In this article:
Means the board of adjustment of the City of DeSoto, Texas,
which shall act as the appeals board for all purposes of this article.
Means a place where:
Means any place where dancing is permitted three days or
more a week.
Means any place where dancing is permitted less than three
days a week.
Means any place where dancing is scheduled one day at a time.
Means any place:
Means any place where dancing is permitted seven days a week
for persons from age 14 through age 18 only.
Means the status of a school during the fall or spring term
when students are required to attend the school.
Means a permit authorizing a licensee to operate a Class
A, B, C, or D dance hall until 4:00 a.m.
Means a permit to operate a dance hall.
Means a person in whose name a license to operate a dance
hall has been issued, as well as the individual listed as an applicant
on the application for a dance hall license.
Means an individual, partnership, corporation, association,
or other legal entity.
Means an association of persons for the promotion of some
common object, which operates not for a profit a place for the accommodation
of its members and guests only.
Means a public or private elementary or secondary school.
Means a state of dress in which clothing covers no more than
the genitals, pubic region, buttocks, and areola of the female breast,
as well as parts of the body covered by supporting straps or devices.
Means a state of dress in which any device or covering, exposed
to view is worn that simulates any part of the genitals, buttocks,
pubic region, or areola of the female breast.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.801)
(a)
A person
commits an offense if he operates a dance hall without a license.
(b)
An application
for a license must be made on a form provided by the chief of police.
The applicant must be qualified according to the provisions of this
article.
(c)
A person who wishes to operate a dance hall must sign the application for a license as applicant. If a person who wishes to operate a dance hall is other than an individual, each individual who has a twenty (20) percent or greater interest in the business must sign the application for a license as an applicant. Each applicant must meet the requirements of Section 4.606 and each applicant shall be considered a licensee if a license is granted.
(d)
It is
a defense to prosecution under this section that the actor is conducting
a dance at:
(e)
A person who obtains a valid sexually oriented business license is not required to obtain a dance hall license. A person who operates a dance hall that is also a sexually oriented business shall comply with the requirements and provisions of Article 4.1100 of this code, as well as the requirements and provisions of this article.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.802)
(a)
In this
article, "Business that serves or sells alcoholic beverages" means
a bar, lounge, tavern, liquor store use, or similar establishment.
(b)
No license
may be issued for a Class E dance hall under this section if the dance
hall will be located within one thousand (1,000) feet of a lawfully
existing business that serves or sells alcoholic beverages.
(c)
For
purposes of this section, measurements shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest entry door in the part of a building used as a Class E dance
hall to the nearest entry door in the part of a building used as a
business that serves or sells alcoholic beverages.
(d)
If on the effective date of this article, a business operating as a Class E dance hall is located within one thousand (1,000) feet of a business that serves or sells alcoholic beverages, then the business that was first lawfully established and continually operating at that particular location is deemed a conforming use and the later established business is deemed a nonconforming use. A nonconforming use is exempted from the location requirement of subsection (b) of this section for the first three license renewals after the effective date of this article, unless the use is sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. A nonconforming use may not be increased, enlarged, extended, or altered, except that the use may be changed to a conforming use.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.803)
(a)
A person
commits an offense if he operates or causes to be operated a Class
D dance hall within one thousand (1,000) feet of:
(1)
a
church, rectory, or church-related structure;
(2)
a
public, private or parochial elementary or secondary school, or a
school zone in which the speed of traffic is regulated by posted signs
during certain school hours;
(3)
a boundary of a residential district or historical district as defined in Article 4.1100 of this code.
(4)
a
public park, playground or recreation facility, library, daycare center,
nursery school or kindergarten; or
(b)
A person
commits an offense if he causes or permits:
(1)
the
operation, establishment, substantial enlargement, or transfer of
ownership or control of a Class D dance hall within one thousand (1,000)
feet of another Class D dance hall;
(2)
the
operation, establishment, or maintenance of a Class D dance hall in
a building, structure, or part of a building or structure containing
another Class D dance hall; or
(3)
the
increase of floor area of any Class D dance hall in any building,
structure, or part of a building or structure containing another Class
D dance hall.
(c)
For purposes of subsection (a) above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest part of the building or structure used as a part of the premises where a Class D dance hall is conducted, to the nearest property line of the premises of a church, rectory, or church-related structure, a public, private or parochial elementary or secondary school, or a school zone in which the speed of traffic is regulated by posted signs during certain school hours; a boundary of a residential district or historical district within one thousand (1,000) feet of the sexually oriented business; a public park, playground or recreation facility, library, daycare center, nursery school or kindergarten; or the property line of a lot devoted to a residential use.
(d)
For purposes of subsection (b) above, the distance between any two Class D dance halls shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each Class D dance hall is located.
(e)
Any Class D dance hall lawfully operating on the effective date of this article that is in violation of subsection (a) or (b) above shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed eighteen (18) months, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. The nonconforming use shall not be increased, enlarged, extended, or altered, except that the use may be changed to a nonconforming use. If a Class D dance hall is within one thousand (1,000) feet of another class D dance hall and otherwise in a permissible location, the Class D dance hall that was first established and continually operating at a particular location is the conforming use and the latter established Class D dance hall is the nonconforming use.
(f)
A Class
D dance hall lawfully operating as a conforming use is not rendered
a nonconforming use by the location, subsequent to the grant or renewal
of the Class D dance hall license, of a church, rectory, or church-related
structure, a public, private or parochial elementary or secondary
school, or a school zone in which the speed of traffic is regulated
by posted signs during certain school hours; a boundary of a residential
district or historical district within one thousand (1,000) feet of
the sexually oriented business; a public park, playground or recreation
facility, library, daycare center, nursery school or kindergarten;
or the property line of a lot devoted to a residential use, within
one thousand (1,000) feet of the Class D dance hall. This provision
applies only to the renewal of a valid license and does not apply
when an application for a license is submitted after a license has
expired or been revoked.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.804)
(a)
If the chief of police denies the issuance of a Class D dance hall license to an applicant because the location of the Class D dance hall is in violation of Section 4.604 of this article, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the chief of police a written request for an exemption from the locational restrictions of Section 4.604.
(b)
If the
written request is filed with the chief of police within the ten (10)
day limit, the board of adjustment shall consider the request. The
board of adjustment shall set a date for the hearing within sixty
(60) days from the date the written request is received.
(c)
A hearing
by the board may proceed only if all the board members are present.
The board shall hear and consider evidence offered by any interested
person. The formal rules of evidence do not apply.
(d)
The board may, in its discretion, grant an exemption from the locational restrictions of Section 4.604 if it finds that:
(1)
the
location of the proposed Class D dance hall will not have a detrimental
effect on near property or be contrary to the public safety or welfare;
(2)
the
granting of the exemption will not violate the spirit and intent of
this article;
(3)
the
location of the proposed Class D dance hall will not downgrade the
property value or quality of life in any adjacent area or encourage
the development of urban blight;
(4)
the
location of an additional Class D dance hall in the area will not
be contrary to any program of neighborhood conservation or interfere
with any efforts of urban renewal or restoration; and
(5)
all
other applicable provisions of this article will be observed.
(e)
The
board shall grant or deny the exemption by majority vote. Failure
to reach a majority vote shall result in denial of the exemption.
Any dispute of fact must be decided on the basis of a preponderance
of the evidence. The decision of the board is final.
(f)
If the board grants the exemption, the exemption is valid for one year from the date of the board's action. Upon the expiration of an exemption, the class D dance hall is in violation of the locational restrictions of Section 4.604 until the applicant applies for and receives another exemption.
(g)
If the
board denies the exemption, the applicant may not re-apply for an
exemption until at least twelve (12) months have elapsed since the
date of the board's action.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.805)
(a)
The
chief of police shall issue a license to an applicant within thirty
(30) days after receipt of an application unless the chief of police
finds one or more of the following to be true:
(1)
An
applicant is under eighteen (18) years of age.
(2)
An
applicant or an applicant's spouse is not of good moral character
and does not have a good reputation for being peaceable and law-abiding
in the community where the applicant or the applicant's spouse resides
or does business.
(3)
An
applicant or applicant's spouse is overdue in payment to the city
of taxes, fees, fines, or penalties assessed against or imposed upon
the applicant or the applicant's spouse.
(4)
An
applicant uses alcoholic beverages to excess.
(5)
An
applicant is physically or mentally incapacitated to an extent that
the applicant cannot operate a dance hall.
(6)
An
applicant has failed to answer or falsely answered a question or request
for information on the application form provided.
(7)
An
applicant or an applicant's spouse has been convicted of a violation
of a provision of this article, other than the offense of operating
a dance hall without a license, within two (2) years immediately preceding
the application. The fact that a conviction is being appealed shall
have no effect.
(8)
An
applicant is residing with a person who has been denied a license
by the city to operate a dance hall within the preceding twelve (12)
months, or residing with a person whose license to operate a dance
hall has been revoked within the preceding twelve (12) months.
(9)
The
license fee required by this article has not been paid.
(10)
An applicant or an applicant's spouse has been convicted of a crime;
(A)
involving:
(i)
any of the following offenses as described in Chapter 43 of the Texas
Penal Code:
(iii)
sexual assault or aggravated sexual assault as described in
Chapter 22 of the Texas Penal Code:
(iv)
incest, solicitation of a child, or harboring a runaway child
as described in Chapter 25 of the Texas Penal Code; or
(v)
criminal attempt, conspiracy, or solicitation to commit any of the offenses listed in subsection (a)(10)(A)(i) through (iv);
(B)
for which:
(i)
less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(ii)
less than five (5) years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(iii)
less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of
two (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four (24) month period.
(11)
An applicant has been employed in a dance hall within the preceding
twelve (12) months and has demonstrated an inability to operate or
manage a dance hall premises in a peaceful and law abiding manner.
(12)
Alcoholic beverages are possessed, consumed, or sold on premises
used or to be used by the applicant for a Class E dance hall.
(b)
The
fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or the applicant's spouse.
(c)
An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(10)(A) may qualify for a dance hall license only when the time period required by subsection (a)(10)(B) has elapsed.
(d)
The
license shall state on its face the name of the person to whom it
is granted, the expiration date, the address of the dance hall, and
whether it is issued for a Class A, Class B, Class C, Class D, or
Class E dance hall.
(e)
The
license, along with any late hours permit, shall be posted, in a conspicuous
place at or near the entrance to the dance hall so that it may be
easily read at any time.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.806)
(a)
A person
who is issued a Class A, Class B, Class C, or Class D dance hall license
may apply, on a form provided by the chief of police, for a late hours
permit. Upon receipt of the application and payment of the late hours
permit fee, the chief of police shall issue a late hours permit to
the applicant.
(b)
Once
issued, a late hours permit is considered a part of the license for
a Class A, Class B, Class C, or Class D dance hall and is valid only
when the dance hall license it accompanies is valid.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.807)
Non-refundable fees established by resolution of the city council
shall be charged for each license and late hours permit issued under
the terms of this article.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.808)
(a)
A person
without a late hours permit commits an offense if he operates a Class
A, Class B, Class C, or Class D dance hall between the hours of 2:00
a.m. and 7:00 a.m. Monday through Saturday, or between 2:00 a.m. and
12:00 noon on Sunday.
(b)
A person
with a late hours permit commits an offense if he operates a Class
A, Class B, Class C, or Class D dance hall between the hours of 4:00
a.m. and 7:00 a.m., Monday through Saturday, or between 4:00 a.m.
and 12:00 noon on Sunday.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.809)
(a)
Representatives
of the police, planning, fire, building and code services departments
may inspect the premises of a dance hall, for the purpose of insuring
compliance with the law, at any time it is open for business or occupied.
(b)
A person
who operates a dance hall or a person designated as the dance hall
supervisor commits an offense if he refuses to permit a lawful inspection
of the premises of a dance hall by a representative of the police
department or authorized representative at any time it is open for
business or occupied.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.810)
(a)
A person
who operates a dance hall must designate a person as dance hall supervisor
and register that person's name with the chief of police.
(b)
A person
designated dance hall supervisor must remain on the premises of the
dance hall during the time dancing is permitted and until thirty (30)
minutes after the end of the dance to insure that the dance is conducted
in an orderly manner.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.811)
(a)
No person
under the age of seventeen (17) years may enter a Class A, Class B,
or Class C dance hall unless accompanied by a parent or guardian.
(b)
A person
commits an offense if he falsely represents himself to be either a
parent or guardian of a person under the age of seventeen (17) years
for the purpose of gaining the person's admittance into a Class A,
Class B, or Class C dance hall.
(c)
A licensee
or employee of a Class A, Class B, or Class C dance hall commits an
offense if he knowingly allows a person under the age of seventeen
(17) years to enter or remain on the premises of the dance hall unless
the person is accompanied by a parent or guardian.
(d)
A licensee
of a Class A, Class B, or Class C dance hall commits an offense if
he maintains the premises without posting a sign at each entrance
to the business that reads: "It is unlawful for any person under seventeen
(17) years old to enter this location without a parent or guardian."
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.812)
(a)
No person
under the age of fourteen (14) years or over the age of eighteen (18)
years may enter a Class E dance hall.
(b)
(e)
A licensee
of a Class E dance hall commits an offense if he maintains the premises
without posting a sign at each entrance to the dance hall that reads:
"It is unlawful for any person under fourteen (14) years old to enter
this location without a parent or guardian. It is unlawful for any
person over eighteen (18) years old to enter this location."
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.813)
(a)
No person
under the age of eighteen (18) years may enter a Class D dance hall.
(b)
A person
commits an offense if he falsely represents himself to be a person
eighteen (18) years of age or older for the purpose of gaining admittance
into a Class D dance hall.
(c)
A licensee
or employee of a Class D dance hall commits an offense if he knowingly
allows a person under the age of eighteen (18) years to enter or remain
on the premises of the dance hall.
(d)
A licensee
of a Class D dance hall commits an offense if he maintains the premises
without posting a sign at each entrance to the dance hall that reads:
"It is unlawful for any person under eighteen (18) years old to enter
this location."
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.814)
(a)
A license for a Class A, Class B, Class D, or Class E dance hall expires one year from the date of issuance and may be renewed only by making application as provided in Section 4.602. Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
(b)
A late hours permit for a Class A, Class B, Class C, or Class D dance hall expires in conjunction with the accompanying dance hall license and may be renewed only by making application as provided in Section 4.607.
(c)
A license
for a Class C dance hall expires at 2:00 a.m., or 4:00 a.m. if a late
hours permit has been issued, on the day following the day of the
dance.
(d)
When the chief of police denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date denial becomes final. If subsequent to denial, the chief of police finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final. If a renewal of a license is denied under Section 4.606(a)(13) only, the applicant may be granted a license immediately upon compliance with Section 4.603 of this article. If a renewal of a license is denied under Section 4.606(a)(14) only, the applicant may be granted a license immediately upon compliance with Section 4.604 of this article.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.815)
The chief of police shall suspend a dance hall license for a
period of time not exceeding thirty (30) days if the chief of police
determines that a license or an employee of a licensee has:
(2)
engaged
in excessive use of alcoholic beverages while on the dance hall premises;
(3)
refused
to allow an inspection of the dance hall premises as authorized in
this article;
(4)
knowingly
permitted an intoxicated person to remain on the premises;
(5)
knowingly
permitted gambling by any person on the dance hall premises;
(6)
demonstrated
inability to operate or manage a dance hall premises in a peaceful
and law abiding manner, thus necessitating action by law enforcement
officers; or
(7)
knowingly
permitted the possession, consumption, or sale of an alcoholic beverage
on the premises of a Class E dance hall.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.816)
(a)
The chief of police shall revoke a license if a cause of suspension in Section 4.616 occurs and the license has been suspended within the preceding twelve (12) months.
(b)
The
chief of police shall revoke a license if the chief of police determines
that one or more of the following is true:
(1)
A
licensee has given false or misleading information in the material
submitted to the chief of police during the application process.
(2)
A
licensee or an employee is unable to lawfully operate the dance hall
because of physical or mental impairment.
(3)
A
licensee or an employee has knowingly allowed possession, use or sale
of controlled substances on the premises.
(4)
A
licensee or an employee has knowingly allowed prostitution on the
premises.
(5)
A
licensee or an employee knowingly permitted dancing or a live performance
during a period of time when the dance hall license was suspended.
(6)
A
licensee has been:
(A)
convicted of an offense listed in Section 4.606(a)(10)(A) for which the time period required in Section 4.606(a)(10)(B) has not elapsed; or
(B)
convicted of or is under indictment for any felony offense while
holding a dance hall license.
(7)
While an employee of the dance hall and while on the licensed premises, a person has committed an offense listed in Section 4.606(a)(10)(A) for which a conviction has been obtained, two (2) or more times within a twelve (12) month period.
(c)
The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(d)
When the chief of police revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a dance hall license for one (1) year from the date revocation became final. If subsequent to revocation, the chief of police finds that the basis for the revocation action 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 final. If the license was revoked under subsection (b)(8) above only, the applicant may be granted a license immediately upon compliance with Section 4.603 of this article. If the license was revoked under subsection (b)(9) above only, the applicant may be granted a license immediately upon compliance with Section 4.604 of this article. If the license was revoked under subsection (b)(1) above, an applicant may not be granted another license until the appropriate number of years required under Section 4.606(a)(10)(A).
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.817)
(a)
If the
chief of police denies the issuance of a license, or suspends or revokes
a license, the chief of police shall send to the applicant, or licensee,
by certified mail, return receipt requested, written notice of the
action and the right to an appeal. The aggrieved party may appeal
the decision of the chief of police to the board of adjustment. The
filing of an appeal stays the action of the chief of police in suspending
or revoking a license until the board make a final decision. If within
a ten (10) day period the chief of police suspends, revokes, or denies
issuance of a sexually oriented business license for the same location
involved in the chief's actions on the dance hall license, then the
chief may consolidate the request for appeals of those actions into
one appeal.
(b)
If the
chief of police denies the issuance of a Class D dance hall license,
or suspends or revokes a Class D dance hall license, the chief of
police shall send to the applicant, or licensee, by certified mail,
return receipt requested, written notice of the action and the right
to an appeal. Upon receipt of written notice of the denial, suspension,
or revocation, the licensee whose application for a license has been
denied or whose license has been suspended or revoked shall have the
right to appeal to the state district court. An appeal to the state
district court must be filed within thirty (30) days after the receipt
of notice of the decision of the chief of police. The licensee shall
bear the burden of proof in court.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.818)
A licensee shall not transfer a license or late hours permit
to another, nor shall a licensee operate a dance hall under the authority
of a license, or a late hours permit, at any place other than the
address designated in the application.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.819)
Any person who violates any provision of this article, except Section 4.603 or Section 4.604, upon conviction is punishable by a fine in accordance with the general penalty provision found in Section 1.106 of this code. Any person who violates Section 4.603 or 4.604 of this article, upon conviction, is punishable by a fine in accordance with the general penalty provision found in Section 1.106 of this code.
(1995 Code of Ordinances, Chapter 4, Article 4.800,
Section 4.820)
