HomeMy WebLinkAbout1988-3083 LICENSING REGULATIONS OF CABARETS & DANCE HALLS ORDINANCE NO. 30 8 3
AN ORDINANCE relating to licenses and business regula-
tions; providing criminal and Civil penalties
for violation of licensing regulations;
amending regulations of cabarets and dance
halls; amending Sections 5.01.010, 5.28.090,
5.28.140, repealing Section 5.28.130 and
enacting 5.01.020, 5.01.030, 5.01.040,
5.01.050, all of the City of Yakima Municipal
41 1. Code,
BE IT ORDAINED BY THE CITY. OF YAKIMA:
Section 1. Section 5.01.010 of the City of Yakima
Municipal Code is hereby amended to read as follows:
"5.01.010 Violation - Penalties. A. It is
:unlawful for any person, firm or corporation to violate
any provision or fail to comply with any requirement of
this title. Unless otherwise stated in the title, any
person convicted of violating any provision or of
failing to comply with any requirement of this title
shall be punished by a fine not to exceed five hundred
dollars. Upon the second or subsequent convictions of
the same offense for which a person, firm or
corporation, within the preceding year, has been
convicted of or forfeited bail on, the punishment shall
be a fine of not more than one thousand dollars or
imprisonment in the city jail facility for not less
than ten days nor more than ninety days or both such
fine and imprisonment for.each such conviction. If the
violation of or failure to comply with the provisions
and requirements of this title is of a continuing
duration, then each day shall constitute a separate
criminal offense.
. B. Civil Offense. As an additional and
concurrent remedy, the City may bring a civil action
against any person for violation or failure to comply
with any requirement of this title. The penalty shall
be five hundred dollars. If the violation of or
failure to comply with the'provisions and requirements
of this title is of a.continuing duration, then each
day shall constitute a separate civil offense. The
City shall not bring a civil penalty action as provided
by this subsection for violation or failure to comply
with the terms of Section 5.49.050 of the City of
Yakima Municipal Code.
Section 2. Section 5.01.020 is hereby enacted as a new
section of the Cityof Yakima Municipal Code to read as
follows:
5.01.020 Civil and criminal prosecution of
violators. For the purpose of civil and criminal
prosecution under this title, "person" means and
includes natural persons, firms, copartnerships and
411 corporations, and other associations of natural
persons, whether acting by themselves or by servants,
agents or employees. Every person concerned in the
commission of a criminal violation of this title,
whether he directly commits the act or effects the
commission constituting the offense, or aids and abets
the same, and whether present or absent, and every
person who directly or indirectly counsels, encourages,
hires, commands, induces or otherwise procures another
to commit such criminal violation, is and shall be a
principal under the terms of this title, and shall be
proceeded against and prosecuted as such."
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Section 3. Section 5.01.030 of the City of Yakima
Municipal Code is enacted as a new section to read as
follows:
"5.01.030 Enforcement by Code Administration
Manager - Issuance of building permit. It shall be the 111
duty of the Code Administration Manager to see that
this title is enforced and violations remedied through
the proper legal channels."
Section 4. Section 5.01.040 of the City of Yakima
Municipal Code is enacted as a new section to read as
follows:
"5.01.040 False Information. It shall be
unlawful for any person to make a false statement on
any application provided for under this title or
otherwise provide false information under the
provisions of this title."
Section 5. Section 5.01.050 of the City of Yakima
Municipal Code is hereby enacted as a new section to read as
follows:
"5.01.050 Violations as Nuisances. Conducting
any business or activity contrary to the provisions of
this title is a public nuisance, subject to prevention
or abatement by injunction or other appropriate remedy
in the Superior Court of the State of Washington for
Yakima County."
Section 6. Section 5.28.090 of the City of Yakima •
Municipal Code is hereby amended to read as follows:
"5.28.090 Application for license. Application
for a license for a dance hall or cabaret shall be made
in writing to the Code Administration Manager or his
designee, and shall be accompanied by a deposit of the
amount of the license required. It shall be signed by
the owner or owners or their authorized agents of the
building wherein said dance hall or cabaret is located
and shall state the location of the room or rooms to be
used for dance purposes, together with the street name
and number of all entrances and shall contain a
statement that the app4cant or applicants shall
require the observance of all ordinances and
regulations passed or imposed by the city for the
control and regulation of dances or cabarets conducted
in said building."
Section 7. Section 5.28.140 of the City of Yakima
Municipal Code is hereby amended to read as follows:
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"5.28.140 General rules and regulations. 1. All
public dances and dancing cabarets shall cease at two
a.m. on all mornings, and no public dancing, including
dancing in cabarets,' shall be permitted between two .
a.m. and eight a.m. of any day; provided that, such
dancing may continue until, but not after, three a.m.
on News Years Day.
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2. All public dance halls and cabarets during all
times of operation shall be lighted in such a manner to
provide sufficient illumination for ingress and egress
in time of emergency. The changing or dimming of
lights during any dancing period is hereby prohibited,'
3. . It shall be unlawful to permit any person
intoxicated by drugs or alcohol to enter or to remain
in any public dance hall or cabaret.
• 4. It shall be unlawful to permit any minor to
enter or remain in any cabaret unless accompanied by
either the parent or guardian of the minor.
5. Any license or permit issued under the terms
of this chapter shall be posted at all times in a
conspicuous place in the room for which said license or
permit was issued and no license or permit shall be
transferable or assigned without the written approval
thereon of the Code Administration Manager.
6. Any violation of federal, state or city
liquor laws, ordinances or regulations shall be
considered to be cause for revocation of the licenses
herein provided for."
Section 8. Section 5.28.130 of the City of Yakima
Municipal is hereby repealed.
Section 9.. This ordinance shall be in full force and
effect thirty days after its passage, approval and
publication as provided by law and by City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this
/6 day of , 1988.
6 ■e
MAYOR
ATTEST:
CITY CLERK
Publication Date FEB 1 9 19%
Effective Date MAK 2
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