Loading...
HomeMy WebLinkAboutResolution No. 3928 RESOLUTION NO. 3928 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING A DANCE PERMIT TO JAMMERS' JUNCTION WHEREAS, pursuant to the provisions of Chapters 4 and 5 of Article VI of the Downey Municipal Code, William E. Darrow, as the owner of a business called Jammers' Junc- tion, made application for a permit to allow dancing at the premises; and WHEREAS, the Chief of Police, after conducting the investigation required by Section 6403 of the Downey Municipal Code, determined that the applicant proposed to engage in an enterprise which would be detrimental to the pub- lic peace, health, safety, morals and welfare of the City and its inhabitants by reason of the nature of the business and the manner in which the business was proposed to be con- ducted; and WHEREAS, pursuant to the provisions of Section 6404 of the Downey Municipal Code, the applicant appealed the de- cision of the Chief of Police to the City Council; and WHEREAS, the City Council on February 24, 1981, held a hearing on the appeal of said applicant, and after hearing the report of the Chief of Police for the reasons of the denial, heard testimony from the applicant and others as to the reasons for and against the issuance of the permit; and WHEREAS, thereafter the hearing was concluded and the City Council took the matter under submission, NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, FIND AND DETERMINE AS FOLLOWS: -1- RESOLUTION NO. 3928 SECTION 1. 1. That the applicant previously had a permit (now revoked) and conducted public dances at 11010 South Paramount Boulevard (hereinafter premises) in the City of Downey. 2. That noise from the dance music on the premises bothered the neighbors to such an extent that it constituted an interference with the rights of the neigh- bors to use their properties and created a nuisance on and to the properties. 3. That patrons going to and leaving the premises created disturbances upon the premises and on the private property of residences in the area and on the public streets in the area and conducted themselves in a manner so as to interfere with the use and enjoyment by residents in the area of their own property. 4. That the premises for which the public dance permit is sought at 11010 South Paramount Boulevard are in close proximity to residential areas. 5. That the parking at the premises is not ade- quate to handle the crowds that are attracted by the hold- ing of dances at the premises, and parking occurs on nearby privately owned parking lots and throughout the surrounding residential area, creating disturbances at late night and early morning hours. While the premises were operated under the dance permit and dances were held, there was required an excessive number of Police responses to the premises in order -2- RESOLUTION NO. 3928 to maintain the peace and quiet of the neighborhood. 6. That the manner in which the premises were operated under the dance permit was a danger to and an interference with, and a disturbance of the public peace, health, safety and general welfare of the City and its inhabitants. 7. That although certain physical improvements as to lighting on the premises and in the parking area have been made, such improvements will not cure the prob- lems created by the patrons using the premises. 8. That the owner has stated that he cannot con- trol the activities of patrons who have left his premises, nor control their activities upon the surrounding residen- tial property. 9. That since the premises have been operated as a bar and restaurant without dancing permitted, there have not been the disturbances in the neighborhood that existed during the previous time a dance permit was in effect. By reason of the foregoing findings, the City Council concludes that to conduct public dancing on said premises would be detrimental to the public peace, health, safety, morals and welfare of the City and its inhabitants by reason of the nature of the business and the manner in ii which the business is proposed to be conducted; the de- cision of the Chief of the Police of the City of Downey to deny the issuance of the permit is affirmed and the appeal is denied. -3- • RESOLUTION NO. 3928 SECTION 2. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 10th day of March , '■•■ 1981. , r _ y il 6 (6 -lea , -.) - 1 . ,4 ---- — Theodore H. Jackman, Mayor ATTEST: ".)/ , / CITY CLERK I HEREBY CERTIFY that the foregoing Resolution No. 3928 was approved and adopted by the City Council of the City of Downey at a regular meeting held on the 10th day of March , 1981, by the following vote, to wit: AYES: 5 Councilmen: Swearingen, Mackaig, Quinn, Cormack, Jackman NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ' r e �- CI CLERK '''Lli 7 -4-