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Ordinance 1925COUNCIL BILL N0. 691 ORDINANCE N0. 1925 AN ORDINANCE PROVIDING FOR TfiE REGULATION OF PUBLIC DANCES; REPEALING ORDINANCE N0. 1299; AND DECLARING AN EP~tERGENCY. THE CITY OF td00DBURfV ORDAINS AS FOLLOWS: Section 1. Public Dance Defined. A "public dance" is any dance not held in a private home or residence which is open to the general public. Section 2. Exclusions. Provisions of this ordinance shall not apply to dances conducted as follotivs: (a) Dances on premises regularly licensed by the Oregon Liquor Control Commission when such licenses are in effect. (b) Dances or dancing instruction conducted by private dancing schools conducted exclusively for the purpose of giving instructions in dancing. (c) Dances sponsored by public schools or church organizations on their property. (d) Dances conducted by nonprofit clubs or fraternal, chari- table or religious organizations to which admission is limited to members and to guests of a member. Section 3. Necessity for License. No public dance shall be held until a license is obtained under this ordinance. Section 4. Application for Issuance of License. (a) Application for a license to hold a public dance shall be made in writing to the city recorder at least 14 days prior to the date of the proposed dance. An application for an annual public dance license shall be accompanied by a fee of $300.00, $250.00 of which shall be refunded in the event such license is denied. An application fora license for a single public dance shall be accompanied by a license application fee of $50.00, no part of ~vhich shall be refundable in the event such license is denied. An annual public dance license shall be effective for one year from the date of issue. hlo4vever, individual application for each public dance to be held shall be required as provided above. (b) The application shall be signed by the applicant and by not less than two residents of the city of Woodburn. The residents shall certify that the applicant is of good moral character and shall request that such a license be issued to the applicant. (c) The application shall contain the names of persons employed by the applicant to be in charge of providing security and control of said public dance. There shall be a minimum of two (2) such persons employed by the applicant for each dance. The persons so employed shall be over the age of 21 years. Page 1 - COUNCIL BILL N0. 891 ORDINANCE N0. 1925 (d) The application shall contain all such information as may be relevant to the character and background of the applicant, his security personnel required by Subsection (c) above, and his associates and partners, if any. (e) The city recorder shall forward the application to the police chief for investigation and may ~vithhold issuance of a dance license until the application has been investigated and approved by the police chief. Upon approval by the city recorder and police chief, the city recorder shall issue the dance license. Section 5. License Non-Transferable. Public dance licenses issued pursuant to this ordinance shall not be transferable. Section 6. hold Harmless Provision. By applying for and accepting a public dance license the applicant shall be deemed to have agreed to indemnify and hold harmless the City of 6Joodburn, its officers, boards, commissions, agents, and employees against and from any and all claims, demands, causes of actions of any kind or nature whatsoever which arise as a result of the issuance of the public dance license. Section 7. License Denial, Cancellation and Revocation. (a) Approval of a dance license shall be denied if the required application is incomplete, false or fraudulent or if the appli- cant, his security personnel, or partners or associates have, in the previous two years, violated the terms of a public dance license or of this ordinance. Prior conviction of the applicant of a felony or misdemeanor involving moral turpitude may be grounds for denial of a license when considered in the light of an applicant's entire back- ground. Denial of a dance license may be based upon previous disruptive behavior having occurred at a public dance promoted, sponsored or held by the applicant, within the previous two years. Disruptive behavior may also be grounds for revocation or suspension of a license by the city administrator. (b) The city administrator may cancel or revoke any dance license after it has been issued, if it is learned that the same was procured by fraud or false representation of fact. (c) The applicant may appeal to the city council from the decision of the city administrator in refusing to issue a public dance license, or revoking or cancelling a license previously issued. (d) All appeals to the city council shall be in writing and filed with the city recorder within three days from the date of notice of the city administrator's decision. All appeals shall be heard by the city council at its next regular meeting. (e) The decision of the city administrator shall not be stayed during the pendency of the appeal to the city council. The city council shall review the denial, suspension or revocation appealed from, and the action of the city council shall be final. Section 8. Use of Return Checks Prohibited. a No person shall give to any person leaving a dance hall a return check or other token whereby readmission to such dance hall can be obtained without the payment of a fee the same as on original admission. Page 2 - COUNCIL BILL N0. 691 ORDINANCE N0. 1925 (b) No person leaving a dance hall shall receive any such ticket or token or gain readmission without paying the same fee as upon original admission. (c) The provisions of this section shall not affect in any way readmittance during or after a regularly scheduled intermission. Section 9. Closing Hours. All public dances shall be discon- tinued and all dance halls shall be closed on or before 12:30 a.m. Section 10. Alcoholic Beverages Prohibited. (a) The use of alcoholic beverages is prohibited at a public dance except that a person granted a license under this ordinance may serve and dispense alcoholic beverages for use on the premises of the public dance if that person has a valid special events permit issued by the Oregon Liquor Control Commission. (b) The necessity of obtaining a license under the ordinance in no way relieves a person from complying with the rules and regulations of the Oregon Liquor Control Commission and any other applicable law. Section 11. Authority to Terminate Dance. The city adminis- trator or chief of police shall have the authority to terminate a public dance withouyt notice for non-compliance with this ordinance or other applicable law. Section 12. Penalties. A person who violates any section of this ordinance commits a violation punishable by a fine of not more than $250.00. Section 13. Severability. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitution- ality or invalidity of any portion of this ordinance shall not invalidate the remainder of the ordinance. Section 14. Reseal and Saving Clause. (a) Ordinance No. 1299 is hereby specifically repealed. (b) PJot~vithstanding Subsection (a) of this section, Ordinance No. 1299 shall remain valid and in force for the purpose of authorizing the arrest, prosecution, conviction and punishment of a person who violated Ordinance PJo. 1299 prior to the effective date of this ordinance. Section 15. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passoag~e._,by the city council and approval by the P1ayor. Approved as to form: / O, ~ `" ~ ~ ~ S - °~ City Attorney D _._.._ APPROVED: WILLIAFI J. COSTINE, ~~1AYOR Page 3 - COUNCIL BILL PJO. 891 ORDINANCE N0. 1925 Passed by the Council Submitted to the P~layor Approved by the P~iayor Filed in the Office of the Recorder ATTEST ~ ~~, ,, ~°~ ~- . ~_,~ ~_ ; `~~1~arney,~0. Burris, Recorder City of Woodburn, Oregon September 9, 1985 September 11, 1985 September 11, 1985 September 11, 1985 Page 4 - COUNCIL BILL N0. 891 ORDINANCE N0. 1925