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CA RLK:lcb lo-1Il78
Councll Mtg: 10-24-78
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Santa Monica, California
October 17, 1978
TO:
Mayor and City Councl1
FROM:
C1ty Attorney
SUBJECT: Clos1ng Hours for PubllC and Prlvate Clubs
Introductlon
The Clty Councll prevlously made a determlnatlon
that Moody's D~sco should not be allowed to operate dance
facll1tles between the hours of 2:00 o'clock a.m. and 4:00
o'clock a.m. on Frlday and Saturday nlghts. Since that actlon
on the part of the City CounCll, the Superior Court has
en]olned the Clty from enforclng ltS prohlbltlon between those
hours on the basls that Moody's lS a private club.
Attached hereto you wlll flnd an ord1nance WhlCh
would amend the law to preclude danc~ng between the hours
of 2:00 o'clock a.m. and 6:00 o'clock a.m. for any establlshment
requirlng a bus1ness llcense.
Back9round
There are varYlng provls1ons throughout the Santa
Monlca Munlclpal Code deal1ng wlth closlng hours, entertalnment,
dance halls and dance partles. The current provlslons wlth
regard to closlng hours for amusement and entertalnment conta1ns
several provls1ons WhlCh are open to ]UdlClal attack and WhlCh
8ft
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CA RLK:lcb 10-~78
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lnvlte llt1gatlon. For thlS reason we are recommendlng that
the provisions currently in the Munlclpal Code deallng with
these matters be repealed. The repeal would baslcally take
away the dlscretlon on the part of the Clty Counc11 to grant
or deny permlts for publlC danclng between the hours of
2:00 o'clock a.m. and 6:00 o'clock a.m. and would also
ellm1nate the exemptlon for pr1vate clubs dur1ng these hours
only.
As has been 1ndlcated 1n prevlous staff reports
regarding the Moody operatlon, the operat1on of the faclllty
either on a prlvate or publ1C basis 1mposes a substantlal
burden on law enforcement w1thout substant1al compensat1ng
commun1ty benef1t. The proposed ord1nance would preclude
such actlv1ty entlrely.
Alternatlve Solutlons
The alternatlves are elther to adopt the proposed
ordinance, to appeal the Court's dec1slon, or to discontinue
enforcement between the hours of 2:00 a.m. and 6:00 a.m.
The Los Angeles County ord1nance, vlrtually ldentlcal to the
attached, was approved by the Dlstrlct Court of Appeals 1n
7878 v. Pltchess, 41 Cal.App.3d 42, 115 Cal.Rptr. 746 (1974).
If the Cauncll dlrects, an emergency and regular ordlnance
w1l1 be prepared.
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Recomrnendat1on
It 15 respectfully recommended that the C1ty Counc11
direct the City Attorney to prepare an ord1nance substant1ally
the same as that attached ~n regular and emergency form.
prepared by: Richard L. Kn1ckerbocker, City Attorney
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CA RLK:leb 10~-78
Counell Mtg: ..,24-78
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ORDINANCE NO.
(Clty Council Serles)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA REPEALING
SECTION 4223A, 4223B AND 4223C OF
CHAPTER 2 OF ARTICLE IV OF THE SANTA
MONICA MUNICIPAL CODE AND SECTION
6704 OF CHAPTER 7 OF ARTICLE VI OF
THE SANTA MONICA MUNICIPAL CODE AND
ADDING SECTION 67041\ ENTITLED "HOURS"
AND 6704B ENTITLED "HOURS OF
ENTERTAINMENT" TO SAID CHAPTER.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SEC T ION 1.
Sectlon 4332A, 4223B and 4223C of
Chapter 2 of Article IV and Sectlon 6704 of Chapter 7,
Artlcle VI are hereby repealed ln thelr entirety.
SECTION 2.
Sectlon 6704A and 4704B are hereby
added to Chapter 7 of Artlcle VIr of the Santa Monlea Munlclpal
Code to read as follows:
Sectlon 6704A. HOURS. No dancing
may be conducted ln an establlshment
licensed pursuant to thlS Artlcle
between the hours of 2:00 o'clock a.m.
and 6:00 o'clock a.m.
Sectlon 67048. No entertalnment of
any sort other than mechanlcal mUS1C
may be conducted in an establlshment
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for WhlCh thlS Artlcle reqUlres a
llcense between the hours of 2:00 o'clock
a.m. and 6:00 o'clock a.m.
SECTION 3. Any provlSlons of the Santa Monlca
Munlclpal Code, or appendlce8 thereto lncons1stent herew1th,
to the extent of such lnconslstencles and no further are,
hereby repealed or modlfled to that extent necessary to effect the
provlslons of thlS ord1nance.
SECTION 4. If any sectlon, subsectlon, sentence,
clause or phrase of thlS ordinance 18 for any reason held to
be lnvalld or unconstltutlonal by a declslon of any court of
competent Jurlsdlctlon, such decls10n shall not affect the
valldlty of the remalnlng port1ons of the ord1nance. The
Clty CounCll hereby declares that 1t would have passed thlS
ordlnance and each and every sectlon, subsection, sentence,
clause or phrase not declared lnvalld or unconstltutlonal without
regard to whether any portlon of the ord1nance would be subsequently
declared lnvalld or unconstltutlonal.
SECTION 5. The Mayor shall slgn and the C1ty Clerk
shall attest to the passage of th1S ordlnance. The C1ty Clerk
shall cause the same to be publlshed once in the offlclal
newspaper w1thln flfteen (15) days after its adoptlon. The
ordinance shall become effectlve after thlrty (30) days from
ltS adoptlon.
ADOPTED and APPROVED thlS day of
1978.
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MlV 2 6 1985
CA~RMM~JWH:Vc:Jwhs001/adv
CIty CouncIl MeetIng 11-26-85
Santa Monlca~ CalifornIa
STAFF REPORT
TO:
Mayor and C1ty CouncIl
FROM:
Clty Attorney
SUBJECT:
OrdInance AmendIng MuniCIpal Code SectIon
6240F Regardlng PUblIC Dance Halls
At Its meet1ng on October 1, 1985,
the Clty Counc:ll
dlrected the Clty Attorney to take necessary steps to ensure
that certaIn establIshments on Main Street would be permltted
to charge a cover charge 1n connectlon WIth danCIng. In
response to thIS dIrect1on,
the accompanYlng ordInance IS
presented for Clty Counc11 conSIderatIon.
At lts meet1ng on November 12,
1985, the City Counc11
requested that CIty Staff prOVIde lnformatlon on the Impact of
the proposed ordlnance.
The ordInance IS beIng returned to
the C1ty CounCIl along with the accompanYIng Staff Report from
CIty Staff.
Under the City's comprehenslve Land Use OrdInance,
MunICIpal Code SectIon 9100 et s~q'J dance halls are a
permItted use In the Commerclal Recreatlon D1strIct. See
MunlCIpal Code SectIon 9118A(2).
In addItIon, dance halls are
permItted 1n the H1 Llmlted IndustrIal DIstrIct, Ml-A Speclal
LImlted
IndustrIal
DIstrIct,
and M2 General
Industrlal
DlstrIct by vlrtue of prOVISIons that allow ~all uses 1n the
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CommercIal Dlstrlcts~ wIth certaln exceptIons.
See MunICIpal
Code Sectlons 9120A(1), 9120D, and 9121Af11. A use permIt may
be obtaIned to allow dance halls In the C3 General Commerclal
Dlstrlct and C4 Hlghway Commerclal Dlstrlct.
Code Section 9146A(S).
Current law deflnes a dance hall as a "place where the
bUSIness of holdlng or conductlng publ1c dances 15 regularly
carried on and where a fee 15 charged . ~ MunIclpal Code
Section 6240F. Although thIS prOVISIon was apparently drafted
WIth large ballroom dance halls 1n m1nd, It has Slnce been
applied to all bUSlnesses wh1ch regularly charge admlSS10n for
danclng, even though the danclng may be lncidental to
otherwlse permltted activlty such as a bar or restaurant.
By virtue of the zon1ng regulatlons outllned above,
dance halls are restrlcted to certaIn dlstrIcts elther as a
See Munic1pal
speclflcally perm1tted use or as a perm1tted use by the
1ssuance of a use permlt. No provls1on allows dance halls 1n
the CM Haln Street Spec1al Commerc1al D1strict.
In order to allow danclng w1th cover charges at certain
enterta1nment establlshments, the accompanYIng ordlnance
amends Mun1clpal Code SectIon 9240F to exclude from the
defin1tlon of dance halls any place where danCIng 1S held or
conducted at an otherW1se lawful bar or restaurant even though
a fee or cover charge may be required. Thus, any otherWIse
lawful bar or restaurant, lncludlng those on Maln Street,
would be perm1tted to charge a cover charge for danc1ng.
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This change wIll not deprive the City of regulatory
oversIght.
Mun1clpal Code SectIon 6713 wIll continue to
require a polIce perm1t for bUSInesses sellIng alcohol and
whereIn entertaInment 1S prOVIded and danCIng 15 permltted.
The permIt may be Issued wlth reasonable condltlons as deemed
approprIate by the ChIef of Pollce.
RECOMMENDATION
It 15 respectfully recommended that the accompanYIng
ordInance by Introduced for fIrst read1ng.
PREP~RED BY: Robert H. Myers, CIty Attorney
Jeffrey W. Holtzman, Deputy C1ty Attorney
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SECTION
3.
If any sectlon,
subsectlon,
sentence,
clause, or phrase of thlS ordlnance IS for any reason held to
be InvalId or unconstltutlonal by a decIsIon of any court of
any competent JurIsdIctIon, such declslon shall not affect the
valIdIty of the remaInlng portlons of the ordInance.
The CIty
Councll hereby declares that It would have passed thIS
ordlnance and each and every section, SUbsectIon, sentence,
clause or phrase not declared lnvalld or unconstltutlonal
WIthout regard to whether any portlon of the ordInance would
be subsequently declared ~nval1d or unconstltutlonal.
SECTION 4. The Mayor shall SIgn and the City Clerk shall
attest to the passage of thIS ordInance.
The Clty Clerk shall
cause the same to be publIshed once In the offICIal newspaper
WIthIn 15 days after ltS adoptlon. The ordlnance shall become
effectIve after 30 days from its adoptlon.
APPROVED AS TO FORM:
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ROBERT M. MYERS
CIty Attorney
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