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Ordinance 2174WDT/trs 9/3/80 ORDINANCE NO. 2174 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, REPEALING CHAPTER 4.40 OF THE EDMONDS CITY CODE AND ENACTING A NEW CHAPTER 4.40 TO BE ENTITLED "PUBLIC DANCES"; PROVIDING FOR ISSUANCE OF LICENSES THEREFOR; REQUIRING A POLICE OFFICER TO BE IN ATTENDANCE; AND PRO- VIDING FOR PENALTIES. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 4.40 of the Edmonds City Code is hereby repealed, and a new Chapter 4.40 is hereby added to be entitled "Public Dances" to read as follows: 4.40.010 PUBLIC DANCE DEFINED For the purpose of this chapter, any dance for which an admission or entrance fee is charged shall be considered a public dance, whether the attendance be upon invita- tion or otherwise. 4.40.020 LICENSE REQUIRED - FEE - HOURS OF OPERATION A. Required. Any person, corporation, firm, partner- ship or other association other than those exempted in subsection B of this Section, desiring to conduct a public dance within the corporate limits of the City of Edmonds shall first procure from the city clerk a license granting them the right to conduct such dance. B. Exempt Organizations. The following shall be exempt from the requirements of this chapter: 1. Nonprofit civic, charitable or religious organizations. 2. Public and/or private schools licensed by the State of Washington. 3. Holders of a valid caberet license under Chapter 4.48 of the Edmonds City Code. C. Application information. Application for a li- cense under this chapter shall be made to the city clerk on forms provided by the city. The appli- cation shall contain the following information: 1. The name and address of the person or persons who will be present at the dance and respon- sible for seeing that the terms and condi- tions of the license are complied with. 2. The number of expected guests and the hours within which the dance is to be conducted. 3. Whether any alcoholic beverages are to be served or consumed on the premises. 4. Such other information as may be required by the city clerk for proper administration of this chapter. D. Review - Fee. The person or persons listed in subsection B(1) of this section shall sign the application. The fee for the license shall be $25. Upon receipt of the completed application and fee, the city clerk shall forward the appli- cation to the police chief. Upon review by the police chief the city clerk shall issue the license. E. Contents. The license shall state on its face the date for which it is issued and shall expire at 2:00 a.m. of the day following the date for which it is issued. 4.40.030 POLICE OFFICER REQUIRED - POWERS AND DUTIES The police chief may require, as a condition of issu- ance of the license, an off -duty police officer to be in attendance, which officer shall have the duty of seeing that such public dance is conducted in an orderly and lawful manner and according to the terms of the license. The licensee shall be responsible for reimbursing the off -duty police officer for the time spent. 4.40.040 PENALTY FOR VIOLATIONS Any person or corporation found guilty of the violation of any provision of this chapter shall be guilty of a misdemeanor and punished as set forth in Section 5.45.020 of the Edmonds City Code. INC Section 2. Severability. If any provision of this ordinance is held to be invalid, the remaining portions shall not be affected. Section 3. This ordinance will be in full force and effect five (5) days after passage and publication by post- ing as provided by law. APPROVED: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IREN7 VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY F14 WITH THE CITY CLE K: October 23, 1980 PASSED BY THE CITY COU CIL: November 10, 1980 POSTED: November 12, 1980 EFFECTIVE DATE: November 17, 1980 -3- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON } ss: COUNTY OF SNOHOMISH IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 12 day of November , 19_Q, affiant posted true and correct copies of the attached Ordinance No. 2174, passed by the City Council on the 10 day of November , 19Ba, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 12 day of November , 198Q. 7/ SUBSCRIBED AND SWORN to before me this /i day of bAlNa are Puic in and for the State of Washington, residing at