Bachman/Northwest Highway Community Association

City Council to Vote on SOB & Dance Hall Ordinance Changes

Agenda Item for October 23, 2000

On October 23, 2000, the City Council will vote on proposed amendments to the current Dance Hall and Sexually Oriented Business Ordinances.

On October 18th, the City Attorney briefed the Council on Proposed Changes to Dance Hall and Sexually Oriented Business Ordinances, relating to Chapters 14, 41A, 51 and 51A of the Dallas City Code.

On April 26th, the City Council adopted Resolution #00-1459, placing a moratorium on acceptance of new applications for sexually oriented business and dance hall licenses, as well as for new building permits and certificates of occupancy for the same businesses.

On May 24th, the City Council amended the moratorium to extend to new certificates of occupancy for all uses to be operated as dance halls and sexually oriented businesses.

On August 23rd, the City Council voted to extend the moratorium until October 30th.

The purpose of the moratorium was to
a) allow for a citywide review of the regulations governing dance halls and SOBs
b) allow for a review of procedures in the police department for processing applications of dance hall and SOB licenses
c) allow for a review of procedures for obtaining certificates of occupancy and determination of proper zoning relating to issuance of certificates of occupancy for dance halls and SOBs
d) consider ways to improve coordination between the licensing process and zoning process as it related to dance halls and SOBs
e) consider ways to strengthen enforcement of ordinances regulating adult entertainment businesses.

City Codes affected by the proposed amendments include
Chapter 41A: Sexually Oriented Business Ordinance
Chapter 14: Dance Hall Ordinance
Chapters 51 & 51A: Development Code

Proposed amendments will be to
1) prosecute all violations of Chapter 41A as Class A Misdemeanors, which would be prosecuted by the District Attorney, instead of under Municipal Court Jurisdiction
2) deny dance hall or SOB licenses if those uses are not permitted in the zoning district where business is located
3) require owners of dance halls and SOBs to maintain a list of current employees with certain identifying information
4) deny a license to a dance hall or SOB if it had been being operated without a license
5) make certain violations of the TABC code a basis for revocation of a dance hall or SOB license, including selling alcohol to a minor, to an intoxicated person, or during prohibited hours, or for solicitation of drinks (SOB licenses only)
6) add definition of "conviction" to the dance hall and SOB ordinances, to include disposition of charges by probation or deferred adjudication, and that a conviction may be used for basis of revocation of a license pending appeal
7) specify that City Departments cannot be denied the right to inspect the premises
8) address the problem of multiple applications for dance hall or SOB license by same entity for same location
9) transfer of dance hall or SOB license will be grounds for revocation
10) clarify that suspensions and revocations in the dance hall ordinance become effective starting on the first midnight after 24 hours following the decision of the Permit & License Appeal Board
11) require that a suspended or revoked dance hall or SOB license be surrendered to the police department

Clarification of various terms and conditions will include
A) defining "church", "public park", and "hospital" in Chapter 41A consistent with definition in Development Code
B) adding definition of "transfer of ownership or control" to Chapter 14 (currently only defined in Chapter 41A)
C) clarifying that violations of no-touching, sign, and exterior appearance requirements are grounds for denial or suspension of a sexually oriented business license.

The definition of "Bar, Lounge or Tavern" will be changed. It is currently defined as an
establishment principally for the sale and consumption of alcoholic beverages on the premises
derives 75 percent or more of its gross revenue on an annual basis from the sale or service of alcoholic beverages

"on an annual basis" will be changed to "on a quarterly basis"

City Ordinances regulating other adult entertainment businesses for similar review in the future include
Chapter 6A: Amusement Centers
Chapter 9A: Billiard Halls