SEC. 14-2. LICENSE REQUIRED.

(C) each individual who is an officer of a dance hall business for which a license application is made under Section 14-2, regardless of whether the individual’s name or signature appears on the application;

(D) each individual who has a 20 percent or greater ownership interest in a dance hall business for which a license application is made under Section 14-2, regardless of whether the individual’s name or signature appears on the application; and

(E) each individual who exercises substantial de facto control over a dance hall business for which a license application is made under Section 14-2, regardless of whether the individual’s name or signature appears on the application.

(2) DANCE HALL means a place where:

(A) dancing by patrons or customers is permitted; or

(B) dance or any similar live performance is presented to the public.

(3) CLASS A DANCE HALL means any place where dancing is permitted three days or more a week.

(4) CLASS B DANCE HALL means any place where dancing is permitted less than three days a week.

(5) CLASS C DANCE HALL means any place where dancing is scheduled one day at a time.

(6) CLASS E DANCE HALL means any place where dancing is permitted seven days a week for persons from age 14 through age 18 only.

(7) CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. “Conviction” includes disposition of charges against a person by probation or deferred adjudication.

(8) HOTEL OR MOTEL means a hotel or motel as defined in the Dallas Development Code, as amended.

(9) IN SESSION means the status of a school during the fall or spring term when students are required to attend the school.

(10) LATE-HOURS PERMIT means a permit authorizing a licensee to operate a Class A, B, or C dance hall until 4:00 a.m.

(11) LICENSE means a permit to operate a dance hall.

(12) LICENSEE means:

(A) a person in whose name a license to operate a dance hall has been issued;

(B) each individual listed as an applicant on the application for a dance hall license;

(C) each individual who is an officer of a dance hall business for which a license has been issued under this chapter, regardless of whether the individual’s name or signature appears on the license application;

(D) each individual who has a 20 percent or greater ownership interest in a dance hall business for which a license has been issued under this chapter, regardless of whether the individual’s name or signature appears on the license application; and

(E) each individual who exercises substantial de facto control over a dance hall business for which a license has been issued under this chapter, regardless of whether the individual’s name or signature appears on the license application.

(13) PERSON means an individual, partnership, corporation, association, or other legal entity.

(14) PRIVATE CLUB 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.

(15) SCHOOL means a public or private elementary or secondary school.

(16) TRANSFER OF OWNERSHIP OR CONTROL of a dance hall means and includes any of the following:

(A) the sale, lease, or sublease of the business;

(B) the transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(C) the establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. Nos. 15721; 18725; 18803; 18994; 19241; 21184; 21837; 23137; 24440; 24541)

SEC. 14-2. LICENSE REQUIRED.

(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. Only a person who is an officer of or who has an ownership interest in a dance hall business may apply for a license for the dance hall. Each applicant must be qualified according to the provisions of this chapter.

(c) A person who wishes to operate a dance hall must sign the application for a license as an applicant. If a person who wishes to operate a dance hall is other than an individual, each individual who is an officer of the business or who has a 20 percent or greater ownership interest in the business must sign the application for a license as an applicant. Each applicant must meet the requirements of Section 14-3(a), and each applicant will be considered a licensee if a license is granted.

(d) It is a defense to prosecution under this chapter that the actor is conducting a dance at:

(1) a private residence from which the general public is excluded;

(2) a place owned by the federal, state, or local government;

(3) a public or private elementary school, secondary school, college, or university;

(4) a place owned by a religious organization;

(5) a location where no more than three dances a month are conducted and the actor is a private club;

(6) a hotel or motel that contains a dance hall that is not promoted or advertised for use by members of the general public who are not occupants of the hotel’s or motel’s guest rooms;

(7) an establishment that:

(A) has a restaurant certificate of occupancy;

(B) has a valid food and beverage certificate issued by the Texas Alcoholic Beverage Commission;

(C) derives 50 percent or more of its gross revenues on a quarterly basis from the sale of food and nonalcoholic beverages; and

(D) does not charge an entrance or admission fee; or

(8) an establishment where:

(A) persons contract for instruction in dance methods, styles, techniques, and disciplines recognized by professional dance organizations;

(B) the dance instruction is only provided by persons trained in dance methods, styles, techniques, and disciplines recognized by professional dance organizations;

(i) a person employed or under contract to provide dance instruction at the establishment; and

(ii) a person contracting for dance instruction at the establishment; and

(D) the primary purpose of the dancing at the establishment is for the education of the persons contracting for dance instruction and not for the entertainment of the general public. (Ord. Nos. 15721; 19241; 21184; 21837; 23137; 24440; 24541)

SEC. 14-2.1. LOCATION OF CLASS E DANCE HALLS WITHIN 1,000 FEET OF A BUSINESS SERVING OR SELLING ALCOHOLIC BEVERAGES.

(a) In this section, BUSINESS THAT SERVES OR SELLS ALCOHOLIC BEVERAGES means a bar, lounge, tavern, or liquor store use, as defined in Section 51A-4.210 of the Dallas City Code, as amended.

(b) No license may be issued for a Class E dance hall under this chapter if the dance hall will be located within 1,000 feet of a lawfully existing business that serves or sells alcoholic beverages.

(c) For purposes of this section, measurements must 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 June 27, 1990, a business operating as a Class E dance hall is located within 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 June 27, 1990, unless the use is sooner terminated for any reason or voluntarily discontinued for a period of 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. (Ord. Nos. 20663; 21184; 23137; 24440)

SEC. 14-2.2. RESERVED.

(Repealed by Ord. 23137)

SEC. 14-2.3. EXEMPTION FROM LOCATIONAL RESTRICTIONS FOR LATE-HOURS PERMITS.

(a) If the chief of police denies the issuance of a late-hours permit for a Class A, B, or C dance hall to an applicant because the location of the dance hall is in violation of Section 14-3.1 of this chapter, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of Section 14-3.1.

(b) If a written request is filed under Subsection (a) of this section with the city secretary within the 10- day limit, a permit and license appeal board, created under Section 2-95 of this code, shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.

(c) A hearing by the board may proceed if a quorum of the board is present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.

(d) The permit and license appeal board may, in its discretion, grant an exemption from the locational restrictions of Section 14-3.1 for a late-hours permit for a Class A, B, or C dance hall, whichever applies, if it finds that:

(1) the location of the proposed dance hall will not have a detrimental effect on nearby property or be contrary to the public safety or welfare;

(2) the location of the proposed dance hall will not downgrade the property value or quality of life in any adjacent area or encourage the development of urban blight;

(3) the location of the proposed dance hall operating under a late-hours permit in the area will not be contrary to any program of neighborhood conservation or interfere with any efforts of urban renewal or restoration; and

(4) all other applicable provisions of this chapter will be observed.

(e) The board shall grant or deny the exemption by majority vote. Failure to reach a majority vote will 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 permit and license appeal 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, unless a two-year exemption is granted under Subsection (g) of this section.

(g) Two-year exemptions.

(1) The board, by a majority vote, may grant a dance hall an exemption from the locational restrictions of Section 14-3.1 for a two-year period after the date of the board’s action, if, in addition to determining that the dance hall qualifies for an exemption under Subsection (d) of this section, the board finds that:

(A) the dance hall has been granted an exemption from the locational restrictions of Section 14-3.1 for the three consecutive years preceding the current exemption request;

(B) the applicant has not had any dance hall license suspended, revoked, or denied within the 24 months preceding the exemption request; and

(C) no violations of this chapter have been committed by the applicant, or by any employee of a dance hall of the applicant, within the 24 months preceding the exemption request.

(2) If the board grants a two-year exemption for a dance hall under this subsection, the applicant is still required to annually obtain a dance hall license and a late-hours permit for the dance hall and pay the required license and permit fees in accordance with this chapter. If an annual late-hours permit for the dance hall is denied under Section 14-3.1(c), then the two-year exemption becomes void, and a new exemption must be obtained from the permit and license appeal board.

(h) Upon the expiration of an exemption, a dance hall operating under a late-hours permit is in violation of the locational restrictions of Section 14-3.1, until the applicant applies for and receives another exemption.

(i) If the board denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the board’s action.

(j) The grant of an exemption for a late-hours permit for a Class A, B, or C dance hall does not exempt the applicant from any provision of this chapter other than the locational restrictions of Section 14-3.1. (Ord. Nos. 21184; 21837; 23137; 24440; 25002)

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