For the purpose of this article, a private club is defined
as any association, person, firm or corporation, key club, bottle
club, locker club, pool club or any other kind of club or association,
excluding the general public from its premises or place of meeting
or congregating or operating or exercising control over any other
place where persons are permitted to drink alcoholic beverages other
than in a private home.
Whenever the term "stockholders" is used in this article,
it shall apply only to those stockholders who receive, or whose rights
as a stockholder are ordinarily intended to cause him to receive,
a financial return on his stock.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.101)
It shall be unlawful for any association, person, firm, or corporation
to maintain or operate any private club for the purpose of selling,
bartering, or giving away any alcoholic beverage after the enactment
of this article without first obtaining a special use zoning permit
as approved by the city council.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.102)
Any applicant for a license for a private club shall file with
the zoning administrator true copies in duplicate of the articles
of incorporation and bylaws, if the applicant be a corporation; true
copies of any articles of association and bylaws, if the applicant
be an association; and a list of the officers, directors, owners,
and managers of said club and stockholders.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.103)
If changes occur in the aforesaid officers, directors, stockholders,
owners or managers of any private club after filing of their names
with the zoning administrator as aforesaid at any time during the
year, said applicant shall furnish such changes in writing in duplicate
on the forms provided by said zoning administrator one (1) week after
their occurrence.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.104)
The zoning administrator shall forward one (1) copy of said
list of officers, directors, stockholders, owners, and managers to
the chief of police, who shall cause a check to be made of any criminal
record of any of the persons named therein and report in writing thereafter
to said zoning administrator as to his findings.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.105)
No person shall be eligible to election or to serve or act,
in any private club subject to this article, as an officer, director,
stockholder, owner or manager, or to direct any policy thereof who
has been convicted of any felony or of violating any of the gambling
or prohibitory laws of the state or any other state, or the United
States, including those heretofore in effect; or who has been convicted
of violation of any of the gambling or prohibitory liquor ordinances
of any city in the state. Provided, that any person holding such a
position in any private club licensed under this article and operating
at the time of its enactment shall not be subject to this article
as to the position he holds at the time of such enactment.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.106)
It shall be unlawful for any private club or any officer, director,
stockholder, owner or manager thereof licensed pursuant to the provisions
of this article to violate any of the provisions of the Texas alcoholic
beverage law or any of the laws of the state, or knowingly permit
the violation thereof on any premises subject to the control of said
private club.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.107)
No private club as defined herein shall be licensed to operate
within three hundred feet (300') of a church, public school or public
hospital. The measurement of the distance shall be along property
lines of the street fronts and from front door to front door, and
in direct line across intersections.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.108)
The right of entry and inspection of any premises subject to
the control of any private club by any officer or agent of any department
of the city charged with the enforcement of the provisions hereof
shall be a condition on which every license shall be issued, and the
application for, and the acceptance of any license hereunder shall
conclusively be deemed to be consent of the applicant and licensee
to such entry and inspection.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.109)
Membership in any private club subject to this article shall
be regulated by articles or bylaws. Upon election to membership in
any private club, a membership card shall be issued to the member
and his name enrolled on a list of members, which shall be kept on
the premises of every private club and be subject to inspection at
all times. Said list of members shall show the full name of the member,
his address, and the dates of his application for membership and election
to membership. The bylaws or articles may provide for temporary membership
for nonresidents of the city temporarily present in the city, as members
of another organization holding a meeting in the city. Said temporary
membership shall extend to all members of the organization affected.
Said temporary membership shall be effected by notice in writing to
the presiding officer of the organization meeting in the city, limiting
the time of temporary membership to the time the organization shall
meet in the city. A copy of said notice shall be filed with the zoning
administrator. Any convention badge or identification of membership
in the visiting organization selected by the private club shall serve
as the temporary membership card.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.110)
It shall be unlawful to permit any person under the age of eighteen
(18) years in or on that part of the premises subject to the control
of any private club where persons are permitted to drink alcoholic
beverages unless accompanied by and in custody of one (1) of his parents
or guardian.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.111)
A separate license must be obtained for each branch established
or separate place operated by any private club and each license shall
authorize the operation of a private club only at the location described
in such license and in conformity with the ordinances of the city
or the laws of the State of Texas and the United States, and no license
shall be transferable to another person, firm, association or corporation
or to any other location.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.112)
Every private club having a license under the provision of this
article shall place and exhibit it in some conspicuous place in the
premises licensed and shall produce or exhibit the same when applying
for a renewal thereof.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.113)
(a)
Every
private club licensed or any applicant for a private club license
pursuant to this article shall be subject to all other ordinances
of the city, including, but not limited to, the applicable provisions
of the building code, fire prevention code, health regulations, zoning
ordinances, food handling ordinances and restaurant ordinances.
(b)
The
penalties provided for in this article shall be subject to limitations
of the legislative act known as the "Texas Alcoholic Beverage Code";
and if there is any conflict between the penalties of this article
and the state law, then to that extent the state law shall control
and the municipal court of the City of DeSoto shall have jurisdiction
of any offense under this article and under the state law only where
the constitution and general laws of this state confer such jurisdiction
thereon.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.114)
Any person violating any provision of this article shall be subject to a fine in accordance with the general penalty provision found in Section 1.106 of this code. In addition to any other penalty imposed pursuant to the provisions of this code, the city license may be revoked by the judge of the municipal court or by the city council or by a court of competent jurisdiction.
(1995 Code of Ordinances, Chapter 4, Article 4.100,
Section 4.115)
