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HomeMy WebLinkAbout425 Ordinance mention by Alderman Osbe~rne, seconded by Alderman Hancock that ~he following reso!ution be passed and adopted. The motion was carried and it was so ordered and the resolution follows: / ORDINANCE NO. ~E~' AN ORDINANCE PROVIDING ~0R THE REGUi~TION 0~ PUBLIC DANCES AND PUBLIC DANCE HAZZB~ AND ~0R THE LICENSING THERE0~; PROVIDING ~0R THE ISSUANCE AND REVOCATION 0~ PEP~ilTS OR LICENSES ~0R SUCH DANCES AND PUBLIC DANCE H~t~S~S PROVIDING E~R THE .INSPECTION OE A~, PUBLIC DANCE HAI~S AND ~THOD AND P~NNER 0~~ LICENSING ~; REPEALING OTHER ORDINANCE~ IN O0N~LICT ~ITH THIS ORDINANCE; PROVIDING A SAV- INGS C~_U~, AND PROVIDING FENALTIES AND DECLARING AN E~RGENOY. ~ETEREAS, the City Co,~ncil of the City of Plminview has made au exhaustive investigation into the manner in which dance halls have been and are being operated within the City of Ptainview and from such investigation has found that it is necessary in the inte~re~t o~ the ~Dub~lic peace, mor~ls~ safety and health of ~he public to license aud regulate the operation of dance halls wit~. in the City of ~lai~v~ w, Therefore: BE IT ORDAINED BY THE CITY COUNCIL 0~ THE CITY 0~ PZAINViEW: ~EGTION I This ordinance shall be kn~vn as the dance hall ordinance and the following ~erms, when used herein, are defined and shall mean as follows: a. The term ~private dance" shall mean ~nd include any d~uce ~given or held a~ ~ bonm fide home aud any dance given or held by any non-profit club,, society, association or cor- poration organized for civic, fraternal or charitable purpose, having permanent membership and to which members are not admitted as such for casual er limited, times only and for admission or in- itiation as member~ to t° which the same fee, if any, is charged all persons becoming members thereof Cexcep~tin~g those becoming life members~, and the dues tewhich are required to be paid for periods of not less that six (6). months,, and which club, society, association or corporation does not have any business or commer. cial purposes and ~l~ich owns, =en~s or maintains a place, build- ing or house for the accommodation of its sea's'ers for other material s~ial, civic, fraternal or charitable purposes besides that of dancing; and admission to which dance is gr~nted to mem- bers of such club, society, association or corporation and their invited guest only and from which the general public is excluded. be The term ~'publie dance" shall be taken to mean and in- cl'~lde every dance to which admission is or cau be had or obtain- ed by payment of any fee or in connection with which any charge is made directly or indirectly for admission, caring for clothing and, generally, shall include any dance to which the public gen- erally may gain admission for a fee directly or indirectly paid, or to which the public generally c~l gain admission without the pa~nen~ of any fee, and includes every-ds:~ce except "private ds~ces" as defined in Subdivision (~) of Section I hereof. c. A "public dance hall" shall mean and include any and every room, place, space, building or floor v~here a "public dance" is held or conducted, and shall include every "cabaret" a~d ~'nigh~ ~club" as those terms are commonly and ordinarily unde~sto d. ~'Pmbli¢ dance halls" are divided herein into three cl~sses, according to the area of floor space as follows: Any "~@ublie dance hall" or floor which has two thousand square feet or more of floor space for dancing and sitting purposes is desigmmted as Class A; ~-ny "public dance hall" having five hundred but less than two thousand square feet of floor space for dancing and sitting purposes is designated as Class B; a~ ~'pubiic dance hall" having less than £ive hun- dred sqmare feet of floor space for dancing and sitting purposes is designated as Class C. ~e. The term ~'operator" o~ "day,ce hall operator" as used herein shall be taken to mean the person, firm, asscciati~a, pa~:tnerahip or corporation which conducts, manages, m~intains or co~trols, either directly or indirectly, a~y .~amce hall as defined and designated herein. ~CTION II ~om and after the passage aud publication of this ordinance, it shall be unlawful to hold, conduct or aid and assist in held- lng or conducting any public dance as herein defined, ,except in, and u~der the supervision o£ the operator, of a "p~blic ~ance hall~ duly licensed as such p~blic ~La~ee hall.u_uder the terms of this ordinance, or to maintain or operate any such "pUblic dance hall~ within the limits of the City of Pl~inview unless and until the operator or person in charge of same shall have obtained a license for so doing unde~ the terms of this ordin~ace~ Zicense for ~uch purpose shall be issued by the City ~ecretary of the .'i~.~ City of ~Plainview to any applicant when the conditions of this erdinauce have been complied with and the application for such licenme shall have been approved by the City Co,moil of th~ City of Plain~iew. ~ECTION III ~The following fees shall be charged for such license issued under the terms o£ this ordinance: a, ~or a Class A Dance Hall the ~license fee shall be $100,00, b. For ~ Class B Dance Hall the license £ee shall be $ ?5.00, c, For a Class C Dsmce Hall the license fee shall be $ 50.00. SECTION IV All licenses ismued'he~eunder shall te=minate one ~ear from the date of such issuance. No refund of any license ~ee paid here- unde~ sh~ll be made by the City of Plainview £or any cmuse whatso- ever. Zicensem issued hereunder shall be deemed personal to the licensee, and-shall not be assignable, provided, however, that lic~ enses issued hereunde~ may be transferred from one $oc~tion or place e£ business to a~other location or place of business upon application approved by the City Council as on original application. SECTION V Any person, firm, association, partnership or corporation des- iring m license to operate a dance hall as herein defined, shall file ~iSh the City Secretary a written sworn application £or such license, which application ~all state: a. The location, by street and number of the ~place, space, or building, -aud room or floor, and.the size of such room or space, in- cluding total square feet thereof, which is proposed to be used for such purpose, and the name and address of .the applicant, and if said premises are leased to the applicant, the name of the lessor, b, If the applicant is an individual, that he is a citizen o£ the State of Texas, and that he has not been convicted o£ a felony, or if so, th~ nature of the offense of which he has been convicted, an~ the length of his residence in the City of Plainview, an~ the prewioum occupation or employement of applicant for a period o£ five years next preceding the filing of his application, and if the application is by a firm, association or p~r~nership, ~ll the info~ation required of ~ individual application shall be given ~s to e~.ch member o~ the fi~, association or partnership. c. If the application is m~e on behalf of the corporation, then all of the foregoing info~tion required ~plic~ts sh~lt be given as to the m~nager thereo~, ~d such appli- eati~n sh~lt further s~e when ~d where such corporation h~s ~een chartered, and shall give the n~me of each ~d every stoc~ol~er s~h ee~p~ti~on. d, ~.ether m hotel, rooming house or lodg~g house is con- ducted in ~ par~ of the premises for which a license is sought, ~d if so, the n~ber of rooms contained in such hotel, ~oom~ ho~use or lodging house, ~ud whether such premises ~re to be used prin~ipally for hO~el p~poses, e, Such other ~d additional info~ion as the City Council may :from t~e to time deem proper and necessary ms determined by re- solution o~ such Oo~cil. f. The in,oration given in suc~h application is ~or the pur- pose of determining whether or not under the terms hereof a liee~e shall be granted to ~ch applicant, ~ad it shall be ~la~ul to mis- repr~esent the kind ~nd character o~ d~nce h~ll to be operated, or a~ other fac~: or statement made in said application, and ~y mis- representation made in ~ such application shall, in addition to other penalties prescribed by lmw be ~muse ~or revocation of the license in the m~er hereinafter provided g. ~ license isled under tSe te~s of this ordinance sh~ll not be construed as granting or confe'rri~ ~ vested right to the licensee, or operator, but shall be ~mbject to revocation and c~cel- ation as provided for in this ordi~nse. Upon the filing o~ such ~pplication the CiSy Secret~ sh~ll refer s~e for investigation to t~he Chief o~ Police, the ~blie Health Officer, the Chief of the ~ire Department ~d the Building Inspector, who shall promptly in- vestigate s~me. ~nd if such officers f~d that the premises desired to be used fo~ the ~pese o~ conducti~ a public d~ce ~ll complies with the laws of the State of Texas, this and other ordi~nce~ of the 0ity of Plainview regulating health, sanitation, fire regul- ations, zoning ordinauces and building code of the City Of Plain- view, then such officers in their respective capacities shall note upon such applicmtio~ ~heir approval, and thereupon such applicat- ion shall be referred by the~City Secretary to the City Council, ~which shall approve or disapprove same; and if the application is approved, the City Secretary shall'issue a proper license to such applicant upon~the payment of the license fee prescribed herein. SECTION VI No public dance hall shall remain open or operate~between the hours of 1:@0 o'clock A. N, and 7:00'o!clocE A. N., Central Standard Time, of any ay, provided, however, the may,upon application made to him. grant special permits in writ- ing, permitting any dance hall to remain open on ,special occasions" ~util a later hour.~ "~pe¢ial occasion" as used herein shall mean any special dance being held and ~onducted by any mssociation of persons at or during a convention being held within the 0ity, or in celebration of amy p~ticular event of special significance to the public. SECTION VII tn addition to the other provisions of thi~ ordinance, dance halls shall be governed by the following regulations: a, It shall be unlawful for the operator cf any dance hall to permit any known prostitute, m~le or female procurer, or vag- rantto be present at any public dance or dance hall. b. Nodance hall shall have in anyway connected with it any room or rooms~equipped ~ fitted in--way as sleeping rooms which are open to or let to the patrons of such dance halis, or to the public, with or without a charge being made therefor, provided, however, this section shall not apply to any room or rooms that may be rented to bona fide hotel guests when such dance hall may be operated in a building principally maintained ~md used as bona fide hotel. e. Each dance h~ll shall be supplied with separate and con- venient toilet facilities for each se~, the approach to wh~ich shall be private, maintained in a sanitary condition. d. ~ree ~ccess and entrance into all dance halls shall be at all times accorded ~nd granted to police a~d fire officers of the City of Ptainview when on official duty, e. Ne person or persons shall dan6e, or sh~ll any licensee or operator permit or suffer any person or persons, to dance in auy lr~blic dance hall any indecent, fre~ or immodest dance. f. The operator of any public dance hall shall not violate or permit the v~elation of any of the terms of this ordinance, a~d it ~hall be the duty of the Police and ~ire Officers and the City Health ~Officer of the City of Plainview to require compliance with the te~ns e£ this ordinance~ g; Nothing herein shall be construe~ as authorizing the is- suance of s~ license to conduct any dance hall commonly known as "taxi dance halls"~wherein there are kept and provided female danc- ing partners for male guests, or austomers, who pay by the dance for the privilege of dancing with female partners. h. All refreshment booths in or connected with ar4v dance hall shall b~ constructed, maintained and operated in s~ch manner that those occupying same will remain visible to patrons in such hall at all timeS. i, If, in connection with the operation of any "public dance hall" there is to be employed any guard or watch, man to be on duty at public dances thereat, then prior to the time of such employ- mento~ such guard or wa~ctnnan, the operator of such public dance hall shmll furnish to the City Secretary the name of the guard or watehmam~ expected to be employed, ~iving the place of the then residence and the place or ~places of his previous resid-ence for ~he preceding five years. SECTION VIII ~ If in the opinion of the Chief of Police. an~ special guard or Watchman is needed to assist in maintaining peace ~ud geed order at a~y such dance hall and a guard or watchman is beihg maintained and employed therefor by any licensee or operator, then if in the -opinion of the Chief of Police, such guard or watchman is a proper pers,n to so act, he shall be privileged to issue to ~uch person a cor~mission as ~'special policeman" whose authority as a police- man of ~he 0ity of P~ainview shall be wholly limited to, the prem- ise~ where such dance hall is being conducted a~ud operated and the sidewa2ks and streets imediate~¥ ad,scent thereto. If any much special policeman is so appointed, he may be removed at will by the Ohief of Police, and the City of Plainview shall pay to any such special policeman so appointed a salary of ~l.00 per month. SEOT I0N IX If any operator or licensee of a ~'Dubli¢ dance hall" shall request the 0bier of Police to assig~ a police officer at any such dance hall while dances are being h$,ld, or if, in the opinion of the Chief of Police, it is necessary for the handling ef tra~f- ftc~ or for the preservation of peace and order so to do, then the Chief of Police shall designate a police officer ko attend such dance performance and the operator er licensee of such dance hall shall pay to the 0ity of Plainview $5,00 for each dance te which such police officer shall be assigned. No liability shall be created against the City by reason of assigning or failing to assign any such police officer to such dance hall, and the assign- ing of any such police officer to such dauce hall shall in no wise relieve the licensee or operator thereof of complying with this ordinance or seeing that it is complied with so far as the dances held or conducted at the public dance halls operated by him. SECTION X. If a dance hall hereunder is not being conducted in accord- ance with thi~ ordinance, the laws of the State of Texas, or other ordinances of the City of Plainview, the Chief of Police may at any time give notice in wrtiting to such operator or licensee, manager, person or persons in control of the operation and Eainten- auce of such dance hall that the permit or license issued for the opera.tion and maintenance of said dance hall has ~een revoked and cancelled, which said notice or revocation and cancellation shall become a final revocation and cancellation after the expiration of ten days from the date of 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 cha~e of said dance hall shall file with the City Secretary of the City of Plainview, a written appeal, addressed to the City Council of the City of Plainview, in which it is requested that the City Council grant unto him or her a hearing upon the question as to whether or not the permit or license issued be cancelled and revoked, which said _appeal, if made and filed, as prescribed herein, sha~ll be immed- iately referred to the City 0ouncil l~y the City Secretary_ at i~s ne~ meeting, ~nd the filing of such appeal as herein provided shall operate as a stay or postponement of said revocation until ~ch time as the said Council shall hold a hearing sm~ make final adju~ upon the question as t~o 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 j~dgm~nt of the City Council, after hearing the evidence and facts at a hearing wherein the applicant is permitted to appear and offer evidence, shall he final a~d ~ncl~sive as to all parties, SEOTION XI The provisions of this ordinauce shall not apply to private dances given at private homes or to dances given or conducted by private clubs, societies, persons or corporations where the attend. ante is restricted to the me~bers of such-socze ~,y, club or corpora- tion and any bona fide invited guest~ from which the general public is excluded. SECTION XII Any person, associmtion, corpor~mtion, operator or licensee, who shall violate or aid or assist in violating any of the provis- ~ions of this ordinance shall be deeme& guilty of a misdemeanor, and shall upon conviction thereof, be fined not less th~n $~.00 nor more than~ $~00.00 for each such offense. Any remedy prescribed herein for the enforcement of this ordinance shall be ~erely cum- v lative and shall not preclude resort t,o any other remedy provided by law~ SECTION XIiI I~f any section, paragraph er provisions of this ordinance shs~Ll be declared invalid by any court of competent jurisdiction, any such invalid section or paragraph or provision shall not affect the remaining sections or portions of this ordinance, but the same shall continue to remain in force aud effect. SECTION X~ Eo license grouted under the terms of this ordinance shall be deemed as granting any vested right to such licensee, but the same shall remain subject to the terms and provisions of this or- dinance,- and subject to such future regulations as shall be pro. mulgated by the City Council o£ the 0ity of Plainview by ordin- SE0~ION XV All ordinances or parts of ordinances dealing with the sub- ject of dance halls are hereby expressly re~aled, but this ordi- nance shall be deemed cumulative of existing ordinances ef the City of Plainview~ as to any and all other matters herein referred to. 2ASS3D ~D ADOP23D this 18¢~ day 0£ ~ Ju ,.ty. . 1988. A SR-OV ] this 18 _. day of __ Ju l.y, Z9 8, (SEAl) Tom Shelton 0fry of~ 'P[ainv.i'ew,'~Texas ATT ST. Motion by Alderman Osborne, ~eoondea by Hancock t.hat the following resolution be passed and pred. Th'e motion ~stc~.i~a and it was ordered and the resolution fellows: BE IT RESOLVED, that the 0itY of ~Ptainv$~w hay? ing investigated the qualifications of N. E. Bry~.mn_, Engineer of Plainview, Texas, and having confidence in his ability, do hereby nominate him as the engineer to prepare plans aris spec- ifioations and to supervise the construction of the project for which applications for a grant has been made to Public Works Admznmstrat~on, ~: BE IT. PURTHER P~ESOLVED, that this nomination be sent to the Acting State Director of l%~blic Works Administration at Port Worth, Texas with the request that the same be approved.