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CC - 09-02-60 - Special Meeting• CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA Minutes of September 2, 1960 A special meeting of the City Council of the City of Rosemead was held in the Council Chambers, 3954 North Rosemead Boule- vard. The meeting was called to order at 6:52 o'clock p.m. . by Mayor Andersen. In compliance with Government Code Section 54956, written notice of such meeting was mailed to the Alhambra Post Advocate the only newspaper which has requested written notice, and also to all the Councilman. 1. The Pledge of Allegiance was led by Mayor Andersen. The Invocation was given by Councilman Stead. 2. Present: Councilmen: Andersen, Jackman, Lowrey, Phinney, Stead. Absent: Councilmen: None. Ex officio: Farrell, Watson, Stump, Phillips. 3. There were no minutes for approval. 4. SCHOOL CROSSING GUARD SERVICE: Due to the fact that Resolution No. 60-39 had been changed somewhat in form the California Highway Patrol requested that the Resolution submitted by them but not changed in form or content. This Resolution was adopted in compliance with the California Highway Patrol's request. It was moved by Lowrey, second by Phinney, and unanimously carried that Resolution 60-36 as written before be rescinded and the new Resolution No. 60-59 be adopted. 5. DANCING PERMITS: Mayor Andersen stated that this meeting has to do with the considering of dancing and entertainment in the City of Rosemead. This matter came up several weeks ago and has grown and grown, and it is time for it to be decided. Attorney Watson stated that the Council had been given copies of ordinances from various cities pertaining to dancing and entertainment in their respective cities. Attorney Watson further stated that at present Rosemead is under the Los Angeles County's Ordinance No. 5860 which • permits dancing and entertainment in places licensed by the Alcoholic Beverage Control Board. Various alternatives stated by Attorney Watson were as follows: 1) Rosemead is now under the hearing officer procedure, a) could restrict entertainment, but would still require licensing. b) would prohibit dancing in certain establishments. 2) El Monte's ordinance has various regulations placed on Cabaret dancing. 3) Burbank's ordinance prohibits all dancing except in a "dine and dance" restaurant. 4) Whittier's ordinance prohibits all dancing without respect to the service of alcoholic beverages. Mayor Andersen advised the Council that Lt. Broadus and Sgt. Kinsman from the Los Angeles County Sheriff License Detail were present. He further pointed out that the Council will give everyone in the audience an opportunity to speak. s . • • CA Farrell read in full a communication from Paul Augustine, Jr., an attorney representing nine bar owners in the city The following people addressed the Council favoring dancing places where alcoholic beverages are served. Mr. Kenneth McHenry, 9151 East Valley Blvd. Mrs. Battaglia, Club Suzanne, 9640 East Valley Blvd. Loretta Maddox, Brass Lamp, 9134 East Valley Blvd. Elma Castle, Larry's Cafe, 9424 East Valley Blvd. Mr. Battaglia, Club Suzanne, 9640 East Valley Blvd. Pat Cirullo, Rose Room, 8772 East Valley Blvd. Albert Phillips, The Hut, 9236 East Valley Blvd. Harry Tullar, 8919 East Bentel Avenue The following persons addressed the Council opposing dancing where alcoholic beverages are sold. Mr. Whitney Booth, 9318 East Guees St. Lloyd Walters, 4211 North Rio Hondo Avenue Rafael Galceran, Sr., 3944 North Rosemead Blvd. Rev. John Dew, Baptist Church Alice Ferl, 8652 East Admond Drive Mrs. Martin, 3723 North Rio Hondo Avenue The following persons addressed the Council favoring the best interests of the community. Richard Sharpe, 9019 East Newby Avenue Jack Horning, 9254 East Marshall St. Thelma McComb, 8602 East Edmond Drive It was moved by Lowrey, second by Jackman and unanimously carried that the audience participation in this discussion be consluded at this time. Councilman Lowrey stated that businesses licensed by the Alcoholic Beverage Control Board are legitimate business and we need to regulate, but not take away. Councilman Phinney stated he would like to have a committee made up of Lloyd Walters, Harry Tullar and Jack Horning consider the data and report through the City Administrator. Councilman Stead referred to Mr. Augustine's letter once again and would like to see this matter on the ballot to let the people express themselves. Councilman Lowrey stated this is the responsibility of the Council and does not need to be on the ballot. • Councilman Jackman expressed his views that it is the Council's responsibility, and also that the bar owners expressed their desire to work with the Council to maintain orderly conduct in their businesses. Councilman Phinney asked the City Administrator what an election would cost and what would the procedure be. CA Farrell answered that the cost would be somewhere in the • vicinity of $8U0.00 to $1,000.00. Attorney Watson explained they would adopt a resolution and proposed ordinance to be placed on the ballot. It was moved by Andersen, second by Stead that no dancing shall be held, engaged in, or participated in at any place or premises licensed by the State Alcoholic Beverage Control Board except non-profit and fraternal organizations. - 2 - • After a short discussion a substitute motion was made by Phinney, seconded by Lowrey that our City Attorney draw up a proposed ordinance to go before the people of Rosemead on the ballot, following along the lines of the Municipal Code of the City of Burbank. Attorney Watson recognized the substitute motion as being in order. • After a short discussion the roll call vote on the substitute motion was as follows: Ayes: Andersen, Lowrey, Phinney, Stead. Noes: Jackman. Absent: None. It was moved by Lowrey that we reconsider the previous motion. Motion died for lack of a second. At this time Attorney Watson read some of the conditions in the Burbank Ordinance and the following changes were made. It was moved by Phinney, second by Jackman and unanimously carried that we insert a seating capacity of 60 persons instead of 200 persons in Section 7504B. it was moved by Stead, duly seconded and unanimously carried that the dance floor be 200 feet instead of 400 feet in Section 7504C. It was moved by Stead, second by Lowrey and unanimously carried that there be an exception added for non-profit organizations and fraternal clubs. Mayor Andersen declared a 10 minute recess at this time for the Attorney to draw up this ordinance and resolution. Meeting reconvened at 10:15 o'clock p.m. Attorney Watson explained the resolution as presented to the Council and also defined "Dine and Dance Restaurant" from the Burbank Code. It was moved by Jackman that we reconsider this resolution and proposed ordinance. Motion died for lack of a second. Attorney Watson read in full Resolution No. 60-6o. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDERING, CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 8, 1960, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF SAID CITY A PROPOSAL REGULATING PUBLIC DANCING IN CERTAIN ESTABLISHMENTS WITHIN THE CITY OF • ROSEMEAD AND REQUESTING THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY TO CONSOLIDATE SAID ELECTION WITH THE GENERAL STATEWIDE ELECTION TO BE HELD ON SAID DATE. It was moved by Phinney, second by Stead, that we adopt Resolution No. 60-60. Roll call vote as follows: Ayes: Andersen, Phinney, Stead. Noes: Jackman. Absent: Lowrey. It was moved by,Mayor Andersen and unanimously carried that the meeting adjourn. Meeting adjourned at 10:27 o'clock p.m. MAYOR CITY CLERK - 3 -