HomeMy WebLinkAboutNS-2048 - Amending Section 11-3 of Santa Ana Municipal Code to Provide an Appeal Procedure for Denial of a Dance Permit ApplicationORDINANCE NO. NS- 2048
REL:mb(7)
12/1/89
AN ORDINANCE OF THE CITY OF SANTA
ANA AMENDING SECTION 11-3 OF THE
SANTA ANA MUNICIPAL CODE TO PROVIDE
AN APPEAL PROCEDURE FOR DENIAL OF A
DANCE PERMIT APPLICATION.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That section 11-3 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 11-3.
Permit--Required; application; investigation;
exception.
(a) Every person desiring to conduct a public dance,
shall, ten (10) days prior to such dance~ file an application
for a permit so to do with the chief of police of the city.
Every person desiring to operate a public dance hall or
public dancing place shall file an application for a permit
to do so with the chief of police at least thirty (30)
days prior thereto.
The application shall state the names and addresses
of all persons interested in the dance as a business
venture, or the names and addresses of all officers of the
organization proposing to conduct the same, the date or
days, the place, and the hours when the same proposed to
be conducted, and the admission fee to be charged.
(b) The chief of police shall investigate the persons
applying for such permit, shall consider the items and
standards for granting set out in section 11-5 and, in
conformance therewith, shall either grant or deny the
permit applied for, and shall forthwith notify the applicant
of his action.
(c) No person shall conduct any public dance hall,
public dance, or public dancing place, without first making
application for and obtaining a permit so to do, nor shall
any person conduct the same during the time while a permit
so to do is revoked.
(d) No permit shall be required for a private dance.
(e) Any permit applicant aggrieved by the decision
of the chief of police to deny said permit may appeal to
the city council as provided in Chapter 3 of the Santa Ana
Municipal Code, except that the written notice of appeal
must be filed with the clerk of the council and the chief
of police within seventy-two (72) hours of service of the
written notice of the chief of police's decision.
ORDINANCE NO. NS- 2048
PAGE TWO
SECTION 2: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sent-
ence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconsti-
tutional.
SECTION 3: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating
to the collection of any such license or penalty or the penal
provision applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof,
required to be posted, filed or deposited pursuant to any
ordinance and all rights and obligations thereunder appertain-
ing shall continue in full force and effect.
ADOPTED this 2nd day of January , 1990.
ATTEST:
~ l~e~r~ e o~ ' t ~ eUYc ou~n i~l/-
Mayor
COUNCILMEMBERS:
Young A.¥e
Acosta Aye
Griset Aye
May Aye
McGuigan ' A.ye
Norton Aye
Pulido Aye
APPROVED AS TO FORM:
Edwara--~.
City Attorney