The chief of police of the city or his designated agent.
Any person who renders any work or service in the scope of
employment, or pursuant to a contract as a contractor, for a public
dance hall.
A person in whose name a license to operate a public dance
hall has been issued, as well as the individual listed as an applicant
on the application for a license.
To cause to function or to put or keep in operation. The
following persons operate or cause to be operated a public dance hall:
Owner or part owner;
Licensee or applicant;
A person who performs any of the following activities:
Operates a cash register, cash drawer or other depository on
the premises;
Displays or takes orders from any customer for any merchandise,
goods, entertainment or other services;
Delivers or provides to any customer any merchandise, goods,
entertainment or other services that are offered on the premises;
or
Acts as a door attendant to regulate entry of customers or other
persons into the business; and
A person who supervises or manages other persons in the performance of any of the activities in subsection (3) above.
One who operates or causes to be operated as defined herein.
Any dance or ball to which admission can be had by payment
of a fee, or by the purchase, possession or presentation of a ticket
or token, or in which a charge is made for caring for clothing or
other property, or any other dance to which the public generally may
gain admission with or without payment of a fee.
Any room, place or space available to the general public
where dancing by patrons or customers is permitted.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-16)
Any person, firm, corporation or business entity violating this
article shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00).
Each continuing day’s violation under this section shall constitute
a separate offense. The penal provisions imposed under this section
shall not preclude the city from filing suit to enjoin the violation.
This section is cumulative of other provisions, and the city retains
all legal rights and remedies available to it pursuant to local, state,
and federal law.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-24.5)
(a)
All
public dance halls shall be kept at all times in a clean, healthful,
sanitary, and well-lighted condition, and all rooms connected therewith
shall be kept available for inspection during all hours of operation.
Any member of the police department who observes conditions not in
conformance with this subsection shall contact a person who operates
or caused to be operated the public dance hall, inform them of the
nonconforming condition, and provide such person with a reasonable
opportunity to correct the condition. It shall be unlawful for any
operator of said public dance hall to fail to correct the nonconforming
condition after notice and reasonable opportunity to do so.
(b)
It shall
be unlawful for any operator of said public dance hall to permit any
intoxicated person (as defined at section 49.02, Texas Penal Code)
or any disorderly person (as defined at section 42.01, Texas Penal
Code) to enter, be, or remain in any such public dance hall.
(c)
It shall
be unlawful for any operator of said public dance hall to allow disorderly
conduct or public lewdness to continue in such public dance hall after
the operator has received notice and reasonable opportunity to take
remedial action. Formal notice shall not be a prerequisite to prosecution
under this article if circumstances clearly demonstrate that an operator
has been put on notice, had reasonable opportunity to remedy the situation,
and failed to do so.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-24.3)
All public dance halls shall close and not operate between the
hours of 2:00 a.m. and 7:00 a.m., and additionally, on Sundays, such
dance halls shall remain closed between 2:00 a.m. and 12:00 noon.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; Ordinance 2001-22, sec. 3, adopted 5/8/01; 1957
Code, sec. 15A-24.4)
It shall be unlawful for any person, firm, association of persons,
or corporation to operate or cause to be operated a public dance hall,
as herein defined, within the corporate city limits, unless the public
dance hall is currently licensed as provided hereunder. The license
shall be issued by the department of billing and collection, and the
fee therefor shall be paid at the time of the issuing of the license.
An annual license fee for each public dance hall shall be required
in the amount of twenty dollars ($20.00).
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-17)
All licenses issued under this article shall expire on December
31 of each year and shall be renewable annually. The fee for any license
issued after January 1 of any year shall be prorated on the basis
of the effective duration of the license. There shall be no refund
of any license fee paid hereunder for any cause or reason whatsoever.
The license for any public dance hall licensed as of the effective
date of this amendment will remain valid through December 31, 2001,
although all other amendments to this article shall apply immediately
when the ordinance goes into effect.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-18)
No license for a public dance hall shall be issued until it
shall be found by inspection that such hall complies with and conforms
to the health and fire regulations of the city, and that it is properly
ventilated and supplied with sufficient toilet conveniences and is
a safe and proper place for the purpose for which it is used, as determined
by applicable regulations heretofore or hereafter adopted by the city,
state or federal government.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-19)
In order to secure a license hereunder, the applicant shall
file with the chief of police a written application, under oath, containing
the following information:
(1)
The
location by street and number of the public dance hall, the size thereof,
and the name and address of the applicant;
(2)
If
the applicant is an individual, information sufficient to identify
the applicant and determine the applicant’s residency; and whether
or not the applicant has ever been convicted of a felony or misdemeanor
other than a class C misdemeanor traffic offense and, if so, the nature
of the offense. Each applicant for a public dance hall license shall
submit to the records division of the police department a request
for a complete criminal history check to be performed by the state
department of public safety, and shall be fingerprinted for identification
and criminal history check purposes, and there shall be a fee of ten
dollars ($10.00) paid to the city police department for a criminal
history report from the state;
(3)
If the applicant is a firm, association, or partnership, all of the information prescribed in subsection (2) of this section as to each individual composing the firm, association or partnership;
(4)
If the applicant is a corporation, a statement that the applicant is organized and chartered under the laws of the state, or, if a foreign corporation, that such corporation is licensed to do business in the state, and the same information with reference to the operator or person in charge of such public dance hall shall be given as prescribed in subsection (2) of this section; in addition thereto a sworn list of the officers, directors and stockholders of such corporation shall be given; and
(5)
Occupation
or employment of the applicant for a period of five (5) years next
preceding the filing of this application.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; Ordinance 2004-30, sec. 1, adopted 8/10/04; 1957
Code, sec. 15A-20)
It shall be unlawful for the applicant to furnish any misrepresentation or misinformation in the application required herein. Any such misrepresentation or misinformation shall, in addition to all other penalties prescribed by law, be sufficient cause for the revocation or denial of the license provided herein and shall subject the public dance hall to immediate closing by the chief of police, subject to the right of appeal provided at section 4-4-40.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-21)
The license herein provided for shall state on its face to whom
it is issued, the expiration date and the address and location of
such public dance hall. It shall be signed and sealed by the authorized
personnel in the billing and collection department and posted by the
licensee in a conspicuous place at or near the entrance to such public
dance hall in such a place and position that it may be easily read
by anyone at any time.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-22)
No license issued under the provisions of this article shall
be transferred unless approved by the chief of police of the city
in the same manner as required for an original application.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-23)
The chief of police shall suspend, subject to the right of appeal provided in section 4-4-40, a public dance hall license for a period not to exceed thirty (30) days if it is found by the chief of police that the public dance hall has been operated or caused to be operated in violation of one or more of the following provisions:
(2)
Engaged
in excessive use of alcoholic beverages while on the public dance
hall premises;
(3)
Refused
to allow an inspection of the public dance hall premises as authorized
by this article; or
(4)
Demonstrated
an inability to operate or manage the public dance hall in a peaceful
and law-abiding manner thus necessitating action by law enforcement
officers. Evidence of this ground for suspension shall consist of
a pattern of arrests for disorderly conduct, intoxication offenses,
lewd conduct, narcotics violations, and other breaches of the public
peace.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-24)
(a)
The chief of police shall revoke a license, subject to the right of appeal provided at section 4-4-40, under the following circumstances:
(1)
A cause of suspension described in section 4-4-38 occurs and the license has been suspended within the preceding twelve (12) months;
(2)
A licensee gave false or misleading information in the material submitted
to the chief of police during the application process;
(3)
One who operates or causes to be operated a dance hall has knowingly
allowed possession, use, or sale of a controlled substance on the
premises;
(4)
One who operates or causes to be operated a dance hall has knowingly
allowed prostitution on the premises;
(5)
One who operates or causes to be operated a dance hall knowingly
operated the public dance hall during a period of time when the licensee’s
license was suspended;
(6)
One who operates or causes to be operated a dance hall has knowingly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation,
or sexual contact to occur in or on the public dance hall premises.
The term “sexual contact” shall have the meaning as defined
in section 21.01, Texas Penal Code;
(7)
One who operates or causes to be operated a dance hall is delinquent
in payment to the city for ad valorem taxes or sales taxes related
to the public dance hall after ten (10) days’ prior written
notice and a failure to discharge the tax delinquency; or
(8)
One who operates or causes to be operated a dance hall fails to obtain
a required occupancy permit, alcoholic beverage code permit or license,
or required health department license or permit after ten (10) days’
notice of such violation and a failure of the licensee to correct
such violation.
(b)
The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(c)
When
the chief of police revokes a license, the revocation shall continue
for one (1) year and the licensee shall not be issued a public dance
hall license for one (1) year from the date revocation became effective.
If, subsequent to revocation, the chief of police finds that the basis
for the revocation has been corrected or abated, the applicant may
be granted a license if at least ninety (90) days have elapsed since
the date the revocation became effective.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-24.1)
(a)
If
the chief of police denies the issuance of a license, or suspends
or revokes a license, the licensee shall have a right of appeal.
(b)
The
chief of police shall send to the applicant or licensee, by personal
delivery or certified mail, return receipt requested, a written notice
of the proposed action to be taken and the reasons for the proposed
action to be taken. In the case of a suspension or revocation of an
existing license, such written notice shall also be posted upon the
business premises.
(c)
The applicant or licensee may, not later than ten (10) calendar days after receiving the notice prescribed in subsection (b), file with the chief of police a written request for an appeal. The filing of an appeal stays the action of the chief of police in suspending or revoking a license, or denying an application to continue the operation of the business, until the city manager or a panel appointed by the city manager makes a final decision.
(d)
The
chief of police shall notify in writing the city manager and the city
attorney of the appeal. The city manager shall set a date for the
hearing of said appeal before the city manager or a panel appointed
by the city manager within thirty (30) days of receipt of the appeal
and provide notice of such hearing to the applicant or licensee at
least ten (10) days prior to the hearing.
(e)
At
a hearing on an appeal, the city manager or panel appointed by the
city manager shall hear and consider evidence offered by any interested
person, including the applicant, chief of police, or their representative.
The applicant shall have the burden of proof; however, the formal
rules of evidence do not apply. Disputes of fact shall be decided
on the basis of substantial evidence. The decision of the city manager
or panel appointed by him shall be final, subject to prompt judicial
review by a state or federal court with jurisdiction.
(f)
An
appeal to the state or federal court with jurisdiction must be filed
within thirty (30) days after the order of the city manager or panel
appointed by the city manager is approved by written order. The licensee
shall bear the burden of proof in court pursuant to the substantial
evidence rule.
(Ordinance 2001-15, sec. 2, adopted 4/10/01; 1957 Code, sec. 15A-24.2)
A license for a dance hall may be denied, revoked or suspended if the applicant or operator is convicted of a crime that directly relates to the duties and responsibilities of the operator of a dance hall as provided in section 4-1-1 and guidelines adopted by the city manager on file for public inspection in the office of the city secretary. To the extent permitted by law, if any other provisions related to a dance hall license are in conflict with this section, this section shall control.
(Ordinance 2008-03, sec. 7, adopted 2/12/08)
