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HomeMy WebLinkAbout3653 ORDINANCE NO. AN ORDINANCE repealing Ordinance No. 1842 and Ordinance No. l~08~nd relating to and regulating music, dancing and all other kinds of entertain- ment in establishments licensed for the sale of beer, wine and/or spirituous liquor; providing for licensing and the revocation of licenses; and providing penalties for the violation thereof. THE CITY OF BREMERTON DOES ORDAIN: Section 1: Ordinance No. 1842 and Ordinance No. 1908 are hereby repealed. Section 2: No person, firm or corporation holding a retail license authorizing the sale of beer, wine and/or spirituous liquor for consumption on the premises shall permit upon the licensed premises any music, dancing or other entertainment without first securing a license so to do, to be issued, by ~he City Clerk as herein- after provided, permitting such music, dancing or other entertainment. Section 3: Any person, firm or corporation holdin~ a retail license desiring to apply for such license permitting music, dancing or other entertainment shall file a written aoplication therefor with the City Clerk upon blanks provided by the City Clerk for that purpose, who shall forthwith deliver the application to the Chief of Police, who within ten days thereafter shall in writing endorse thereon his approval or disapproval and return the application to the City Clerk, who shall present the same to the City Council for final approval or disapproval. Said application shall be qranted by the Council when it appears that such license would not be contrary to the interest of the public peace, health, safety and morals, and, for the purpose of making such determination the Council may order a public hearing on the application to which all interested parties shall be given an opportunity to appear before the Council. Uoon approval by the City Council and payment of the fee to the City Treasurer, the City Clerk shall issue the license. -1- Section 4: The fee for such license shall be $200.00 per year and shall be issued in the name of the person, firm or corporation operating the establishment in which such music, dancing or other entertainment is permitted and shall be valid only for the location of such establishment. Said license may not be transferred except in connection with a bona fide sale of the business conducted by the licensee upon the premises and upon approval of the transferree by the Chief of Police and City Council. Said license fees shall be due on or before the first day of July each year. Provided, however, that the initial license fee of any applicant shall be prorated on an annual twelve-month basis. Section 5: The term "music" for the purpose of this Ordinance shall not be construed to include the playing of records or music by mechanical means or otherwise for a fee to be charged a patron of an establishment desiring such music to be played as defined in Ordinance No. 1442§1, unless such music is employed for the purpose of facilitating music for dancing in such establishment; nor shall the term "music" be construed to include radios or other mechanical musical devices generating singing, instrumental or other sounds used solely for the purpose of the listening pleasure of the patrons of such establishment. Section 6: This Ordinance shall not apply to clubs holding a license authorizing the sale of beer, wine and spirituous liquors for consumption on the premises, but all such clubs shall nevertheless be subject to the rules and regulations of the Washington State Liquor Control Board relating to dancing or entertainment within such club and, for the purpose of this Ordinance, a "Club" is defined as an organization of persons incorporated or unincorDorated operated solely for fraternal, benevolent, educational, athletic or social purposes and not for pecuniary gain. Section 7: Any license issued pursuant to this Ordinance shall be subject to the rules and regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. -2- Section 8: No person securing a license as herein provided shall permit or maintain any boxes or booths closed by any door, screen, curtain or other device, with an entrance thereto on any side other than the side which faces the center line of the main room. Section 9: It shall be unlawful for any holder ~of any such license to give or permit the giving of any entertainment or exhibition of a lewd, suggestive, vulgar or immoral type, or use or Dermit the use of any indecent or obscene language. Section 10: It shall be unlawful for any person to solicit dancing partners on a commission basis, direct or indirect, or to solicit the purchase of refreshments on a commission basis, direct or indirect, and it shall be unlawful for the owner, manager or other person connected with the operation of the premises, to permit or allow any such solicitation therein. Section 11: Any premises permitting dancing as provided under the conditions of this Ordinance shall permit such dancing only in an area designated and maintained exclusively for that purpose. Section 12: The hours for dancing and other entertainment shall be those fixed by state laws and regulations for retail liquor licensees. Section 13: Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00. Section 14: Licenses issued under the provisions of this Ordinance may be revoked by resolution of the city Council whenever it shall find that the licensee or any agent, servant or employee of such licensee has violated the provisions of this Ordinance or permitted the same to be violated. Provided, however, that no such license shall be revoked unless charges in writing shall first have been filed with the City Clerk setting forth with reasonable certainty the nature of those charges against said licensee. Upon the filing of charges as -3- aforesaid, the Council shall fix a time and place for the hearing of said charges,and a copy of the charges as filed, together with notice of the time and place of hearing, shall be served upon the licensee at least five days prior to the date fixed by the Council for the hearing. Any notice provided for in this Ordinance shall be served either (1) By delivering a copy personally to the licensee, or (2) By leaving a copy with some person of suitable age and discretion at the place of business of the licensee, or if no such person may be found at the place of business of the licensee, by leaving such notice in a conspicuous place on the premises, and mailing a copy of the notice to the licensee at his place of business as set forth in his application for license. At the hearing on said charges the licensee shall have the right to appear and defend the charges, and, if he so desires, to be represented by counsel. Section 15~ Every license issued under the provisions of this Ordinance shall state in substance that such license is issued in consideration of the fees paid therefor and the right of the City Council to revoke such license pursuant to the Drovisions of this Ordinance. Section 16: No portion of the license fee shall be refunded or returned to the licensee upon revocation or surrender of the license under the conditions of this Ordinance. Section 17: The provisions of this Ordinance shall be cumulative and in addition to the provisions of the now existing Ordinances of the City of Bremerton, and shall not have the effect of repealing any Ordinances of the City of Bremerton now in effect, except those specifically repealed herein. Section 18: This entire Ordinance shall be deemed an exercise of the police power of the City, for protection of the welfare, health, peace, morals, and safety of the people, and all its provisions shall be liberally construed for the accomplishment of that purpose. -4- Section 19: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this Ordinance and the application of such provisions to any person or circumstance shall not be affected thereby. APPROVED by the City Council on the first reading this day of August, 1981. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this ~ day of August, 1981. ATTEST: KATHLEEN L. MANDIO, City Clerk -5-