Chief of police.
The chief of police of the city or his designated agent.
Employee.
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.
Licensee.
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.
Operates or causes to be operated.
To cause to function or to put or keep in operation. The following persons operate or cause to be operated a public dance hall:
(1) 
Owner or part owner;
(2) 
Licensee or applicant;
(3) 
A person who performs any of the following activities:
(A) 
Operates a cash register, cash drawer or other depository on the premises;
(B) 
Displays or takes orders from any customer for any merchandise, goods, entertainment or other services;
(C) 
Delivers or provides to any customer any merchandise, goods, entertainment or other services that are offered on the premises; or
(D) 
Acts as a door attendant to regulate entry of customers or other persons into the business; and
(4) 
A person who supervises or manages other persons in the performance of any of the activities in subsection (3) above.
Operator.
One who operates or causes to be operated as defined herein.
Public dance.
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.
Public dance hall.
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:
(1) 
Violated or is not in compliance with section 4-4-3 or 4-4-4 of this article on three (3) or more occasions within any six-month period;
(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)