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HomeMy WebLinkAboutOrdinance 32- 622, Defines and Regulates Public Dances and Dance Halls 348 Re/miJiJU I); r '. " ~ ~s. .~f') IJ) ,.J ",; . ; '. ,", . '1 ",....; Ill, '- . . ; C'l"...k..'... '4~\.~~_.~_..... ~_'_-"""~..-....' ?-t, 4 . ',' U).>'; t; 1t...~;Ji'- ORDINANCE NO. 622. .,' ~1 (c., ..- '"] .. h;,tS "/1, J..... .,. R"'1~rh+ h'r rk~~<*"~"", ~lO ",~.I-<#' ",;' ".' ,-,' L, "J. ',',~ \, ' ., (! t~,!1 . . ~ \l,1 - "n__ ,. AN ORDINANCE DEFINING AND REGULATING PUBLIC DANCES AND PUBLIC DANCE HALLS IN THE CITY OF BOZEMAN, AND REPEALING ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: I DEFINITIONS "Public Dance" and "Public Dance Hall" Defined. Se.ct ionl. As usee .in this Ordinance the term "pub1io dance" shall be ..." -'...,;,..- oonstrueir"t:; mean-:and inolude any danoe in whioh the general public may part io". . / ipatew~tg:~~without the payment of an admission or other fee, whether such .~' "- fee be in the form of VOluntary contribution, club dues, membership fee, lodge due s, a pl':toe per dance, or in any other way or manner whatsoever; provided, that a danoe given or held for general public oharitable purposes or for any general public purpose, or by any permanently organized social, reI igi'ous , eduoational civic and/or fraternal society or order, exolusiTely for its own members and the bona fide invited and non-paying guests of such members, shall not be held to be a "publio dance" within the meaning of this Ordinanoe; pro- vided, further, that the reservation or enforcement of so-oalled "door-rights", and/or the right reserved or enforced to exolude- individuals, shall not be held to be exolusion of the public generally. i I I "Public Dance Hall", as used in this Ordinance, shall be oonstrued to mean and inolude any room, apartment, hotel-room, hall, (including lodge hall), dancing school or academy, oabaret, restaurant or cafe room, pavilion, platfor.m, tent, school-house, or enolosure, (whether used also for other purpOBes or not) whioh is used, or rented for use, for a publio danee, and/or rented for dance purposes whether such dance be publio, as herein defined, or non-public; and the lioense fees imposed by this Ordinanoe shall be separa~e from and in ad- dition to, any other license fee and/or fees, imposed by any other ordinance of the City of Bozeman. NO DANCE UNTIL LICENSED Section 2. No public dance shall be given and no public dance hall shall be operated or maintained, within the City of Bozeman or within three miles of the corporate limits thereof, unless a license therefor shall have first been applied for and obtained from the City of BozelIBn pursuant to the provisions, rules and regualtions set out. in Ordinance No. 581 of the City of Bozeman, being the General License Ordinance of said City, and payment in advance of the fee and fees as in this Ordinance prOVided. .1 PROPER EQUIPMENT Section 3. No license for a publio dance hall shall be issued until it be found that suoh public dance hall is arranged and equipped as provided by all health and safety ordinances, rules and regulations, of the City of Bozeman, Such public dance hall shall at all times be subject to the inspeo- tion of any duly authorized official of the City of Bozeman and all such dance halls shall at all times be equipped and maintained as required by such health 349 and safety ordinanoes, rule's and regulations of the City of Bozeman, now in foroe or hereafter adopted. , HOURS OF OP,IRATION. Section 4~ That all public dances shall be discontinued and all I public dance halls closed between the hours of two o'clock A. M. and two o'clock P. M., of eaoh day; provuded, that the City Manager, in his disoretion, for good oause shown, issue a special'permit for publiC danoes to be oon- may, ducted, and public danoe halls to remain open, at other and different hours. REGULATION UNDER POLICE POWER Section 5. Police, fire and health offioers of the City of Bozeman shall at all times have the right to enter any publio' dance hall licensed under this Ordinanoe for the purposes of inspection, to maintain safety, order decensy, to make arrests and for any lawful purpose, and no person shall interfere with or obstruct any such officer in the perfo"rmanoe of such duty. LICENSE FEE Section 6. Public danoe halls shall pay an annual license of One HUn- dred Dollars ($100.00) per year, in advanoe, or Five Dollars ($5.0Q) in advanoe for eaoh and every dance; provided, that after tlOO .00 has be~n PB:Jc:.:.::!~r,'dan~es at $5.00 eaoh" by any public dance hall, no further payment sl?-at:1,-1>e" required .',,-~:". - ....~-~... I from such dance hall for the fiscal year of the City of Bozeman,..durtnE :which ~". . such payments have been made, and such dance hall shall thereup'~.~~~~~}itled to receive a license for the remainder of such fiscal year without further payment. PENALTIES Section ? Violations of this Ordinanoe sha1"1 be punishable by a fine of not less than Five Dollars ('5~OO) nor more than One Hundred Dollars (.lO~OO), or by imprisonment .in the city or Qounty' jail for not exceeding thirty (30) days, --or"'l;ly both such fine and imprisonment, for each and every violation. If any fine - .'--J.mpQs&d hereunder be not paid .it shall be served out by the person against whom """ .... ---~.-..-,.., , /..... : . ~- it is'imposed by imprisonment in the oity or county jail one day for each two ---, .... ,;;.- - , ,-gDl1ars of such fine. In addition to the penalty of fine and/or ~prisonment, - or either, provided hereby, the license of the offending public dance hall may be revoked, in the discretion of the City Uanager, QAde". and sUbjeot to, the provisions of Section 5 of Ordinance No~ 581, of the City of Bozeman, being the General License Ordinance of said City. REPEAL I. Section 8. Subdivision 44, of Section I, of Ordinance No. 581 of the City of Bozeman, ent i tled: ., AN ORDINANCE REQ.UIRING THOSE ENGAGED IN CERTAIN OCCUPATIONS, INDUSTRIES, TRADES, PURSUITS AND PROFESSIONS IN THE CITY OF BOZEMAN TO PAY A LICENSE FEE IN AID OF THE POLICE REGULATIONS OF THE CITY OF BOZEMAN," ETC. ; and Ordinance No. 503 of the City of Bozeman, entitled: "AN ORDINANCE DEFIN~NG AND REGULATING PUBLIC DANCES AND PUBLIC DANCE HALLS IN THE CITY OF BOZEMAN, 350 are hereby repealed; and no Ordinanoe of said City of Bozeman repealed by said Ordinanoe No. 503 shall be held to be revived by this ~epea1 of said Ordinanoe No. 503t but all such repeals shall stand as made by said Ordinanoe , No. 503. ORDINANCE EFFECTIVE WHEN. . Beet ion 9. This Ordinance shall be in full force and effeot from I and after thirty days after its adoption. Introduoed, read and passed for the first time by the Commission of the City of Bozeman at a regular session of the Commission, held on the 15th day of Apr11t 1932. Read for final passage and passed by the Commission of the City of Bozeman at a regular session of the Commission held on the 2and day of April, 1932. .~ May' . A.ttest"L ,- :.:~ .-..............'... - .. -j... ~ 0::-, .-:,,-. I .. <---;':.k{'Oarolyn Westlake, Clerk ot the Commission ot the City of BQ2:eman, do hereby certify that the toregoing Ordinan.e No. 622 ot the City eft Bozeman, Montana, was published by title in the Bozeman Daily Chroniole, a daily newspaper of general o iroulat ion, printed and published in the .. City of Bozeman, Montana, in the issue of Ap~il 26th, 1932, and that due proof ot said p\blioation was made and tiled in my ottioe. , IN WITNESS 'lHBRBOF I have hereunto set my hand ani the oorpo :ra~'" ~ ., -" .-- ~, / ..a1 of said City this 30th day ot April, 1932. " '. ... .' ~ -'"-.- . .: - . 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