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Home My WebLink AboutOrdinance 11557 ORDINANCE NO. ~ ~~~ • AN ORDINANCE AMENDING CHAPTER 20, ARTICLE II, DIVISION 4, "DANCE HALLS", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY CHANGING SECTIONS 20-61 AND 20-76 TO PERMIT PERSONS UNDER THE AGE OF 17 YEARS TO ATTEND DANCES AT TEEN CLUBS AFTER ..9:00 P.M. WITH WRITTEN PERMISSION FROM THEIR PARENT OR GUARDIAN; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $500.00 FOR EACH OFFENSE IN VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY'OF FORT WORTH, TEXAS: SECTION 1. That Chapter 20, Article II, Division 4, "Dance Halls," of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended as follows: • 1. Section 20-61, "Definitions", is amended by changing the definition of the term "Cabaret, nightclub or tavern" to read as follows, and by adding the following definition of the term "Teen club": "Cabaret, nightclub or tavern" shall mean any space, structure, building or resort opened to the public, enclosed or unenclosed, where food, beer, wine or other beverages are served on the premises including restaurants and cafes, and where patrons are provided with a space for dancing or are permitted to dance. Does not include a "Teen club." "Teen club" shall mean a "Public dance hall" that is open only to patrons under twenty-one (21) years of age and does not serve alcoholic beverages or permit alcoholic beverages to be consumed on the premises; includes all adjacent properties and motor vehicle parking areas or lots that are under the care,. custody and control of the operator of the "Teen club". 2. Section 20-76, "Age restriction", is amended to read as follows: . "Sec. 20-76. Age Restrictions. (a) Except as provided in paragraph (b) of this • Section, no person under the age of seventeen (17) years shall be permitted to attend or take part in any public dance after 9:00 p.m. unless such minor is accompanied by his or her parent or guardian. It shall be unlawful for any person to falsely represent himself or herself to be the parent or guardian of a minor for the purpose of gaining the minor's admittance to such a dance hall. (b) A person under the age of seventeen (17) years shall be permitted to attend or take part in a public dance after 9:00 p.m. if the dance is held at a teen club and the person has written, notarized permission to attend signed by his or her parent or guardian. Such permission must be in the possession of the person or a copy must be on file with the operator at the teen club. It shall be unlawful for any person to falsely sign written permission representing himself or herself to be the parent or guardian of a minor for the purpose of gaining the minor's admittance to such a dance. SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event, such conflicting provisions of such ordinances and Code are hereby repealed. SECTION 3. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect -2- • any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth., Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended in Section 1 hereof, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby • directed to publish the caption and Section 4 of this ordinance for two (2) consecutive days in the official newspaper of the City of -3- Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code. SECTION 7. This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ~ _ Z ~O ADOPTED • /~, J i l9 ~ '7 EFFECTIVE' • -4- .~ i CIT I FO WO , TEXAS ~~ ,~o~d-o~~ 6~[ COUNCIL PROPOSAL Date File Number Subject Ordinance Permitting Persona Under 17 Years of Age w Attend Dances At 5-3-94 CP-185 Teen Clubs After 9:00 P.M. With WrittenPermission From A Parent Or Guardian Proposed by counciimembers City Manager's Review/~~t Listed Below \ Page 1 oft Proposal• It is proposed that the City Council adopt the attached ordinance which would amend Chapter 20 of the Fort Worth City Code to permit persons under seventeen (17) years of age to attend dances at teen clubs after 9:00 p.m. with written permission from a parent or guardian. Backaround• A citizen has contacted Councilmember William Meadows concerning the citizen's desire to open a teen club that would offer activities for persons 20 years and younger. No alcoholic beverages would be served or permitted to be consumed at the club. The proposed recreational activities would include dancing. The City of Fort Worth has in effect an ordinance which regulates dance halls (Chapter 20, Article II, Division 4 of the Fort Worth City Code). Section 20-76 of this ordinance provides that no person under the age of seventeen years shall be permitted to attend any public dance after 9:00 p.m. unless the person is accompanied by a parent or guardian. This would conflict with the planned operation of a teen club. It is proposed that the restriction imposed by section 20-76 be amended so that a person under seventeen years of age could attend a dance after 9:00 p.m. at a teen club if the person's parent or guardian gave permission in writing. A "teen club" would be defined as a place that is only open to persons under twenty-one years of age and does not permit alcoholic beverages to be served or consumed. A person under seventeen would be required to have notarized permission to attend the dance in his or her possession, or a permission slip could be kept on file with the operator of the teen club. The attached ordinance was prepared by the Department of Law in cooperation with the Police Department. The proposed amendment would permit teen clubs to provide recreational activities for teenagers in a suitable environment but would assure that parents and guardians retain adequate rights of control and supervision. Lectality• The City Attorney has reviewed this proposal and finds no legal impediments to adoption of the attached ordinance. Fiscal Note: This proposal does not require the expenditure of any City funds. ^ LEGALITY ^ FISCAL NOTE ^ CITY MANAGER'S COMMENTS ^ CITY POLICIES MANUAL Ci~ ~ TEXAS Date File Number Subject p,,d;~e pe~~ pew Under 17 Yeah of Abe to Attend Dances At 5-3-94 CP-185 Teea Clubs After 9:00 P.M. With WritteaPermiwioa From A Paroat Or Guardian Proposed by Councilmembers City Manager's Review Listed Below Page 2 of 2 Citv Manaoer's Comments: The City Manager has reviewed this proposal and has no objection to adoption of the attached ordinance. Mayor Councilmember District No. 5 Councilmember District No. 2 Councilmember District No. 3 Councilmember District No. 4 Councilmember District No. 6 Councilmember District No. 7 Councilmember District No. 8 Councilmember District No. 9 APPROVED CITY CQC!i~C(L ^ LEGALITY ^ FISCAL NOTE ^ CITY MANAGER'S COMMENTS ^ CITY POLICIES MANUAL MAY ~ 'f994 Cite Sacrstar~ of tlt~ City of Fort Worth, Texas Adn~fed OtQirtari~e No. ~~~ COUNCIL PROPOSAL