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HomeMy WebLinkAboutOrdinance 34- 645, Police Regulation and Control of Public Dance Halls and Imposing License Fee; Repeals Ordinance 622 422 Pi." ,I' HIfll4 U Il(l C iH:Ukell ----ll.:~,!.:)a._.. Amudnd""j '~"mnrlnca No 4>?; ---~k.i__~~.~ .. ... u'.o ;,;..... 1 Gl.t ~ ..---- ORDINANCE NUL1BER 645. ~ ORDINANCE OF THE CITY OF BOZEMAN FOR THE POLICE REGULATION, tRs~ECTION AND CONTROL OF PUBLIC DiNCES AND PUBLIC DANCE HALLS WITHIN THE CITY OF BOZm~N AND WITHIN THREE MILES BEYOND THE CORPORATE LIMITS THEREOF; IMPOSING A LICENSE FEE TO DEFRAY THE COST OF SUCH POLICE BBGULATION, INSPECTION AND CONTROL j DEFINING PUBLIC DANCES AND PUBLIC DANCE HALLS ; IM- POSING'PENALTIES FOR VIOLATION or THIS ORDINANCE; REPEALING I ORDINANCE NUMBER 622 OF THE. CITY OF BOZEMAN; AND DECLARING AN EMERGENCY BY REASON WHEREOF IT IS,' NECESSARY THAT THIS ORDINANCE BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS ADOPTION. .. PREAMBLE. v ~;. ~. WHEREAS, On the first day of December, 1933, the City Commission_of -, . - - the City of Bozeman by Ordinance No. 6~76f said Cit-y repealed, Ord inance' - No. 581, of said City, known as the General License Ordinance; and WHEREAS, By Section 2, of Ordinanoe No. 622, of said City, it is provided that applioations ~or licenses under said Ordinance No. 622, known as the Public ,Dance and Public Dance Hall Ordinance, shall be made "pursuant to the'rules and regulations set out in said Ordinance No. 581 of the City of Bozeman, being the General License Ordinance of said City", I repealed 'by Ordinance No. 637, as aforesaid; and , WHEREAS, By reason of such repeal there is now no ordinance of the , City of Bozeman providing procedure whereby licenses may be procured for \ conduct ing pUblic dances and public dance halls as defined in said' Ord inanoe No. 622 and it is emergently necessary for the peace" quiet, or I good order, health and general welfare of the people of the City: of Bozeman that such procedure be at onoe provided and prescribed so that public danoes and public dance halls within the City of Bozeman and within three miles beyond the corporate limits thereof may be brought under proper .aad D,eoessary police regulat ion, oontrol and inspection. IT IS THEREFORE DECLARED by the Commission of the City of Bozeman, Montana, that an emergency exists within the exoeption stated in Seotion 5436, R. C. liont. 1921; therefore , BE IT ORDAINED BY THE CQMMISSION OF THE CITY OF BOZEMAN: Section 1. Definitions . As used in this ordinance the term "public dance hall" means any room, apartment, hotel-room, hall (inoluding lodge hall), dancing school, dancing academy, oabaret, restaurant or cafe, house, room, pavilion, plat-. , form, tent, school-house, and any other place, structure, building, and/or enclosur~, whether also used for other purposes or not, in which any public I dance, as defined in this ordinanoej is given, perIIJ.itted, and/.or ,held and/or advertised to be given, permitted and/or held, and the rule of admfssion to which is not based upon and restrioted to, personal and indiviaual. - 8.iieo~ion ap.d invitation, and without payment by, or for, the persan invited o;f'any fee or charge whatsoever. . . , ~. ,., :..'!:~ 'l.'","': ',I',. . ~....' \~"""-, ".-.' n?;~:p/;2; 1:~;~ ~_;; ~-51~~i~fi.Jf! ,C', 42iJ Section 2. Public Danoe Defined As used in this ordinanoe "public dance" means any dance, dancing entertainment and/or dancing' party,in which the general public may participate I and to which ~dmission and/or participa't.ion in, is not confined to, and/or based upon, personal and individual selection and invitation, and the primary and/or incidental purpose of which is pecuniary profit; provided, that where dancing is permit~ed in a public place as a mere inoident to the primary and principal business conduoted in or at such place and the oonduct and/or operatio~ of which pr~ary and principal business ~ and has been duly licensed by the City of Bo~eman, such incidental dancing shall not be held to be a "public dance", nor the place where such dancing is permitted or held construed to be a public dance hall, within the meaning of this ordinance; provided, further, that a dance given and/or held by a public organization for the purpose of raising funds for general public charity, or for any general public purpose, or by any permanently organized social, I reli~lous, educational, civic and/or fraternal lOdge, society, olub or organization, exclusively for its own members and their personally selected, invited and bona fide nonpaying guests, shall not be construed to be a "public dance" w:ithin the meaning of this ordinance; provided, further, that I the reservation and/or enforcement of socalled door rights and/or the right reserved and/or enforoedto exolude seleoted individuals, shall not of itself be held to be exclusion of the general jl1,lblioao as to bring such danoe within the ...eptions herein enumerated; provided, further, that tne-public advertisement and/or announoement of any dance, and any dance,for which any fee is advertis_d, exaoted, oolleoted and/or reoeived for admission to, or participation .in, such dance, shall prima facie be held to be a public , dance, and the place where suoh dance is advertised to be and/or is per- . mitted cIIr held a public dance hall, within the meaning and intent of this ordinance. Section 3. No Dauoe Uati1 Licensed . - ,< No public dance shall be given and/or held, and no public dance hall shall be opened, operated and/or maintained, within the City of Bozem~n or within three miles beyond the oorporate limits thereof,- unless and until a license th~refor shall have first been applied for and obtained from ~e I , City of Bozeman pursuant to the provisions. rules ,~nd regulations for license applications set out in the_General Business License ,Ordinance of . .' . the .city of Bozeman at suoh time in torce andettect, and payment1n advance '. of the fee and fees as in this Ordinanoe provided; and the license fee and/or fees impose~ by this ordinance shall be separate from and in addition to any other license fee and/or fees 1mpo..4 by any other ordtnance of the city of Bozeman, except as otherwise hereiu provided. . ..'> , -.'/." "'"' , 424 Seotion 4. Proper Equipment No license for a publio danoe hall shall be issued until it be found that such public danoe hall is arranged and equipped as provided by all health and safety ordinanoes, rules and regu~ations, of the City of I Bozeman. Such public danoe hall shall at all times be sUbjeot to the inspection 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 suoh health and safety ordinances, rules and regulations of the City of Bozeman, now in force or hereafter adopted. . Section 5. Hours of Operation All publio dances shall be disoontinued and all public dance halls shall be closed between the hours of two o'c1ook A. M. and two o'clock P. M., I of each day; provided, that the City Manager, in his discretion, may, for good cause shown, issue a special permit for public dances to be conducted, and publio danoe halls to remain open, at other and different hours. Section 6. Enforcement--Regulation--Arrests It shall be the duty of the Polioe Department of the City of Bozeman to enforce observanoe of this ordinance. Offioers and employes of the I Departments of Public Safety, and of Publio Service, and of Publio Welfare, of the City of Bozeman shall have at all times the right, and it shall be their duty, to require complianoe with this ordinanoe; and in . pursuance of such right and duty they, and any of them, may at any time enter any public dance hall within the City of Bozeman and within three miles beyond the oorporate limits thereof to ascertain if said dance hall and/or dance is duly licensed; for the p.urpose of inspection, to insure safety, to maintain good order and deoencyand to make arrests. They, and any of them, shall have the right, and it shall be their duty, to demand produotion and inspection of the license qequired by this ordinance for any public dance in progress and if the same shall not be then and there pro- duced and upon inspeotion found in due S:nuLlproper form, such public dance shall thereupon be discontinued and the police shall enforce suOh disoon- tinuance, and any person responsible for the conduct and/or operation of ...------.,- such public dance, as provided in Seotion 7 of this ordinanoe, may thereupon be arrested by any police officer of the City of Bozeman, and I . forthwith taken before the Polioe Magistrate of the City of Bozeman, or if said Police Magistratevbe not available, confined in the city jail until the next regular oI\"special session of the Police Court of the City of Boz emen, or admitted to bail for appearance in said police court in such reasonable sum as the arr~sting officer shall fix, not exoeeding $100.00. The arresting officer shall within twenty-four hours thereafter make and file a complaint in the police court against such arrested person and . ~,: :',,_ "'.r =-"~,;., " ;.. ~i:'. r;:'.' :':~ ,'.r ~ 42'5 > ..,.;. .... '. persons, and trial on such complaint.hall be had theftatter with all reasonable dispatoh. Section 7. Persons Respensible I Every person who promotes and/or aids and/or abets in promoting, oonducts, and/or aids in conducting by selling tickets, collecting or reoeiving money, I taking tickets, providing and/or aiding and assisting in providing and/or furnishing music for, and/or who causes to be published any advertisement and/or who distributes or causes to be distributed any handbill, circular, and/or who manages and/or aids and abets in managing and/or operating any public dance and/or public dance hall, as defined in this ordinanoe, for which a license has not first been obtained as required by this ordinance, shall be deemed guilty ~. , of a violation of this ordinanoe. and be sUbjeot ~o.the pains and penalt~es as . in this ordinance provided. Section 8. License Fe. .~ Public Danoe halls shall pay an annual license fee of One Hundr~d Dollars -. or Three Dollars ($3.00), "" ,"";"" .,.t"' ($100.00) per year, in advance, in advancu~~- ""'for"-each and every dance given or held therein; provided, that after .100~OO ha.$-b.een . ~ - ~ paid for danoes at .3.00 each, no further payment shall be reqUir$ti"~;o~"'_SUCh t OJ'*:- .. -.-_.n dance hall and/or dances for the calendar year during which such p~ave I been made, and such danoe hall shall thereupon be entitled to receive a . . license for the remainder of suoh calendar year wi thout further payment. Fees colleoted hereunder shall be paid. into the Proteotion of Life and Property Fund of the City of Bozeman. , Seotion 9. Penalties Violations of this Ordinance shall be punishable by a fine of not less than One Dollar ($1.00) nor "more than Two Hundred Dollars (4200.00), or by imprisonment in the city or county jail tor not exceeding thirty (30) days, or by both suoh fine and imprisonment, for each and every violation. If any fine iaposed hereunder be not paid it .ha11 be aened out by the person ag$.i~st whom it is imposed by imprisonment in the city or county. jail one day for each two dollars of such fine. In addition to the penalty of fine and/~r im- - prisonment, or either, provided 'hereby,. the license of the offending public. dance hall may be revoked~ in the discretion of the City Manager,., und~~a.AA..r . ../ . I sub jeot to, the provia ions of Sect ion 5 of Ordinanoe No. 637, of "'the City of . "''''- ,'. -,,- Bozeman, being the General License Ordinance of said City. - I~}~" __ .'....../.....'.. .,-~- Section 10. Repeal ,..:'Ii Ordinance No. 622 of the City of Bozeman, ent i tled: " -. . "AN ORDINANCE DEFINING AND REGULATING PUBLIC DANC"XS" AND PUBLIC DANCE HALLS IN THE CITY OJ' BOZgAN, AND. REPEALING ORDINANCES IN CONFLICT HEREWITH," . and all ordinances and parts of ordina.,.s of the City of Bozeman in conflict herewi th are" hereby repealed; and' no ~.. the City of Bozeman repealed ....~ -,.... '" ...,.1'1"" ,.,t; ,4-2'8 by'said Ordinanoe No. 622 shall be held to be revived by the enaotment of this ordinance. Sect ion 11. Separability Provision If any provision of this Ordinance, or the app1ioation thereof to and I person or circumstances, is held invalid, the remainder of the Ordinance, and the application of such provision to other persons or circumstanoes, shall not be affected thereby. Section 12. Effective Date By reason of the facts and circumstanoes set out in the preamble hereto, this Ordinance is hereby deo1ared to be an emergency Ordinance and shall be in full force and effect from and after its adoption. Passed and adopted by the Commission of the City of Bozeman this 16th day of March, 1934 . JI#~ ~ -- Mayor ~- - , - -:::.-- In~zoduced, read for ~he first time and provisionally passed by the >"-"',-.--, .----,-'~ I~ Commission of the City of' Bozeman this 9th day of March, 1934; final passage fixed for the 16th day of Maroh, 1934 ~ PUblished in tl1'"Bozeman Daily Chronicle Maroh 18, 1'.iil34. Effective March 16, 1934. . . I, Carolyn Westlake, Clerk at the Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Ordinance No. 645 of the City of Bozeman, ldontana, was published by title in the Bozeman Daily Chroniole, a daily newspaper of general oirculation, printed and published in the said City of Bozeman, in the issue of Maroh 18, 1934, and that due proof of said publication was made and filed in my office. IN WITNESS WHEREOF I hereunto set my hand and the seal of my offioe 5 this 11th day of March, 1934. 'vJ ( - " ..;(p ~ ~ -~". , ~. !wk. 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