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HomeMy WebLinkAbout02568 ORD - 07/29/1949"lip AN ORDINANCE Ali ORDINANCE REGULATING AND LICENSING PUBLIC AND PRIVATE DANCE HALLS, NIGHT CLUBS, TAVERNS, CABARETS, AND DANCING SCHOOLS; MUIRING THE PAYIA;NT OF A LICENSE FEE AND PRESCRIBING THE SAME; PROVIDING PENALTIES; AND DECLARING AN M ERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. Section I. The following terns When used in this ordinance are defined as follows; 1. The term "public dance" as used in this ordinance shall- be taken to mean any dance or ball to which admission can be had by members of the general public, or any class or segment thereof; provided that the term "public dance" shall not be taken to mean any dance or ball in- eluded in the term "private dance" as hereinafter defined. 2. A "public dance hall." shal.1 be taken to mean any room, place, space or building where a public dance is held or conducted. 3. The term "private dance" shall mean and include any dance sponsored by any person, for invited guests only, for which no charge is made for the invitation, admission, food, drinks or any services, entertainment or accommodations in connection therewith; and any dance given by a bona fide club admission to which is granted to members and their invited guests and from which the general public is excluded; and any dance given by a bona fide non -profit organization for members of the armed services of the United States of America and their guests or any dance given by a recognized organization devoted to youth service for young people, when the same shall be properly chaperoned. 4. The term "operator" or "dance hall operator" as used herein shall be taken to mean the person, firm, association, partnership or corpora tion which conducts, manages, maintains or controls, either directly or �n- directly any dance hall as defined and designated herein. 5. The Head of the Welfare Division of the Department of Public Health is herein referred to as the Head of the Welfare Division. Section II. All dance halls, night clubs, taverns, cabarets, and dancing schools are hereby divided into the following five (5) classes: 1. All spaces, structures, buildings or resorts; enclosed or unenclosed, where food, beer, or wine or other alcoholic beverage is served on the premises, including restaurants and cafes, and where patrons are pro- vided with a space for dancing, or are permitted to dance are hereby desig- nated and rated as "class A dance halls ". The term "premises" as used herein shall be construed to in- clude all the rooms, spaces, places or buildings which are joined by connect- ing doors or other openings, or which are so constructed that either or all of such moms or spaces serve each other or are capable of serving each other. 2. All other dance halls under the terms of this ordinance are designated as "class B dance halls," if not herein otherwise designated or rated. 3. The term "dancing school" as used in this ordinance shall be taken to mean any room, place, space or academy in which classes in dancing are held and instruction in dancing is given for hire. Dancing schools are hereby designated and rated as "class C dance halls." 4. The term "club" as used in this ordinance shall be taken to mean any bona fide non -profit society, association of persons or corpora- tion, organized for civic, fraternal, social or charitable purposes, or for any purpose not a business or commercial purpose, which owns, rents, or operates a place or building for the accommodation of its members when such place or premises or any part thereof is used for dancing by members of the club, or is rented to others for such purpose. Such places or premises are hereby designated as "class D dance halls." 5. A]l spaces, structures, buildings or resorts, enclosed or unenclosed, where food, beer, wine or other alcoholic beverage is served on the premises, including restaurants and cafes, and where patrons are furnished en- tertainment whether such entertainment be provided by mechanical or electrical device or otherwise, or where patrons are served food, beer, wine or other al- coholic beverage in their automobiles are hereby designated and rated as "taverns." i No place otherwise falling within this definition shall be excluded by any name, designation, or definition describing the same as a restaurant or cafe; provided that if any place entirely enclosed and giving no service to patrons in their automobiles, otherwise coming within this definition shall derive in excess of 50% of its gross receipts from the sale of food, the same shall not be considered to come within this definition of the word "tavern.w Section III. It shall be unlawful to hold or conduct any public dance or any dancing schools within the limits of the city of Corpus Christi, unless and until the dance hall in which same may be held shall first have been licensed for such purposes; provided, that this ordinance shall not apply where instruction is given to members of a family in their own home, or where community houses of the park board of the City of Corpus Christi are used for community dances sponsored and supervised by the park board, or are rented or engaged by private individuals or organizations for the purpose of private parties from which are excluded members of the general public, or where property of the board of education of the City of Corpus Christi is used for public school dances supervised by public school officials. When the conditions of this ordinance have been complied with, a license shall be issued by the City Secretary and certified to and approved by the head of the Welfare Division, or, if the head of the Welfare Division shall have refused to approve or grant such license, upon the approval of the governing body after appeal has been taken to the governing body as herein- after provided for. Section N. The following fees shall be charged for each license issued under the terms of this ordinance: 1. For a class A dance hall which is operated on two or more floors the license fee shall be $5,000.00. Where the place of ingress to any class A dance hall is on one floor and any part of the activities are conducted on another floor, the same shall be considered as having two floors. As used herein "activities^ shall be taken to mean food and drink dispensing and enter- taining. 2. For a class A dance hall operated entirely on one, floor with a seating capacity in excess of 250 persons, the license fee shall be $500.00; provided that if any such class A dance hall shall be open for dancing only three times per week or less, the license fee shall be $350.00. 3. For a class A dance hall operated entirely on one floor where the seating capacity is less than 250 persons, the license fee shall be $250.00; provided that if any such dance hall shall be open for dancing only three times a weelc or less, the license fee shall be $175.00. 4. For a class B dance hall a license fee shall be $50.00; provided, however, that where a dance hall is licensed as a class B dance hall under this ordinance and which dance hall is not operated more than three nights per week, the license fee shall be $25.00 5. For a class C dance hall, the license fee shall be $5.00; provided, however, that whenever any class C dance hall shall be used for the holding of public or private dances in addition to the classes and in- struction in dancing, the fee shall be $25.00. 6. For a class D dance hall, the license fee shall be $5.00; provided, however, that whenever any class D dance hall shall be rented to other operators for the holding of a public or private dance, the license fee shall be $25.00. 7. When any person, firm, partnership, corporation, associa- tion or club operates, conducts or maintains a restaurant, cafe or other similar business on or at premises where no public dancing is permitted or conducted, but where the physical facilities and premises are capable of being used for private dances, and where such premises are leased, rented or engaged periodically on particular occasions by private individuals or organizations for the purpose of dining and private dancing by such indivi- duals or organisations and their invited guests and members, a special license shall be secured by the person, firm, partnership, corporation, association or club operating, conducting and maintaining such premises, and a license fee of $25.00 shall be paid therefor. B. For taverns the license tees shall be as follows; (a) Taverns whose activities, or any part of whose activities, are conducted on any floor other than the ground floor of any building shall pay an annual license fee of $1,000.00. Activities shall be taken to mean the selling of food, beer, wine or other alcoholic beverages or the dispensing of services or the giving of entertai:ment. (b) All taverns entirely on the ground floor having a seating capacity of thirty (30) or more patrons or accomodations for more than ten (10) cars shall pay an annual license fee of $100.00. (c) Those taverns whose activities are carried on entirely on the ground floor and have a seating capacity of less than thirty (30) patrons or space for less than ten (10) cars shall pay an annual license fee of $2$.00. Section V. Any person, firm, association, partnership or corporation desiring a license to operate a dance hall or tavern as herein defined shall file with the head of the Welfare Division a written sworn application for such license, which application shall state: 1. The location by street and number of the place, space or building and room or floor, and the size of such room or space which is proposed to be used for such purpose, and the name and address of the appli- cant; 2. If the applicant is an individual, that he is a law - abiding taxpaying citizen of the State of Texas; that he has not been convicted of a felony, or, if he has, the nature of the offense, and the length of his resi- dence in the City of Corpus Christi; 3. If a firm, association or partnership, all of the informer tion prescribed in paragraph 2 of this section as to each individual com- posing the firm, association or partnership; h. If a corporation, that applicant is organized and chartered under the corporation laws of this state applicable to such corporation, or, if a foreign corporation, that such corporation has complied with the laws of this state applicable to such corporation, and the same information with reference to the operator or person in charge of the operation of the dance hall desired to be licensed as is prescribed in paragraph 2 of this section. In addition thereto, a statement as to the names of the incorporators or stockholders, and the amount of interest owned by each; 5. previous occupation or employment of the applicant for a period of five years nest preceding the filing of his application; 6. If the application is for a license to operate a dancing school, or class C dance hall, such application shall give the name and address of each person who is to instruct in such school; 7. Whether a hotel, rooming house or lodging house is conducted in any part of the premises for which a license is sought, and if so, the number of rooms contained in such hotel, rooming house orlodging house; provided how- ever, that nothing contained herein shall prevent the issuance of a license to any public dance hall having connected with it any sleeping rooms which are not open to nor let to the patrons of such dance hall or to the public. B. Such other and additional information as the governing body may from time to time deem proper and necessary; 9. The information given in such application is for the pur- pose of determining whether or not the applicant is a fit and proper person to operate a dance hall or tavern, and it shall be unlawful to misrepresent the kind and character of dance hall or tavern to be operated, or any other fact or statement made in said application, and any misrepresentation of any person, per- sons, club or organization for the purpose of avoiding the provisions of this ordinance shall, in addition to the other penalties prescribed by law, be cause for revocation of the license in the mode and manner hereinafter provided for; 10. The license herein provided for shall state on its face to whom it is issued, the date it will expire, the address and location of such dance ball, whether the licensee is authorized to operate and conduct a class A, S, C or D dance hall. It shall be signed and sealed by the City Secretary and posted by the licensee in a conspicuous place at or near the entrance and in such a place and position that it may be easily read at any time of day or night; 11. No license shall be granted to any class A dance hall unless at least 300 square feet of floor space for dancing is provided for a seating capacity of under 200 patrons seated at tables, and no license shall be granted to any class A dance hall having less than 400 square feet of floor space for dancing for a seating capacity of over 200 patrons seated at tables; provided, however, that nothing contained in this section shall prohibit the granting of a license to any public dance hall where the opera- tion and maintenance of the dance hall is merely incidental to the main business, and is not the principal business of such establishment; 12. No license to operate a class A or class B dance hall shall be granted unless the premises sought to be used for such purpose are in an area where such use is permitted under the zoning code of the City of Corpus Christi; 13. The granting of any license under the terms of this ordinance, shall in no event be construed as the granting or conferring of any vested right to the licensee or operator, but shall be subject to re- vantion and cancellation as provided for in this ordinance; 14. No license shall be granted hereunder unless it shall appear upon investigation by the chief of police, the director of public health, the chief of the fire department and the building inspector, that the premises desired to be need for the purpose of conducting a dance hall comply with the laws of this state and the ordinances of the City of Corpus Christi regulating health and sanitation, the fire regulations, the zoning code and the building code of the City of Corpus Christi, and such officers shall, in their respective capacities, note their approval or disapproval upon the application. Section VI. In the event the head of the Welfare Division shall refuse to grant a license to any applicant hereunder, the action of the head of the Welfare Division shall be final unless the applicant shall, within ten days after the refusal to grant such license, file a written appeal with the city secretary, addressed to the governing body of the city of Corpus Christi, requesting a hearing by such governing body upon the question as to whether or not his application shall be granted. In the event such appeal is filed, the head of the Welfare Division shall provide the governing body with a record of all proceedings theretofore had with reference to the application in question, including the written application, together with the action of the head of the Welfare Division and the reasons for such action. The governing body shall, within thirty days, grant a hearing thereon to determine the correctness of the action of the head of the Welfare Division, at which hearing the governing body may make such investigation as it may see fit, whether all the pertinent facts appear in the application or not, and it shall be discre- tionarg with the governing body as to whether or not a license shall be granted, and such action as the governing body may take thereon shall be final and con- clusive. Section VII. In addition to the other provisions of this ordi- nance, dance halls shall be governed by the following regulations: 1. Dancing shall not be permitted and it shall be unlawful for any person to dance between the hours of 2;00 A. M. and 7:30 P. M. in any Class A or class B dance hall, provided, however, the head of the Welfare Division may grant special permits for dancing until a later hour, upon spe- cial occasions. Application for such special permits shall be made not less than forty -eight (48) hours prior thereto. 2. No person under the age of seventeen (17) years shall be permitted to attend or take part in any public dance after 9:00 P. M., unless such person is accompanied by parent or guardian. It shall be unlawful for any person to represent himself to be either parent or guardian of any minor under the age of seventeen (17) years for the purpose of gaining his admittance into a dance hall. 3. It shall be unlawful for the operator of a dance hall or tavern to permit any known prostitute, male or female procurer, or vagrant to be present at any public dance or dance hall, 4. No dance hall or tavern shall have, in any way, , connected with it any room or rooms equipped or fitted in any way as sleeping rooms which are open to or let to the patrons of such dance hall, or to the public with or without a charge being made therefor, except bona fide hotels having more than one hundred rooms. 5. Each dance hall and tavern shall be supplied with separate and convenient toilet facilities for each sex. 6. Free access and entrance into all dance halls and taverns shall at all times be accorded and granted to police and fire officers of the city of Corpus Christi, when on official duty. 7. The operator of any dance hall or tavern shall not permit the violation of any of the terms of this ordinance, and it shall be the duty of the officers on duty at such dance halls to require compliance with the terms of this ordinance. B. No person or persons shall dance, nor shall any licensee or operator permit or suffer any person or persons, to dance in any public hall any indecent, freak or immodest dance. 9. Nothing herein shall be construed as authorizing the issuance of a license under any circumstances for the conduct of any dance hall commonly known as "taxi dance halls" wherein there are kept and pro- vided female dancing partners for male guests, or customers, who pay by the dance for the privilege of dancing with female partners. Section VIII. If a dance hall licensed hereunder is not being conducted in accordance with this ordinance, the laws of the State of Texas, or the code of the city of Corpus Christi, or is being conducted in viola- tion of the laws of this state, the head of the welfare Division may at any time give notice in writing to the operator, licensee, manager, or other person in control of the operation and maintenance of such dance hall that the Permit or license issued for the operation and maintenance of said dance hall has been revoked and cancelled, which said notice of revocation and cancella- tion shall become a final revocation and cancellation after the expiration of ten days from the date of the service of same upon the operator, licensee, manager or other person in charge of said dance hall, unless on or before the expiration of said ten days the licensee, operator, manager or other person in charge of said dance hall shall file with the city secretary of the City of Corpus Christi a written appeal addressed to the governing body of the city of Corpus Christi in which it is requested that the governing body grant him a hearing upon the question whether or not the permit or license issued by the City of Corpus Christi shall be cancelled and revoked, which said appeal, if made and filed as prescribed herein, shall operate as a stay or postpone- - ment of said revocation and cancellation of the permit issued, until such time as the governing body shall grant a hearing and make a final adjudication upon the question whether or not such permit should be cancelled, such hearing to be held within thirty days after the date of the filing of such appeal, and such action and judgment of the governing body, after hearing all the evi- dence and facts, shall be final and conclusive as to all parties. Section 7A. Event dance hall, except that which is expressly exempted from the provisions herein, shall, in addition to the supervision provided for by this ordinance, have on duty in or about the dance hall, from the beginning or opening time until thirty minutes after the closing hour, a suitable and qualified person, approved by the head of the welfare division of the city of Corpus Christi, to supervise the activities of such dance hall, and to see that such dance hall is conducted in an orderly and decent manner, the compensation of such person to be governed by private contract between himself and the operators of the dance hall. In the event the operator of any dance hall desires to have a uniformed specs$ police officer of the city of Corpus Christi stationed at such dance hall to supervise the activities therein, he shall make applica- tion to the chief of police of the city of Corpus Christi for the special detailing of such officer, who shall not be a regular member of the police department. The operator of each dance hall having such an officer in atten- dance shall pay a fee of ,$10.00 in advance for each day that such dance is conducted or is to be conducted, which said sum shall be paid at the office of the city secretary of the city of Corpus Christi on the first day of each month for each night during the succeeding month that such dance hall shall operate, and shall be placed in a special fund, which shall be used for the purpose of paying the wages of such special officer, which said fund shall not be supplemented by any appropriation by the city of Corpus Christi.. The pre- sence of such special officer at any such public dance Mall not relieve the proprietor, operator or manager thereof from the responsibility of any viola- tion of the laws of this site or any ordinance of the city of Corpus Christi. The special police officer requested by any dance hall operator at his option, and provided for in this article, shall be under the direct supervision and control of the chief of police, who shall have the power and authority to assign and re- assign such officers to such dance halls or locations, the operators of which have requested the presence of a special officer, without giving any officer any assignment for any particular length of time, Each such officer shall be issued a commission as a special police officer of the city of Corpus Christi, with powers and duties as such, but limited to the premises to which such officer may be assigned, and shall be chosen from a special register Prepared by the civil. service board for such purpose, provided, however, that the present officers now employed in such work, and now commissioned to act as such, shall continue to be eligible for such service. The head of the Welfare Division and the chief of police shall, with the approval of the city manager, advise the civil service board of the qualifications necessary for the proper selection of such officers, in addition to those requirements provided by the civil service board. Such officers may be of either sex, and shall be subject to the provisions of the civil service regu- lations of the city of Corpus Christi as now in force and effect, or as they may be, from time to time, hereafter amended. The terms of this section shall not apply to any class C or class D dance hall, unless the operator or licensee of such class C or class D dance hall shall request supervision by a suitable person or by a special uni- formed officer, and the t. of this section shall not apply to any dance hall where the operation of such dance hall is merely incidental to the main business, and is not the main business of such establishment. Section X. There shall be no dance hall license issued to any person, firm or corporation for the conduct of a place for dancing where the principal business of such establishment is the sale of light wines and beer, as defined in this ordinance. Section %I. It shall be unlawful for any person or persons to dance at any place except at a place duly licensed under this ordinance, or exenpted under this ordinance, and any such person or persons engaging in a dance or dancing at a public place, shall be deemed guilty of disorderly conduct and, upon conviction, shall be fined in accordance with the penalties provided for by this ordinance. The owner, proprietor, manager or person in charge of such establishments permitting any person or persons to engage in a dance as prohibited in this section, shall be guilty of a misdemeanor and, upon conviction, shall be subject to the penalties of this ordinance. Section %II. The provisions of this ordinance shall not apply to private dances given at private hones, or to dances given or conducted by private clubs, societies, persons or corporations, where the attendance is restricted to the members of the society, club or corporation and their invited guests and from which the general public is excluded. Section %I.iI. Any person, persons, clab, corporation, operator or licensee who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than twenty -five dollars ($2$.00) nor more than two hundred dollars ($200.00) for each offense. Any remedy prescribed herein for the enforcement of tnis ordi- nance shall be merely cumulative and shall not preclude resort to any other remedy provided by law. Section M. If any section or provision of this ordinance shall be declared invalid by a court of competent jurisdiction, such adjudica- tion shall not affect the remaining sections or portions of this ordinance. Section $V. No license granted order the terms of this ordi- nance shall be deemed the granting of a vested right, but such license shall . remain subject to the terms and provisions of this ordinance and subject to such future regulations as shall be promulgated by the governing body by ordinance. Section LVI. For th- reason -L-jet. Dublic and private dance halls, night clubs, taverns, cabarets, and dancing schools are not now regu- lated by ordinance of the City of Corpus Christi creates a public emergency and imperative public necessity renuiring a suspension of the Charter rule pro- viding that no Ordinance or Resolution shall be passed finally on the day it is introduced, and that such Ordinance or Resolution shall be read at three several moetirgs of the City Council, and the Mayor having declared that such public emergency and imperative public necessity exists, and 'having requests -j that said Charter rule be suspended and that this Ordinance be passed finally on the date it is introduced, and that this Ordinance take effect and be in full force and effect from and after its pasaage, it is so ordained. °495h Z'D APPROIM this the 2L day of July, A. D. 1949. MAX 01 City of Corpus Christi, Texas ATTEST: F,ity Secretary APPROVED AS TO LEGAL FORM: Ci y A o-^iey ssis Ci y A .they Corpus Christi, Texas L'( �L4, 14" TO THE 3G7uiBERS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI Gentlemen: For the reasons set forth in the emergency clause of the foregoing Ordinance, a public emergency and an imperative necessity exist for the suspension of the Charter rule or requirement that no Ordinance or Resolution shall be passed finally on the date it is introduced, and that such Ordinance or Resolution shall be read at three several meetings of the City Council; I, therefore, hereby raquest that you suspend said Charter rule or requirement and pass this Ordinance finally on the date it is intro- duced, or at the present meeting of the City Council. Respectfully, r - City of Corpus Christi The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Q Barney Cott Sydney E. Herndon George L. Lowman lye The above Ordinance was passed by 'the effollowing vote: Leslie Wasserman lap Jack DeForrest �(b »>"-- Barney Cott Sydney E. Herndon George L. Lowman µ.{� MP g