •hall provide written notice to the licensee, which notice ahall be aerved by certified mail at · the addresa given upon licensee's application not le•• than aeven (7) days prior to the public hearing thereon, which •hall ::iotify the licensee of the general grounds for the contmaplated revocation or auapenaion, the date set for the public heariDCJ thereon, and ·of the liceasee'slright .to be.heard at s uch public hearing. ·. ·· · I 17.15-13 Violation•. The operation of any room described in I 17.15-1 hereof, without complying with the provisions of I 17 of this Municipal Code, ia hereby declared to be a public nuisance and, in addition to subjecting any peraon violating the provisions of thia aection to proaecution for a violation of a municipal ordinance and to the penaltiea prescribed in Chapter 27 thereof, may be en- joined a• auch in any court of competent jurisdiction. Ordinance Ro. 5, Serie• of 1967 Introduced, read in full and paaaed on firat reading by the City Council: of th• City of Englewood, COlorado at it• regular meeting on the 6th day of Karch, 1967, and ordered publiahed in the Englewood Herald and Enterprie.e. Pa••ed on Pinal Reading by the City council of the City of Englewood, Colorado, thia 20th day of March, 1967, and ordered published in full in the Bnglewood Herald and Bnterpriae. A'ft'BST1 I,· Stephen A. Lyon, City clerk-Treaaurer of the city of Englewood, county of Arapahoe, State of COlorado, do hereby certify that the above and foregoing Bill for an Ordinance waa introduced, read, paaaed on firat reading and ordered plbliahed aa a bill in the Bnglewood Herald and Bnterpriae at a regular meeting of the City Council held on th• 6th day of Karch, A.D., 1967, and that at least .. ven day• after publication aa a bill, the above ordinance was approved, adopted and ordered publiahed in aaid legal newapaper by the City Council at a regular •••ting held on the 20~ day of March, A.D., 1967, as Ordinance No. 5, Serie• of 1967 of •aid City. • 117.15-8 Inapection of Pr .. i••• and Power ~o Vacate .. (b) Rioa~ b' an applicant of a licenae or permit issued hereunder shall be taken and •••d to be the grant by aaid applicant of his, her, its or their conaent for any building inapector or any fire or police officer to inapec:t the preaiaea licenaed at all reaaonable times, with or without a aearch warrant. 'fhe Chief of Police, or a deaignated police officer shall have the power and the duty to aauae the place,hall, or room where any dance or ball i• held or given, to be vacated wherever any provisions of thia code or any ordinance with regard to public dances and public balls i• being violated or whenever any indecent act ahall be camnitted or when any diao.atr.o f a groaa, violent or vulgar character shall take place therein. Upon th• Chief of Police vacating the premises, he shall inmedi- ately notify the city Clerk 'fhereof and a public hearing for suspension or revocation before City council, to be conducted pursuant to the provisions of 117.15-12, •hall be acheduled not more than fifteen (15) days thereafter. ** 117.15-10 Hotel• and R••tauranta. If any hotel where fifty (SO) or more rooms are kept for rent and where a bona fide reataurant is operated in connection therewith, or a bona fide reataurant with a •eating capacity of one hundred (100) gue•t• or more make• proof of such fact to the City Clerk by affidavit together with the aigned written consent of eighty per cent (80%) of the owner• of property, or the authorized agent• thereof, within a distance of four hundred f .. t (400') fram such hotel or reataurant, the City Clerk may penait the public dance• conducted therein to continue until the hours of 3100 o'clock A.II. I . I ·~~. .