Signal Hill Municipal Code Ch. 5.28 Social Clubs

"Social club," within the meaning and application of this chapter, means and includes every philanthropic, eleemosynary, or fraternal corporation, association, or organization, voluntary, cooperative or otherwise, organized and maintained for the promotion of literature, science, politics, good fellowship, philanthropy, or for the social or physical welfare, benefit or amusement of the membership, which operates and functions upon a nonprofit basis, or in which the profits inure to the benefit of all the members of such corporation, association, or organization, and which maintains a clubroom or clubhouse to which the membership may resort for recreation, amusement or social intercourse and wherein intoxicating liquor is sold, purveyed, or consumed or wherein dancing is carried on, maintained, or allowed, or wherein card games and card playing are conducted or played or allowed.

(Prior code § 5.20.010 (Ord. 368 § 1, 1953)))

It is unlawful for any person, association, or corporation or his, their, or its employees to maintain, conduct, or operate a social club in the city without a permit first being obtained from the director of finance of the city on application presented to and approved by the city council. Each day shall be and constitute a separate offense.

(Prior code § 5.20.020 (Ord. 543 § 10 (part), 1963; Ord. 368 § 2, 1953))

A. Any person, association, or corporation desiring a permit to conduct a social club in the city shall make application therefor to the city council on forms to be provided by the director of finance, which application shall state the following:

• 1. The name of the club;
• 2. The date of its organization;
• 3. Its address or the proposed location of its clubrooms;

4. The names and addresses of all persons interested in the ownership thereof if privately owned, or the names and addresses of all officers and trustees if the property is held for the entire membership;

• 5. The purpose for which the club is organized;
• 6. The name and address of a designated person upon whom notices may be served;
• 7. A copy of the club's articles of incorporation, if any;
• 8. A copy of its bylaws and charter; and
• 9. Such other and further pertinent information as the city council may require.

B. The application shall be duly verified under oath.

C. An investigation fee of fifty dollars shall be paid to the director of finance at the time such application is filed and such fee shall not be returnable to the applicant.

(Prior code § 5.20.030 (Ord. 543 § 10 (part), 1963; Ord. 368 § 3(a), 1953))

On receipt of such application, the director of finance shall at once refer the same to the chief of police for investigation. The chief of police shall investigate the facts stated in the application and within sixty days after the same has been filed with the director of finance shall return the application to the director of finance with his report showing the police record, if any, of the proposed location of clubrooms and of the individuals, officers, or trustees named in the application, together with his recommendation regarding the granting of or refusal of a permit.

(Prior code § 5.20.040 (Ord. 543 § 10 (part), 1963; Ord. 368 § 3(b), 1953)

The director of finance shall thereupon transmit such application, together with the report and recommendation of the chief of police to the city council for hearing, and shall forthwith notify the applicant of the time and place of such hearing, which shall be held before the city council within ninety days from the date of filing of the application for permit with the director of finance. At such hearing, if the city council shall determine from the application and the report and recommendation of the chief of police, or from other information and evidence furnished to it, that such club is a bona fide social club, organized and conducted for a lawful purpose, and that the persons interested in the ownership and operation thereof, and the officers and trustees of such club are law-abiding persons and persons who will operate and conduct such club in a lawful manner, and that the public peace, welfare, and safety of the people of the city will not be impaired, such application shall be approved and such permit shall be granted. Otherwise, it shall be denied. No permit shall be assigned or transferred.

(Prior code § 5.20.050 (Ord. 543 § 10 (part), 1963; Ord. 368 § 3(c), 1953))

All permits issued under this chapter shall be subject to all regulations and ordinances adopted by the city, and nothing contained in this chapter shall be construed to create any vested right in any person, association, or incorporation to the assignment, renewal, reissuance, or continuance of any permit, and such rights shall be and remain at all times vested in the city council, and the city council may, as provided in this chapter, suspend or revoke and cancel any permit for fraud or misrepresentation in its procurement, or for a violation of any of the provisions of this chapter or of any other ordinance of this city or any state or federal statute relating to gambling or the sale of intoxicating liquors, committed or permitted on the premises of the permittee by his, their, or its officers or employees or by any member of the club, or any other conduct or act of the permittee or his, their or its officers or members, or permitted by them, tending to render such premises a common nuisance or a menace to the health, peace, morals, or general welfare of the city, or whenever in the judgment of the city council the public interest demands such revocation or suspension.

(Prior code § 5.20.080 (Ord. 368 § 6 (a), 1953))

Whenever the city council receives evidence which it deems to be satisfactory that any permittee or his, their or its officers, employees, or members have caused, committed, or allowed any act provided by Section 5.28.060 to be grounds for the suspension or revocation of any permit issued under this chapter, the city council may, by written notice served upon the permittee, by serving the person designated in the application for permit for service of notices, temporarily suspend such permit, pending a hearing on the permanent suspension or revocation of such permit, which hearing is to be held not more than ten days after notice of such temporary suspension.

(Prior code § 5.20.090 (Ord. 368 § 6(b), 1953))

Notice of hearing on any suspension or revocation shall be given in writing, and served at least five days prior to the date of hearing thereon. Such service shall be upon the person designated in the application for permit for service of notices, and such notice shall state the grounds of complaint against the permittee, and the time when, and the place where such hearing will be had. Deposit of such notice in a United States mail box in a correctly addressed stamped envelope shall constitute service.

(Prior code § 5.20.100 (Ord. 368 § 6(c), 1953))

The hearing or investigation by the city council shall be informal, and the formal rules of evidence shall not apply. Nothing shall operate to prevent the city council from considering any evidence developed during the hearing or investigation touching or concerning the fitness of the permittee to retain the permit. If on such hearing or investigation the city council finds that sufficient cause exists for the suspension or revocation of the permit, the same may be suspended for any period the city council deems proper under the circumstances or it may be revoked. Such action shall be by majority vote of the city council on motion entered in its minutes. A copy of the determination of the city council shall be served upon the permittee by serving the person designated in the application for permit for service of notices in the same manner as that provided in Section 5.28.080 for service of notice of hearing.

(Prior code § 5.20.110 (Ord. 368 § 6(d), 1953))

No person whose permit has been revoked or suspended pursuant to this chapter shall engage in or carry on any business or do any act permitted to be done pursuant to such permit during the period of suspension, or after revocation thereof until a new permit has been granted.

(Prior code § 5.20.120 (Ord. 368 § 6(e), 1953))

Whenever a permit shall have been revoked under the terms of this chapter, no other application for a permit to maintain, operate, or conduct a social club in the city by such permittee shall be considered for a period of one year from the date of such revocation.

(Prior code § 5.20.130 (Ord. 368 § 6(f), 1953))

Every social club operating in the city shall pay to the city the license fee as provided by Chapter 5.04. Permits and licenses granted under this chapter shall be nontransferable as to holders or locations of clubrooms. In case any other business is carried on in connection with such club, which business is regularly licensed under the ordinances of the city, such business shall be also subject to the regulations and fees provided by ordinance.

(Prior code § 5.20.160 (Ord. 368 § 9, 1953))

A. No person, as principal, agent, employee, member, or otherwise, shall carry on, maintain, conduct, or engage in any dance or dancing in any social club in this city between the hours of two a.m. and six a.m., except on New Year's Eve; provided, however, any social club desiring to hold, conduct, or maintain any dance between the hours of two a.m. and six a.m. may file a written request with the chief of police for permission to conduct a dance between such hours at least forty-eight hours previous to the holding of such dance. If the chief of police determines from such request that the public welfare, peace, and order will not be disturbed, he may give his written permit for such special dance to be held between such hours.

B. No person, as principal, agent, employee, member, or otherwise, shall carry on, maintain, conduct or engage in any card game or cardplaying in any social club in the city between the hours of two a.m. and six a.m.

(Prior code § 5.20.070 (Ord. 368 § 5, 1953))

The clubrooms of all social clubs operated and conducted in accordance with the provisions of this chapter shall be at all times, when open to its membership, subject to police inspection by members of the police department of the city in the pursuit of their official duties; and it is unlawful for any person to hinder or obstruct any such authorized police officer in making such inspection.

(Prior code § 5.20.060 (Ord. 368 § 4, 1953))

A. Every permittee under the provisions of this chapter shall keep at its clubroom in the city a register of its members and guests, which register shall be a substantially bound book not less than nine inches in length and not less than seven inches in width, with the pages thereof lined for the registration of members and guests.

B. No member or guest shall be admitted to any use of the clubrooms or participation in the club facilities until he has registered in such book, and such registration shall show the name, address, and occupation of such member or guest. A member need not register more than once during the period of his membership; provided, however, he shall reregister in the event of any change of address or occupation. It is unlawful for any person to register any false or fictitious name or any name or address other than the true name of such person.

C. It shall be the duty of every permittee, and of every employee, manager, agent, or officer of such permittee to display and exhibit such register to any police officer of the city in the pursuit of his official duties on the demand, oral or written, of such police officer.

(Prior code § 5.20.140 (Ord. 368 § 7, 1953))

Any person aggrieved by the findings and determination of the city council after any hearing or investigation as provided in this chapter shall, within ten days from the date of service of notice thereof, take whatever legal steps he may deem necessary to appeal from or set aside such determination and order of the city council which shall otherwise become final within ten days after rendition thereof. Such suspension or revocation shall be effective unless and until the same shall be set aside.

(Prior code § 5.20.150 (Ord. 368 § 8, 1953))

The penalty for the violation of any provision of this chapter shall be as prescribed in Chapter 1.16.

(Ord. 586 § D (part), 1966: prior code § 5.20.170 (Ord. 368 § 10, 1953))