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Home My WebLink AboutItem 12 Dance Halls, Hours of Operation AGENDA ITEM SUMMARY SPRINGFIELD Meeting Date: Meeting Type: Department: May 5, 2008 Regular Meeting Police/ City Attorney/ neve. lopment serric Jerry Smith and Matt Cox VCJ 726-2320 (Smith) 746-9621 (Cox) 15 Minutes Staff Contact: Staff Phone No: C I T Y C 0 UN C I L Estimated Time: ITEM TITLE: DANCE HALLS, HOURS OF OPERATION . ACTION REQUESTED: Conduct a public hearing and first reading for the following ordinance: AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE (SMC), CHAPTER 7 - BUSINESS, TO AMEND SMC 7.164 REGARDING HOURS OF OPERATION FOR DANCE HALLS. ISSUE STATEMENT: Should the City of Springfield adopt an ordinance amending the SMC to add clearer language regarding dance hall hours of operation? ATTACHMENTS: 1. Draft Ordinance 2. Copy ofSMC Section 7.164 as it currently exists in the SMC DISCUSSION/ FINANCIAL IMPACT: The Springfield Police Department (SPD) has recently received a number of complaints from neighbors of the Springfield Sports Complex. ' Citizen groups have been leasing out the Sports Complex on weekends to have dances. Apparently these dances are going on past midnight. Under the existing SMC, a dance hall is to operate between the hours of 7:00 a.m. and 12:00 p.m. However, there is an exception for an establishment that serves alcoholic beverages pursuant to OLCC regulation. Apparently the groups leasing the Sports Complex for dances are serving alcoholic beverages pursuant to OLCC permit. The , exception under the existing SMC allows that an establishment operating a dance hall and serving alcoholic beverages pursuant to an OLCC permit is allowed to operate "such games," during hours allowed by law. This would allow them to serve alcohol until 2:00 a.m. and thereby operate their dance hall through 2:00 a.m. It is unclear why the word "games" was used, but the City Attorney's office believes that this was a typo from when the SMC was originally adopted using existing language from other Oregon cities. Members of the City's Development Services Department, Police Department and City Attorney's office met and drafted new language to clarify the hours of operation for dance halls including an exception for establishments operating in a commercial or business zone which dispense alcohol pursuant to OLCC permit. Under the proposed ordinance, the Sports Complex; which is zoned public lands, would have to shut down a dance at midnight. There should be no financial impact on the City. N :\City\BldgCodeEnf\Dance Hall Issues\AIS.doc ORDINANCE NO. (General) AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE (SMC), CHAPTER 7 - BUSINESS, TO . AMEND SMC 7.164 REGARDING HOURS OF OPERATION FOR DANCE HALLS. The Common Council of the City of Springfield finds as follows: A. It is in the public interest for the City of Springfield to amend the Springfield Municipal Code specifically SMC, 7.164 thereby making the language of SMC 7.164 - Hours of Operation of Dance Halls clearer. B. It is in the public interest for the City of Springfield to amend the above described section so as to provide clearer language for dance hall operators, the public, City staff issuing dance hall permits and providing clearer language as to how an establishment located in Springfield operating a dance hall within a commercial or business zone is affected by the SMC. C. It is in the public interest for the City of Springfield to amend SMC 7.164 thereby allowing that establishments located in. a commercial or business zones which operate dance halls and hold a license to dispense alcoholic beverages are authorized to operate such dance halls pursuant to OLCC rules and State law. NOW THEREFORE, based upon the foregoing findings, the City Council of the City of Springfield ordains as follows: Section 1. The Springfield Municipal Code Section 7.164 is hereby amended to read as follows: "7.164 - Hours. No dance in dance hall shall be open for business between 12:01 a.m. and 7:00 a.m., except that the council reserves the power to grant in its discretion by motion at any regular or special meeting specific permission for such a dance or dance hall to be kept open for business at other hours, provided the council deems it to be in the public interest that the place of business be open for business then and the motion so states. Provided, that any establishment located in a commercial or business zone operating such dance or dance hall and holding a license to dispense alcoholic beverages, granted by the OLCC, may operate such dances/dance halls during the hours allowed by law to dispense such beverages." Adopted by the Common Council of the City of Springfield this _ day of of in favor against. , 2008 by a vote Approved by the Mayor of t~he City of Springfield this _ day of I 2008 ... Mayor, .Sid Leiken ATTEST: City Recorder, Amy Sowa fJ .:~.:.~ r, il) :.J r} t~ \l.t~ [; ;~r - _ _. ~ ~\ /,-! M U ~~ 'Vi v 11. ~ A:.s 10 FOF;I\/l . /'1~L DA TE: -!iZ:;;7D ~ OFFI\p!=nc 01TV f\-"-j'f)RNEY .J ~ ,j' \! ~ : ; l~' f I I... N: \City\BldgCodeEnf\Dance Hall Issues\Ordinance.doc _ _ _ . P.aae 1 ATTACHME1NT 1 Springfield Municipal Code DAL~CE HALLS 7.160 Definition. Dance hall is any hall, room, pavilion, or place, except a pri- vate residence, in which a dance is held and charge is made for admission thereto. 7.162 License Required. No person shall establish, maintain or operate a dance hall within the city unless a license for that use is obtained from the city. Every place or building where a dance hall is car- ried on,whether for hire or not, shall be deemed a dance hall subject to the provi- sions of sections 7. 160 to 7. 168. Each licen- see shall meet the standards as described in sections 7.000 to 7.006. 7.164 Hours. No dance in dance hall shall be open for business between 12:01 a.m. and 7:00 a.m., except that the council reserves the power to grant in its discretion by motion at any regular or special meeting specific permission for such a dance or dance hall to be kept open for business at other hours, provided the council deems it to be in the public interest that the place of business be open for business then and the motion so states. Provided, that any estab- 'lishment operating such dance or dance hall, holding a license to dispense alcoholic bev- erages may operate such games during the hours allowed by law to dispense such bev- erages. 7.166 Exemption. Dances that are spon- sored by Springfield School District No. 19 or the Willamalane Park and Recre- ationDistrict shall be exempt from the pro- visions of sections 7.160 to 7.168. 7.168 License Fees. Each licensee shall be required to pay the applicable license fee as set by council resolution. DETECTIVES 7.170 Definitions. For purposes of sections 7.170 to 7.180, the following means: Detective Agency. Any person en- gaged in a detective business, for hire, which employs one or more persons as employees, assistants, I clerks, bookkeepers, or opera- tives, except that persons engaged in such business whose employees, other than office employees, are in full uniform shall not be classed as a detective agency. ' Detective Business. The business of making, for hire, an investigation for the purpose of obtaining information with refer- ence to any of the following matters: crimes against any commonwealth or wrongs done or threatened; the habits, conduct, move- ments, associates, transactions, reputation, or character of persons; the credibility of witnesses or other persons; the location or recovery of lost or stolen property; the se- curing of evidence to be used before author- ized investigating committees, boards of award or arbitration, or in the trial' of civil or criminal cases; accidents, or injury to real or personal property; or strikes. . Private Detective., A person engaged in the detective business, for hire, who does not employ or use any employees, assistants, clerks, bookkeepers, or operatives. 7.172 License Required. No person shall establish, maintain or operate as a detective within the city unless a license for that use is obtained from the city. Every private detective, whether for hire or not, shall be deemed a private detective subject to the provisions of sections 7.170 to 7.180. Each licensee shall meet the standards as described in sections 7.000 to 7.006. 7.174 Exemptions. Nothing in sections 7.170 t07 .180 shall apply to the fol- lowing persons: 7:13 ATTACHME]~T 2