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HomeMy WebLinkAboutOrdinance 7906 - .. ORDINANCE NO ^ ~n (p AN ORDINANCE AMENDING CHAPTER 13A, ARTICLE II OF THE CODE OF THE CITY OF FORT WORTH, TEXAS, WHICH ARTICLE PROHIBITS DISCRIMINATION AGAINST ANY PERSON BECAUSE OF RACE, COLOR OR NATIONAL ORIGIN IN PLACES OF PUBLIC ACCOMMODATION, BY MAKING CHANGES IN THE TITLES OF CERTAIN SECTIONS, BY ADDING A DEFINITION OF "DISCRIMINATION", BY ADDING SEX AND RELIGION AS PROTECTED CLASSIFICA- TION,REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That the present Section 13A-13, Article II, Chapter 13A, Code of the City of Fort Worth, Texas (1964), as amended, is hereby renumbered and amended so that the same shall hereafter be and read as follows "Section 13A-11 Construction of certain terms, provisions inapplicable to facilities operated by bona fide private club "(a) The terms 'hotel' and 'motel' as~used in this article shall include every establishment offering lodging to transient guests for compensa- tion, but said terms sha-11 not apply to any such establishment if the majority of occupants are permanent residents and have their fixed place of domicile therein "(b) The term 'restaurant' as used in this article shall include every cafe, cafeteria, coffee shop, sandwich shop, parlor or luncheonette which offers food or beverages for purchase and consumption on the premises, but shall not include places at which alcoholic beverages are sold other than as an accom- paniment to meals "(c) The terms 'bar' and 'lounge' as used in this article shall include every bar, lounge or tavern licensed by the State of Texas to serve alcoholic beverages of any content, including wines and beer, for consumption on the premises, other than restaurants and night clubs as herein defined "(d) The term `night article, shall include nig houses offering facilities social recreation or group and also offering for sale alcoholic or non-alcoholic club', as used in this 'zt clubs, cabarets or coffee- for public entertainment, amusement or relaxation, any beverage, whether J _. :~, .. "(e) The term 'theater' as used in this article shall include every place, whether indoors or out-of-doors, at which any theatrical performance, moving picture show, musical concert, circus or carnival is offered for compensation. "(f) This article shall not apply to any hotel, motel, restaurant, bar, lounge, night club, cabaret or theater operated by a bona fide private club when the accommodations, advantages, facilities and services are restricted to the members of such club and their guests; nor to any bona fide social, fraternal, educational, civic, political or religious organization, or to any private kindergarten, day care center or nursery school, when the profits of such accommodations, advantages, facilities and services, above reasonable and necessary expenses, are solely for the benefit of such organization. "(g) As used in this article, 'discrimination' shall be defined as disparate treatment or treatment resulting in disparate effect, which shall include but not be limited to withholding or denying of entry, services or facilities, or any other advantage offered to the general public by the place of public accommo- dation." SECTION 2. That the present Section 13A-11, Article II, Chapter 13-A, Code of The City of Fort Worth, Texas (1964), as amended, is hereby renumbered and amended so that the same shall hereafter be and read as follows "Section 13A-12. Prohibited "It shall be unlawful for any person, firm, association or corporation, or any employer or agent thereof, within the City of Fort Worth to discriminate against, withhold from or deny, any person, because of race, color, religion, sex or national origin, any of the advantages, facilities or services offered to the general public by a place of public accommodation. "It shall not be unlawful for any person, firm, association or corporation, or any employee or agent thereof, wit hin the City of Fort Worth to deny any person entry to any restroom, shower room, bath house or similar facility which has been designated for the use by persons of the opposite sex." SECTION 3. That the present Section 13A-12, Article II, Chapter 13-A, Code of The City of Fort Worth, Texas (1964), as amended, is hereby renumbered so that the same shall hereafter be designated "Section -2- r ,~. • r 13A-13. 'Place of Public Accommodation' defined." SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be held invalid, it shall not affect any provisions of this or any other ordinance of the City of Fort Worth to which these rules and regulations relate, and the provisions hereof are declared to be severable. SECTION 5. This ordinance shall repeal every prior ordinance and provision of the Code of the City of Fort Worth in conflict herewith, but only insofar as the portion of such prior ordinance or provision shall be in conflict, and as to all other ordinances or provisions of the Code not in conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. APPROVED AS TO FORM AND LEGALITY: • ity Attor ey ADOPTED : {~ A y ~ ~ l-j ~ EFFECTIVE• -3- •-"~~ FI E ~ ' pity ®f' ~®rt ~®rth, ~Ce.~a~ $'IERCHERT, ~~j((A/®~ W+4/~~{..IV ~®LL/W~~~IV ~1./®~~LL/W~~~L/`IAVLL/~®~ BAILIFF ~/ SMITH ~T1lRNS DATE REFERENCE SUBJECT PA 1 NUMBER 4/10/.79 G-4123 Amendment to Public Accommodation Ordina ce>.or Over a year ago the Human Relations Commission, in response to its Judicial Relations Committee, became aware of the need to amend the Fort Worth Public Accommodations Ordinance. These amendments were necessary for technical and clarification purposes. The Commission submitted a request to the City Attorney's office requesting the preparation of these amendments. Specifically, the amendments establish a definition for unlawful discrimination by a place of public accommodations, add sex as a protected class, and reorganizes certain sections of the ordinance. The Department of Law has completed these amendments for the Commission. The proposed amendments are attached for City Council action. Recommendation It is recommended that City Council adopt the attached amendments to the Public Accommodations Ordinance. VSejc Attachment SUBMITTED FOR THE CITY MANAGER'S DISPOSITION Y COUNCIL: PROCESSED BY OFFICE 8Y APPROVED ORIGINATING T CRIBE) ~~~ DEPARTMENT HEAD: Bill H l A ~~~~~p ® ~ ~ `~ ' ~ ~ a e + ~i ; ~ ~V,y CITY SECRETARY FOR ADDITIONAL INFORMATIOf~lll Hale ext. 7525 S ~ ~^~~ ` `' ~ ~ ~ ~~ CONTACT DATE .