HomeMy WebLinkAbout025872 ORD - 07/27/2004AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 33
OFFENSES AND MISCELLANEOUS PROVISIONS BY ADDING
ARTICLE VII. DANCE HALL PERMITS, PROVIDING FOR
SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING
FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Chapter 33, Offenses and miscellaneous provisions, is amended
by adding Article VII. Dance Hall Permits to read as follows:
"ARTICLE VII. DANCE HALL PERMITS.
"Sec. 33-107. Definitions.
The followinq words, terms and phrases, when used in this adicle, have the meaninqs ascdbed to
them in this section, except where the context clead¥ indicates a different meaninq:
Dance haft means any room, place or space where dancinq by patrons or customers is permitted,
includinq facilities for rent and niqht clubs.
Dav or days means calendar days.
Health official means the individual desiqnated as the health officer or health authodb/for the Cib/
or desiqnee.
Permit officer means the person, or their desiqnee, within the Development Services Department
desiqnated to perform the functions set out in this article.
"Sec. 33-108. Permit required and exceptions.
{a) A person commits an offense if the person operates a dance hall or allows a buildincl that
they have an ownership interest in to be operated as a dance hall, without I~rst obtaininq a permit
from the Cit,,,.
(b) It is a defense to prosecution under this section that the action is conductinQ a dance at a:
(1) Private residence from which the qeneral public is excluded;
(2) Place owned by the federal, state, or local aovemment;
Public or private day care center, elementary school, secondarv school, collecle, or
universih,'; or
(4) Place owned by a re[iQious orqanization;
H:\LEG-DIRLloseph\Ord-DanceHallFee.doc
"Sec. 33-109. Permit application.
(a) An applicatJon for a permit to operate a dance hall must be made to the permit officer on the
form prescribed by that official, The application must be accompanied by a sketch or dia(lram,
drawn to approximate scale, showing the conflauration of the premises and the interior
dimensions of the business to an accuracy of plus or minus six inches. The application will show
a site plan with the proper zonin(l classification and occupancy type (larqe or small assembly or
business).
(b) If a person who wishes to operate a dance hall is an individual, they must si(in the
application for a permit as the applicant. If the person who wishes to operate a dance hall is one
other than an individual, each individual who has a 20 per cent or greater interest in the business
must si(in the application [or a permit.
(c) All applications must be accompanied by a nonrefundable application fee in an amount
determined by the cib/council as a part of the annual bud(let.
(d) An application shall not be considered to have been flied until the application lee is paid
and all information re(luired bv the apelica[~on form is submitted.
"Sec. 33-110. Application review.
The qermit officer will forward a coPY of all dance hall permit applications to the police
department, traffic en(lineerinq, health department, fire department, plannin(l, buildina inspection
and an'/other City department that wishes to participate in the review process. Upon receipt of
the CODy of the application, each reviewin(l party may make such inspection or investiclation of the
applicant and the premises that is necessary to the enforcement of ordinances and laws for which
they have responsibility. Upon completion of the review, the reviewin(l party may forward to the
permit officer its approval or disapproval of the application. If the application is disapproved, the
reviewinq party will set forth its reason for the disapproval.
"Sec. 33-111. Permit issuance or denial; term.
(a) Issuance. The permit officer will issue a dance hall permit, upon payment of the permit fee,
to an applicant within 30 days pt the filinq of an application, unless the officer finds one or more of
the followin(l is true:
(1) An applicant is under 18 years of aqe.
{2) An applicant has falsely answered a (luestion or re(luest for information on the
application form.
(3) The premises to be used have not been approved by the health department, fire
department or buildincl inspection as being in compliance with applicable laws and
ordinances.
(4) The applicant or a person the applicant is residinQ with has been denied a permit or
the renewal of a permit under this article within the precedin(l 12 months or has had a
permit issued under this article revoked within the precedin(l 12 months.
(5) An applicant or applicant's spouse has been convicted of a crime involving the
selling, distribution, manufacture, possession, or use of a controlled substance or of
controlled substance paraphernalia; or solicitation to purchase or ac(luire a controlled
substance, controlled substance analo(lue, dangerous druq, or volatile chemical; or the
H:\LEG-DIRLloseph\Ord-DanceHallFee.doc
sale ol~ an alcoholic beveracle without a permit or permit from the state; or prostitution or
promotion of prostitution; or manifestincl the purpose of enqaqincl in prostltu/ion; or
unlaw~lly cam/incl a weapon, provided:
a. If the conviction was for a misdemeanor offense, less than two years have
elapsed since the date of the conviction or the date of release from confinement
for the conviction, whichever is the later date: or
b. If the conviction is for a felony offense, less than five years have elapsed
since the date of conviction or the date of release from confinement for the
conviction, whichever is the later date; or
c. If the conviction is for two or more misdemeanor offenses or a combination
of misdemeanor offenses occurdnq within anv 24-month pedod, less than five
years have elapsed since the date of the last conviction or the date of release
from confinement for the last conviction; or
d. Provided further that the [act that a conviction is beincl appealed shall have
no effect on the disclualification of the applicant or applicant's spouse.
(6) The place or manner in which the dance hall may be conducted warrants refusal of
the permit based on the qeneral welfare, health, peace, morals, safety and sense of
decency of the people; provided, that if this subsection serves as a basis for denyincl a
permit application and an appeal is §led as provided under section 33-116, the permit
officer will have the burden of presenlJncl evidence clearly indicatinq that the stated
clrounds for such officer's action existed.
(b) Extension of review period. If the applicant is in the process of correctincl certain conditions
in the premises so that the premises will camply with applicable ordinances and laws, the
applicant may request in writinq that an extension of 30 days be made to the review pedod.
(c) Term. No permit shall be effective until it has been issued. All permits for dance halls issued
under the provisions o[ this article shall be valid for a period of one year from the date of
issuance. The date of issuance shall be stated on the permit.
(d) Other permit. Accluisition of a permit under this article is a separate and distinct recluirement
from any other permittincl recluirements. Possession of some other permit shall not relieve a
person of the recluirement to obtain a permit pursuant to this article.
"Sec. 33-112. Contents; I~osfin~ of Derrnit.
A dance hall permit issued under this article shall state on its face to whom it is issued, the date
of issuance, the date of expiration, the address and location of such dance hall and shall be
siqned by the permit officer. The permit shall be posted by the permitee in a conspicuous place
and in such a manner and position that it may be easily read at any time of day or niclht.
"Sec. 33-113. Permit transfer.
(al No permit issued under the provisions of this article shall be transferred from one person.
partnership, or comoration to another without the payment of a transfer i~ee and the approval of
the permit officer.
(bi The permit issued hereunder may be transferred from one location or place o[ business to
another IocatJon upon payment o[ a transi'er fee if the new location is approved bv the permit
officer.
H 5LEG-DIR~Joseph\Ord-DanceHallFee.doc
(c) Prior to approvincl any transfer, the permit officer will consult with the chief of police, fire
marshal, health authoritv, and buildinc~ official, or their desiclnees, to determine if the new operator
or the new location meets all the standards and rec~uirements applicable to an oriqinal application
for a dance hall permit, includinc~ those set forth in section 33-111.
(d) The permitee may appeal the denial of any permit transfer by filincl an appeal as provided
for in sec'don 33-116.
"Sec. 33-114. Suspension and revocation of permit.
(a) The permit officer may suspend or revoke a permit ~f such officer determines that the
permitee or an employee of the permitee has:
(1) Violated or is not in compliance with any ordinance of the Cib/or any State law;
(2) Refused to allow an inspection of the premises, as authorized by this article;
(3) Demonstrated inability to operate or manacle a dance hall in a peaceful and law
abidinq manner;
(4) A cause of suspension occurs and the permit has already been suspended within
the precedinq 12 months;
(5) A permitee qave false or misleadinq information in the material included on or with
their oriqinal application or a renewal application or in response to an inc~uiry by the City;
(6) A permitee or an employee of the permitee has knowinqly allowed possession, use
or sale of a controlled substance on the premises;
(7) A permitee or an employee of the permitee has possessed, used or sold a
controlled substance on the premises;
(8) A permitee or an employee of the permitee has knowin(~l¥ allowed the solicitations
for the purpose of prostitution on the premises;
(9) A permitee or an employee of the permitee has been convicted of a violation set
forth in section 33-111(a)(5) or any provision of the state alcoholic beveraqe code;
(10) The place or manner in which the dance hall may be conducted warrants
suspension or revocation of the permit based on the cleneral welfare, health, peace,
morals, safety and sense of decency of the people.
(bi The fact that a conviction is bein(~ apoealed shall have no effect on the suspension or
revocation of the permit.
"Sec. 33-115. Permit renewal.
(a) A renewal application on the i:orm prescribed by the permit officer may be submitted no
eadier than 60 davs before the expiration of the permit. The renewal application must be
accompanied by a renewal fee. When an application for renewal is submitted less than 30 days
before the expiration date of the permit, the expiration date of the permit will not be affected,
except as provided in this article.
H:\LEG-DIR~Joseph\Ord-DanceHallFee.doc
(b) When the renewal application has been filed as required above, the permit officer will have
seven days to determine whether to issue a renewal permit, or to reiect the renewal application
and require the applicant to file an odclinal application and review the renewal recluest under the
same standards as the oriclinal permit application. If the permit officer recluires that the renewal
be handled as thOuClh it were a new application, Me review pedod set out in section 33-109 shall
commence upon the filincl of the completed oriqinal application form, not upon the filincl of the
renewal application form. The followinq shall constitute qrounds for reiectinq the renewal
application and requidnq the fllinq of an odclinal application form:
(1] The receipt by any department of the Citv of complaints about the operation of the
dance hall durinq the period that the permit for which renewal is souqht has been in force.
(2) The discovery bv any official of the City of a violation of an,,' ordinance or law durincl
the precedinq vear on the premises or related to the operation of the dance hall.
(3) An increase in police calls to the area immediately adjacent to the premises.
(c) If a permit expires durinq an extension of the review period, provided for in section 33-
111(b), the permitee ma'/continue to operate the dance hall until a decision on the renewal is
rendered. If the renewal is denied, the permitee must cease operation of the dance immediately
upon notification. Notice of the denial shall be sufficient if personally qiven to the permitee or the
dance hall supervisor provided for in section 33-118(a), or if delivered to the permitee at the
address shown on the renewal apelication by mail, retum receipt recluested.
(d) When an application for renewal is ultimately denied, the applicant shall not be issued a
permit for one ,/ear from the date of the denial. If, subsequent to denial, the permit officer finds
that the basis for denial of the renewal permit has been corrected or abated, the applicant may be
clranted a permit if at least 90 days has elapsed since the date the denial of the renewal
application was final.
(e) The reiection of a renewal application and recluirement that the renewal be handled as
thouclh it were an odqinal application may not be appealed; however, the final denial of a permit
renewal by the permit officer ma'/be appealed in accordance with section 33-116.
"Sec. 33-116. Appeal.
(al Procedure to appeal. If either an oriclinal application or a renewal application for a permit is
denied, suspended or revoked, the applicant shall be informed of that action by wdtten notice that
states the basis for the action. The applicantJpermitee may appeal that action to the city council
bv filinq a written appeal with the city secretary's office within ten days of receivincl the notice of
the denial, suspension or revocation of the permit. In the notice of appeal, the appealinq party
shall clearly set out their reasons for believincl that the action to deny, suspend or revoke the
permit was in error. If the appeal is from the denial of a permit renewal, suspension or revocation,
the denial, suspension or revocation may be staved dudnq the pendency of the appeal and the
dance hall may continue to operate.
(b) Council procedures. The city council will conduct a public hearincl within 30 days of the filincl
of the appeal. The city council may make such investiqation as it may see fit into the appealinq
part,,, and the premises used or to be used for a dance hall. Opportunity shall be afforded to all
parties and interested persons to present evidence or arqument on the issues involved in the
appeal. Within 30 davs of the closinq of the public hearincl, the cib/council will make its decision
on whether to overtum the denial, suspension or revocation of the permit. A wdtten notice settinq
out the cib/council's decision shall be cliven to the appealinq party. If the city council fails to act
within the timeframe stated herein, the denial, suspension or revocation of the permit shall be
overtumed. Provided that if the appeal is from a denial of an initial permit application, not a denial
H 5LEG-DIRLloseph\Ord-DanceHallFee.doc
of a permit renewal, suspension or revocation, the city council must conduct its headn(~ and make
its decision on whether to overturn the permit denial within 30 days from the filinq of the appeal.
lc) Standards for review of initial permit denial. At the appeal headncl on a denial of an initial
permit application, the appealincl party must present evidence clearly indicatincl that the permit
officer was incorrect in detarmininq that the stated qrounds for the permit denial existed.
Provided, that if the denial of an initial permit application was based on section 33-11 lfa)(6~, the
permit officer, not the applicant, will have the burden of oresentthq evidence clearly indicatJnq that
the sl~ted qreunds for such officer's action existed.
(d) Standards for review of permit suspension, revocation or denial of renewal. At the appeal
headncl on a permit suspension, revocation, or refusal to renew, the permit officer must present
evidence cleadv indicatinq that the stated qrounds for such officer's action existed.
"Sec. 33-117. Permit fees.
Before any permit for a dance hall shall be issued by the CitY1 the person applyincl for the permit
shall pay to the City the fees that are established bv the city council as part of the City's annual
budclet. These fees may include an application fee to cover the costs associated with processinq
the application in addition to an annual permit fee, which is presently set at $500.00. Transfer
and renewal fees are also set at $50000.
"Sec. 33-118. Operation of dances and dance halls.
(a) Dance hall supervisor. A person who operates a dance hall must desiqnate one or more
persons as dance hall supervisors. The names of the supervisors must be included in a permit
application or renewal application. Whenever a chanQe in the supervisors occurs, notice of that
chanQe shall be qiven to the permit officer. A dance hall supervisor must remain on the premises
of the dance hall durinq the time dancina is permitted and until 30 minutes after the end of the
dance to insure that the dance is conducted in an ordedv manner.
(bi Inspection. Representatives of the pelice, fire, health, inspection or any other department
authorized to enforce provisions of this article or State laws with which a dance hall must comply
mav inspect the premises of a dance hall for the purpose of insudnq compliance with the law at
any t~me it is open for business or occupied. A person who operates a dance hall or a person
desic~nated as the dance hall supervisor commits an offense if he refuses to permit an inspection
of the premises of a dance hall by representatJves of the City departments named in section 33-
110.
(c) Authority to vacate oremises. The chief of Dolic~, fire marshal or buildinc~ official shall have
the power to cause a dance hall to be vacated whenever any provision of this article is beinq
violated or when a situafion which imposes an immediate threat to safety exists. In addition,
where a violation of any ordinance of the Cib/or State law is discovered, the chief of police, fire
marshal or buildinq official may order that a dance hall be vacated and remain dosed for up to 24
hours after it is determined that the violation that resulted in the order to close has been
corrected.
H:~LEG-DIRXJoseph\Ord-DanceHallFee.doc
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. This ordinance goes into effect on August 1,2004.
SECTION 5. Penalties are as provided in this chapter.
H:~LEG-DIR~oseph\Ord-DanceHallFee.doc
That the foregoing ordinance was read for the first time and passed to its second
reading on this the /3 day of ~~. ,2004, by the following vote:
Samuel L. Neal,
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinanc_,~was,,read for the second time and passed finally on
this the ~- day of ~/~l.~JO-:~" ,2004, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATrEST:
Arm~
City Secretary
Approved as to legal form
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of ,2004.
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
,2004;
By:
j osep~a rne~ylJ'~
Assistant City Attorney
For City Attorney
f T~Xat§
State o ~' }
County of Nueces }
PUBLISHER'S AFFIDAVIT
SS:
CITY OF CORPUS CHRISTI
Ad # 4964336
PO #
Befl)re me, the undersigned, a Notary Public, this day personally came Diana
Hinoiosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueees, Refugio, San Patrimo, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed
is a true copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Calle~Times Interactive on the 2ND day(s} of AUGUST, 2004.
$64.50
TWO (2) Time(s}
Credit Manager
Subscribed and sworn to me on the date of
AUGUST 03, 2004.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
Christi C. alle~.Times
NOTICE OF I~
OF ORDNANCE