ORD 79-41 LICENSING OF CABARETSORDINANCE NO. 79 - 41
AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATIONS
OF CABARETS WITHIN THE CITY OF WINSLOW, REPEALS ORDINANCE 72-6.
The City Council of the City of Winslow DO ORDAIN as follows:
SECTION 1. LICENSE REQUIRED. No person, firm or corporation shall
open up, conduct, manage, operate or maintain a cabaret without having
a license to do so issued by the City Clerk in accordance with the
provisions of this ordinance.
SECTION 2. DEFINITION. (a) "Cabaret" - for the DurDose of this
ordinance, "cabaret" means any room, place or space in the City open
for service to the public in which the guests, matrons, entertainers
or other persons are allowed to dance, sing, or perform music or live
entertainment including comedy in connection with the restuarant
business or the business of directly or indirectly selling food or
refreshments, including alcoholic beverages. (b) "Music and
Entertainment". The term "music and entertainment", for the Durposes
of this ordinance, shall not include radios, televisions, me chanical
music devices or juke boxes in accordance with R~ 66.28.080.
SECTION 3. LICENSE APPLICATION. Any person, firm, or corporation
desiring to maintain, keep or operate any such cabaret shall make
written application for license to do so and file the same with the
City Clerk. Such application shall state the name of the applicant
and address and place of business at which any cabaret is operated.
SECTION 4. LICENSE FEES. Each license shall be issued for a Period
of one (1) calendar year. The calendar year license fee for each
license shall be Sixty Dollars ($60.00). The license fee shall be
payable prior to January 31st for the year required or prior to
commencement of business in the City. For any license procured after
the applicable date required herein, there is hereby assessed and
shall be collected by the City Clerk, in addition to the required
annual license fee, a penalty of 10% of the annual license fee for
each month or part of a month accruing between the time such license
is procured and the time when the same should have been procured
under the terms of this ordinance.
SECTION 5. ISSUANCE OF LICENSE. The apDlication for a cabaret
license shall be filed with the City Clerk who shall refer the
application to the Chief of Police for his recommendations on the
consideration referred to in Section 8. If the Chief of Police
approves the same, the City Clerk may then issue the license, upon
payment by the applicant of the fees required by Section 4.
SECTION 6. TERM OF LICENSE. All licenses issued under Section 5
shall expire on the last day of each calendar year. The fees for said
license shall not be pro rated for a partial year but the full fees
provided by Section 4 shall be Dayable regardless of the date of
application.
SECTION 7. LICENSE - NON-TRANSFERABLE. The license issued hereunder
shall be personal and non-transferable, and shall at all times be
conspicuously posted in the place of business for which it is issued.
Where a location of business of the taxpayer is changed the taxpayer
shall return the license to the City Clerk and a new license shall be
issued for the new location of business without charge for said
taxpayer. No person to whom a license has been issued pursuant to this
ordinance shall permit or allow any other person to oDerate any business
or display his/her license; nor shall such other person operate under
or display such license.
SECTION 8. LICENSE REFUSAL, CANCELLATION, REVOCATION. The City zClerk
may refuse to issue a cabaret license, or may cancel or revoke such
license after it has been issued, if it is learned that the same was
procured by fraud or false representation of facts or that the applicant
or permittee has failed to comply with the provisions and requirements
of this ordinance or has violated any provision hereof or for any other
reason which, in the opinion of the Chief of Police, will be detrimental
to the public peace, health or welfare. Any person may appeal the
refusal to issue or cancellation or revocation of a license for a
cabaret under the appeal provisions of the Hearing Procedures
Ordinance.
SECTION 9. VIOLATIONS - PENALTIES. Any persons, firm or corporation
violating any of the terms or provisions of this ordinance shall
uDon conviction thereof shall lose their license and be fined $500.
or punished by imprisionment for a period of not more than 6 months,
or by both such fine and imDrisonment.
SECTION 10. EFFECT OF PARTIAL INVALIDITY. If any provision or sectio~
of this ordinance shall be held void or unconstitutional all other
parts, provisions and sections not expressly so held to be void or
unconstitutional shall continue in full force and effect.
SECTION 11.
entirety.
SECTION 12.
REPEALER. Ordinance 72-6 is hereby reoealed in its
EFFECTIVE DATE. This Ordinance shall become in full
PASSED BY T~E W~NSLOW C~TY CO~NC~. T~S /~
~979.
ATTEST:
Clerk/Treasurer
DAY OF ~
Alice B. Tawresey, Mayor