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[00:00:03]

GOOD MORNING. THE TIME IS

[Quality of Life, Arts and Culture Committee on June 15, 2026.]

09:08 AM, AND I'M GOING TO CALL THE QUALITY OF LIFE ARTS AND CULTURE COMMITTEE TO ORDER. THE FIRST ITEM ON THE AGENDA IS APPROVAL OF THE MINUTES.

MOTION HAS BEEN MADE, PROPERLY SECONDED. ALL IN FAVOR? ANYBODY OPPOSED? ALL RIGHT. WELL, WE HAVE QUITE A FEW PRESENTATIONS ON THE BRIEFING THIS MORNING, ON THE AGENDA THIS MORNING.

SO, I'M NOT GOING TO DELAY IN THAT PRESENTATION. SO WITHOUT FURTHER ADO, I WILL CALL UP THE TEAM, DIRECTOR MARTINE PHILIPPE TO INTRODUCE THE FIRST BRIEFING ON THE AGENDA.

GOOD MORNING, CHAIR GRACIE AND MEMBERS OF THE QUALITY OF LIFE COUNCIL COMMITTEE.

I'M MARTINE PHILIPPE. I SERVE AS DIRECTOR OF THE OFFICE OF ARTS AND CULTURE AND I WANT TO MAKE A NOTE TO CHAIR RIDLEY. I THOUGHT I'D WEAR A NEW YORK KNICKS BASEBALL CAP TO CELEBRATE THE KNICKS CHAMPIONSHIP IN YOUR SPIRIT, BUT I DIDN'T.

AT ANY RATE, GO KNICKS. SO I'M REALLY HAPPY TO BE HERE TO PRESENT STAFF WORK FOLLOWING THE HOSPITALITY AND NIGHTLIFE TASK FORCE RECOMMENDATIONS THAT WERE PRESENTED IN MARCH. I'M ALSO EQUALLY EXCITED TO INTRODUCE OUR NEW NIGHTTIME ECONOMY AND RESPONSIBLE HOSPITALITY MANAGER WHO'S JOINING ME TODAY, RAFAEL TAMAYO.

AND JUST A NOTE OF BACKGROUND BEFORE WE MOVE FORWARD, WE HAVE SEVERAL DEPARTMENTS WHO ARE PRESENT THIS MORNING WHO WILL ENGAGE IN ANY QUESTIONS AND ANSWERS AS NEEDED FOLLOWING THIS PRESENTATION, AND WE'LL BE SURE TO ACKNOWLEDGE THEM WITHIN THIS PRESENTATION.

NEXT SLIDE. AS I NOTED, WE HAVE A NUMBER OF SUPPORT, INTERDEPARTMENTAL SUPPORT, AND I WANT TO ACKNOWLEDGE THE STAFF MEMBERS WHO ARE HERE.

TO YOUR RIGHT, WE HAVE STAFF FROM CODE COMPLIANCE SERVICES, PLANNING AND DEVELOPMENT, DALLAS FIRE AND RESCUE, DPD, OUR CITY ATTORNEY'S OFFICE, AND OUR CONVENTION AND EVENT SERVICES DEPARTMENT, ALL OF WHOM PARTICIPATED IN EXTENSIVE TIME PLANNING, REFLECTING, REVIEWING THE RECOMMENDATIONS THAT CAME FROM THE TASK FORCE, ENSURING THAT WHAT WE PRESENT TO YOU TODAY IS FEASIBLE GIVEN THE VARIOUS SCOPE OF WORK THAT OUR DEPARTMENTS HAVE OVERSIGHT OF. I WANT TO THANK THEM FOR THEIR TIME AND COLLABORATION AND FOR HELPING SHAPE THE TASK FORCE RECOMMENDATIONS TO REFINE EVERY DETAIL OF THE ORDINANCE DRAFT THAT'S ALSO GOING TO BE PRESENTED TO YOU TODAY.

AND AGAIN, THANKS FOR YOUR ENDLESS SUPPORT, ALL THE TEAM MEMBERS WHO ARE HERE THIS MORNING AND WHO PARTICIPATED IN THE PAST SEVERAL MONTHS.

NEXT SLIDE. AS AN OVERVIEW, YOU'LL SEE EACH SECTION OF OUR PRESENTATION HERE AND THE RELATED SLIDE PAGE NUMBER.

WE'LL START WITH A RECAP AND UPDATES, MOVE FORWARD TO DISCUSS THE ENTERTAINMENT LICENSE, ITS APPLICATION PROCESS, SAFETY REQUIREMENTS RELATED TO THAT LICENSE, SOUND MANAGEMENT PROVISIONS, THE ENFORCEMENT STRUCTURE RELATED TO THE ENTERTAINMENT LICENSE, WHAT IT WILL TAKE TO HAVE THAT LICENSE RENEWED, SOME OF THE PROGRAMMING IN TERMS OF COMMUNITY ENGAGEMENT AND EDUCATIONAL RESOURCES THAT WILL BE BORN OF THE WORK OF OUR NIGHTTIME DIVISION IN OAC. INCENTIVES PLANNED.

WE'LL TALK A BIT ABOUT THE DRAFT ORDINANCE IN AN OVERVIEW FORMAT AND THEN DISCUSS NEXT STEPS.

NEXT SLIDE. AS A FORM OF RECAP, THIS EFFORT BEGAN IN OCTOBER OF 2025 WHEN COUNCILMEMBER WEST REQUESTED THAT THE CITY REVIEW HOSPITALITY-RELATED REGULATIONS THAT MANY OF OUR STAKEHOLDERS FELT WERE OUTDATED. WE HAD SOME FEEDBACK FROM BUSINESS OPERATORS WHO SHARED CONCERNS THAT EXISTING RULES WERE UNCLEAR, INCONSISTENTLY ENFORCED, AND AT TIMES, YOU KNOW, THOUGHT AS NOT DESIGNED FOR MODERN NIGHTLIFE OPERATIONS.

AT THE SAME TIME, WE HAVE RESIDENTS WHO RAISED VALID CONCERNS REGARDING NOISE, PUBLIC SAFETY, AND THE IMPACTS OF LATE-NIGHT BUSINESS IN MIXED-USE NEIGHBORHOODS.

SO THE WORK OF THE TASK FORCE FOLLOWING THEIR FORMATION IN OCTOBER, COUPLED WITH THE WORK OF THE STAFF IN MARCH FOLLOWING THE PRESENTATION OF THEIR RECOMMENDATIONS, REPRESENTS SEVERAL MONTHS OF COLLABORATION AGAIN BETWEEN CITY STAFF, OUR HOSPITALITY OPERATORS, COMMUNITY STAKEHOLDERS, AND OF COURSE OUR CULTURAL ARTS LEADERS WHO ALSO ENGAGED IN THESE EFFORTS. OUR GOAL...

ESSENTIALLY... I DON'T KNOW ABOUT THAT ECHO.

AM I GOOD? ALL RIGHT. OUR GOAL WAS

[00:05:01]

TO EVALUATE HOW... OKAY. HOW DALLAS CURRENTLY REGULATES NIGHTLIFE AND HOSPITALITY AND DETERMINE HOW OUR POLICIES CAN BETTER SUPPORT BOTH QUALITY OF LIFE AND ECONOMIC VITALITY IN THIS 21ST CENTURY OF BUSINESS. COLLECTIVELY, THE TASK FORCE DEVELOPED THE CONCEPT OF THIS ENTERTAINMENT LICENSE THAT WAS PRESENTED TO THE BODY IN MARCH, AND STAFF HAS EXTENDED AGAIN TO ENSURE THAT THOSE RECOMMENDATIONS LAND AS WORK THAT'S FEASIBLE FOR US TO DELIVER AND ENFORCE.

NEXT SLIDE. IN TERMS OF UPDATES, SINCE THAT TIME IN MARCH, STAFF HAS REVIEWED THE RECOMMENDATIONS AND CONTINUED BUILDING ON THEM WITH RESPECT TO WHAT'S PRACTICAL IN TERMS OF IMPLEMENTATION FOR US, CONSIDERING ALL THE RELEVANT CITY EXISTING ORDINANCES THAT ARE IN PLACE AND OF COURSE THE CAPACITY OF THE VARIOUS STAKEHOLDERS INTERNALLY AND EXTERNALLY.

THE UPDATES THAT HAVE BEEN MADE SINCE MARCH BASED ON STAFF FEEDBACK AND INPUT INCLUDE REVISING A VENUE TIER SYSTEM TO STREAMLINE THE FOCUS OF VENUES THAT POSE THE HIGHEST RISK, NOTABLE AMPLIFIED SOUND PROVISIONS THAT HAVE BEEN REVISED WITH A HEAVIER CONSIDERATION TO QUALITY OF LIFE, AND OF COURSE STANDARDS AND METHODOLOGIES THAT HAVE BEEN REVISED FOR SUSTAINABILITY AND ENFORCEMENT RECOURSES BY OUR PARTNER DEPARTMENTS.

WITH THESE REVISIONS, WE'RE NOW PREPARED TO PRESENT A PROPOSED DRAFT ORDINANCE THAT'S BEEN FURNISHED FOR YOUR REVIEW FOR AN ENTERTAINMENT LICENSE THAT'S INTENDED TO TAKE PLACE OF CHAPTER 14'S DANCE HALLS.

IT'S REALLY IMPORTANT TO NOTE BEFORE WE MOVE FORWARD THAT THIS PROPOSAL IS COMPLETELY INDEPENDENT FROM OTHER HAPPENINGS, SIMULTANEOUS UPDATES THAT ARE HAPPENING RELATED TO OUR NIGHTLIFE AND ENTERTAINMENT INDUSTRY POLICIES. SO YOU MAY HAVE AT FRONT OF MIND THE MEMO THAT WAS FURNISHED FORWARD ON MAY 22ND THAT PROVIDED CLARIFICATION OF RESTAURANT USE AND CO REVOCATIONS, CERTIFICATE OF OCCUPANCY REVOCATIONS, AND THOSE ARE RELATED MATTERS.

BUT TODAY WE'LL BE FOCUSED ON THE ENTERTAINMENT LICENSE.

NEXT SLIDE. REGARDING THE ENTERTAINMENT LICENSE, IT'S ALSO WORTH NOTING THAT A LICENSE IS CHARACTERIZED AS AN ONGOING AUTHORIZATION ISSUED BY A GOVERNMENT AGENCY THAT ALLOWS A PERSON OR A BUSINESS TO ENGAGE IN A REGULATED ACTIVITY.

THESE LICENSES OFTEN REQUIRE QUALIFICATIONS, TRAINING, VETTING, AND OF COURSE PERIODIC RENEWALS.

SO THE LICENSE IS DESIGNATED TO BE STACKED ONTO A CO, NOT TIED TO A SPECIFIC ART FORM OR BUSINESS GENRE, AND IT DOES NOT SUPERSEDE THE LAND USE FOR A PARTICULAR OPERATION.

IN TERMS OF PURPOSE, THE MAIN PURPOSE OF THIS LICENSE IS TO PROVIDE FLEXIBILITY WHILE STILL ENSURING THAT OUR VENUES THAT ARE OPERATING ENTERTAINMENT ACTIVITIES MEET CLEAR OPERATIONAL STANDARDS.

ADDITIONALLY, THE LICENSE WILL SUPPORT CULTURAL AND ECONOMIC VITALITY, WHICH OF COURSE WAS ONE OF OUR GOALS. AND IN THE EXTENSION OF OUR NEXT EQUALLY IMPORTANT GOAL, WHICH IS TO PROTECT PUBLIC SAFETY, NEIGHBORHOOD LIVABILITY, HEALTH, AND WELFARE FOR THE RESIDENTS AND VISITORS WHO ARE IN AND AROUND THOSE ACTIVITIES.

NEXT SLIDE.

AS IT PERTAINS TO ENTERTAINMENT ACTIVITY, FOR THE CONTEXT OF THIS CHAPTER, ENTERTAINMENT ACTIVITY HAS BEEN DEFINED AS ONGOING ACTIVITY TO WHICH THE PUBLIC IS INVITED OR ALLOWED TO WATCH, LISTEN, OR PARTICIPATE FOR FREE OR FOR A FEE AND INCLUDES ONE OR MORE OF THE FOLLOWING. A IS NOTED AS A BAND OR DISC JOCKEY WHO'S PROVIDING MUSIC FOR PATRONS OR CUSTOMERS OF AN ESTABLISHMENT. THIS DOES NOT INCLUDE AMBIENT MUSIC PLAYED THROUGH LIKE A RADIO, STEREO, OR JUKEBOX OR OTHER SIMILAR DEVICE.

NEXT. DANCING TO LIVE OR RECORDED MUSIC BY PATRONS OR CUSTOMERS, OR LIVE PERFORMANCE THAT'S PRESENTED TO THOSE PUBLIC PATRONS.

NEXT SLIDE.

IN TERMS OF APPLICABILITY, THE APPLICABILITY HAS BEEN NARROWED DOWN TO ONLY APPLY TO THE FOLLOWING COS THAT PROVIDE ENTERTAINMENT ACTIVITY. RESTAURANTS THAT MEET THE EXPECTATIONS CLARIFIED IN THE AFOREMENTIONED MEMO, ALCOHOLIC BEVERAGE ESTABLISHMENTS INCLUDING BARS, LOUNGES, AND TAVERNS, COMMERCIAL AMUSEMENTS TAKING PLACE INDOORS AND OUTDOORS, AND CERTAIN EVENT VENUES.

THERE WILL ONLY BE 2 LICENSE TYPES THAT ARE BASED

[00:10:02]

ON HOURS OF ENTERTAINMENT.

ESTABLISHMENTS THAT ARE OFFERING ENTERTAINMENT UNTIL MIDNIGHT, 12 AM QUALIFY FOR AN ENTERTAINMENT LICENSE.

ESTABLISHMENTS THAT WISH TO OFFER ENTERTAINMENT BEYOND MIDNIGHT OR 12 AM ARE REQUIRED TO APPLY FOR A LATE NIGHT OR HIGH OCCUPANCY ESTABLISHMENT LICENSE. THE SAFETY REQUIREMENTS THAT ARE ASSOCIATED WITH THAT TYPE OF LICENSE ARE PROPORTIONAL TO THE ASSOCIATED RISKS.

THIS DOES NOT APPLY TO VENUES OR BUSINESS OPERATIONS THAT ARE SEATED ONLY WITH AMBIENT ENTERTAINMENT PROVIDED.

AS YOU'LL NOTE, AS A DEFINITION WITHIN THE ORDINANCE, AMBIENT ENTERTAINMENT IS AN ENVIRONMENT WHERE PATRONS REMAIN SEATED, THERE'S NO DANCING OCCURRING, NO ENTRY FEE OR TICKET IS REQUIRED, THE ENTERTAINMENT THERE IS NOT ADVERTISED AS THE PRIMARY ATTRACTION, AND DOES NOT HAVE AN IMPACT THAT TRIGGERS THE NEED FOR ELEVATED PUBLIC SAFETY MANAGEMENT.

THAT TYPE OF ENTERTAINMENT WOULD CONCLUDE NO LATER THAN MIDNIGHT, 12 AM. AND THIS IS DISTINCTLY DIFFERENT FROM WHAT OUR HOSPITALITY AND NIGHTLIFE TASK FORCE RECOMMENDED, AS IT HAD A MORE COMPLEX TIERED SYSTEM CONSISTING OF 4 DIFFERENT LICENSES.

AND STAFF THOUGHT IT BEST AND MOST SUITABLE TO STREAMLINE THE APPLICABILITY TO ONLY OPERATIONS THAT POSE A TRUE RISK AND REQUIRE PRECAUTIONS THAT KEEP PUBLIC SAFETY AND QUALITY OF LIFE AS A TOP PRIORITY.

NEXT SLIDE. ALL RIGHT, MOVING FORWARD TO THE APPLICATION PROCESS.

THE TASK FORCE HAD EMPHASIZED THAT THE LICENSING PROCESS SHOULD BE PREDICTABLE, TRANSPARENT, EFFICIENT, OF COURSE, AND IT SHOULD NOT BE SEEN AS A BARRIER TO ENTRY THAT MAY DISCOURAGE OUR OPERATORS FROM APPLYING. AND SO THIS PHASED APPROACH THAT WE'LL WALK THROUGH ESTABLISHES A PREDICTABLE MULTI-DEPARTMENT REVIEW PROCESS THAT ENSURES SAFETY, COMPLIANCE, AND OPERATIONAL READINESS.

NEXT SLIDE.

HERE YOU'LL SEE THE APPLICATION STEPS NOTED, 8 STEPS IN TOTAL. AND IDEALLY, THAT PROCESS WOULD BEGIN WITH EDUCATION AND PREPARATION.

INCLUDING WORKSHOPS AND GUIDANCE MATERIALS THAT ARE PROVIDED BY THE CITY, WE WANT TO ENSURE THAT THE APPLICANTS HAVE THE OPPORTUNITY TO PUT THEIR BEST FOOT FORWARD AND PREPARE THEM FOR WHAT CAN BE EXPECTED WITHIN THE APPLICATION PROCESS SO IT'S SEAMLESS FOR THEM, AS SEAMLESS AS POSSIBLE FOR THEM.

YOU'LL NOTE AGAIN DEPARTMENTAL FEEDBACK. THERE ARE MANY STEPS NOTED WITHIN WHERE OUR SISTER DEPARTMENTS ARE TAKING THE LEAD. OAC, THE NIGHTTIME DIVISION WITHIN OUR DEPARTMENT, HOLDS AN ADMINISTRATIVE ROLE, AS YOU CAN IMAGINE, IN THE PERMIT FUNCTIONS, ACCEPTING APPLICATIONS AS THEY COME IN, ENSURING THAT THERE ARE NO MISSING DETAILS SO THOSE APPLICATIONS CAN MOVE FORWARD TO THE DEPARTMENTS THAT WILL BE PARTICIPATING IN REVIEW.

AND THEN UPON MAKING IT PAST THAT REVIEW PROCESS, COMPLETING THAT APPLICATION WITH AN APPROVAL OR DENIAL, AND OF COURSE PARTICIPATING IN THE RENEWAL PROCESS AS WELL.

NEXT SLIDE. SO MOVING INTO THE APPLICATION PROCESS, OUR APPLICANTS WILL BE USING THE E-PROVAL PLATFORM, WHICH IS SIMILAR TO WHAT OUR COMMERCIAL PROMOTER'S LICENSE APPLICANTS ARE DOING NOW.

UPON RECEIPT, THE NIGHTTIME ECONOMY AND RESPONSIBLE HOSPITALITY DIVISION WITHIN OAC WILL VERIFY THAT THE ENTERTAINMENT LICENSE IS APPLICABLE TO THAT OPERATION AND THEN ISSUE AN INVOICE FOR THE FEES THAT ARE DUE.

ONCE THOSE FEES ARE PAID, THE DIVISION WILL GIVE THE APPLICATION A PRELIMINARY REVIEW, ENSURE AGAIN THAT THERE'S, YOU KNOW, ADEQUATE INFORMATION WITHIN AND THAT THAT APPLICATION CAN MOVE FORWARD. I WANT TO NOTE ABOUT THE FEES.

AT THIS TIME, ACCURATE FEES ARE STILL PENDING THE COMPLETION OF A STUDY, A FEE STUDY.

SO WE CURRENTLY JUST INTEND TO CHARGE A FEE THAT WILL RECOVER THE COSTS THAT ARE INFLICTED OF THE CITY. WE ANTICIPATE THAT THAT FEE MAY LAND IN THE NEIGHBORHOOD OF THE SAME AS WHERE THE DANCE HALLS IS NOW. BUT OF COURSE, WE'RE SUBJECT TO THE COMPLETION OF A FEE STUDY IN TERMS OF OUR DUE DILIGENCE.

MOVING ON TO SLIDE 13.

WITHIN THE PHASE OF THE INTERDEPARTMENTAL REVIEW STEPS, MULTIPLE CITY DEPARTMENTS REVIEW THE APPLICATION TO ENSURE COMPLIANCE WITH RELEVANT CODES AND SAFETY STANDARDS. AND THE REVIEWERS ASSIGNED PER THOSE DEPARTMENTS WILL DECIDE

[00:15:01]

TO APPROVE, OR THEY MAY DECIDE THAT THEY NEED MORE INFORMATION OR THAT ADDITIONAL CONDITIONS NEED TO BE MET.

AND THEY ALSO CAN DECIDE TO DENY AN APPLICATION AT THAT STEP, AT THAT POINT AS WELL. AND YOU'LL NOTE THAT OUR SYSTEM DEPARTMENTS AT CODE COMPLIANCE, THE DALLAS POLICE DEPARTMENT, FIRE MARSHAL, AND PLANNING AND DEVELOPMENT ALL HAVE TO PARTICIPATE IN THIS STEP OF REVIEW. NEXT SLIDE.

I MADE REFERENCE TO REVISIONS OR CONDITIONS THAT MAY BE REQUESTED. AN APPLICANT HAS AN OPPORTUNITY TO ADDRESS ANY OF THE REVISIONS OR CONDITIONS BEFORE A FINAL DETERMINATION IS MADE REGARDING THEIR APPLICATION.

IF NO REVISIONS OR CONDITIONS APPLY, THEN THE REVIEWING DEPARTMENTS HAVE APPROVED, AND THE APPLICANT CAN BE MOVED RIGHT ALONG TO FINAL DETERMINATION AT THAT POINT.

NEXT SLIDE. AT THIS STAGE, A FINAL DETERMINATION IS THE FINAL STAGE. AT THIS POINT, ALL REVIEWERS HAVE APPROVED AN APPLICATION AND THE LICENSE IS READY TO BE ISSUED.

SUCCESSFUL APPLICANTS RECEIVE A LICENSE WITH AN INITIAL 2-YEAR TERM.

UPON RENEWAL, THERE WILL BE AN OPPORTUNITY FOR AN EXTENDED LICENSE DURATION. AN APPLICANT IS EXPECTED TO DISPLAY THEIR LICENSE ASIDE THEIR CERTIFICATE OF OCCUPANCY IN THEIR ESTABLISHMENT.

OUR NIGHTTIME ECONOMY AND RESPONSIBLE HOSPITALITY DIVISION WILL ALSO ISSUE EDUCATIONAL LITERATURE THAT'LL SERVE AS A GUIDE FOR SAFE AND EXCEPTIONAL HOSPITALITY. THE DRAFT ORDINANCE OUTLINES PARTICULAR REASONS WHY AN APPLICATION MIGHT BE DENIED.

THAT INCLUDES A REVOCATION OF A DANCE HALL LICENSE THAT WAS PREVIOUSLY ISSUED, OR VIOLATIONS TO ANY PROVISIONS IN THE CHAPTER IN THE PRECEDING 12 MONTHS OF A SUBMITTED APPLICATION.

DENIAL MAY COME DOWN ALSO IF THERE'S FAILURE TO PROVIDE COMPLETE OR TRUTHFUL INFORMATION IN THE APPLICATION NATURALLY.

APPLICANTS DO HAVE THE RIGHT TO APPEAL DETERMINATION, AND THEY WOULD TAKE THAT UP WITH THE PERMIT AND LICENSE APPEAL BOARD. NEXT SLIDE.

SAFETY REQUIREMENTS. SO OUR LICENSED ESTABLISHMENTS WILL BE GIVEN A SET OF EXPECTATIONS FOR PUBLIC SAFETY, CROWD MANAGEMENT, AND OF COURSE MEDICAL EMERGENCY READINESS TO PROVIDE RESPONSIBLE HOSPITALITY. THEY'RE EXPECTED TO COMPLY WITH THESE REQUIREMENTS AS WELL AS FEDERAL AND STATE LAWS, OF COURSE EXISTING REGULATIONS, AND WITH OUR CITY ORDINANCES, RULES, AND REGULATIONS.

WE HIGHLIGHT THE ATTENTION TO COMPLIANCE WITH CHAPTER 16 OF THE DALLAS FIRE CODE, CHAPTER 7A REGARDING MAINTENANCE OF A CLEAN PREMISES, CHAPTER 30-1 WHICH PERTAINS TO LOUD AND DISTURBING NOISES AND VIBRATIONS, AND ALSO CHAPTER 51A WHICH PERTAINS TO DALLAS DEVELOPMENT CODE WHERE AMPLIFIED NOISE IS REGARDED DURING CERTAIN BUSINESS HOURS OR HOURS OF OPERATION. NEXT SLIDE. SECURITY MANAGEMENT.

SO WE HAVE MANY SECURITY EXPECTATIONS THAT APPLY TO ALL LICENSED ESTABLISHMENTS, WHICH REQUIRE RESPONSIBLE ONSITE MANAGEMENT EMPOWERED WITH DECISION-MAKING. OUR VENUES ARE REQUIRED TO KEEP A DETAILED SECURITY INCIDENT LOG FOR ACCOUNTABILITY AND TO IDENTIFY PATTERNS BEFORE THEY ESCALATE.

BEYOND THAT, WE REQUIRE BASIC THINGS LIKE WORKING EXTERIOR LIGHTING AND TELEPHONE ACCESS.

MANY OF THESE MEASURES THAT ARE ENFORCED BY OUR SISTER DEPARTMENT AT CODE COMPLIANCE. THERE'S AN EXCEPTION FOR MANAGING CRIMINAL CONDUCT AND INTOXICATED PATRONS THROUGH REASONABLE EFFORTS TO PREVENT UNSAFE SITUATIONS.

THE BAR IS OBVIOUSLY RAISED A BIT HIGHER FOR THOSE VENUES WHERE SAFETY MEASURES NEED TO BE STRONGER. ADDITIONAL REQUIREMENTS INCLUDE TRAINED STAFF, PRIVATE THIRD-PARTY SECURITY SERVICE AT TIMES, AND THEY HAVE TO DISCLOSE THOSE DETAILS RELATED TO HOW SECURITY IS DEPLOYED, HOW IDENTIFICATION IS CHECKED AT THEIR DOORWAY, AT THEIR ENTRY POINTS, AND HOW CONTRABAND POLICIES ARE ENFORCED, AND HOW THEY INTEND TO BE EFFECTIVELY COMMUNICATING WITH THE VARIOUS PUBLIC SAFETY ORGANIZATIONS THAT SERVICE THOSE LATE-NIGHT ESTABLISHMENTS WHEN THERE'S AN INCIDENT.

WE'RE ALSO WORKING TO REQUIRE SURVEILLANCE CAMERAS THAT ARE STRATEGICALLY LOCATED AS A STANDARD OF MODERN SAFETY.

WE, THE CITY, RESERVE THE ABILITY TO REQUIRE ADDITIONAL MEASURES BASED ON THE SPECIFIC NATURE OF A SPECIFIC VENUE. AND OF COURSE, WE TAKE THOSE UP ON A CASE-BY-CASE.

MOVING FORWARD.

AND I'D LIKE TO NOTE AGAIN, BIG SHOUT OUT TO OUR SISTER DEPARTMENT IN CODE COMPLIANCE SERVICES BECAUSE WE'RE AWARE THAT THE

[00:20:01]

PREVIOUS SLIDE PERTAINS TO THEIR AREAS OF OVERSIGHT. HERE, WITH REGARD TO CROWD CONTROL MANAGEMENT, WE'D CALL OUT DFR AS THIS MAINLY, YOU KNOW, THIS LANE OF WORK RESIDES IN THEIR OVERSIGHT. CROWD CONTROL MANAGEMENT IS ANOTHER AREA WHERE GOOD PLANNING PREVENTS BAD OUTCOMES.

AS WE'VE LEARNED, ALL ESTABLISHMENTS HAVE TO MANAGE THEIR OCCUPANCY LIMITS, KEEP THEIR PATHWAYS ACCESSIBLE, AND ENSURE THAT PEOPLE CAN EXIT SAFELY AT ALL TIMES. FOR LATE-NIGHT OR HIGH-OCCUPANCY VENUES, WE REQUIRE A MORE DETAILED CROWD MANAGEMENT PLAN. THIS HELPS ENSURE ORDERLY FLOW IN AND OUT OF THEIR SPACE, AVOIDS CHOKE POINTS, AND INCLUDES STRATEGIES FOR PREVENTING OR RESPONDING TO CROWD SURGES.

AND THE GOAL HERE IS SIMPLE, WE WANT TO ENSURE THAT THERE'S SAFE MOVEMENT, SAFE DISPERSAL, AND PREDICTABLE PROCESSES THAT ARE DOCUMENTED. MOVING FORWARD TO FIRST AID AND MEDICAL RESPONSE. FINALLY, WE DO WANT TO ADDRESS MEDICAL EMERGENCY PREPAREDNESS.

EVERY VENUE MUST HAVE AT LEAST ONE FIRST AID KIT AND MAINTAIN A MEDICAL INCIDENT LOG. THIS IS VERY BASIC IN TERMS OF THE WAY OUR VENUES OPERATE, BUT IT CERTAINLY IS ESSENTIAL. FOR THE LATE-NIGHT ESTABLISHMENTS, THE REQUIREMENTS ARE A BIT MORE ROBUST.

OUR STAFF THERE, THEIR STAFF MUST BE TRAINED IN FIRST AID RESPONSE AND OVERDOSE PREVENTION. THEY HAVE TO HAVE ADDITIONAL FIRST AID KITS THAT ARE REQUIRED BASED ON THE SQUARE FOOT SIZE OF THEIR VENUE, AND THEY ALSO ARE REQUIRED TO HAVE AN AUTOMATED EXTERNAL DEFIBRILLATOR. AND THEY ALSO SHOULD HAVE NARCAN AVAILABLE.

VENUES ALSO MUST PREPARE A FULL MEDICAL RESPONSE PLAN.

AND ALL OF THAT ENSURES THAT IF AND WHEN A MEDICAL EMERGENCY HAPPENS, THEIR STAFF CAN RESPOND QUICKLY, CONFIDENTLY, AND IN COORDINATION WITH OUR EMERGENCY SERVICES TEAMS. MOVING FORWARD.

TO SOUND MANAGEMENT.

OUR TASK FORCE, THE HOSPITALITY AND NIGHTLIFE TASK FORCE, REEVALUATED THE CITY'S NOISE ORDINANCE TO BETTER SUPPORT ENTERTAINMENT DISTRICTS WHILE BALANCING NEIGHBORHOOD CONCERNS. OTHER COMPARABLE CITIES WERE STUDIED IN HOW THEY SUPPORT LIVE MUSIC AND ENTERTAINMENT WHILE ALSO PROTECTING OUR RESIDENTS WHO LIVE AND WORK NEAR THESE EXCESSIVE NOISE IMPACTS. THE PRODUCED FRAMEWORK IS INTENDED TO BE AN EXCEPTION FROM CHAPTER 30 -1 AGAIN, WHICH IS THE LOUD AND DISTURBING NOISES ORDINANCE, AND ALSO CHAPTER 51A, WHICH IS OUR DALLAS DEVELOPMENT CODE REGARDING AMPLIFIED NOISE DURING SPECIFIED HOURS OF ENTERTAINMENT.

IT ESTABLISHES CLEAR AND MEASURABLE STANDARDS THAT KEEP REALITIES OF A NIGHTTIME ECONOMY IN MIND. NEXT SLIDE. AS IT PERTAINS TO INDOOR AMPLIFIED SOUND, YOU'LL SEE THIS TIERED INDOOR SOUND MATRIX, WHICH ESTABLISHES DECIBEL LIMITS MEASURED FROM THE EXTERIOR PROPERTY LINE AND ARE BASED ON VENUE TIER AND OPERATING HOURS.

THIS CRITERIA DEFINES TERM, EXCUSE ME, THIS CRITERIA DEFINING TIERS ARE THEIR PROXIMITY TO RESIDENTIAL ADJACENCY AND HOURS OF ENTERTAINMENT.

RESIDENTIAL ADJACENCY IS DEFINED TO MATCH THE DEFINITION THAT'S ALREADY SET BY CHAPTER 51A'S DEVELOPMENT CODE OF BEING WITHIN 330 FEET OF A RESIDENTIAL USE PROPERTY LINE. THE HOURS REPRESENTED HERE START AT 6 PM AND THERE'S A CUTOFF OF 4 AM.

ANY HOURS OF ENTERTAINMENT THAT ARE NOT REPRESENTED WITHIN THIS MATRIX ARE SUBJECT TO COMPLY WITH CHAPTER 30-1, WHICH IS OUR LOUD AND DISTURBING NOISES AND VIBRATIONS, AND CHAPTER 51A. WHICH IS AGAIN THE DALLAS DEVELOPMENT CODE WHERE IT RELATES TO SOUND. VENUES THAT ARE LOCATED BEYOND THE 330-FOOT LINE OF A RESIDENTIAL USE PROPERTY LINE MAY OPERATE AT HIGHER LEVELS DURING DESIGNATED TIMES, BUT VENUES WITHIN THAT 330-FOOT BOUNDARY ARE SUBJECT TO STRICTER LIMITS.

THE DECIBEL LIMITS WERE CHOSEN BASED ON RECOMMENDATIONS FROM THE DEEP ELEM NOISE TASK FORCE REPORT AND DATA ACROSS COMPARABLE CITIES.

AND YOU'LL SEE NOTED IN TIERS 3A AND 3B, THOSE REPRESENT THE LATE-NIGHT VENUES IN THE 2 AM TO 4 AM WINDOW. THEIR DECIBEL LIMITS WERE SELECTED BASED ON AVERAGES FROM ACROSS THE COUNTRY.

WE WELCOME ANY FEEDBACK THAT YOU MAY HAVE FOLLOWING YOUR REVIEW. THIS APPROACH SEEKS SOUND STANDARDS THAT ARE TAILORED TO THE SURROUNDING ENVIRONMENT RATHER THAN APPLIED UNIFORMLY CITYWIDE.

NEXT SLIDE.

AS IT PERTAINS TO OUTDOOR AMPLIFIED SOUND, WE ARE ADDRESSING OUTDOOR AMPLIFIED SOUND SEPARATELY BECAUSE

[00:25:01]

OF ITS GREATER POTENTIAL TO IMPACT NEARBY PROPERTIES.

THERE WAS A STRONG CONSENSUS AMONG THE HOSPITALITY AND NIGHTLIFE TASK FORCE THAT THERE WAS A CRUCIAL NEED TO MODERNIZE THE CURRENT POLICIES THAT COULD ALLOW FOR MORE FLEXIBILITY. SO THEIR PROPOSED HOURS, HOWEVER, WOULD HAVE LEFT A NEGATIVE IMPACT ON RESIDENTIAL QUALITY OF LIFE, LEADING TO AN INFLUX IN 311 COMPLAINTS THAT COULD NOT REALISTICALLY BE MANAGED BY OUR CODE COMPLIANCE RESOURCES.

SO WHAT YOU'LL SEE ARE COMPROMISE HERE PRESENTED, AND THE PRESENTED COMPROMISE ESTABLISHES CLEAR OPERATING HOURS BETWEEN 8 AND 10, WITH CONSIDERATION TO RESIDENTIAL ADJACENCY AGAIN.

THERE'S ALSO BEEN CONSIDERATION MADE TO SOUND SOURCED FROM ROOFTOPS, AS IT TRAVELS DIFFERENTLY WITH THE ELEMENT OF ELEVATION. SO YOU'LL NOTE HERE, FOR TIERS 3A, 3B, THEY'RE NOT PERMITTED TO HAVE OUTDOOR AMPLIFIED SOUND DURING THEIR HOURS OF ENTERTAINMENT.

AND THIS POLICY HAS A BIT OF FLEXIBILITY IN A VARIANCE OF HOURS THAT WOULD BE PERMISSIBLE BY OUR DEPARTMENT. IF THERE'S NO NOTED NEGATIVE IMPACT TO THE SURROUNDING QUALITY OF LIFE. AND VICE VERSA, WE'D ALSO, AT OUR OWN DISCRETION, HAVE THE PERMISSION TO REDUCE HOURS IF THERE'S A NEGATIVE IMPACT TO QUALITY OF LIFE.

AND THAT IS CASE BY CASE, AGAIN, WITH DEFERENCE AND DISCRETION OF THE OFFICE. ALL RIGHT, NEXT SLIDE. IN REGARD TO PROVISIONS TO SOUND, AGAIN, THIS FRAMEWORK IS AN OPPORTUNITY FOR US TO PAY RECOGNITION TO LIVE MUSIC AND ENTERTAINMENT AS A VITAL ASSET TO THE ECONOMY AND TO OUR CULTURE.

THE RECOMMENDATIONS INCLUDE CREATING CLEAR, MEASURABLE, AND ENFORCEABLE SOUND STANDARDS WITH SET DECIBEL LIMITS.

THEY ESTABLISH SOUND STANDARDS THAT ARE CONTEXT-SENSITIVE, MEANING THEY VARY DEPENDING ON THE LOCATION AND THE TIME OF DAY. THIS ALLOWS BUSINESSES TO OPERATE WITH THE APPROPRIATE FLEXIBILITY AND PREDICTABILITY WHILE MAINTAINING LIVABILITY FOR THOSE RESIDENTIAL AREAS.

IT WAS PART OF THE TASK FORCE'S RECOMMENDATIONS THAT THE CODE TEAM HAS THE PROPER SOUND READING TOOLS FOR HIGH-QUALITY ENFORCEMENT, BACK WITH CLEAR STANDARDS AND METRICS FOR IMPROVING CONSISTENCY AND DEFENSIBILITY. MOVING FORWARD TO THE NEXT SLIDE. IN TERMS OF SUPPLEMENTAL PROVISIONS, SO IF WE HAVE ANY OPERATION THAT DOES NOT FALL UNDER THE PREVIOUSLY NOTED TIERS WITH A VALID ENTERTAINMENT LICENSE, THEY'LL BE SUBJECT TO CHAPTER 30-1 AND CHAPTER 51A.

WE DO HAVE CONDITIONS THAT MAY APPLY BASED ON CONTEXT OF VENUE LOCATION OR BASED ON PREVIOUSLY MADE CITY AGREEMENTS. AND WE ALSO HAVE A WEEKEND SCHEDULE THAT APPLIES ON STATE-RECOGNIZED HOLIDAYS, AND YOU CAN SEE THE MATRIX FOR THAT WEEKEND SCHEDULE.

MOVING FORWARD.

TO OUR INSPECTION PROTOCOL.

SO THE FOLLOWING INFORMATION IS NOT VERBALLY BUILT INTO THE ORDINANCE, BUT THEY'RE PRINCIPLES THAT WOULD FURTHER ENHANCE CODE'S DEFENSIBILITY AND THEIR ABILITY TO HONOR THE SYSTEM WITH REGARD TO THE SET DECIBEL LIMITS.

THE EXPECTED OUTCOME IS FOR OPERATORS TO FUNCTION WITH MORE STABILITY.

THE RECOMMENDATIONS FOR INVESTIGATING COMPLAINTS MADE BY THE HOSPITALITY AND NIGHTLIFE TASK FORCE STRIVE TO CREATE A UNIFORM PROTOCOL THAT BROUGHT ACCURACY OR BRINGS ACCURACY AND CONSISTENCY TO THE PLAYING FIELD. AND THAT'LL BE ESSENTIAL IN UPHOLDING THE INTEGRITY OF SETTING DECIBEL LIMITS.

THE TASK FORCE STUDIED EFFECTIVE COMPARABLE CITIES AND THEIR METHODOLOGIES AND LANDED ON AN APPROACH THAT WOULD CONSERVE OUR CITY RESOURCES BUT STILL OFFER DEFENSIBILITY.

AND WHEN YOU SEE A COMPLAINT THAT PROVES TO BE LIKE PLAINLY AUDIBLE AND THAT THERE'S PROBABLE CAUSE OF A VIOLATION, A TRAINED OFFICER WOULD TAKE A SOUND METER READING. CODE COMPLIANCE IS CURRENTLY EQUIPPED WITH 4 TYPE 2 SOUND METERS. THE TYPE 1 SOUND METER THAT'S RECOMMENDED BY THE TASK FORCE HAS A COST RANGE FROM ABOUT, YOU KNOW, IT COULD RANGE BETWEEN $480 AND $800 FOR A REPUTABLE DEVICE, AND THOSE ARE PREFERRED FOR PROFESSIONAL REASONS.

AND THE DURATION OF THE MEASUREMENTS THAT ARE CODE OFFICERS WOULD BE TAKING WOULD BE AT MINIMUM 5 MINUTES. PRIMARY METHODS OF MEASURING SOUND WOULD BE TAKEN FROM THE SOURCE PROPERTY LINE, STRATEGICALLY ELIMINATING SURROUNDING VARIABLES AS BEST AS POSSIBLE. THE SAME METHODOLOGY WOULD APPLY FOR OUTDOOR AMPLIFIED SOUND EXCEPT WHERE IT PERTAINS AGAIN TO THOSE ROOFTOP SOURCE NOISES.

THE SCENARIOS NOTED WILL BE MEASURED FROM ACROSS THE

[00:30:01]

ADJACENT RIGHTS-OF-WAY.

WITH CONSIDERATION TO THE SOUND, THE WAY THE SOUND TRAVELS WITH ELEVATION. A FULL REPORT OF FINDINGS, CONDITIONS, AND THE ACTION TAKEN WILL BE KEPT ON RECORD FOR THE PROTECTION OF CODE COMPLIANCE.

THIS ALLEVIATES ANY ACCUSATIONS OF INCONSISTENCY OF TARGETING CERTAIN ESTABLISHMENTS, AS HAS BEEN THE CASE IN THE PAST, AND ANY ESCALATIONS IN ENFORCEMENT WOULD BE BASED ON AN OBJECTIVE SOUND READING. AND NOT SUBJECTIVE COMPLAINTS, IF YOU WILL.

MOVING FORWARD.

TO APPLICABILITY.

SO WE'RE SEEKING COMMITTEE FEEDBACK AT THIS POINT AS WELL, AND WE HAVE THIS PROPOSAL FOR YOUR CONSIDERATION. SO OF COURSE, ONE OPTION IS TO ROLL THIS INITIATIVE OUT CITYWIDE. HOWEVER, STAFF ACROSS OUR VARIOUS DEPARTMENTS REALIZE THAT THERE'S A LOT OF SENSITIVITY AROUND AMPLIFIED NOISE, AND WE ARE SUGGESTING THIS SECOND OPTION, WHICH IS A DEEP ELLUM PILOT PROGRAM.

THIS PROGRAM WOULD BE INCLUSIVE TO DEEP ELLUM BUSINESSES ONLY THAT OBTAIN AN ENTERTAINMENT LICENSE.

FOR THE PURPOSE OF THIS PILOT, DEEP ELLUM WOULD BE DEFINED BY SPECIFIC BOUNDARIES AT GOOD-LATTERMAN EXPRESSWAY TO THE WEST, THE DART RIGHT-OF-WAY TO THE NORTH, EXPOSITION AVENUE ON THE EAST SIDE, AND THEN CANTON AVENUE AS THE CLOSING BOUNDARY ON THE SOUTH. DEEP ELLUM IS OBVIOUSLY UNIQUELY QUALIFIED AS A PILOT DISTRICT WITH ITS BACKING OF A ROBUST NOISE TASK FORCE REPORT ALREADY PUBLISHED, INCLUDING DATA-DRIVEN SOLUTIONS THERE, AND ALREADY HAS STRONG STAKEHOLDER BUY-IN.

WE'D COMMIT TO CONTINUE DEVELOPING THIS PILOT PROGRAM IN A TIMELY MANNER, OF COURSE, BY COLLECTING DATA, BUILDING CREDIBILITY WITHIN THE PILOT PROGRAM.

WE'D BE ABLE TO HAVE TIME TO STUDY COMPLAINTS RECEIVED, REPORT ON COMPLIANCE RATES, TRACK 311 TRENDS, AND COLLECT FEEDBACK FROM THE OPERATORS IN THAT DISTRICT.

OF COURSE, WE'D WORK TO COLLECT FEEDBACK WITH AN OFFICIAL SUB-SURVEY, AND THEN WITH THE FINDINGS, BE ABLE TO REPORT TO THIS BODY AND OTHER STAKEHOLDERS ABOUT THE SUCCESS OF THIS TYPE OF A PILOT PROGRAM.

THESE EFFORTS WILL ASSIST IN MAKING EDUCATED DECISIONS AND REVISIONS NECESSARY TO THE PROGRAM IN CONSIDERATION OF A CITYWIDE ROLLOUT AND HOW WE MIGHT PROCEED WITH THAT EXPANSION. SO AGAIN, WE'RE SEEKING YOUR VERY SPECIFIC FEEDBACK THERE.

ALL RIGHT.

MOVING FORWARD TO THE NEXT SLIDE. I WANT TO REVISIT THE EDUCATION FIRST STRATEGY THAT WAS MENTIONED AT THE LAST PRESENTATION.

IT'S A KEY PHILOSOPHY OF HOW THESE RECOMMENDATIONS EXIST AS EDUCATION BEFORE ENFORCEMENT.

THE GOAL HERE IS TO HELP OUR OPERATORS UNDERSTAND THE EXPECTATIONS AND COMPLY FROM THE START RATHER THAN RELYING PRIMARILY ON A PUNITIVE ACTION WHEN THERE'S A COMPLAINT. NEXT SLIDE.

IN TERMS OF THE ENFORCEMENT STRUCTURE, AGAIN, THAT EDUCATION-FIRST STRATEGY IS A PILLAR OF CODE COMPLIANCE ALREADY.

ENFORCEMENT IS EDUCATION FIRST, COMPLAINT-DRIVEN, AND THEN GRADUATED. THE GOAL IS VOLUNTARY COMPLIANCE, AGAIN, BEFORE PUNITIVE ACTION. AND OUR CITY STAFF SEEK VOLUNTARY COMPLIANCE BY ALLOWING THE RESPONSIBLE PARTY AN OPPORTUNITY TO BE EDUCATED, TO RECEIVE GUIDANCE WITHIN THE VEIN OF MITIGATION, AND APPROPRIATE TIME TO CORRECT ANY ISSUES THAT ARE NOTED.

NEXT SLIDE. IN TERMS OF THE ENFORCEMENT STRUCTURE, THE RECOMMENDED FRAMEWORK CREATES A FAIR AND PREDICTABLE ENFORCEMENT PROCESS THAT CAN BE APPLIED CONSISTENTLY CITYWIDE AND SUSTAINED USING OUR DALLAS CODE COMPLIANCE CURRENT STAFF AND THEIR CURRENT OPERATIONAL RESOURCES. SO YOU NOTE, BASED ON CONCERNS THAT ARE RAISED BY COMPLAINTS THAT WE RECEIVE VIA 311, THE CITY WOULD INVESTIGATE AND PROVIDE EDUCATION ON THE ORDINANCE, GUIDANCE TO CORRECT ANY ISSUES NOTED, AND A COMPLIANCE DEADLINE.

IF ANY ISSUE CONTINUES, A FORMAL WRITTEN NOTICE IS ISSUED WITH A TIMELINE TO RESOLVE THAT VIOLATION, AND ENFORCEMENT ESCALATES IF THE VENUE CONTINUES ON THEIR TRAJECTORY OF NON-COMPLIANCE, LEADING TO A CITATION AFTER ONE OFFENSE. THE DIRECTOR WOULD HOLD THE AUTHORITY TO RESTRICT ENTERTAINMENT HOURS TO 12 AM.

[00:35:01]

AND IF YOU HAVE UP TO 3 REPEATED OFFENSES WITHIN A 6-MONTH PERIOD, THAT CAN RESULT IN SUSPENSION OF THE ENTERTAINMENT LICENSE FOR 90 DAYS.

THAT WOULD INCLUDE VARIATIONS OF ACCUMULATED CITATIONS ACROSS ENFORCING DEPARTMENTS AS WELL. THIS LEVEL OF ENFORCEMENT AND COORDINATION WILL DEPEND ON A STRONG INTERDEPARTMENTAL COMMUNICATION PROTOCOL. IF A VENUE HAPPENS TO CONTINUE TO OPERATE WITH ENTERTAINMENT WHILE THEIR ENTERTAINMENT LICENSE IS SUSPENDED, OR THEY CONTINUE TO ACCRUE CITATIONS THAT THEY'VE MET THE CRITERIA FOR ANOTHER SUSPENSION, THE LICENSE IS TO BE REVOKED.

ADDITIONALLY, ANY VIOLATION TO CRIMINAL LAW UNDER TABC, CITY, STATE, OR FEDERAL, IS GROUNDS FOR AN IMMEDIATE REVOCATION OF THE LICENSE REGARDLESS OF THE NUMBER OF ACCUMULATED CITATIONS.

AND WHETHER REVOKED OR SUSPENDED, THE VENUE MAY STILL OPERATE UNDER THE MAIN USE THAT'S LISTED ON THEIR CERTIFICATE OF OCCUPANCY. THEY JUST SIMPLY WITHOUT THE PRIVILEGE OF ENTERTAINMENT.

SO LICENSE REVOCATION IS DONE SO UNDER THE AUTHORITY OF THE DEPARTMENT DIRECTORS, AND IT'S ALSO EFFECTIVE IMMEDIATELY. A BUSINESS OPERATOR WILL HAVE THE OPPORTUNITY TO APPEAL THAT DECISION WITH THE PERMIT LICENSE APPEAL BOARD. AND IF THE BOARD HAPPENS TO SIDE WITH THE DEPARTMENT DIRECTOR'S MOTION, THEN THE APPLICANT WILL NOT BE ELIGIBLE TO APPLY AGAIN FOR THE ENTERTAINMENT LICENSE FOR ONE FULL CALENDAR YEAR.

MOVING FORWARD TO RENEWALS.

AGAIN, ALL OF THE LICENSES THAT ARE INITIALLY ISSUED ARE VALID FOR 2 YEARS.

RESPONSIBLE OPERATORS MAY EARN AN OPPORTUNITY TO EXTEND THEIR LICENSE DURATION AT THE RENEWAL POINT.

THEY'LL RECEIVE RENEWAL REMINDER ABOUT 30 DAYS BEFORE IT EXPIRES. THE E-PROVAL PLATFORM MAKES RENEWAL VERY SIMPLE. YOU KNOW, THEY'LL JUST HIT A RENEWAL APPLICATION BUTTON AND MOVE THROUGH THOSE NECESSARY STEPS AND BE ON THEIR WAY.

THIS EXPERIENCE IS BASED ON VIOLATION HISTORY, COMPLAINT PATTERNS, AND OPERATIONAL CHANGES THAT WILL DETERMINE AND TRACK ANY CHANGES NECESSARY TO THAT RENEWED APPLICATION.

SO THE PATHWAYS, THE PATHWAYS THAT THE OPERATORS WILL EXPERIENCE DEPENDING ON HOW THINGS WENT DURING THEIR INITIAL LICENSE ISSUANCE PERIOD, IF THEY ARE IN GOOD STANDING AT THE POINT OF RENEWAL NO CHANGES TO THEIR OPERATIONS, THEN OF COURSE THEY'LL BE ISSUED AN IMMEDIATE RENEWAL UPON PAYMENT OF THEIR FEES. IF A CITY HAS CAUSE FOR MODERATE CONCERN DUE TO ANY OPERATIONAL MODIFICATIONS, THE OPERATOR WILL AT THAT POINT NEED TO MAKE REVISIONS TO THEIR APPLICATION, AND THAT APPLICATION WILL MOVE FORWARD THROUGH REVIEW BY THE RELEVANT CITY DEPARTMENTS.

THIRDLY, IF A BUSINESS OPERATOR HAS GIVEN CAUSE FOR THE CITY TO HAVE HIGH CONCERN DUE TO COMPLAINT HISTORY OR CONCERNING CONDUCT, THEN A FULL REVIEW WILL TAKE PLACE AND MAY RESULT IN ADDED CONDITIONS OR A DENIAL WHERE NECESSARY. MOVING FORWARD.

AS IT PERTAINS TO THE QUARTERLY WORKSHOPS, AS WE MENTIONED AT THE INITIATION OF THE APPLICATION PROCESS, OAC'S NIGHTTIME ECONOMY AND RESPONSIBLE HOSPITALITY DIVISION IS CHARGED WITH HOSTING QUARTERLY EDUCATIONAL WORKSHOPS.

THESE ARE ESTIMATED TO TAKE PLACE AS 3-HOUR EVENTS HOSTED AT, YOU KNOW, EXTERNAL STAKEHOLDER VENUES AS OUR PARTNERS. AS DESIGNED, THE FIRST HALF OF THESE SESSIONS WILL FOCUS ATTENTION TO HELPING APPLICANTS SUCCESSFULLY COMPLETE THEIR ENTERTAINMENT LICENSE APPLICATION AND UNDERSTAND ALL OF THE VARIOUS REGULATORY EXPECTATIONS OF THIS NEW LICENSE.

AFTER THAT, YOU KNOW, WE'LL TAKE A BREAK, OF COURSE, AND THEN WE WANT TO BE THOUGHTFUL ABOUT THE TARGET AUDIENCE OF OPERATORS IN THE INDUSTRY AND ENSURE THAT WE ARE PROVIDING RELEVANT GUIDANCE IN TERMS OF SAFETY TRAINING, ACKNOWLEDGING VARIOUS TRENDS IN THE INDUSTRY THAT ARE TIMELY FOR US TO SHARE, AND OF COURSE OFFER TIME TO SHARE BEST PRACTICE AND TIPS AND ALLOW FOR A BIT OF ENGAGEMENT WITH THE VARIOUS CITY DEPARTMENTS THAT THOSE STAKEHOLDERS WILL HAVE TO ENGAGE WITH AS THEY CONDUCT BUSINESS HERE IN THE CITY.

SO WE'LL ENSURE THAT THERE'S A PRESENCE OF THOSE DEPARTMENTS AND AS THOSE WORKSHOPS CONCLUDE, YOU KNOW, ALLOW FOR TIME FOR THE BUSINESS OWNERS THEMSELVES TO SHARE BEST PRACTICES AND NETWORKING WITH EACH OTHER AND ENSURE THAT WE'RE BUILDING. BECAUSE

[00:40:02]

OF COURSE THIS IS A NEW BODY OF STAKEHOLDER FOR OUR OFFICE, AND SO WE'LL BE USING THESE WORKSHOPS AS A BRIDGE-BUILDING, RAPPORT-ESTABLISHING OPPORTUNITY AS WELL. ALSO SERVES AS AN OCCASION FOR ENFORCING DEPARTMENTS TO BUILD MORE POSITIVE RELATIONSHIPS WITH THESE OPERATORS, AND WE'RE EXCITED ABOUT THAT. MOVING FORWARD.

IN TERMS OF RESOURCES THAT THE CITY WILL PROVIDE, OUR DEPARTMENT DIVISION WILL BE PROVIDING A TYPE OF A PLAYBOOK OR GUIDEBOOK FOR OUR HOSPITALITY AND NIGHTLIFE STAKEHOLDERS, BUSINESS OWNERS, AND WE ARE REFERENCING IT AS AN EDUCATIONAL TOOL AND FRAMEWORK FOR ACCOUNTABILITY. IT WOULD SUPPORT A MORE PROFESSIONAL AND COLLABORATIVE RELATIONSHIP WITH OUR STAKEHOLDERS IN THE NIGHTTIME ECONOMY INDUSTRY, WITH THE GOAL OF HOPEFULLY HAVING MINIMAL IMPACTS ON NEIGHBORHOODS WHERE WE HAVE RESIDENTS IN CLOSE QUARTERS. EXAMPLES OF TOPICS YOU MIGHT SEE COVERED INCLUDE HOW TO OPEN AND LICENSE AN ESTABLISHMENT, NOISE MITIGATION, NEIGHBORHOOD RELATIONS, RESPONSIBLE HOSPITALITY, ACCESS TO CITY RESOURCES, ETC. WE WANT TO ENSURE THAT THE CITY IS PROVIDING TEMPLATES FOR SAFETY, FOR NOISE MANAGEMENT, AND FOR CROWD MANAGEMENT PLANS TO HELP OUR BUSINESS OPERATORS REMAIN COMPLIANT WITH EASE, OF COURSE.

AND OF COURSE, ENSURE THAT THEY HAVE EASE WITH THE APPLICATION PROCESS AS WELL. WE'LL ALSO ENCOURAGE ADDITIONAL EXTERNAL TRAINING THAT WILL HELP STRENGTHEN RESPONSIBLE HOSPITALITY AND PUBLIC SAFETY PRACTICES. AN EXAMPLE WOULD BE 24 HOUR DALLAS'S COPPER STAR CERTIFICATION.

MOVING FORWARD, NEXT SLIDE.

AS WE'RE ALSO CONSIDERING INCENTIVES FOR FEES WAIVED, AS AN EXAMPLE, WE WANT TO ENSURE THAT OUR FRAMEWORK INCLUDES SOME TYPE OF INCENTIVES FOR OPERATORS WHO DEMONSTRATE STRONG COMPLIANCE AND RESPONSIBLE HOSPITALITY PRACTICES. WE'RE MAKING AN EFFORT HERE TO REDUCE THE PERCEPTION OF ANOTHER OBSTACLE FOR OPERATORS TO HURDLE.

AND SO THE TASK FORCE RECOMMENDED, RECOMMENDED A FEE WAIVER FOR FIRST-TIME LICENSE APPLICANTS THAT ALREADY EXIST IN THE DANCE HALL HOLDER SPACE. SO THAT'S A CONSIDERATION. IF THEY ALREADY HOLD A DANCE HALL LICENSE, WE MAY CONSIDER WAIVING THEIR FIRST-TIME ENTERTAINMENT LICENSE APPLICATION FEE.

AS MENTIONED, AS IT PERTAINS TO RESPONSIBLE OPERATORS, WE WANT THEM TO HAVE THE OPPORTUNITY TO EXTEND THEIR LICENSE DURATION AT THE POINT OF RENEWAL, AND THEY'D BE ABLE TO EXTEND THEIR LICENSE TO THE DURATION OF 3 YEARS WHERE THEY CAN PROVE THAT THEY'VE HELD EXCEPTIONAL SAFETY AND HOSPITALITY STANDARDS. VENUES THAT WOULD QUALIFY FOR THAT WOULD NOT HAVE ACCRUED ANY CITATIONS, THEY WOULD NOT HAVE HAD ANY MAJOR INCIDENTS THREATENING TO PUBLIC SAFETY, NO CRIMINAL VIOLENT ACTIVITY ON THEIR PROPERTY REPORTED.

AND AGAIN, THAT'S AN INCENTIVE FOR, FOR GOOD, GOOD BUSINESS PRACTICE.

MOVING FORWARD.

AS IT PERTAINS TO THE DRAFT ORDINANCE OR THE ENTERTAINMENT LICENSE DRAFT, ULTIMATELY WHAT WE'VE PROPOSED HERE AIMS TO SUPPORT A THRIVING NIGHTLIFE ECONOMY WHILE MAINTAINING OUR CITY OF DALLAS AS A GREAT PLACE TO LIVE AND TO WORK. BY MODERNIZING OUTDATED POLICIES AND ESTABLISHING CLEAR EXPECTATIONS, OUR CITY CAN FOSTER BOTH ECONOMIC VITALITY AND NEIGHBORHOOD QUALITY OF LIFE AS INTENDED. MOVING FORWARD. YOU SHOULD HAVE THE FULL ORDINANCE DRAFT WHICH IS NOT GOING TO BE PRESENTED SLIDE BY SLIDE HERE.

BUT WHAT WE HAVE IS AN OVERVIEW SLIDE TO SUMMARIZE WHAT YOU'LL NOTE HERE IN CHAPTER 14 THAT OUTLINES THE PRIMARY PURPOSE AND REGULATORY INTENT BEHIND EACH ARTICLE WITHIN THE ENTERTAINMENT LICENSING ORDINANCE. ARTICLE 1 ESTABLISHES THE PURPOSE AND APPLICABILITY OF THE ORDINANCE, AND IT SETS THE FOUNDATION FOR WHO THIS APPLIES TO AND WHY. ARTICLE 2 ESTABLISHES THE FULL LICENSING SYSTEM, INCLUDING THE LICENSE TYPES, REQUIREMENTS, FEES, AND THE PROCESSES FOR SUSPENSION, REVOCATION, RENEWAL, AND APPEALS.

ARTICLE 3 FOCUSES ON SAFETY EXPECTATIONS FOR ENTERTAINMENT, PROVIDING BUSINESSES COVERING EMPLOYEE TRAINING, THEIR SECURITY PLANS CROWD MANAGEMENT, MEDICAL RESPONSE, AND PROPERTY UPKEEP. ARTICLE 4 ADDRESSES SOUND MANAGEMENT, INTRODUCING SOUND TIERS AND CLEAR REGULATIONS FOR INDOOR AND OUTDOOR SOUND

[00:45:01]

TO SUPPORT BOTH BUSINESS OPERATIONS AND THE COMMUNITY'S QUALITY OF LIFE. AND ARTICLE 5 ESTABLISHES THE ENFORCEMENT FRAMEWORK, DETAILING PENALTIES FOR ANY VIOLATIONS, IDENTIFYING THE CITY THE CITY'S AUTHORITY EMPOWERED TO OVERSEE COMPLIANCE, ENFORCE RESTRICTIONS, AND ACT WHERE NECESSARY.

NEXT SLIDE. IN TERMS OF NEXT STEPS, WE INTEND TO TAKE THIS PROPOSED ORDINANCE TO THE FULL BODY OF CITY COUNCIL ON JUNE 24TH.

MOVING FORWARD. WE'LL THANK YOU FOR YOUR TIME AND WITH SUPPORT FROM OUR SISTER DEPARTMENTS, TAKE ANY QUESTIONS OR ANY INPUT THAT YOU HAVE.

ALL RIGHT. THANK YOU SO MUCH FOR THIS PRESENTATION AND THANK YOU. AND I DIDN'T WANT TO RUSH IT BECAUSE IT IS VERY IMPORTANT.

AND I KNOW THIS IMPACTS A LOT OF BUSINESSES, SMALL BUSINESSES THAT HAVE BEEN OPERATING. SO I WANTED TO MAKE SURE THAT WE SPENT SOME TIME GOING THROUGH THIS AS WELL AS GIVE SOME OF OUR COUNCIL MEMBERS WHO I KNOW HAVE AREAS WHO ARE IMPACTED BOTH POSITIVELY AND NEGATIVELY THROUGH THESE CHANGES, GIVE THEM AN OPPORTUNITY TO VOICE IT.

SO AGAIN, THANK YOU. THANK YOU TO THE TASK FORCE. I SEE MANY OF YOU UP THERE.

CHAIR WEST FOR PUTTING THIS TASK FORCE TOGETHER. THANK YOU FOR YOUR WORK, THE CRITICISM, UNDER FIRE, ALL OF THESE THINGS THAT YOU'VE BEEN THROUGH TO TRY TO MAKE THIS CITY BETTER. WE APPRECIATE YOU.

SO WITHOUT FURTHER ADO, I'M GOING TO START DOWN HERE ON MY RIGHT AND START WITH CHAIR WEST.

THANK YOU, CHAIR, AND THANK YOU FOR CONTINUING TO MAKE THIS A PRIORITY FOR THE CITY AND FOR STAFF FOR THE DETAILED BRIEFING AND, AND INFORMATION. SO, I KIND OF WENT THROUGH ALL THIS LAST TIME, BUT I DEFINITELY WANT TO GIVE KUDOS OUT TO THE TASK FORCE AND ALL THE STAKEHOLDERS WHO HAVE BEEN WORKING ON THIS SEVERAL MONTHS NOW.

I UNDERSTAND WE'RE PRETTY CLOSE, AND WHAT I'VE BEEN HEARING, COLLEAGUES FROM THE TASK FORCE AND STAKEHOLDERS, THERE IS GENERALLY SUPPORT WITH SOME REMAINING CONCERNS FOR THE ENTERTAINMENT PERMIT TO MOVE FORWARD ITSELF.

THERE MAY BE SOME ON THE ENFORCEMENT SIDE, STILL A LITTLE BIT OF CONCERNS OUT THERE. AND SO THE REQUEST WOULD BE, IF WE DO MOVE FORWARD TODAY FOR STAFF TO CONTINUE WORKING WITH THE STAKEHOLDERS AND TO TRY TO GET IT ALL IRONED OUT BEFORE WE GET TO THE FINAL VOTE.

OKAY. SO A COUPLE CLARIFICATION QUESTIONS.

SLIDE 25, WHEN YOU MENTIONED THE PILOT PROGRAM, I WAS A LITTLE CONFUSED ON THAT.

WOULD THAT PILOT PROGRAM, IF WE MOVE FORWARD WITH THAT BE FOR THE INSPECTION OR FOR THE OVERALL LICENSE, OR WHAT WOULD IT BE FOR? IF WE WERE GOING TO MOVE FORWARD WITH THE PILOT PROGRAM, THAT WOULD PERTAIN TO THE ENTERTAINMENT LICENSE APPLICATION ROLLOUT, ETC. SO THAT WE WOULD FOCUS ON THE DEEP ELLUM DISTRICT, ALLOW ELIGIBLE BUSINESSES TO APPLY FOR THAT ENTERTAINMENT LICENSE, HAVE OUR SISTER DEPARTMENTS WHO ARE CALLED TO ENFORCE, ETC. CONDUCT THEIR BUSINESS AND THEN REPORT FINDINGS BACK TO THE BODY WITHIN A CERTAIN TIME FRAME, 6 MONTHS, 12 MONTHS, HOWEVER YOU SEE FIT.

OKAY, TAKE THE LEARNINGS AND THEN ROLL IT, ROLL IT OUT CITYWIDE AFTER THAT POINT. AND AGAIN, THAT IS AN OPTION, OR WE JUST TAKE IT CITYWIDE.

I'LL JUST PUT MY OPINION OUT THERE ON THIS.

I MEAN, I KNOW DE BELLUM ABSOLUTELY SHOULD ONE OF THE FIRST PLACES ADDRESSED FOR IT. BUT I KNOW JUST TALK ABOUT MY DISTRICT FOR A SECOND. I KNOW THAT PART OF THIS CAME ABOUT BECAUSE OF CONCERNS OUT OF BISHOP ARTS, AND I KNOW THERE WOULD BE A LOT OF CONCERN IF THE LICENSE WASN'T BEING ABLE TO BE APPLIED TO THEM UNTIL WE GET THROUGH THE PILOT PROGRAM.

SO I WOULD LIKE TO SEE YOU ROLL IT OUT CITYWIDE AND THEN COME BACK HERE IN A FEW MONTHS, 6 MONTHS OR SO, LET US KNOW HOW IT'S GOING.

THAT'S MY THOUGHT ON THAT. OKAY.

ONE MORE POINT, CHAIR WEST.

YEAH.

THERE'S ALSO CAUSE FOR THE NOISE-SPECIFIC PARAMETERS, THE SOUND PROVISIONS, TO BE ROLLED OUT IN THAT FORMAT SPECIFICALLY.

OKAY.

TO AGAIN USE THE DEEP ELLUM DISTRICT, GIVEN THE WORK THAT'S BEEN DONE AROUND SOUND MANAGEMENT AND THE REPORTS PUBLISHED FORWARD HAVE TAKEN PLACE ALREADY AND ALLOWING THE CODE TEAM TO FOCUS THERE FOR THE SOUND PROVISION SPECIFICALLY.

SURE.

YEAH. OKAY. I'M SUPPORTIVE OF THAT IF THAT'S HELPFUL TO THE CODE TEAM.

SO, THE ONE THING THAT KIND OF CAUGHT ME BY SURPRISE A LITTLE BIT WAS

[00:50:01]

ON THE HOURS REGULAR. I DON'T HAVE THE SLIDE, BUT ON THE REGULATION OF THE HOURS BASED ON ON THE SOUND DECIBELS. I THINK THAT YOU HAD MENTIONED ON ONE OF THE SLIDES THAT THE CODE OFFICERS WILL HAVE DISCRETION TO BE ABLE TO MODIFY THE HOURS OF OPERATION FOR LICENSE HOLDERS DEPENDING ON VIOLATIONS OF THE SOUND DECIBELS. WAS THAT CORRECT? ARE YOU REFERRING TO WHEN I STATED THAT THE DEPARTMENT DIRECTOR WOULD HAVE DISCRETION? I THINK SO.

SO, IN COLLABORATION WITH OUR SISTER DEPARTMENT AT CODE, AGAIN, CASE BY CASE, THAT HAS TO DO WITH ADJUSTING HOURS, AND THAT DISCUSSION FALLS ON OUR DEPARTMENT IN COLLABORATION WITH INFORMATION THAT WE'D RECEIVE FROM THE CODE DEPARTMENT. SO I'LL DEFER TO DIRECTOR CHRISTIAN AND THEN FOLLOW UP AFTER HIS FEEDBACK.

OKAY, GREAT.

THANK YOU FOR THAT QUESTION, COUNCILMEMBER WEST. THE CODE COMPLIANCE DEPARTMENT WOULD NOT HAVE THE ABILITY TO RESTRICT HOURS OF OPERATION. OUR ENFORCEMENT, IF WE GOT A SOUND COMPLAINT AND WE ISSUED A NOTICE OF VIOLATION FOR NOISE OR A CITATION FOR NOISE, WE WOULD PROVIDE THAT INFORMATION BACK TO DIRECTOR MARTIN'S DEPARTMENT AND THEY WOULD MAKE A DETERMINATION ABOUT REVOCATION OR SUSPENSION OF THE LICENSE.

OH, OKAY. I MEAN, I THINK, I THINK THERE'S GOOD INTENT THERE. CLEARLY MY CONCERN WOULD BE, YOU KNOW, WHAT IF AN OPERATOR IS GENERALLY A GOOD OPERATOR, WE HAVE ONE COMPLAINT, AND, YOU KNOW, I KNOW YOU WOULDN'T DO THIS, DIRECTOR, BUT LET'S SAY WE HAVE ANOTHER DIRECTOR IN 6 MONTHS OR A YEAR OR WHATEVER AND THEY DON'T LIKE A PARTICULAR OPERATOR, YOU KNOW WHAT I MEAN? LIKE, I DON'T LIKE JUST BLANKET DISCRETION WITHOUT SOME KIND OF APPEAL PROCESS OR SOMETHING.

YEAH. SO, THE CITATION ITSELF WOULD BE FOLLOWING EDUCATION, OF COURSE, IN THIS FRAMEWORK THAT THE DIRECTOR HAS LAID OUT. SO IT'D BE EDUCATION FIRST, FOLLOWED BY A TIMELINE TO COMPLY, AND THEN NOTICE OF VIOLATION AND THEN CITATION. AND SO THE VIOLATION WOULD HAVE TO BE REPETITIVE IN NATURE TO EVEN GET TO THIS POINT.

BUT I THINK THE DECISION TO REVOKE OR SUSPEND A LICENSE WOULD BE ON A CULMINATION OF FACTORS, NOT JUST ONE NOISE COMPLAINT.

OKAY, SO, THAT WILL BE CODIFIED, YOU'LL HAVE EDUCATION FIRST AFTER THE FIRST VIOLATION? YES, SIR.

AND I THINK IT'S THERE IN THE DRAFT LANGUAGE IN THE ORDINANCE, IF YOU ALL HAVE IT ALREADY, THAT IT WILL TAKE 3 CITATIONS OR NOTICES TO REACH A THRESHOLD FOR REVOCATION OR SUSPENSION.

GREAT. I SAW SOMETHING THAT MY EYEBROWS RAISED A LITTLE BIT ON IT, WHICH WE'RE REGULATING FIRST AID KITS.

IS THERE A NEED FOR US TO REGULATE FIRST AID KITS AT VENUES THAT WANT TO HAVE LIVE MUSIC? WHERE DID THAT COME FROM? AS IT PERTAINS TO MEDICAL RESPONSE, ET CETERA, THAT IS A DFR-RELATED MEASURE. AND AGAIN, THAT'S REALLY BASIC OPERATION IN TERMS OF ENSURING THAT OUR BUSINESS OPERATORS CAN PROVIDE WHAT THEIR PATRONS NEED IN THE CASE, IN THE EVENT THAT THERE'S SOME SEMBLANCE OF A MEDICAL EMERGENCY.

NATURALLY, A FIRST AID KIT IS A FIRST, YOU KNOW, VERY BASIC MEASURE, BUT IT IS A REQUIREMENT.

OKAY. I FEEL LIKE THE INTENT IS GOOD.

DEFINITELY THINK THE INTENT IS GOOD. BUT AS WE STACK ON ADDITIONAL REGULATIONS, IT GIVES OPERATORS JUST MORE OF A CHANCE TO FAIL A CODE INSPECTION.

AND THAT'S MY CONCERN.

I THINK CODE SHOULD BE WRITTEN FOR THE WORST CODE OFFICERS, NOT THE BEST ONES. YOU KNOW, LIKE, WE HAVE THE BEST CODE OFFICER IN DISTRICT 1. I HAVE NO DOUBT THEY'RE AMAZING.

BUT THERE HAVE BEEN OVER TIME CODE OFFICERS THAT ARE ON A POWER TRIP, AND WE SHOULD WRITE OUR CODES SO THAT THEIR POWER CAN'T BE MISUSED. AND I WORRY WHEN WE THROW IN THINGS LIKE FIRST AID KITS, YOU KNOW, IT'S MISSING A BOX OF BAND-AIDS AND ALL OF A SUDDEN YOU GET A VIOLATION. THAT'S MY CONCERN. YOU UNDERSTAND? THANK YOU FOR THOSE COMMENTS, COUNCILMEMBER. AND I NEED TO INTRODUCE CHRIS CHRISTIAN, DIRECTOR OF CODE COMPLIANCE SERVICES. I DON'T THINK I DID THAT THE FIRST TIME.

JUST BACK FOLLOWING UP ON YOUR LAST QUESTION, ANY REVOCATION OR SUSPENSION DECISION IS ABLE TO BE APPEALED TO THE PERMIT LICENSING APPEAL BOARD AS WELL.

OKAY. ALL RIGHT, THAT'S IT FOR THANK YOU.

ALL RIGHT, THANK YOU.

CHAIR RIDLEY.

THANK YOU, MR. CHAIR.

I THINK THIS IS A GREAT IDEA. I THINK ITS TIME HAS COME.

IT IS INTENDED TO, AND I THINK IT WILL MAKE ENTERTAINMENT VENUES MORE ACCOUNTABLE TO NEARBY PROPERTY OWNERS AND TO THE CITY. I HAVE A FEW QUESTIONS. YOU STATED AT THE OUTSIDE THAT THIS WILL REPLACE DANCE HALL LICENSE.

COULD YOU PLEASE COMPARE AND

[00:55:01]

CONTRAST THE ENTERTAINMENT LICENSE WITH THE DANCE HALL LICENSE THAT IT WILL REPLACE? SO THE UPDATES AS A WHOLE THAT WERE MADE FOR THE ENTERTAINMENT LICENSE ENSURE THAT, ONE, THERE ARE MORE CLEAR PROVISIONS FOR BUSINESS OPERATORS WHO IN THE PAST HAVE FELT THAT THERE WAS A BIT OF AMBIGUITY AND SPACES, YOU KNOW, VAGUE SPACES LEFT TO BE DETERMINED, IF YOU WILL. THERE'S MORE DEFENSIBILITY BUILT INTO THIS CURRENT ENTERTAINMENT LICENSE AS IT PERTAINS TO CODE ENFORCEMENT.

AGAIN, THIS IS A STACK-ON FOR THE CO TO ALLOW BUSINESSES TO CONDUCT THESE ENTERTAINMENT ACTIVITIES, IF YOU WILL.

YOU'LL SEE AN EXTENSION ON SOME OF THE DEFINITIONS WITHIN THE ENTERTAINMENT LICENSE THAT ARE NOT NOTED IN THE DANCE HALLS AS ANOTHER EXAMPLE. AND I'LL PAUSE THERE.

AND THIS WILL HAVE A BROADER SCOPE THAT WILL APPLY TO RESTAURANTS THAT HAVE ENTERTAINMENT THAT MAY NOT ALLOW DANCING UNDER AND THUS REQUIRE A DANCE HALL PERMIT.

IS THAT CORRECT? CORRECT.

ON SLIDE 17, THERE ARE REQUIREMENTS TO OBTAIN A PERMIT, AND I'M CURIOUS IF FIRE EVACUATION IS ONE OF THE CRITERIA FOR THEIR APPLICATION.

SO, IN TERMS OF THE EMERGENCY RESPONSE PLAN THAT'S REQUIRED FOR THEM TO FURNISH FORWARD ALONG WITH THEIR... SO THERE WILL BE A REQUIREMENT? YES, SIR.

AND THEN ON SLIDE 18, THE LAST BULLET REFERS TO A MEDICAL LEAD REQUIREMENT.

WHAT IS A MEDICAL LEAD? ONE MOMENT, I HAVE AN EXTENDED LIST TO PROVIDE FOR YOU.

SO I'M GOING TO GO REVIEW WHAT'S REQUIRED OF THE ENTIRE MEDICAL RESPONSE PLAN AND HOPE THAT GETS TO YOU.

THERE'S A DIFFERENCE IN PAGE NUMBERS. IT'S THE NEXT PAGE.

THERE WE GO. MEDICAL LEAD REQUIRED.

I'M SORRY, SIR, ARE YOU ON SLIDE 18 OR SLIDE 19? WELL, IT'S ON SLIDE 18 IN MY PRINTED COPY, BUT ON THE PROJECTED SLIDE IT'S 19.

OKAY, THANK YOU. ALL RIGHT, SO WE'RE ON THE SAME PAGE.

OKAY, AND REPEAT YOUR QUESTION ONE MORE TIME FOR ME.

WHAT IS THE MEDICAL LEAD REQUIREMENT? OKAY, SO AGAIN, IF I CAN EXTEND MY RESPONSE BACK TO DISCUSS WHAT'S REQUIRED IN THE RESPONSE PLAN. SO WE NEED A SITE PLAN OF EMS FIRE LANE AND LOCATIONS OF THEIR FIRST AID, NARCAN, AND THEIR AED. WE NEED TO KNOW WHO'S RESPONSIBLE FOR CALLING EMS ON THEIR STAFF.

WE NEED TO KNOW WHO'S RESPONSIBLE FOR MEETING EMERGENCY RESPONSE OFFICIALS ON THE BUSINESS'S STAFF AT ARRIVAL AND WHERE THAT ARRIVAL POINT IS, ETC.

WELL, DOES THIS MEAN THAT AN MD HAS TO BE ON CALL FOR EVERY ENTERTAINMENT LICENSED VENUE? AN MD? YEAH. WHAT IS A MEDICAL LEAD? THE MEDICAL LEAD ON A BUSINESS OWNER'S STAFF.

SO FOR INSTANCE, IF I'M A BUSINESS OWNER, IF I OWN, YOU KNOW, MARTINE PHILIPPE'S CLUB AND TAVERN, RAFAEL COULD BE A MANAGER ON MY STAFF. HE WOULD HAVE, AS THE MEDICAL MD, MEDICAL LEAD ON MY STAFF, HE'S THE POINT PERSON. SO IF WE HAVE ANY MEDICAL EMERGENCY DURING RAPHAEL'S SHIFT, HE WOULD BE NOTED AS SUCH.

WHEN I'M APPLYING FOR MY ENTERTAINMENT LICENSE, I WOULD NOTE THE BAR MANAGER, MAYBE NOT BY NAME BUT BY TITLE, IS THAT PARTY, THAT RESPONSIBLE PARTY WHO WAS CALLED AS PART OF MY MEDICAL RESPONSE PLAN, MY MEDICAL RESPONSE PLAN I'M SUBMITTING.

AND WHAT ARE THEIR RESPONSIBILITIES? AS NOTED, HE MAY BE RESPONSIBLE FOR CALLING EMS, CALLING 911 DURING A MEDICAL EMERGENCY.

HE MAY BE RESPONSIBLE TO MEET THE EMS WHEN THEY ARRIVE TO ESCORT THEM TO THE LOCATION OF THAT.

OKAY, BUT THEY DON'T HAVE TO HAVE ANY MEDICAL QUALIFICATIONS? NO.

BUT THEY ARE RESPONSIBLE ON SITE FOR THE EMERGENCY RESPONSE COMPONENTS OF THAT PLAN. FORGIVE MY CONFUSION.

WITH REGARD TO THE DISCRETION OF THE DIRECTOR ON SLIDE 23, MAYBE 24 ON YOUR VERSION, THAT COUNCILMAN WEST WAS SPEAKING ABOUT. I BELIEVE THAT THE DISCRETION OF THE DIRECTOR TO EXPAND THE HOURS, GO BACK A SLIDE. IT'S THE ONE

[01:00:01]

WITH THE TABLE ON OUTDOOR AMPLIFIED SOUND.

THERE WE GO. YEAH, IT'S 23 IN MINE. THE FOOTNOTE SAYS THAT THE DIRECTOR MAY GRANT A VARIANCE OF THE SCHEDULE, AND I WOULD REQUEST THAT THAT VARIANCE, IF IT EXPANDS THE HOURS, BE LIMITED TO 30 MINUTES.

NO MORE THAN THAT. OR ALTERNATIVELY, IF YOU WANT TO ALLOW FOR APPLICATIONS TO EXPAND THAT SCHEDULE MORE THAN 30 MINUTES, THEN THE DIRECTOR MUST SEND OUT NOTICE TO ALL PROPERTY OWNERS WITHIN 200 FEET AND ALLOW THEM AN OPPORTUNITY TO SUBMIT THEIR SUPPORT OR OPPOSITION TO THE EXPANSION OF HOURS MORE THAN 30 MINUTES, AND IF MORE THAN 20% OF THE PROPERTY OWNERS OPPOSE IT, IT'S AUTOMATICALLY DENIED.

I JUST AM CONCERNED ABOUT TOO MUCH DISCRETION IN THE DIRECTOR.

IF IT'S SOMEONE WHO IS TOO PRO-EVENT VENUES, THEY MAY JUST WILLY-NILLY GRANT WHATEVER APPLICATION TO 11 TO 12 O'CLOCK AT NIGHT AND THERE'S NO INPUT FROM THE RESIDENTS NEARBY, FROM THE BUSINESS OWNERS NEARBY. SO I REALLY THINK THAT DISCRETION NEEDS TO BE LIMITED. WHEN WILL WE SEE A COPY OF THE ORDINANCE? IF YOU SEE, YOU SHOULD HAVE ACCESS TO REVIEW IT, BUT WE'LL CERTAINLY ENSURE THAT YOU HAVE ACCESS TO REVIEW IT.

OKAY, IT DIDN'T ACCOMPANY THE BRIEFING MEMO OR POWERPOINT, AND MY STAFF COULDN'T FIND IT. SO I'M JUST CURIOUS IF WE'RE GOING TO TAKE THIS UP IN A WEEK'S TIME, WHEN WE'RE GOING TO SEE THAT.

WE'LL HAVE TO FURNISH IT IN A FRIDAY MEMO IN ITS ENTIRETY.

ALL RIGHT, THANK YOU.

VICE CHAIR CADENA.

IN REGARDS TO THE RESIDENTS INPUT, SO IF IT GOES TO LICENSE AND APPEAL, RESIDENTS CAN ATTEND THAT HEARING, IS THAT CORRECT? YES, MA'AM. THANK YOU FOR THAT QUESTION.

YEAH, AND THEN I THINK OTHER CITY DEPARTMENTS ATTEND AS WELL TO PROVIDE INPUT? THAT IS CORRECT.

OKAY. AND THEN, AFTER THE PERMIT'S ISSUED, I WASN'T VERY CLEAR, I MAY HAVE MISSED IT, WILL THERE BE AN ON-SITE INSPECTION ONCE THE PERMIT'S ISSUED? THANK YOU FOR THAT QUESTION, COUNCILMEMBER CADENA.

CODE COMPLIANCE WILL NOT BE PROACTIVELY INSPECTING ANY OF THESE ESTABLISHMENTS ONCE THEY HAVE OBTAINED THE LICENSE. WHAT WE WILL DO IS GO OUT IN RESPONSE TO COMPLAINTS OR ISSUES THAT ARISE AT THESE ESTABLISHMENTS.

ONCE WE'RE OUT THERE, WE'LL CONDUCT OUR TYPICAL ASSESSMENTS, WHICH INCLUDES WHAT ZONING IS THE PROPERTY IN, WHAT TYPE OF CERTIFICATE OF OCCUPANCY DO THEY HAVE, AND DOES THE CURRENT OPERATIONAL CHARACTERISTICS FIT WITH THEIR ZONING AND APPROVED USE CHARACTERISTICS.

OKAY, PERFECT. AND THEN, RESIDENTIAL WOULD ALSO INCLUDE APARTMENT COMPLEXES, RIGHT? AND I ASKED THAT QUESTION KIND OF KNOWING YES, BUT WE HAVE A LOT OF APARTMENTS THAT ARE NEAR OUR MUSIC VENUES, AND SO I JUST WANT TO MAKE SURE THAT THAT'S CLEAR.

RESIDENTIAL ADJACENCY FOR NOISE? YES, MA'AM.

OKAY. AND THEN, WHAT IS THE PLAN TO GET MORE NOISE METERS? BECAUSE I KNOW THAT WE DO NOT HAVE ENOUGH OF THOSE.

YES, MA'AM.

SO BASED ON WHAT THIS BODY DECIDES AND THEN THE FULL CITY COUNCIL, WE WOULD PROBABLY MAKE A SMALL BUDGET ENHANCEMENT TO AFFORD US THE ABILITY TO PROCURE MORE. WE CURRENTLY DO HAVE A HANDFUL OF TYPE 1 SOUND METERS AVAILABLE TO US THAT WE USE CURRENTLY, BUT OUR GOAL WOULD BE TO ENHANCE OUR STOCK BY A FEW MORE OF THOSE AT LEAST TO SUPPORT THIS NEW EFFORT.

OKAY.

AND THEN WOULD IT BE THE NIGHTTIME TASK FORCE THAT GOES OUT IF THERE IS A COMPLAINT AFTER HOURS? AND SO IT WOULD BE OUR NIGHTTIME ENTERTAINMENT ENFORCEMENT TEAM.

OKAY. I WOULD DEFINITELY LIKE TO SEE THIS CITYWIDE, OR AT LEAST IN DISTRICT 6 AS WELL.

I KNOW SINCE WE'VE HAD SOME APPLICANTS THAT HAVE WANTED TO COME OVER TO DISTRICT 6, AND EVEN THIS WEEKEND THERE WERE SOME ISSUES IN OUR AREAS AND SO I CAN DEFINITELY SEE IF THERE'S ENFORCEMENT

[01:05:01]

IN ONE AREA, THERE MAY BE SOME TRAVELING OVER TO ANOTHER AREA BECAUSE I'M ALREADY SEEING ISSUES IN 6.

AND SO WOULD DEFINITELY BE SUPPORTIVE OF THIS AT LEAST INCLUDING 6, BUT IF NOT, TO OTHER PARTS OF THE CITIES AS WELL. AND JUST TO CLARIFY, IT WON'T BE JUST CO-COMPLIANCE.

WE ALSO GO OUT WITH DALLAS POLICE DEPARTMENT AND DALLAS FIRE RESCUE AS WELL.

IT'S MY UNDERSTANDING THAT THE LICENSE ITSELF WILL BE ROLLED OUT CITYWIDE. THE SOUND PROVISIONS THAT ALLOW FOR THE EXCEEDED DECIBEL THRESHOLDS WILL BE ISOLATED TO DEEP ELLUM AS A PILOT BECAUSE THEY ALREADY CONDUCTED A SOUND STUDY THAT SUPPORTS THOSE DECIBEL THRESHOLDS.

AND SO WE'LL ROLL THE SOUND MANAGEMENT PIECE OUT AS A PILOT IN DEEP ELLUM BEFORE GOING CITYWIDE, BUT THE LICENSE ITSELF WILL BE A CITYWIDE ROLLOUT. WELL, EVEN THE SOUND ISSUE I WOULD LIKE IN DISTRICT 6 BECAUSE I KNOW THAT WE HAVE HAD DIFFICULTY WITH SOME VENUES IN 6.

AND THE CODE SAID THEY COULDN'T GO AFTER CERTAIN HOURS.

THIS WEEKEND THERE WAS A HUGE ISSUE IN ONE OF MY AREAS AND IT IS RIGHT NEAR RESIDENTIAL AREA. IT IS RIGHT IN THE MIDDLE OF A NEIGHBORHOOD. THE OTHER 2 THAT I CAN THINK OF, THE SAME THING.

IT'S RIGHT NEAR APARTMENTS.

THE SOUND TRAVELS, AND THERE SEEMS TO BE NO ASSISTANCE WITH HELPING THOSE RESIDENTS.

SO, FOR THE NOISE COMPLAINTS THAT FALL OUTSIDE OF DEEP ELLUM'S PILOT, THOSE AREAS WOULD BE UNDER THE CHAPTER 30-1, CHAPTER 30-4, AND CHAPTER 51A-6102 CODES OF OUR CURRENT SOUND AND NOISE THRESHOLDS.

AND SO WE CAN STILL ENFORCE THOSE. WHAT I WILL SAY IS THE RESIDENTIAL NOISE COMPLAINTS ARE OUR DALLAS POLICE DEPARTMENT RESPONSE AFTER HOURS IN RESIDENTIAL.

AND SO WE CAN DO COMMERCIAL BUSINESSES UP UNTIL 4 AM THURSDAY THROUGH SUNDAY, BUT RESIDENTIAL NOISE AFTER HOURS IS A DALLAS POLICE DEPARTMENT COMPLAINT.

YEAH, THESE ARE DEFINITELY COMMERCIAL VENUES. I KNOW WE'VE HAD DIFFICULTY BECAUSE THERE HAVE BEEN TIMES WHEN CODE'S LIKE, WELL, WE, YOU KNOW, WE HAVE TO GET SPECIAL PERMISSION TO WORK ON THE EVENINGS OR WEEKENDS.

AND SO I JUST WANT TO MAKE SURE THAT WE'RE ALSO ABLE TO ENFORCE IN THOSE AREAS AS WELL.

I'D LOVE TO GET THOSE LOCATIONS FROM YOU OFFLINE AND WORK ON A PLAN TO ADDRESS THOSE.

OKAY. THANK YOU.

COUNCILMEMBER ROTH.

THANK YOU.

LIKE COUNCILMEMBER RIDLEY, I'M CONCERNED ABOUT THE ACTUAL ORDINANCE, THE ACTUAL WHAT'S WRITTEN.

THIS IS A REAL EASY THING TO BROADLY SAY WE'RE GOING TO ENFORCE THIS STUFF, BUT THE DEVIL'S IN THE DETAILS. AND I'M REAL CONCERNED ABOUT GETTING A 100-PAGE ORDINANCE OVER THE WEEKEND AND HAVING TO VOTE ON IT NEXT WEEK.

AND I DON'T THINK THAT'S FAIR, AND I DON'T THINK THAT'S APPROPRIATE. AND I KNOW WE'RE ALL TRYING TO GET OUT OF HERE FOR JULY, BUT TO JAM A CITYWIDE ORDINANCE ON US THAT'S GOING TO BE COMPLICATED AND REALLY NEEDS TO BE VETTED, AND TO HAVE US TRY TO NEGOTIATE IT AND DISCUSS IT AND ARGUE ABOUT IT IN A CITY COUNCIL MEETING WHERE WE'RE GOING TO HAVE A HUGE AGENDA, IS REALLY GOING TO BE, I DON'T THINK, APPROPRIATE.

AND I WOULD STRONGLY RECOMMEND THAT THIS ORDINANCE BE BROUGHT TO US, BACK TO THIS COMMITTEE FIRST.

AND I'M NOT TRYING TO SABOTAGE THE, THE ORDINANCE. I WANT TO GET IT DONE, BUT I WANT TO GET IT DONE RIGHT BECAUSE THIS IS A COMPLICATED, SERIOUS SITUATION, ESPECIALLY IF IT'S GOING TO BE A CITYWIDE ORDINANCE.

I STILL HAVE A LOT OF QUESTIONS ON IT, NOT BECAUSE I'M TRYING TO BE OPPOSITIONAL.

I REALLY JUST WANT TO MAKE SURE THAT WE HAVE A GOOD ORDINANCE THAT WE CAN ENFORCE AND THAT WE CAN DO IT PROPERLY. DOES THIS ORDINANCE HAVE ANY SIZE LIMITATION ON THE SIZE OF THE VENUE, OR IS IT ONLY...

IF YOU HAVE A 01,000-SQUARE-FOOT LITTLE RESTAURANT THAT HAS A GUY COMING UP ON, YOU KNOW, FOR A COUPLE HOURS TO PLAY A GUITAR? DO THEY NEED A PERMIT TO DO THAT? SO THE ENTERTAINMENT LICENSE AGAIN PERTAINS TO... IT'S A STACK-ON.

TALK A LITTLE LOUDER, PLEASE.

IS THAT BETTER, SIR? IS THAT BETTER? THANK YOU, SIR. SO THE ENTERTAINMENT LICENSE PERTAINS TO VENUES WHO NEED, YOU KNOW, A LICENSE TO CONDUCT THIS ADDITIONAL USE. SO THIS IS NOT THEIR PRIMARY USE, PROVIDING ENTERTAINMENT.

SO DESPITE THE SIZE, IF THEIR CO DOES NOT ALLOW FOR THEM TO PROVIDE THE SECONDARY USE THEY WOULD NEED TO APPLY FOR THIS PARTICULAR LICENSE? IF THERE'S A DENIAL, IT GOES

[01:10:03]

TO THE PERMIT AND LICENSING BOARD, APPEAL BOARD.

THE APPLICANT DOES HAVE AN OPPORTUNITY TO TAKE THEIR APPEAL IF THEY CHOOSE TO DO SO TOO.

IS THAT WHERE THEY GO? THAT WOULD BE THE VENUE FOR THAT? YES, SIR.

AND WHO CAN GRANT THE VARIANCE? IS IT YOUR DEPARTMENT, OR WHICH DEPARTMENT GRANTS THE VARIANCE IF THERE'S A VARIANCE IN NOISE HOURS, WHATEVER IT IS.

YES, SIR.

OFFICE OF ARTS AND CULTURE.

OKAY. AND THIS IS ONLY APPLICABLE TO THOSE RESTAURANTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS.

WHAT'S A COMMERCIAL AMUSEMENT MEAN? I'M SORRY, I DIDN'T PREPARE FOR THIS BECAUSE I DIDN'T UNDERSTAND THE DEFINITIONS. I REALLY AM TRYING TO UNDERSTAND HOW BROADLY THIS GOES TO.

GOOD MORNING, COUNCILMEMBER ROTH.

ANDREA WOODREA, DEPUTY DIRECTOR, PLANNING AND ZONING. THOSE 4 USE CATEGORIES THAT ARE MENTIONED IN HERE, THOSE ARE ZONING LAND USE DEFINITIONS. SO A COMMERCIAL AMUSEMENT INSIDE AND A COMMERCIAL AMUSEMENT OUTSIDE IS WHATEVER IS DEFINED IN CHAPTER 51A.

IT'S DISTINCT LANGUAGES.

IT DOES NOT APPLY TO NONPROFIT ORGANIZATIONS, RELIGIOUS ORGANIZATIONS? IT DOESN'T APPLY TO ANY KIND OF ONE-OFF EVENTS, EVENT CENTERS, OR PARTICULAR PROGRAMS THAT A GROUP MIGHT BE WANTING TO PUT ON ON A ONE-OFF DEAL? NO, SIR.

AND EVENT VENUE, IS THAT A DEFINED TERM SOMEWHERE? YES, IT'S A NEW LANGUAGE THAT THIS COUNCIL APPROVED END OF MAY. AGAIN, IT HAS A DISTINCT DEFINITION. IT IS PER CHAPTER 51A.

OKAY, THANK YOU.

COUNCILMEMBER BASADOUR.

THANK YOU, MR. CHAIR. THANK YOU ALL FOR YOUR PRESENTATION, AND THANK YOU ALL UP THERE FOR ALL YOUR WORK. I WANT TO MAKE SURE AND SAY THANK YOU ALL FOR YOUR WORK BEFORE I SAY THAT I DON'T NECESSARILY LOVE WHAT IT IS THAT WE'RE TAKING UP TODAY.

I DON'T THINK THAT THE DISCRETION IS ONE THAT IS A POSITIVE. I ABSOLUTELY HATE WHEN WE BRING POLICIES THAT ARE ALLOWED FOR DISCRETION. I ACTUALLY WAS LOOKING AT IT FROM THE OPPOSITE SIDE, BUT JUST TO SHOW HOW TOO MUCH DISCRETION CAN LEAD TO INCONSISTENCY, THE CONCERN MR. RIDLEY RAISED WAS SOMEONE WHO MAY BE PRO-VENUE. MY ISSUE IS PROBABLY THE OPPOSITE, AND ONE THAT WANTS TO COME DOWN SIMILAR TO WHAT MR. WEST MENTIONED IN BEING TOO ENFORCEMENT-HEAVY.

SO THE DISCRETION PIECE, TO ME, IF WE'RE TRYING TO GET SOMETHING RIGHT, SHOULD BE TAKEN OUT. IT SHOULD BE VERY OBJECTIVE. IT SHOULD BE VERY BLACK AND WHITE, AND IT SHOULD BE ONE THAT IS CLEARLY APPLICABLE ACROSS THE BOARD NO MATTER WHERE, ESPECIALLY WHEN WE'RE TALKING ABOUT ENTERTAINMENT DISTRICTS THAT HAVE NOT EVEN BEEN DEFINED, WHICH IS WHY I'M NOT A BIG FAN OF THIS PROCESS, BECAUSE I BELIEVE THIS IS CART BEFORE THE HORSE AND WE SHOULD BE FOCUSING ON TRULY ESTABLISHING ENTERTAINMENT DISTRICTS AND WHAT THAT LOOKS LIKE TO DIFFERENTIATE BUSINESSES.

THIS IS BEING PAINTED WITH A BROAD BRUSH ACROSS OUR ENTIRE CITY, AND AS WE HAVE IT, WHO HAS WORKED ON EXTENSIVELY ON THIS, WHO IS SITTING HERE IN THE CHAMBERS HAS A STRONG PRESENCE OF ONE ENTERTAINMENT DISTRICT IN THE ENTIRE CITY. WE KNOW THAT THERE'S CLOSER RELATIONSHIPS WITH CERTAIN STAKEHOLDERS, WITH CERTAIN ORGANIZATIONS AND GROUPS. I AM SICK AND TIRED OF THE GOOD OLD BOY SYSTEM OF THE CITY OF DALLAS.

SO BRINGING IN MORE POLICY THAT HAS MORE DISCRETION, TO ME, IS JUST GOING TO PERPETUATE THAT. AND IF WE'RE GOING TO BE PASSING SOMETHING, I THINK THAT IT SHOULD BE COMPLETELY OBJECTIVE AND WE SHOULD TAKE THE TIME TO IT RIGHT. TO COUNCILMEMBER ROTH'S POINT, I DON'T NECESSARILY KNOW.

I MEAN, I WOULD GUESS IF WE WERE IN APRIL AND YOU ALL WERE CHOMPING AT THE BITS TO GET THIS DONE BEFORE WE HAD AN INFLUX OF PEOPLE FOR FIFA, THAT'D BE ONE THING.

BUT WHEN WE'RE TALKING ABOUT TAKING THIS VOTE ON THEIR WAY OUT, THOSE TOURISTS' WAY OUT... I DON'T NECESSARILY SEE WHY THERE IS A RUSH TO HAVE THIS SHOVED DOWN AND PASSED SO EXPEDITIOUSLY. SEDITIOUSLY WHEN THERE CLEARLY ARE QUESTIONS THAT HAVEN'T BEEN ANSWERED, THERE ARE DETAILS THAT HAVEN'T BEEN WORKED OUT.

AND IF WE'RE NOT GOING TO GET TO SEE THE ACTUAL LEGAL LANGUAGE THAT'S GOING TO BE IN PLACE AND THAT BUSINESSES ARE GOING TO BE REQUIRED OR EXPECTED TO ADHERE TO, I THINK IT'S NOT VERY GOOD GOVERNING.

I DON'T KNOW WHAT THE RUSH IS. AND SO IF YOU COULD EXPLAIN TO ME WHY WE HAVE THINGS THAT WE'RE STILL WORKING OUT IN CONVERSATIONS THAT WE'D LIKE TO SEE, NO SPECIFIC ORDINANCE LANGUAGE THAT WE'VE BEEN ABLE TO REVIEW, AND YOU'RE STILL ASKING FOR IT TO BE ON THE 24TH

[01:15:01]

TO BE VOTED ON.

IF I MAY FIRST NOTE THAT THE INITIAL TIMELINE IMPOSED ON US CREATED THIS EXPEDITED TRACK. AND SO OUR INITIAL GOAL IN TERMS OF THE WORK OF THE HOSPITALITY AND NIGHTLIFE TASK FORCE WAS SET OUT TO BE COMPLETED WITH COUNCIL ACTION PRIOR TO THE WORLD CUP WINDOW. AND OF COURSE, AS STAFF BEGAN TO WORK IN COLLABORATION ON THESE EFFORTS.

THAT'S WHY I REFERENCED THAT, RIGHT? IT DIDN'T WORK THAT WAY.

OF COURSE. AND SO AS WE, YOU KNOW, BEGAN OUR WORK IN COLLABORATION INTERNALLY, WE STARTED TO UNCOVER A FEW DIFFERENT MATTERS THAT ONE GAVE US CAUSE TO BEGIN MEETING WITH EACH OF YOU, TO MEET WITH SOME OF OUR EXTERNAL STAKEHOLDERS TO MANAGE EXPECTATIONS, IF YOU WILL, AND IRON OUT SOME OF WHAT WE FOUND.

NOW, IN TERMS OF THE DRAFT ORDINANCE AT LENGTH, I'M HAPPY TO DEFER ELSEWHERE TO ENSURE THAT YOUR QUESTION IS RESPONDED TO.

GOOD MORNING.

GOOD MORNING, CHAIRMEMBERS OF THE COMMITTEE. LIZ CITY OPERATOR, CITY MANAGER'S OFFICE.

THIS BRIEFING HERE BEFORE THE QUALITY COMMITTEE WAS VERY CRITICAL TO HOW WE MOVE FORWARD WITH THE ITEM. AS YOU CAN SEE FROM THE FROM THE SUBJECT EXPERTS WHO'VE BEEN HERE TODAY TALKING THROUGH THIS.

THERE'S BEEN A LOT OF INTERDEPARTMENTAL REVIEW ALONGSIDE OUR STAKEHOLDERS, ALONGSIDE MEETING WITH INDIVIDUAL MEMBERS FOR FEEDBACK AND REVIEW. AND SO, WE'RE TAKING THIS IN.

IF IT IS THE WILL OF THE CHAIR AND THE COMMITTEE FOR US TO TAKE A FEW MORE WEEKS WITH THIS TO ENSURE THAT EVERYBODY HAS HAD THE OPPORTUNITY TO REVIEW THE DRAFT ORDINANCE LANGUAGE, AS WELL AS ANY QUESTIONS THAT NEED TO BE ANSWERED BY BY STAFF, THEN CERTAINLY THAT'S SOMETHING THAT WE'RE RECEPTIVE TO.

THANK YOU. YEAH. I JUST DIDN'T KNOW IF THERE WAS ANY REASON, LIKE, OTHERWISE, IF THERE WAS A SPECIFIC REASON WHY IT WOULD NEED TO BE DONE ANY FASTER, OR IF WE WOULD HAVE THE LUXURY TO ACTUALLY DO PROPER DUE DILIGENCE BEFORE.

AS DIRECTOR PHILIPPE NOTED, WE HAD BEEN ON AN EXPEDITED TIME FRAME TO BE RESPONSIVE AND THIS IS WHERE WE ARE NOW.

OKAY. I WOULD SAY THAT I WOULD DEFINITELY SUGGEST US HAVE THE ABILITY FOR THIS TO NOT FEEL RUSHED IF POSSIBLE.

AND KNOWING THE LANGUAGE, I THINK THAT WE'VE HEARD SOME OF THE CONCERNS HERE.

MY BIGGEST IS THE DISCRETION.

I WOULD LIKE FOR US TO HAVE THAT IRONED OUT. I THINK IT SHOULD BE EXTREMELY BLACK AND WHITE.

I THINK THAT TO CHAIR WEST'S POINT, THE ABSOLUTE MOST PUNITIVE CODE ENFORCEMENT OFFICER WHO'S JUST ABSOLUTELY KNOWN TO COME DOWN ON WHATEVER IT IS THAT THEY'RE COMING DOWN ON, THAT THERE'S NO ROOM FOR DISCRETION THERE. THAT AS FAR AS WHAT IS BLACK AND WHITE, WE'RE IMPLEMENTING SOMETHING NEW, SO WE SHOULD HAVE THE ABILITY TO TRULY GET TO THE CORE ISSUE OF WHAT WOULD BE ENFORCED. I ALSO AM CURIOUS TO CHAIR WEST'S FIRST AID KIT POINT.

I MEAN, COMING FROM THE INDUSTRY MYSELF, THAT'S ALREADY A REQUIREMENT IF THERE'S ANY KITCHEN. I THINK IN MANY CASES BAR SERVICES ARE GOING TO REQUIRE THAT TOO, DEPENDING ON THE TABC LICENSING. CAN YOU EXPLAIN TO ME WHAT OUR DEFINITION OF A FIRST AID KIT IS? THANK YOU.

AND I THINK WE WANT TO DEFER TO OUR CODE DEPARTMENT. AND CERTAINLY THIS IS SOMETHING THAT DFR HAS BEEN ALSO AT THE TABLE WITH US. WE DON'T HAVE OUR COLLEAGUES WITH DFR HERE TODAY.

BUT WHAT WE DO WANT TO EMPHASIZE IS THAT WE'RE NOT TRYING TO REGULATE FIRST AID KITS.

THEY'RE ALREADY REQUIRED.

IT'S JUST THE INTENTION IS THAT THEY BE PRESENT.

I UNDERSTAND.

FROM A HEALTH AND SAFETY STANDARD. THANK YOU.

THERE'S STILL AN AMBIGUITY TO WHAT A FIRST AID KIT IS, AND IF I CAN'T HAVE THE DIRECTORS OF DEPARTMENTS BE ABLE TO DEFINE IT, I DON'T KNOW HOW WE EXPECT FIELD CODE OFFICERS OR RESTAURATEURS AND OPERATORS TO UNDERSTAND IT AS WELL.

THANK YOU FOR YOUR QUESTION, COUNCILMEMBER BELZADOUL. THE FIRST AID KITS ARE FOR INSTANCES OF IMMEDIACY IN THE EVENT THAT PERHAPS THERE MAY BE A MINOR INJURY, CUT, ET CETERA.

ARE THEY INCLUSIVE OF ANY SPECIFIC MEDICAL RESOURCES? YES, SIR.

TYPICALLY, YOU KNOW, THE TYPICAL COMPONENTS OR INGREDIENTS OF A FIRST AID KIT TO INCLUDE GAUZES, BAND-AIDS MOST IMPORTANTLY, AND OF COURSE WHENEVER A BAND-AID IS APPLIED, A FINGER CONDOM HAS TO FOLLOW. AND THEN NOT ONLY

[01:20:01]

THAT, EVEN THOUGH THE FINGER CONDOM IS APPLIED THEREAFTER, STILL HAVE TO HAVE A GLOVE ON IN THE EVENT THAT IS EVEN NECESSARY.

THANK YOU, CEDRIC.

THANK YOU FOR THE QUESTION, COUNCIL MEMBER BALZAD A.

FOR THIS CASE, THE FIRST AID KIT WOULD BE THAT WHICH IS EQUIVALENT TO THE 16-UNIT FIRST AID KIT THAT COMPLIES WITH THE LATEST EDITION OF THE AMERICAN NATIONAL STANDARD INSTITUTE, ANSI, INTERNATIONAL SAFETY EQUIPMENT ASSOCIATION, ISEA, STANDARD Z308.1.

AND IS THAT DEFINITION IN THE ORDINANCE LANGUAGE? IT'S IN OUR CODE IN CHAPTER 08, SECTION 8A-29, EMERGENCY PRECAUTIONS.

IS IT IN OUR ORDINANCE LANGUAGE? IN THIS ORDINANCE? YEAH.

I'M NOT SURE, SIR.

OKAY. BUT WE CAN DEFINITELY... I WANT TO MAKE SURE THAT THERE'S CLEAR DEFINITION AND CROSS-REFERENCE. WE CAN DEFINITELY ADD IT BECAUSE THAT WOULD BE A VERY EASY APPEAL FOR A RESTAURANT IN THAT CASE.

AND SO THAT'S AN EXAMPLE THAT I'M GIVING RIGHT NOW. I THINK THAT THERE IS JUST AS WAS ALSO MENTIONED, REALLY GOOD INTENT. BUT I DON'T BELIEVE AMBIGUOUS LANGUAGE IS THE WAY TO GO.

I THINK THAT WE NEED TO MAKE SURE THAT IT'S AS TIGHTENED AND BUTTONED UP AS POSSIBLE TO GIVE AS MUCH OF A LEAD TO SUCCESS FOR THESE SMALL BUSINESS OWNERS TO ACTUALLY COMPLY WITH WHAT IT IS THAT WE'RE EXPECTING.

APPRECIATE YOUR FEEDBACK, SIR.

ON THE PIECE ON SLIDE 9 THAT TALKS ABOUT SEATED ONLY IN AMBIENT ENTERTAINMENT.

WOULD THIS BE SAFE TO SAY THIS. THE EXAMPLE THAT I'VE GIVEN AND THAT I'M CONCERNED WITH, LIKE A MEXICAN RESTAURANT WITH THE MARIACHI BAND MAKING ITS WAY THROUGH THE DINING ROOM, THIS WOULD NOT BE APPLICABLE? WE WOULD CONSIDER THAT TO BE INCIDENTAL TO THE MAIN USE OF A RESTAURANT.

WHAT IF IN THAT INSTANCE, WE ARE CELEBRATING A BIRTHDAY AND THERE'S JUST SOME GOOD VIBES GOING ON AND THE FAMILY DECIDES TO GET UP AND DANCE A LITTLE BIT NEXT TO THE TABLE AND IT JUST HAPPENS TO BE AT THE TIME THAT YOU ALL WALKED INTO AN ESTABLISHMENT? YEAH, SO THANK YOU FOR THAT QUESTION, COUNCILMEMBER.

FOR THE RESTAURANT, FROM A CODE ENFORCEMENT PERSPECTIVE, WHEN WE GO OUT TO ENFORCE THE CITY CODE, WE HAVE TO LOOK AT THE OPERATIONAL CHARACTERISTICS HOLISTICALLY. AND FOR US, THE RESTAURANT USE IS DEFINED IN THE CITY CODE AS AN ESTABLISHMENT PRINCIPALLY USED FOR THE SERVICE AND CONSUMPTION OF FOOD.

AND SO WHEN WE GO INTO AN ESTABLISHMENT THAT HAS A RESTAURANT CERTIFICATE OF OCCUPANCY, WE'RE ASSESSING THE HOLISTIC OPERATIONAL CHARACTERISTICS TO SEE IF THEY FIT WITHIN THAT DEFINITION. AND IF THEY DO NOT, THEN WE WILL NOTIFY THE OWNERS AS SUCH AND PROVIDE RECOMMENDATIONS AS TO WHAT WE'RE SEEING AND WHAT THEY SHOULD POTENTIALLY DO TO COME INTO COMPLIANCE WITH THE CODE, EVEN IF THAT MEANS CHANGING THEIR CERTIFICATE OF OCCUPANCY TO SUPPORT A BROADER USE OR REEVALUATING THEIR LAND USE STATEMENT OR CLASSIFICATION.

OKAY, REGARDING WHEN THIS WOULD GO INTO EFFECT, IF THIS WERE TO COME TO A COUNCIL VOTE, THE INTENT IS, AS PRESENTED, WAS FOR A PILOT.

I THINK YOU'VE GOTTEN FEEDBACK THAT IT WOULD BE BETTER TO GO CITYWIDE. WHAT WOULD THE ROLLOUT LOOK LIKE? SO, THE PILOT WAS ONLY FOR THE SOUND PROVISION? OH, ONLY THE SOUND PIECE? YES, SIR. THE ENTERTAINMENT LICENSE WOULD ROLL OUT CITYWIDE AT THE SAME TIME.

OKAY. THEN I'M SORRY, I MISUNDERSTOOD THAT.

THE SOUND PROVISION SECTION, WE WANTED TO PILOT THAT TO DEEP ELLUM BECAUSE IT ALLOWS FOR LOUDER DECIBEL THRESHOLDS THAN, THAN THE CITY CODE CURRENTLY DOES.

AND SO THEY WOULD ACTUALLY HAVE THE ABILITY TO BE LOUDER IN DEEP ELLUM.

WE DIDN'T WANT TO ROLL THAT OUT CITYWIDE WITHOUT THE APPROPRIATE RESIDENTIAL STAKEHOLDER INPUT, BUY-IN, AND RESIDENTIAL ADJACENCY REVIEWS. DEEP ELLUM HAS ALREADY DONE THAT IN THE SOUND STUDY THAT WAS ALREADY COMPLETED.

AND SO THAT'S WHY WE DECIDED TO PILOT THE SOUND PORTION IN DEEP ELLUM ONLY. BUT THE LICENSE ITSELF WOULD ROLL OUT CITYWIDE AT THE SAME TIME.

THIS IS WHY I WANT TO JUST REEMPHASIZE HOW I BELIEVE WE SHOULD BE ESTABLISHING ENTERTAINMENT DISTRICTS.

I THINK THAT PLANNING AND DESIGN SHOULD REALLY BE AN INTEGRAL PART TO THIS CONVERSATION. WE'RE PIECEMEALING OUT CITY POLICY ACROSS DIFFERENT NEIGHBORHOODS, AND IT'S NOT SOMETHING THAT IS EQUALLY GOING TO BE APPLICABLE. I DON'T THINK THAT THAT'S A GOOD OR SMART PRACTICE.

I THINK IT'S GIVING SOME STAKEHOLDERS WHO AGAIN HAVE GOOD RELATIONSHIP WITH THE CITY AND WHO HAVE BEEN ABLE TO TAKE THE TIME TO BE A PART OF THIS CONVERSATION A MUCH BIGGER ADVANTAGE THAN OTHERS WHO ARE JUST FOCUSING ON RUNNING THEIR SMALL BUSINESSES AND HAVEN'T BEEN A PART OF THIS CONVERSATION. I'D LIKE TO SEE THAT THE ROLLOUT IS DONE SO IN A STAGGERED EFFECT THAT WE'VE DONE WHEN WE HAVE HAD VERY CONSEQUENTIAL POLICIES

[01:25:01]

IMPLEMENTED IN THE CITY IN THE PAST TO MAKE SURE THAT THERE'S MINIMAL IMPACT TO RESTAURANT OWNERS, THAT WE KNOW THAT WE'RE NOT GOING TO HAVE ANY SURPRISES, ANY OPPORTUNITY FOR PEOPLE TO FEEL THAT THEY DIDN'T KNOW, OR FOR THAT TO EVEN BE A DEFENSE. AND IF IT WOULD BE AN IMMEDIATE ROLLOUT AT THE PASSAGE INSTEAD OF A STAGGERED APPROACH TO ACTUAL ENFORCEMENT, I THINK THAT THAT WOULD BE DONE HAPHAZARD AS WELL.

I THINK THAT WE HAVE A BIGGER RESPONSIBILITY TO EDUCATE THE PUBLIC AND THE INDUSTRY.

WE HAVE MORE RESTAURANTS PER CAPITA THAN ANY CITY IN THE ENTIRE COUNTRY. THIS IS AN INDUSTRY THAT IS HUGE TO THE BACKBONE OF OUR ECONOMY.

THE LAST THING I WANT TO DO IS ADD IN A MORE BURDENSOME PROCESS THAT ALREADY MAKES AN INDUSTRY FEEL LIKE THEY HAVE TO GO THROUGH THE WRINGER JUST TO OPERATE THEIR BUSINESSES.

AND SO LET'S MAKE THIS VERY THOUGHTFUL IS ALL I'M ASKING. I DON'T BELIEVE A RUSHED PROCESS WITH POLICY TO THIS MAGNITUDE IS BEING DONE IN THE RIGHT WAY.

I THINK THAT IT SHOULD BE SLOW ROLLED, AND I THINK IT SHOULD BE DONE WITH THOUGHT AND HOLDING THE HANDS OF THE INDUSTRY TO MAKE SURE THAT WE'RE DOING THIS TOGETHER. I DON'T NECESSARILY FEEL THAT THAT'S WHAT THIS IS PRESENTING US IF THERE'S A PASSAGE OF SOMETHING TO THIS MAGNITUDE IN SUCH A SHORT TIME PERIOD ON THE 24TH.

THANK YOU FOR THOSE COMMENTS, COUNCILMEMBER.

THANK YOU. AND AGAIN, WE HAVE THAT DECISION BEFORE US TODAY AS TO WHETHER OR NOT WE WANT TO MOVE THIS FORWARD. I DO WANT TO OPEN IT UP.

I KNOW CHAIR MORENO, DEPUTY MAYOR PRO TEM MORENO, IS HERE, NOT ON THE COMMITTEE, BUT VERY MUCH IMPACTED BY THIS. SO I GIVE HIM AN OPPORTUNITY.

THANK YOU, CHAIR.

APPRECIATE IT. I WANT TO THANK THE STAFF FOR PRESENTING TODAY.

THERE'S A LOT MORE STAFF THAT'S BEEN INVOLVED THAN WHAT'S BEFORE US.

NIGHTLIFE AND HOSPITALITY, A THRIVING NIGHTLIFE AND HOSPITALITY IS CRITICAL NOT ONLY TO DISTRICT 2 BUT THE ENTIRE CITY. AS THE 9TH LARGEST CITY, WE MUST HAVE A THRIVING NIGHTLIFE ECONOMY, BUT THAT COMES WITH A SAFE NIGHTTIME ECONOMY.

AND SO I'M GLAD THAT YOU'VE BEEN WORKING WITH DFR AND DPD.

WE HAVE A LOT OF RESTAURATEURS, A LOT OF CLUB OWNERS, A LOT OF BAR OWNERS THAT HAVE GOOD INTENT.

MOST OF THEM ARE OPERATING THE WAY THEY SHOULD BE.

NOW, THERE IS SOME THAT WE HAVE TO DO BETTER ON THE EDUCATION AND SETTING THE EXPECTATIONS AND THE PREDICTABILITY SO THAT WE CAN HAVE RESPONSIBLE OPERATORS.

MOST BAR OWNERS AND CLUB OWNERS AND RESTAURANTS JUST WANT TO KNOW WHAT THE RULES ARE.

AND SO WE HAVE TO LAY THAT OUT. WE KNOW THAT WE HAVEN'T BEEN DOING SOME OF THE ENFORCEMENT THAT WE SHOULD HAVE BEEN DOING FOR YEARS.

BUT JUST BECAUSE WE HAVEN'T ENFORCED SOMETHING DOESN'T MEAN IT'S NOT AN ORDINANCE.

BECAUSE YOU RUN THROUGH A RED LIGHT AND DON'T GET CAUGHT DOESN'T MEAN THAT IT'S OKAY TO RUN A RED LIGHT. THERE'S STILL RULES AND BOUNDS TO BE SET.

I WANT TO MOVE CAUTIOUSLY WITH THE POTENTIALITY OF NOT MOVING FORWARD. WE LOOKED AT THE NOISE ORDINANCE THAT WE'VE BEEN WORKING IN DEEP ELLUM FOR 2, 3 YEARS NOW, IT SEEMS LIKE. THAT'S SLOW ROLLING.

THAT'S WHAT WE SHOULD NOT BE DOING. WE'RE GOING TO GO INTO THE SUMMERTIME.

DIRECTOR CHRIS CHRISTIAN, WHAT'S THE PEAK TIME IN DEEP ELLUM FOR INCIDENTS TO OCCUR? WE HAVE ENTERED PEAK SEASON FOR DEEP ELLUM AND THE MAJORITY OF THE ENTERTAINMENT AREAS IN THE CITY.

THIS IS NOT ABOUT FIFA. THIS IS ABOUT PROTECTING THE RESIDENTS OF OUR CITY AND MAKING SURE THAT WE ARE SUPPORTING THE BUSINESSES THAT ARE DOING RIGHT. A LOT OF THE RESTAURANTS THAT WE SEE CLOSING DOWN ARE CLOSING BECAUSE OF BAD ACTORS AND BAD OPERATORS WHILE THEY ARE ABLE TO THRIVE AND BENEFIT FINANCIALLY.

SO I WOULD ENCOURAGE THAT WE MOVE FORWARD WITH THIS. I THINK WE STILL HAVE A COUPLE OF WEEKS TO BE ABLE TO OR A WEEK AT LEAST TO BE ABLE TO CONTINUE IRONING OUT, WORKING WITH OUR STAKEHOLDERS. AND I'M EXCITED THAT THIS IS ROLLING OUT CITYWIDE.

I KNOW THAT SOME OF MY COLLEAGUES ARE LOOKING AT THE SAME THING. HEY, HOW CAN WE GET THIS DONE IN OUR PARTS OF THE CITY AS WELL? AND SO AGAIN, THAT GOES BACK TO HAVING CLEAR EXPECTATIONS, NOT JUST IN ONE AREA, NOT JUST IN ONE DISTRICT, BUT DISTRICTWIDE. AND WE'VE DONE THE WORK, WE'VE DONE THE HEAVY LIFTING.

WITH THE SOUND ORDINANCE, AND WE'RE, YOU KNOW, STILL WAITING ON THAT. AND SO, CAN SOMEONE TALK TO US? HOW LONG HAVE WE BEEN TALKING ABOUT THESE CHANGES? HOW LONG HAVE WE BEEN WORKING ON THE LANGUAGES AND THE ORDINANCE? WHEN DID WE START WORKING ON THIS?

[01:30:02]

SO THE TASK FORCE WAS FORMED IN OCTOBER, AND DRAFT ORDINANCE HAS BEEN UNDERWAY SINCE THAT TIME.

YOU KNOW, CITY ATTORNEY'S OFFICE DRAFTED AND WAS WORKING ON THIS AS A LIVING DOCUMENT.

AND SO AS WE'RE ROLLING THIS OUT, HAVE WE BEEN INFORMING ANY OPERATORS ABOUT THIS AGENDA ITEM AT QUALITY OF LIFE TODAY SO THAT THEY KNOW WHAT'S GOING ON? SO OUR TEAMS HAVE REMAINED IN TOUCH WITH TASK FORCE LEADERSHIP, SOME TASK FORCE MEMBERS, AND RECENTLY WE'VE BEEN ENGAGED WITH THE RESTAURANT ASSOCIATION RELATED TO THEIR RESPONSE TO THE BUILDING OFFICIAL'S MEMO, ETC.

OKAY, THE ONE CHANGE THAT I DID SEE, JUST NEED SOME CLARITY ON THE SOUND ORDINANCE SPECIFICALLY TO DEEP ELLUM HAS A THRESHOLD OR A CUTOFF AT 10 PM. IS THAT IN SYNC WITH THE DEEP ELLUM SOUND ORDINANCE OR THE RECOMMENDATIONS THAT WERE PUT FORWARD? WAS IT 10 P.M.

OR MIDNIGHT ON WHEN THE DECIBELS WOULD GO DOWN? I THINK THE 10 P.M. CUTOFF, COUNCILMEMBER IS ONLY REFLECTIVE OF THE OUTDOOR AMPLIFIED SOUND PROVISION. SO THAT WOULD BE PATIOS AND ROOFTOPS.

I BELIEVE, MARTINE, IS THAT CORRECT? THAT IS CORRECT.

OKAY. AGAIN, I JUST WANT TO THANK Y'ALL FOR THE WORK THAT Y'ALL HAVE DONE AND THE COMMUNICATION THAT Y'ALL HAVE KEPT.

AGAIN, WE DON'T WANT TO KILL NIGHTLIFE. WE DON'T WANT TO KILL RESTAURANTS. WE JUST WANT TO MAKE SURE THAT IT'S DONE IN A SAFE MANNER AND THAT IT'S DONE IN A WAY THAT THE OPERATORS KNOW EXACTLY WHAT WE'RE LOOKING FOR.

WE KNOW THAT WHEN PEOPLE ARE GOING DOWN TO GET THEIR PERMITS, THERE'S A CHECKLIST THAT'S ASKING THEM, WILL YOU BE OPEN PAST MIDNIGHT? WILL YOU HAVE A DANCE FLOOR? WILL YOU BE SERVING FOOD? THOSE CHECKLISTS ARE ALREADY DONE.

AND WE'RE JUST WANTING TO MAKE SURE THAT PEOPLE ARE IN COMPLIANCE, THAT PEOPLE ARE FOLLOWING THE RULES, GUYS. AND AT THE END OF THE DAY, IF WE DON'T MOVE FORWARD, WE'RE GOING INTO THE BUSIEST TIME OF ENTERTAINMENT, AND I DON'T WANT TO SEE ANOTHER LIFE TAKEN BECAUSE WE'RE SLOW ROLLING AN ORDINANCE.

AND SO THANK YOU GUYS SO MUCH, AND I HOPE THAT WE CAN CONTINUE IRONING THIS OUT AND MOVE IT TO FULL COUNCIL. THANK YOU.

COUNCILMEMBER GRACIE.

WAS THAT YOU? YEAH.

FOR WHAT PURPOSE? I HAVE A MOTION.

GIVE ME A SECOND, LET ME GET MY COMMENTS IN.

OH, I DIDN'T KNOW YOU WERE GOING TO START. MY BAD.

YEAH, SO THANK YOU AGAIN. THANK YOU ALL FOR YOUR COMMENTS AND YOUR CONCERNS.

I THINK THESE ARE ALL VERY LEGITIMATE CONCERNS. AS I GO THROUGH THE PRESENTATION, HAD SOME TIME TO THINK ABOUT IT AND LISTEN TO IT.

AGAIN, I THINK ONE OF THE THINGS THAT GAVE ME PAUSE AS WELL IS, IS THAT DIRECTOR DISCRETION, ONLY BECAUSE I DON'T KNOW THAT IT'S NECESSARY. I DON'T KNOW WHAT IT'S THERE FOR.

I GET THE I THINK THE INTENT BEHIND IT, BUT I THINK IF WE ALREADY HAVE SOME LANGUAGE IN PLACE AND WE ALREADY HAVE AND I'M THINKING WE'RE GOING TO USE SOME DATA TO KIND OF SUPPORT SOME OF THESE THINGS. AGAIN, IF YOU HAVE MULTIPLE CALLS, I THINK YOU SAID IT WAS UP TO 3 REPORTS OR 3 INCIDENCES OR SOMETHING LIKE THAT.

WHAT IS THE NOTICE OF VIOLATIONS OR CITATIONS ISSUED WITHIN A PERIOD OF TIME? YEAH.

SO THAT JUST GIVES EVERYONE, AGAIN, WHEN WE'RE TRYING TO REBUILD TRUST IN LOCAL GOVERNMENT, THAT TYPE OF LANGUAGE GIVES EVERYONE PAUSE. SO I WOULD BE AGAINST REMOVING THAT LANGUAGE OUT OF THERE FOR THAT REASON. I DID HAVE A QUESTION ABOUT THE SURVEILLANCE CAMERAS.

I KNOW DPD, IS THERE AN OPPORTUNITY TO CREATE INCENTIVES IF THEY ARE...

FOR RESIDENTIAL, THE RESIDENTS HAVE THE ABILITY TO CONNECT THEIR CAMERAS TO DPD'S CAMERA SYSTEM AND THINGS LIKE THAT. IS THERE AN OPPORTUNITY FOR INCENTIVES IF THE RESTAURANTS CONNECT THEIR CAMERAS TO THE DPD SYSTEM, OR DO THEY EVEN HAVE THAT ABILITY FIRST? AND THEN ARE THERE INCENTIVES ASSOCIATED WITH THAT? CHAIR, I WOULD NOT WANT TO COMMENT ON THAT. I WOULD DEFINITELY DEFER THAT QUESTION TO DPD. BUT TO REFERENCE THE DIRECTOR DISCRETION, THAT ONLY APPLIES TO THE SOUND VARIANCE REQUEST.

I GET IT.

YEAH, SURE.

OKAY, IT'S NOT YOU, BROTHER.

IT'S A PROMISE.

IT'S MARTIN'S DECISION, IT'S NOT MINE.

SAME THING. SO, BUT NO, I THINK FOR THE SAKE OF PUBLIC TRUST, I THINK THAT JUST GIVES EVERYBODY PAUSE ON THAT. SO I DO WANT

[01:35:01]

TO LOOK INTO THAT, THOUGH.

IF THAT IS AN OPPORTUNITY FOR THE BUSINESSES TO CONNECT TO THE DPD AND IT CREATES SOME INCENTIVES, I THINK THAT'S EVEN MORE REASON TO CREATE THAT SAFETY THAT WE'RE TALKING ABOUT FROM THERE AND PERHAPS, I DON'T KNOW, MAYBE CREATE SOME OTHER INCENTIVES FOR THAT OR...

NOTED. WE'LL TAKE THAT BACK, CHAIR.

THANK YOU. LET'S SEE. I'LL GET TO THIS APPEAL PROCESS IN A SECOND.

AT THIS POINT, BECAUSE, YOU KNOW, AND I THINK IT'S NOT A SECRET, I'VE BEEN GETTING CONTACTED. I'M SURE SOME OTHER FOLKS HAVE BEEN GETTING CONTACTED ABOUT RESTAURANTS RECEIVING VIOLATIONS. AND I GUESS THE PART THAT I WAS REALLY INTERESTED IN TRYING TO GET THE CLARITY. IS THE WORK THAT THE TASK FORCE IS DOING VERSUS THE NEW ENFORCEMENT OR THE ENFORCEMENT THAT CODE COMPLIANCE IS DOING NOW SO THAT ANY VIOLATIONS THAT MAY HAVE BEEN ISSUED, I'M TRYING TO MAKE SURE THAT THEY'RE NOT A RESULT OF THIS, OR ARE THEY? AND IF THEY ARE, WHERE IS THE EDUCATION FITTING INTO ALL OF THIS PROCESS? THANK YOU FOR THAT QUESTION.

CHAIR GRACIE, I THINK BECAUSE WE WERE DOING 3 THINGS AT ONE TIME, FOLKS BEGAN TO CONFLATE THE ISSUES. WHAT CODE COMPLIANCE IS DOING AROUND RESTAURANT ENFORCEMENT RIGHT NOW DOES NOT REQUIRE ANYTHING, ANY CHANGES WITH THIS LICENSE. WE ALREADY HAVE THE CODE TO ENFORCE RESTAURANTS WHO ARE OPERATING MORE LIKE A COMMERCIAL AMUSEMENT INSIDE, OUTSIDE A DANCE HALL WITHOUT PERMITS OR WITHOUT THE APPROPRIATE SUP TO DO WHAT THEY'RE DOING IN THEIR ZONING.

AS I SAID EARLIER, WHEN WE GO OUT AND ASSESS A LOCATION, WE'RE LOOKING AT THE DEFINED DEFINITION IN OUR CODE OF A RESTAURANT, IN OUR CURRENT DEVELOPMENT CODE, OF AN ESTABLISHMENT PRINCIPALLY USED FOR THE SERVICE AND CONSUMPTION OF FOOD. AND SO WHEN WE WALK INTO A RESTAURANT ESTABLISHMENT AND THERE'S 350 PEOPLE DANCING IN THE WHOLE VENUE WITH PYROTECHNIC LIGHTS AND A DJ, AND THERE'S NOT A SINGLE PERSON SITTING DOWN EATING ANY FOOD, THEN WE HAVE WHAT WE NEED AT THAT POINT TO START CONDUCTING ENFORCEMENT BASED ON EXISTING CODE THAT HAS NOTHING TO DO WITH THIS. AND IN ADDITION TO THAT, WE ALSO HAVE THE ABILITY TO SUBMIT A REVOCATION REQUEST TO OUR BUILDING OFFICIAL BASED ON OUR BODY CAM FOOTAGE, OUR OPS, OUR OFFICERS' OBSERVATIONS OF WHAT WE HAVE OBSERVED AT AN ESTABLISHMENT.

THE EDUCATION STARTED WITH OUR NOTICE OF VIOLATION, AS IT ALWAYS DOES. WE ISSUE A NOTICE OF VIOLATION FIRST.

WE LET THE ESTABLISHMENT KNOW WHAT THEY'RE DOING THAT THEY SHOULDN'T BE DOING.

WE GIVE THEM A PERIOD OF TIME TO COMPLY. IF THEY SO CHOOSE TO CONTINUE TO OPERATE IN THAT MANNER AFTER NOTICE, THEN WE ESCALATE TO CITATIONS. WE CAN ESCALATE TO HMP, CITY ATTORNEY'S OFFICE LITIGATION, OR CO REVOCATION.

AND THAT'S WHAT WE'RE DOING NOW, TOTALLY OUTSIDE OF THIS ENTERTAINMENT LICENSE.

OKAY. AND THEN SO TALK TO ME ABOUT THE CO, THE REVOCATION PROCESS ONCE THEY GET THAT.

I UNDERSTAND IF THEY GET THEIR CO REVOKED, THEY CAN STILL OPERATE AS THE PRIMARY BUSINESS.

FOR EXAMPLE, IF THEY'RE A RESTAURANT AND THEN THEY SWITCH TO THE CLUB AT 10 O'CLOCK, THEY CAN STILL OPERATE AS THAT RESTAURANT.

IS THAT A TRUE STATEMENT? THAT IS CORRECT, CHAIR GRACIE.

WELL, ONCE THEIR CO IS REVOKED, THEY HAVE THE ABILITY TO APPEAL. IF THEY APPEAL THE REVOCATION, THEN THAT PRETTY MUCH STAYS THE ENFORCEMENT UNTIL A DETERMINATION IS MADE BY THE BOARD OF ADJUSTMENTS ON THE REVOCATION. OUR BUILDING OFFICIAL, SAM, ACTUALLY REVOKES THE COS, SO I WOULD REALLY DEFER QUESTIONS AROUND REVOCATION AND THAT PROCESS TO SAM.

FAIR ENOUGH.

AND I GUESS REALLY WHAT I'M TRYING TO GET TO IS IT DOESN'T... IF THE CO IS REVOKED, DO THEY HAVE TO SHUT THE DOORS? THEY DO NOT, BUT THEY DO HAVE TO OPERATE CONSISTENT WITH THEIR APPROVED USE.

THAT'S WHAT I'M TRYING TO GET TO. OKAY.

SO THAT'S THE OTHER CLARITY THAT I'M TRYING TO GET TO, IS THAT THE CO REVOCATION DOESN'T STOP THEM FROM OPERATING FROM THEIR ORIGINAL APPLICATION, WHICH IN THIS CASE, WE'LL JUST USE A RESTAURANT.

YOU CAN STILL OPERATE AS A RESTAURANT. YOU JUST CAN'T DO ALL OF THE AFTER-HOURS STUFF.

THAT'S CORRECT.

I MEAN, BEING A RESTAURANT DOESN'T, DOESN'T MEAN YOU CAN'T BE OPEN AFTER HOURS EITHER.

BUT IT DOES MEAN YOU CAN'T HAVE 300 PEOPLE DANCING WITH PYROTECHNICS AND A DJ AND BOTTLE SERVICE. AND, YOU KNOW, I UNDERSTAND YOU'RE NO LONGER A RESTAURANT AS FAR AS WE'RE CONCERNED FROM A COMPLIANCE STANDPOINT.

LISTEN, I RECOGNIZE MY AGE WHEN I WAS OUT AT A SPOT AND IT SHALL REMAIN NAMELESS.

BUT WE WAS HAVING A GOOD TIME, AND I LOOKED UP AND IT WAS A PARTY AROUND US, AND WE DIDN'T KNOW. SO, YEAH, NOT MY CROWD. BUT ANYWAY, NO, SO I DO UNDERSTAND THESE MODELS THAT CONTINUE TO EVOLVE.

I JUST WANT TO MAKE SURE THAT THEY DON'T SHUT DOWN.

CHAIR GRACE, I JUST WANT TO CLARIFY. WHEN THE CO IS REVOKED, THEY CANNOT OPERATE

[01:40:01]

UNLESS THEY APPEAL THE DECISION.

WHEN THEY APPEAL THE DECISION, THEY THEN CAN START BACK OPERATING UNDER THEIR APPROVED USE, BUT WITHOUT A CERTIFICATE OF OCCUPANCY, NO BUSINESS CAN OPERATE.

THAT'S WHAT I WAS TRYING TO GET TO. SO, AND THEN DURING THAT APPEAL PROCESS, THEY CAN OPERATE UNDER THEIR APPROVED USE, BUT THEY HAVE TO APPEAL.

MEANING I GET SHUT DOWN, I GET MY CO REVOKED TOMORROW, I APPEAL, I CAN OPERATE UNDER YOUR APPROVED USE AFTER I SUBMIT MY APPEAL.

I DON'T HAVE TO WAIT FOR A DECISION OR ANY OF THAT? THAT'S CORRECT.

THAT'S WHAT I'M TRYING TO GET.

THAT'S CORRECT. PERFECT.

THANK YOU FOR THAT PIECE.

AND THEN THE LICENSING APPEAL BOARD, JUST SIDE NOTE THERE, Y'ALL MAY WANT TO COME BACK, ATTORNEYS, JUST ON THAT.

IS THAT BOARD FULLY APPOINTED? FIRST AND FOREMOST, I KNOW THAT'S A RANDOM QUESTION, BUT I'M GETTING TO IT.

IF IT'S NOT, I DO WANT TO KNOW THE ANSWER TO THAT, BECAUSE IF IT'S NOT ONE, I WANT TO LEARN HOW AND I BELIEVE THAT'S THE CITY MANAGER, ONE OF THOSE.

CHAIR GRACIE, WE ARE NOT 100% SURE. WE COULD SEND THAT OUT IN A FRIDAY MEMO AS A RESPONSE TO THIS.

I WOULD APPRECIATE THAT. AND THE REASON BEING IS BECAUSE, AGAIN, I WANT TO KNOW IF PEOPLE, IF SMALL BUSINESSES AND THINGS LIKE THAT HAVE TO SUBJECT THEMSELVES TO THIS APPEAL BOARD, THEY NEED TO KNOW WHO IT IS, HOW TO GET INVOLVED, WHO'S REPRESENTING IT, AND ARE ALL OF THOSE POSITIONS APPOINTED.

AND IF IT'S ONE OF THOSE WHERE WE NEED TO MAKE SURE WE HAVE... I DON'T THINK IT IS, BUT IF IT'S ONE OF THOSE WHERE WE NEED TO MAKE SURE WE HAVE REPRESENTATION, I WANT TO MAKE SURE THAT WE ALL HAVE SOMEBODY APPOINTED ON THAT BOARD FROM THERE.

SO IF YOU CAN INCLUDE THAT IN THAT MEMO, I WOULD APPRECIATE THAT.

NOTED.

AND I THINK I'M GOOD HERE. THE LAST THING I DO WANT TO TALK ABOUT IS, AGAIN, THIS IS A BIG DECISION, AND WITHOUT THAT ORDINANCE, IT DOES MAKE IT COMPLICATED.

BUT I DO UNDERSTAND THE INTENT BEHIND THIS WHICH IS WHY WE'RE HERE TODAY, AND I WANT US TO BE ABLE TO MAKE THAT DECISION OF WHETHER OR NOT WE WANT TO MOVE THIS FORWARD TO FULL COUNCIL AND WAIT FOR THE... I THINK YOU SAID THE ORDINANCE WOULD COME WHEN? ON FRIDAY THIS WEEK? IN A FEW MINUTES. ACM LIZ IS SENDING IT FORWARD.

OKAY, I BELIEVE THE ORDINANCE IS BEING SHARED RIGHT NOW.

OKAY, ALL RIGHT, SO WE NOW HAVE THE ORDINANCE IN OUR HANDS. WE HAVE NOT HAD A CHANCE TO REVIEW IT THERE, BUT I DO WANT TO GIVE US AN OPPORTUNITY TO MAKE A DECISION ON THIS ON HOW TO MOVE FORWARD WITH THIS.

I'M TRYING TO MAKE SURE I GOT ALL OF MY QUESTIONS? YEP. OKAY, SO, AT THIS POINT, I DO WANT TO OPEN IT UP AND ACCEPT THE MOTION AT THIS TIME.

CHAIR GRACIE, I MOVE TO BRING THIS BACK TO THE QUALITY OF LIFE IN AUGUST.

ALL RIGHT, A MOTION HAS BEEN MADE. DO I HAVE A SECOND? MOTION HAS BEEN MADE AND PROPERLY SECONDED TO BRING THIS BACK TO QUALITY OF LIFE IN AUGUST.

ALL IN FAVOR? I HAVE DISCUSSION.

I'M SORRY, YES, DISCUSSION.

YEAH, I WOULD JUST LIKE TO DISCUSS. I'VE ACTUALLY ALSO HEARD FROM TASK FORCE MEMBERS AS WELL.

I JUST WANT TO MAKE SURE BECAUSE OF THE WORK THAT YOU ALL HAVE PUT IN. DO Y'ALL BELIEVE THAT THIS SHOULD BE VOTED ON NEXT WEEK, OR ARE Y'ALL THINKING THAT WE NEED SOME TIME TO IRON OUT SOME OF THE DETAILS TO MAKE SURE THAT WE CAN GET THIS DONE RIGHT WITH THE QUESTIONS THAT WE'VE HEARD RAISED TODAY, AND THEN ALSO THE CONCERNS THAT HAVE BEEN RAISED BY THE TASK FORCE? GOOD MORNING, COUNCILMEMBERS.

GOOD MORNING.

CHAIR GRACIE. APPRECIATE YOU HEARING FROM ME. AFTER LISTENING TO THE DISCUSSION THIS MORNING AND SOME OF THE CONCERNS FROM THE TASK FORCE THAT THERE WERE SOME CHANGES MADE THAT WE WERE NOT AWARE OF UNTIL THIS MORNING, THAT YES, I WOULD, I WOULD PREFER FOR IT BE MOVED TO AUGUST.

SOUNDS LIKE THERE'S MORE WORK TO BE DONE.

THANK YOU. AND THANK Y'ALL AGAIN FOR Y'ALL'S WORK AND BEING WILLING TO CONTINUE TO ROLL YOUR SLEEVES UP TO WORK THROUGH THOSE ISSUES.

FOR THAT, I THINK THAT WE'VE HEARD CONCERNS RAISED FROM THIS BODY.

IN ADDITION, WE'VE ASKED FOR A GROUP OF VOLUNTEERS FROM THE INDUSTRY AND STAKEHOLDERS TO WORK DILIGENTLY TO PROVIDE US WITH SOMETHING.

I DON'T BELIEVE THAT WITH WHAT WE'VE HEARD HERE OR HEARING FROM THE OUTSIDE THAT

[01:45:01]

THERE'S A CLEAR CONSENSUS THAT THIS IS IN ANY WAY READY TO MOVE FOR A FINAL VOTE NEXT WEEK AND THINK THAT WE HAVE SOME THINGS TO IRON OUT AND WORK OUT. AND ESPECIALLY WITH THE LUXURY OF HAVING RECESS, IT GIVES THE TASK FORCE AND STAKEHOLDERS ALIKE. I'VE ALSO HEARD FROM THE RESTAURANT ASSOCIATION SPECIFICALLY WHILE WE'VE BEEN HAVING THIS DISCUSSION TODAY AS WELL.

IT SOUNDS TO ME LIKE THERE ARE MULTIPLE LAYERS OF STAKEHOLDERS WHO DON'T FEEL THAT THIS IS READY FOR A VOTE NEXT WEEK. AND FOR THAT REASON, I WOULD HOPE THAT WE WOULD BE WILLING TO PUSH THIS TO AUGUST, IRON IT ALL OUT, AND MAKE SURE THAT THAT FINAL VOTE IS SOMETHING THAT WE ALL CAN LIVE WITH AND, AND THAT THE INDUSTRY IS PREPARED FOR.

THANK YOU, MR. CHAIR. ANY OTHER COMMENTS? YES. I WOULD JUST LIKE TO ASK, WHENEVER WE HAVE A NEW ORDINANCE COMING FORWARD THAT IT IS, YOU KNOW, INCLUDED WITH PRESENTATIONS.

I THINK THAT'S SO IMPORTANT.

AND THEN, YOU KNOW, IN TERMS OF ENTERTAINMENT DISTRICTS, I THINK SOMEBODY MADE A COMMENT ABOUT THAT. I DON'T HAVE AN ENTERTAINMENT DISTRICT IN 6 RIGHT NOW, OR IT HASN'T REALLY BEEN CONSIDERED, BUT WE'RE STILL HAVING SOME OF THE SAME ISSUES I THINK THAT SOME OF THE OTHER AREAS ARE HAVING.

AND I WOULD LIKE TO ALSO DISTRICT 6 WAS INVOLVED IN THIS CONVERSATION.

DAMANI DANIEL IS ON THERE, AND WE HAVE GOTTEN INPUT FROM OUR DISTRICT AS WELL. I THINK I SEE TERRY, WHO MAYBE REPRESENTS DISTRICT 1 THERE.

SO I THINK SOME OF THE AREAS WHERE WE ARE HAVING A LOT OF ISSUES WITH THIS HAS BEEN A PART OF THIS TASK FORCE, AND THEY HAVE BEEN GREAT WITH PROVIDING FEEDBACK.

BUT, YOU KNOW, DEFINITELY THERE ARE STILL SOME QUESTIONS. I THINK, YOU KNOW, I WOULD LIKE TO KNOW MAYBE WHY THE TIERS WERE REMOVED MAYBE FROM THE ORIGINAL PRESENTATION THAT WE HAD.

I THINK THAT WAS A RECOMMENDATION OF THE TASK FORCE. THANK YOU FOR THE QUESTION, COUNCILWOMAN. AS NOTED, WHEN STAFF RECEIVED THE RECOMMENDATIONS FORWARD, WE HAD TO COLLABORATE AND DETERMINE WHAT'S FEASIBLE, WHAT'S ENFORCEABLE, ETC., AND SOME OF THAT LED TO A STREAMLINING OF SOME OF THE INFORMATION THAT WAS PRESENTED FORWARD FROM THE TASK FORCE. AND SO YOU WOULD NOTE THAT REMOVAL OF THAT PARTICULAR TIERED SYSTEM AS A MEANS TO DEMONSTRATE WHAT'S ENFORCEABLE ON THE ENFORCEMENT SIDE.

YEAH, BY OUR PUBLIC SAFETY OFFICIALS AND OUR CODE DEPARTMENT.

THANK YOU. OKAY, WELL, I WOULD LIKE TO ECHO, I MEAN, WE NEED TO HAVE A GREAT NIGHTLIFE. I'VE GONE TO OTHER CITIES, AND I THINK IT'S IMPORTANT THAT WE KEEP OUR RESIDENTS HAPPY AND OUR BUSINESSES THRIVING, AND I THINK THEY CAN ALL LIVE TOGETHER.

BUT DEFINITELY, YOU KNOW, THERE ARE SOME RESTAURANTS THAT ARE NOT MAYBE WHERE THERE ARE SOME ISSUES, RIGHT? AND MAYBE THEY ARE NOT AS MUCH A RESTAURANT AS SOMETHING ELSE. SO I KNOW FOR THOSE DISTRICTS OF US THAT HAVE THOSE ISSUES, IT IS DEFINITELY A PROBLEM.

SO I THINK WE NEED TO KEEP WORKING ON THIS AND KEEP MOVING ALONG.

WERE YOU GOING TO SAY SOMETHING ELSE? I WASN'T SURE. OKAY. THANK YOU.

ANY COMMENTS? CHAIR WEST.

THANK YOU. APPRECIATE THE COMMENTS OF MY COLLEAGUES.

I DON'T LOVE THE IDEA OF CONTINUING TO DELAY THIS. I'M GOING TO SUPPORT IT. BUT THIS PROCESS HAS NOT BEEN RUSHED.

THIS WAS STARTED BACK IN OCTOBER, YOU KNOW, AND NOW IT'S GOING TO BE ALMOST A YEAR BY THE TIME WELL, THE TASK FORCE WAS FORMED THEN, AND NOW IT'S GOING TO BE ALMOST A YEAR BY THE TIME WE GET THIS ORDINANCE OUT, BY THE TIME WE FINALLY VOTE ON IT. AND I JUST THINK THERE'S BEEN A DISCONNECT, AT LEAST HERE TOWARDS THE END, ESPECIALLY WITH STAFF AND THE TASK FORCE. AND THAT'S FRUSTRATING TO ME.

YOU KNOW, THIS ENDEAVOR WAS INITIATED IN THE SPIRIT OF COLLABORATION TO ENABLE GOOD OPERATORS TO BE SUCCESSFUL AND TO PUNISH THE BAD GUYS. AND THAT WAS THE WHOLE POINT OF THIS. EVEN MS. TOLBERT AT OUR LAUNCH OF THIS SAID THIS WAS ALL ABOUT COLLABORATION. AND I FEEL LIKE THAT HAS NOT BEEN I MEAN, CLEARLY IT HADN'T HAPPENED TODAY AT LEAST AT THE END. AND SO MOVING FORWARD THROUGH THE SUMMER, I REALLY EXPECT TO SEE THE TASK FORCE AND STAFF IRON THROUGH THE FINAL DETAILS.

AND IF THERE IS SOMETHING SMALL AT THE END THAT THEY DISAGREE ON, THAT IS FINE.

WE CAN HELP IRON THAT OUT.

BUT WHEN I HEAR THAT THE TASK FORCE JUST TODAY IS LEARNING ABOUT THE TIERS BEING REMOVED, I MEAN, THAT'S THE KIND OF STUFF I DON'T LIKE TO PERSONALLY HEAR.

SO THAT'S JUST MY FEEDBACK GOING FORWARD. THANK YOU.

I DO WANT TO ECHO THAT.

I WAS PREPARED TO MOVE FORWARD WITH THIS ITEM TODAY TO MOVE IT FORWARD TO FULL COUNCIL BUT LIKE YOU ALL. AGAIN, MY PET PEEVE, I WILL FIGHT, FIGHT, FIGHT, FIGHT, FIGHT TO RESTORE AND ENSURE LOCAL GOVERNMENT TRUST IS MAINTAINED ACROSS THE BOARD, WHETHER THAT'S CITY STAFF, AND THAT'S NOT POINTING A

[01:50:02]

FINGER AT ANYBODY, BUT THAT MATTERS TODAY. IT ABSOLUTELY MATTERS.

AND I WANT US TO MAKE SURE THAT WE'RE RESTORING IT. AND I CAN'T IN GOOD FAITH KNOWING THAT WE PUT THESE TASK FORCES TOGETHER AND THEY WEREN'T AWARE AND THERE WASN'T ANY COMMUNICATION FROM THAT SIDE WHO ARE REPRESENTING THESE BUSINESSES, I CAN'T IN GOOD FAITH MOVE THIS FORWARD FROM THERE. SO I WILL BE SUPPORTING THIS MOTION.

BUT I ALSO WANT TO BE CLEAR ON OUR WORDING, TOO, BECAUSE AGAIN, THE STAFF, YOU ALL DO A TREMENDOUS AMOUNT OF WORK NONSTOP, AND IT DOESN'T STOP. IT IS CONSTANT. THE TASK FORCE, YOU ALL HAVE BEEN WORKING CONSTANTLY TO ADDRESS THIS, AND THESE ARE ALL ISSUES THAT WE KNOW HAVE BEEN CONCERNS THROUGHOUT THE CITY AND DIFFERENT AREAS OF THE DEEP ELLUM, LOWER GREENVILLE, BISHPARKS, ALL OF THESE DIFFERENT AREAS, WE KNOW THAT THERE ARE CONCERNS.

WE KNOW THAT WE'RE MOVING IN THE RIGHT DIRECTION. SO, I DON'T WANT TO DISCOUNT THIS OR PHRASE THIS AS IF ANYTHING WAS BEING RUSHED.

I DON'T WANT TO PHRASE THIS EVEN IN THIS NOTE THAT IT WAS A NEGATIVE THING FROM A COMMUNICATION PERSPECTIVE. I THINK THIS IS VERY IMPORTANT AND IT'S SIGNIFICANT TO THE FUTURE OF THE CITY, JUST LIKE ALL OF THE OTHER DECISIONS THAT WE'RE MAKING HERE. SO I DO WANT TO SLOW THIS DOWN TO MAKE SURE THAT WE ARE COLLABORATING THE ENTIRE WAY.

SO WITH THAT, I WILL BE SUPPORTING THIS MOTION.

SO, WITHOUT FURTHER ADO, ALL IN FAVOR OF SUPPORTING THE MOTION TO BRING THIS BACK TO COMMITTEE IN AUGUST, PLEASE NOTE BY SAYING AYE.

AYE.

ANY OPPOSED? ALL OPPOSED.

ALL RIGHT, LOOK LIKE IT'S MY BRAIN JUST WENT LEFT. LOOKS LIKE THE ITEM HAS PASSED AND WE WILL BE BRINGING THIS BACK IN AUGUST, SO PLEASE JUST CONTINUE TO WORK WITH THE TASK FORCE SO WE CAN MOVE THIS FORWARD.

ALL RIGHT, THANK YOU. WE SPENT A SIGNIFICANT AMOUNT OF TIME ON THAT. I DO WANT TO NOTE THAT WE'RE GOING TO MOVE ITEM B TO BRING THAT ONE BACK IN AUGUST AS WELL IN THE INTEREST OF TIME.

BUT I DO WANT TO SPEND SOME TIME TALKING THROUGH THE MAJESTIC THEATER AND EXPLORATION OF THE THIRD-PARTY AGREEMENT.

SO IF WE COULD KIND OF GIVE US THE SNAPSHOT OF THAT PRESENTATION SO WE COULD GET TO, TO SOME QUESTIONS.

ANYBODY HERE? THE TEAM IS COMING OUT.

IF YOU'LL GIVE US 2 MINUTES.

MR. CHAIR, IN THE INTEREST OF TIME, MAY I SUGGEST THAT WE SKIP THE HISTORICAL BACKGROUND AND START WITH SLIDE 8 OF THE PRESENTATION? ABSOLUTELY.

YES, MA'AM.

CHAIR GRACIE, ARE WE ACKNOWLEDGING CHAIR RIDLEY'S REQUEST TO BEGIN AT SLIDE 8? IF I MAY INTRODUCE OUR OFFICE OF ARTS AND CULTURE STAFF AGAIN, I'M MARTINE PHILIPPE. I SERVE AS DIRECTOR, AND I'M JOINED THIS MORNING BY MY ASSISTANT DIRECTORS ANNA HUBBLE PATANG AND GLENN AYERS, AND OUR SUPERINTENDENT OF FACILITIES RUSSELL DYER.

WITH THAT, WE'LL BEGIN WITH SLIDE EIGHT, OR WE'LL DEFER TO ACM. DID YOU WANT TO SHARE COMMENTS BEFORE? PLEASE.

THANK YOU, CHAIR.

LIZ GADEEL PEREIRA, ASSISTANT CITY MANAGER.

AND I'M JUST REALLY HERE TO OPEN THIS UP, CHAIR, SO THAT WE CAN SITUATE OURSELVES WITH WHERE WE ARE. THE OFFICE OF ARTS AND CULTURE TEAM IS GOING TO PROVIDE A BRIEF OVERVIEW TO THE COMMITTEE OF THE MAJESTIC THEATER'S CURRENT OPERATIONS AND THE EARLY-STAGE EXPLORATION OF POTENTIAL THIRD-PARTY PARTNERSHIP MODELS, AS THIS WAS COMMUNICATED IN THIS YEAR'S BUDGET THAT WE WOULD BE DOING SO.

AS YOU ALL KNOW, THE MAJESTIC REMAINS ONE OF DALLAS'S MOST HISTORIC AND ACTIVE CULTURAL VENUES, AND AT THE SAME TIME, OUR ONGOING MAINTENANCE AND LONG-TERM FACILITY NEEDS CONTINUE TO REQUIRE CITY SUPPORT. AND THAT'S WHY WE'RE HERE TODAY.

OUR GOAL IS TO OUTLINE SOME OF THE OPTIONS THAT ARE AVAILABLE REGARDING POTENTIAL THIRD-PARTY PARTNERSHIPS IN THE FORM OF A LEASE-ORIENTED AND/OR MANAGEMENT-ORIENTED STRUCTURES AND TO RECEIVE THAT FEEDBACK FROM THIS COMMITTEE TODAY.

SO WITH THAT, I WILL TURN IT OVER NOW TO OUR DIRECTOR, MARTINE PHILIPPE.

[01:55:03]

THANK YOU, COUNCILMEMBERS. AGAIN, RUSSELL DYER, SUPERINTENDENT OF CULTURAL VENUES FOR THE OFFICE OF ARTS AND CULTURE.

COULD YOU SPEAK MORE DIRECTLY INTO THE MIC? THANK YOU. CAN YOU HEAR ME? THERE WE GO.

I'LL START WITH SLIDE 8.

SO MANAGEMENT OVERVIEW OF A LITTLE BIT OF THE MORE RECENT HISTORY OF THE MAJESTIC THEATRE. SO DSM MANAGEMENT GROUP, OR DALLAS SUMMER MUSICALS MANAGEMENT, WAS MANAGED THE OPERATIONS OF THE MAJESTIC IN 1998 THROUGH 2010. AND THE CITY DID ISSUE AN RFP IN 2009 AFTER THEY WERE WORKING ON THE AGREEMENT WITH DALLAS SUMMER MINI SCHOOLS MANAGEMENT GROUP.

AND IN 2010, THEY DIDN'T QUITE COME TO AN AGREEMENT, SO THEY DECIDED TO MANAGE THE MAJESTIC THROUGH THE OFFICE OF ARTS AND CULTURE AT THE CONCLUSION OF DSM'S MANAGEMENT CONTRACT.

SLIDE 9. OKAY.

SO TODAY THE MAJESTIC THEATER IS MANAGED BY THE, OBVIOUSLY, OFFICE OF ARTS AND CULTURE. WE HAVE 6 FULL-TIME STAFF AND 16 PART-TIME USHER POSITIONS. THAT ARE PART OF THAT MANAGEMENT TEAM THAT, AGAIN, IS CITY-MANAGED.

WE HAVE THIRD-PARTY AGREEMENTS THAT ARE RESPONSIBLE FOR DOING THINGS LIKE SECURITY AND JANITORIAL, FOOD AND BEVERAGE, STAGEHANDS. AND CURRENTLY, ALSO, JUST TO NOTE THAT THE OAC ADMINISTRATIVE OFFICES ARE ALSO LOCATED IN THE MAJESTIC THEATRE IN A SORT OF SEPARATE PART OF THE AREA. NEXT SLIDE.

ALL RIGHT. MOVING ON TO THE OPERATIONS. CAN YOU HEAR ME? YES? OKAY.

SO MOVING ON TO THE OPERATIONS, THE MAJESTIC THEATERS HOST A BROAD...

PULL IT JUST A LITTLE BIT CLOSER.

I'M SORRY. CAN YOU HEAR ME? YEAH.

THANK YOU. SO THE MAJESTIC THEATERS HOST A WIDE VARIETY OF SHOWS THROUGHOUT THE YEAR, FEATURING LOCAL, NATIONAL, INTERNATIONAL ARTISTS, AS WELL AS PERFORMERS IN THE MUSIC, DANCE, THEATER, FILM, AND COMEDY, AS WELL AS ALSO PRIVATE RENTALS. THE MAJESTIC THEATER PROVIDES A PHYSICAL BOX OFFICE IN THE OUTER LOBBY AREA OF THE THEATER, AND THE STAFF AND THE TICKETING SERVICES ARE NOT PROVIDED BY THE CITY MAJESTIC THEATER.

ALL USERS OF THE VENUE OPERATE UNDER CONTRACTED FACILITY USE AGREEMENTS, AND WE HOLD ABOUT 130 IN THE FISCAL YEAR 2025, 132 SHOWS WERE HELD THERE THAT WERE TICKETED. THERE WAS ABOUT 12 ADDITIONAL NON-TICKETED SHOWS. THE ATTENDANCE TOTAL FOR THE FISCAL YEAR 2025 WAS 166,331.

YOU CAN MOVE ON TO THE NEXT SLIDE, PLEASE. OKAY, SO LOOKING AS FAR AS THE REVENUES AND THE EXPENSES OF THE MAJESTIC, YOU CAN SEE OVER FISCAL YEAR '23, '24, AND '25, THE REVENUE OF THE MAJESTIC HAS BEEN CLOSE TO ABOUT $2 MILLION AND THE OPERATING EXPENSES HAVE BEEN ABOUT THE SAME. HOWEVER, DUE TO THE MAINTENANCE AND THE CAPITAL EXPENSES, WE DO OPERATE AT A DEFICIT, AND WE DO HAVE A LOSS FOR THE MOST RECENT YEAR, FISCAL YEAR '25, ABOUT $669,000.

THEN NEXT SLIDE, PLEASE.

OKAY, SO THE CURRENT, SO LIKE I WAS SAYING, THE CURRENT OPERATIONS SUPPORT A SIGNIFICANT PORTION OF THE DIRECT OPERATING EXPENSES THROUGH THE EARNED REVENUE ACTIVITY. BUT ONCE YOU COUNT IN MAINTENANCE AND CAPITAL AND LONG-TERM FACILITIES COSTS, THE VENUE CONTINUES TO REQUIRE ONGOING CITY FINANCIAL SUPPORT, WHICH IS A BURDEN TO THE GENERAL FUND.

THE VENUE SERVES CIVIC, CULTURAL, PUBLIC PURPOSE OBJECTIVE, AND A FEE STUDY IS CURRENTLY BEING PURSUED TO EVALUATE POTENTIAL INCREASES FOR COST RECOVERY OPPORTUNITIES AS FAR AS THE PRICING OF THE MAJESTIC IS CONCERNED. AND THEN THE NEXT SLIDE, PLEASE. ALL RIGHT, THE 2024 BOND THAT IS FOR $8,344,274 INCLUDES THE REPAIRS THAT WILL FIX EXTERIOR WATER INFILTRATION MITIGATION AND WINDOW REPLACEMENT.

IT WOULD ALSO INCLUDE THE REPLACEMENT OF THE THEATER SEATING, THE ELEVATOR UPGRADES AND REPAIRS, AND INTERIOR ACCESSIBILITY ENHANCEMENTS, HVAC CONTROL, AND AS WELL AS ADDRESSING THE FACADE REPAIRS, WHICH INCLUDE THE WATER AND THE WATER FILTRATION. SO THE BOND OFFICE HAS STATED THAT THE MAJESTIC THEATER IS PROJECTED TO BEGIN THE REPAIRS IN FISCAL YEAR '27, AND FISCAL YEAR '28. AND WE

[02:00:02]

HAVE ALSO CONFIRMED THAT THERE ARE NO OTHER FUNDS AVAILABLE FOR THE MAJESTIC REPAIRS. THANK YOU.

MOVING FORWARD TO DISCUSS THE EXPLORATION OF THIRD-PARTY AGREEMENTS.

NEXT SLIDE.

SO, IN TERMS OF WHERE WE ARE, WE HAVE OUR STAFF WHO ARE CURRENTLY IN EXPLORATORY STAGES OF DETERMINING CONSIDERATIONS FOR POTENTIAL PUBLIC-PRIVATE PARTNERSHIPS TO SUPPORT THE FOLLOWING GOALS.

ESSENTIALLY, WE WANT TO SUPPORT SUSTAINABLE STEWARDSHIP OF THIS IMPORTANT HISTORICAL VENUE, FURTHER THE PROMOTION OF THE CULTURAL ARTS AND OTHER MUSICAL AND CULTURAL EVENTS THAT TAKE PLACE THERE AT THE MAJESTIC IN THE CITY CENTER, AND WE ALSO WANT REDUCE THE CITY'S CURRENT FINANCIAL BURDEN REGARDING THE STEWARDSHIP OF THAT FACILITY. NEXT SLIDE.

WE HAVE SOME POTENTIAL AGREEMENT CATEGORIES FOR YOUR CONSIDERATION AND REVIEW.

THE THIRD-PARTY AGREEMENT STRUCTURES, THAT CAN OBVIOUSLY VARY SIGNIFICANTLY BASED ON OPERATIONAL RESPONSIBILITY, FINANCIAL RISK, MAINTENANCE OBLIGATIONS, AND PUBLIC ACCESS. ACCESS REQUIREMENTS RELATED TO THE VENUE.

SOME INFORMAL DISCUSSIONS HAVE OCCURRED WITH ENTITIES THAT HAVE EXPRESSED INTEREST IN THE MAJESTIC, AND THE FOLLOWING ARE THE CONCEPTS THAT THE CITY MIGHT EXPLORE.

FIRST, WE HAVE A LEASE-ORIENTED AGREEMENT WHERE A THIRD PARTY ASSUMES PRIMARY RESPONSIBILITY FOR OPERATIONS AND FACILITY MAINTENANCE, UPKEEP OBLIGATIONS, ETC., IN EXCHANGE FOR USE AND REVENUE OPPORTUNITIES ASSOCIATED WITH THE VENUE.

SECONDLY, MANAGER-OPERATOR-ORIENTED AGREEMENT, WHERE A THIRD PARTY WOULD OPERATE AND PROGRAM THE VENUE ON BEHALF OF THE CITY, WHILE THE CITY, GENERALLY SPEAKING, RETAINS SIGNIFICANT FINANCIAL AND FACILITY RESPONSIBILITIES.

NEXT SLIDE. IT'S IMPORTANT TO NOTE, WITH REGARD TO THE LEASE-ORIENTED AGREEMENT.

THERE IS A GREATER OPERATIONAL RESPONSIBILITY THAT WOULD SHIFT TO THE LESSEE.

THERE'S A POTENTIAL OPPORTUNITY TO REDUCE THE CITY'S OPERATIONAL AND FACILITY-SPECIFIC BURDENS.

THIS TYPE OF AN AGREEMENT WOULD REQUIRE STRONG REVENUE-GENERATING CAPABILITY BY A POTENTIAL LESSEE, AND WE'VE LEARNED THAT IN TERMS OF EMBARKING ON ONE OF THESE TYPES OF LEASE ORIENTED AGREEMENTS, A LEASE AGREEMENT IS NOT SUBJECT TO COMPETITIVE BIDDING PROCUREMENT PROTOCOL.

NEXT SLIDE.

TO TAKE YOU THROUGH A COUPLE OF JUST COMPARISONS, ONE OF LEASE AGREEMENT STRENGTHS, YOU CAN SEE THAT, AGAIN, AS WAS MENTIONED, POTENTIAL TO REDUCE OPERATIONAL BURDENS AND OBLIGATIONS ON THE CITY. AND THEN ALSO, IT DOES ALLOW FOR THE POTENTIAL TO COLLECT RENT OR REVENUE FROM A LESSEE. AND A LESSEE AGREEMENT WOULD ALLOW FOR A MORE CLEAR PICTURE OF ACCOUNTABILITY, AS THE LESSEE WOULD BE FULLY RESPONSIBLE FOR THE FACILITY AND THE PROGRAMMING DURING THE LEASE TERM.

FOR THE LESSEE, THE AGREEMENT MAY PROVIDE A GREATER CONTROL OVER THE PROGRAMMING AND SCHEDULING AND OPERATIONS OF THE VENUE. AND AGAIN, INCREASED OPERATIONAL FLEXIBILITY MAY ALLOW FOR THEM TO HAVE EXPANDED REVENUE GENERATION AND STRATEGIC PARTNERSHIP OPPORTUNITIES. NEXT SLIDE, PLEASE.

AT THE SAME TIME, WE'D LIKE TO LAY OUT SOME CONCERNS. SO THE CITY, WITH A LEASE-ORIENTED TYPE OF AGREEMENT, THE CITY MAY HAVE MINIMAL OVERSIGHT INTO THOSE PROGRAMMING AND OPERATIONS WHEN IT'S A LEASE, SORT OF REDUCED OVERSIGHT FOR MAINTENANCE AND UPKEEP OF FACILITY IF PROVISIONS ARE NOT INCLUDED FOR THE OBLIGATION AND, YOU KNOW, ENFORCEMENT OF GENERAL AND CAPITAL MAINTENANCE, AND THE RISK OF LESSEE PRIORITIZING PROFIT OVER PUBLIC PURPOSE.

FOR THE LESSEE, SOME OF THOSE CONCERNS MIGHT BE INCREASED OPERATIONAL AND FINANCIAL RISK EXPOSURE, POTENTIAL FOR DEFERRED MAINTENANCE AND CAPITAL INVESTMENT OBLIGATIONS THAT THEY WOULD HAVE TO TAKE ON, AND THE NEED TO GENERATE SUFFICIENT REVENUE TO SUSTAIN OBLIGATIONS FOR FACILITY OPERATIONS.

NEXT SLIDE, PLEASE. IN THE MANAGEMENT-ORIENTED MANAGE AND OPERATOR-ORIENTED AGREEMENTS, SOME HIGH NOTES THERE. A THIRD PARTY WOULD, YOU KNOW, OPERATE THE VENUE ON BEHALF OF THE CITY.

THERE'S A POTENTIAL OPPORTUNITY TO REDUCE CITY OPERATIONAL BURDENS IN THIS,

[02:05:03]

BUT THE CITY GENERALLY IN THESE TYPES OF EXPERIENCE, IN THESE TYPES OF AGREEMENTS, WOULD RETAIN FAIRLY SIGNIFICANT FINANCIAL AND FACILITY OBLIGATIONS.

DEPENDING ON STRUCTURE, IT MAY INCREASE THE OVERALL COST EXPOSURE TO THE CITY. THAT WOULD BE IN THE FORM OF SOMETHING LIKE A MANAGEMENT AGREEMENT WHERE A FEE WAS PAID.

AND THESE TYPES OF AGREEMENTS ARE SUBJECT TO COMPETITIVE BIDDING. NEXT SLIDE, PLEASE. AGAIN, SOME OF THE STRENGTHS IN THIS TYPE OF AGREEMENT FOR THE CITY. THEY WOULD CONTINUE TO.

COULD, YOU KNOW, HAVE GREATER CONTROL OVER THE PROGRAMMING, THE OPERATIONS, AND THE PUBLIC PURPOSE, AND THEY'D HAVE GREATER CONTROL OVER THE BUILDING MAINTENANCE AND UPKEEP STANDARDS BECAUSE THEY WOULD BE VERY INVOLVED IN THOSE. FOR THE OPERATOR, THEY WOULD HAVE POTENTIALLY A LOWER FINANCIAL RISK AS OPPOSED TO SOMETHING LIKE A LEASE, AND THE OPERATOR ALSO MAY POTENTIALLY RECEIVE A PREDICTABLE AND STABLE SOURCE OF INCOME IF THEY GOT A MANAGEMENT FEE FROM THE CITY TO DO SO. AND WITH THE MANAGER-OPERATOR AGREEMENT, THERE ARE SOME CONCERNS ON THE CITY SIDE.

CITY WOULD OBVIOUSLY CONTINUE TO RETAIN THE FINANCIAL BURDENS AND THE OPERATIONS OF THE MAINTENANCE OF THE FACILITY. THE CITY MAY NEED TO PROVIDE GREATER OVERSIGHT OF THE OPERATIONS OF THE FACILITY EVEN IF THEY ARE TAKEN OVER BY OPERATOR IS RESULTING IN GREATER EXPENSE AND STAFF TIME AS OPPOSED TO A LEASE AGREEMENT.

ON THE OPERATOR SIDE, THE OPERATOR MAY HAVE MORE LIMITED CONTROL OVER PROGRAMMING AND OPERATIONS, AND THE OPERATOR PROFIT POTENTIAL MAY BE LIMITED DUE TO THAT RETAINED CITY CONTROLS.

NEXT SLIDE, PLEASE. AND THEN THERE'S JUST A COUPLE OF ADDITIONAL CONSIDERATIONS TO KIND OF UNDERSTAND WHEN WE'RE LOOKING AT SOMETHING LIKE THIS, AS WE WERE LOOKING AT IT.

OBVIOUSLY, ANY FUTURE STRUCTURE THAT WE WOULD BE LOOKING AT WOULD NEED TO INCLUDE THE PUBLIC PURPOSE PROVISION SO THAT THE MAJESTIC OPERATES, WE ALL FEEL THE MAJESTIC WAS INTENDED TO OPERATE AS THE VENUE.

BUT I WILL SAY, WHEN WE LOOK AT SOME OF THESE AGREEMENTS, WE SEE THAT VENUES WITH GREATER SEATING CAPACITY MAY, AGAIN, MAY BE BETTER POSITIONED FOR SOMETHING LIKE A LEASE-ORIENTED STRUCTURE DUE TO THE STRONGER REVENUE GENERATION POTENTIAL OF THAT VENUE. MANAGEMENT AGREEMENT MODELS COULD BE BETTER ALIGNED FOR SOMETHING THAT HAS A SMALLER SEATING CAPACITY, LESS REVENUE POTENTIAL, AND HAS A GREATER EMPHASIS ON REALLY LOCAL COMMUNITY AND CULTURAL USE. AND THEN OUR CAVEAT THERE, THIRD-PARTY STRUCTURES MAY OR MAY NOT FULLY ELIMINATE ACCESSIBILITY REQUIREMENTS.

NEXT SLIDE. AGAIN, WE ARE SEEKING FEEDBACK FROM THIS BODY AS WE PURSUE A THIRD-PARTY AGREEMENT STRUCTURE, THE STRUCTURE THAT'S MOST SUITABLE FOR THE MAJESTIC. WHAT WE'VE PRESENTED TODAY IS IN REGARD TO A LEASE-ORIENTED STRUCTURE OR A MANAGEMENT OPERATOR AGREEMENT STRUCTURE.

AND WITH THAT, WE WILL CLOSE OUR PRESENTATION.

THANK YOU SO MUCH. WITH THAT, I'LL START DOWN HERE TO MY LEFT WITH COUNCILMEMBER BASALD A, IF HE HAS ANY QUESTIONS.

NOTHING AT THE TIME, THANK YOU.

COUNCILMEMBER ROTH.

THANK YOU.

THIS IS REALLY CONCERNING ME A LOT BECAUSE I THINK THAT MAJESTIC THEATER IS ABSOLUTELY ONE OF OUR GEMS, AND I'M DISTRESSED IF IT'S NOT PRODUCING AND IT'S NOT BEING OPERATED PROPERLY.

THAT'S TO ME REALLY SERIOUS, AND WE NEED TO FIX THIS.

THIS IS SOMETHING THAT REALLY NEEDS TO BE FIXED.

I WANT TO UNDERSTAND.

IN THE $900,000, THE $600,000 AND THE $900,000 THAT WE LOST, WHAT'S THE BREAKOUT BETWEEN MAINTENANCE AND CAPITAL IN YOUR EXPENSES? MAINTENANCE IS YOUR READY ONGOING STUFF. CAPITAL IS WHEN YOU'RE MAKING BIG DECISIONS AND BIG NUMBER EXPENDITURES. THANK YOU VERY MUCH FOR THE QUESTION.

I WOULD HAVE TO ACTUALLY GET BACK THOSE NUMBERS FROM YOU. THEY ARE FROM FRM.

CAN YOU TALK A LITTLE LOUDER BECAUSE I CAN'T HEAR YOU.

I APOLOGIZE.

I WAS SAYING THAT I WOULD HAVE TO GIVE THOSE NUMBERS TO YOU. THEY'RE FROM FRM.

I'LL SEND IT TO YOU.

THANK YOU VERY MUCH.

SORRY, IT DOESN'T HAVE TO BE EXACT.

I MEAN, OUT OF $900,000, WHAT'S THE BREAKOUT? OKAY, THANK YOU. SO, IN THE EXPENSES, WE'RE LOOKING AT ABOUT $670,000. AND AS FAR AS CAPITAL IMPROVEMENT, ABOUT $240,000.

OKAY, SO $600,000 IS WHAT IT REALLY COSTS TO RUN THE PLACE. OKAY, THE

[02:10:02]

CAPITAL IS $300,000. AND SO OUT OF THE $8 MILLION THAT WE HAVE BOND MONEY TO DO CAPITAL IMPROVEMENTS, IS THAT $300,000 PART OF THAT CAPITAL IMPROVEMENT $8 MILLION BOND MONEY THAT WE'RE GOING TO BE WORKING ON? THAT'S SEPARATE.

THAT IS CORRECT.

I DON'T UNDERSTAND.

CAPITAL IS BIG THINGS THAT YOU'RE TRYING TO DO.

IS THE BOND STUFF FOR CAPITAL STUFF OR NOT? YES, SIR.

IS THERE STUFF THAT'S NOT IN THE CAPITAL BUDGET THAT NOT IN THE BOND BUDGET THAT WAS IN THE CAPITAL BUDGET? I'M TRYING TO UNDERSTAND WHY $8 MILLION DOESN'T COVER EVERYTHING.

SO, THE BOND. THANK YOU FOR THE QUESTION.

THE BOND IS DEFINITELY FOR PLANNED BIG ITEMS THAT WE KNOW ARE A PROBLEM THAT NEED TO BE DEALT WITH, RIGHT? SO FRM, THE FACILITIES AND REAL ESTATE MANAGEMENT DEPARTMENT, ALSO WHEN WE HAVE AN ISSUE AT ONE OF OUR VENUES AND IT MAY BECOME A LARGE ISSUE, THEY HAVE STANDARD SLAS THAT TURN THOSE FROM A STANDARD MAINTENANCE PROJECT TO A CAPITAL PROJECT. SO IF IT'S SOMETHING THAT'S REALLY BIG THAT'S HAPPENED THAT, THAT NEEDS TO BE TAKEN CARE OF IMMEDIATELY, FOR INSTANCE, THE STOREFRONT AT ONE POINT WAS RUN INTO BY A CAR AND IT'S A PERCENT, YOU KNOW, THAT WAS VERY EXPENSIVE TO FIX. THAT BECAME A CAPITAL EXPENSE.

OKAY. HOW DO YOU ALL BOOK, DO THE BOOKINGS. SO, HOW ARE YOU DIVIDED UP IN YOUR OPERATIONS? IS BOOKINGS HANDLED BY THE OFFICE OF CULTURE, OF ARTS AND CULTURE? YOU ALL ARE BOOKING ALL THE EVENTS.

YOU'RE RUNNING THE THEATER? YES, SIR.

DO YOU ALL KNOW HOW TO DO THAT? AND I'M NOT TRYING TO BE CRITICAL. I'M TRYING TO BE THOUGHTFUL. IS THAT A BUSINESS THAT WE SHOULD BE IN, IN THE ENTERTAINMENT AND THEATER MANAGEMENT BUSINESS? I WOULD SAY THAT, YES, SIR, WE HAVE PROFESSIONALS IN THAT BUSINESS OPERATING THE THEATER.

SO THE GENERAL MANAGER IS A PROFESSIONAL IN THE BUSINESS.

WHY ARE WE ONLY DOING 132 EVENTS? THANK YOU FOR THAT QUESTION, TOO. I THINK WHEN YOU LOOK AT WHEN WE LOOK AT THINGS IN THE INDUSTRY, SO IF WE THINK ABOUT THE AMOUNT OF TIME THAT WE HAVE TO DO EVENTS, RIGHT? IF YOU THINK ABOUT THURSDAYS AND FRIDAYS AND SATURDAYS, THEN YOU'RE LIMITING, AND THEN YOU'RE LIMITING IN CERTAIN OTHER THINGS. SO WE TYPICALLY LOOK AT, IN THE VENUE MANAGEMENT INDUSTRY, AT ANYTHING OVER 100 IS DOING OKAY.

I'M NOT GOING TO CALL IT FANTASTIC. I'M GOING TO SAY IT OKAY. ONCE YOU GET UP INTO THE 160 AND ABOVE AREAS, THEN I THINK YOU'RE DOING REALLY WELL.

SO I THINK WE'RE AND AGAIN, THAT WAS THE NUMBERS THERE WERE 132. WE ALSO HAD THE 12 EVENTS THAT WERE NOT TICKETED EVENTS, SO THAT COULD BE A PRIVATE TYPE RENTAL, SOMETHING LIKE THAT. SO THAT PUTS IT UP TO 144.

AND I THINK WHEN YOU LOOK AT AND AGAIN, WE'RE TALKING ABOUT A SINGLE SPACE RIGHT, ONE SINGLE SPACE. WE'RE LOOKING AT I THINK WE'RE DOING OKAY. IS THERE POTENTIAL FOR MORE USE? I THINK THAT'S PROBABLY YES.

AND DO WE CO-OP WITH ANY OF THE OTHER VENUES IN TOWN, WITH THE WINDSPEAR, WITH THE MUSIC HALL, WITH I MEAN, DO YOU ALL WORK WITH THE OTHER SORT OF MANAGEMENT GROUPS AND SHARING RESOURCES BY SHARING BOOKINGS, BY HELPING EACH OTHER. I MEAN, HOW DOES THIS PLACE RUN REALLY? SO THE MAJESTIC IS WHAT YOU WOULD REALLY REFER TO AS A RENTAL HOUSE, RIGHT? SO IT IS RENTED. SO YES, WE ABSOLUTELY HAVE.

FOR INSTANCE, THE AT&T PERFORMING ARTS CENTER, AS YOU MENTIONED, THE WINSPEAR, THEY DO ALSO PRODUCE SHOWS WITHIN THE MAJESTIC.

ARE THEY POTENTIAL...

I'M SENSITIVE TO TIME AND WE'RE OVER TIME, BUT I REALLY WOULD LIKE TO HELP FIGURE OUT A WAY TO CREATE A PUBLIC-PRIVATE OR AN OUTSIDE MANAGEMENT AGREEMENT THAT WOULD REALLY BE SIGNIFICANTLY ABLE TO SOLVE THIS ECONOMIC PROBLEM BECAUSE WE'VE GOT TO DO IT THE RIGHT WAY. I DON'T KNOW WHAT OUR PURPOSE IS TODAY, IS JUST TO BE BRIEFED, OR ARE WE ACTUALLY GOING TO TAKE A DECISION ON SOMETHING? WE'RE TRYING TO MAKE A DECISION TODAY.

THANK YOU.

SO HAVE WE LOOKED, OR DO WE HAVE LIKE... I KNOW LIKE WITH THE LATINO CULTURAL CENTER, YOU KNOW,

[02:15:01]

THEY HAVE A BLACK BOX. THIS HAS A BLACK BOX.

HAVE YOU ALL LOOKED AT HAVING PARTNERSHIPS WITH SOME OF THE GROUPS TO USE SOME OF THE SPACE IN A DIFFERENT WAY? MAYBE OFFICE SPACE FOR NONPROFITS, THAT TYPE OF THING? THANK YOU, COUNCILMEMBER.

I'LL SPEAK TO THE BLACK BOX, WHICH A LOT OF PEOPLE, WE'VE CALLED IT A BLACK BOX, BUT I WOULD LIKE EVERYBODY TO UNDERSTAND THAT'S A STUDIO AREA IN THE MAJESTIC. IT'S GOT SOME MIRRORS.

IT CAN BE KIND OF USED FOR DANCE REHEARSAL. IT'S CURRENTLY NOT EQUIPPED.

DOESN'T MEAN THAT IT COULD BE OR DOESN'T MEAN THAT IT COULDN'T BE.

BUT ONE OF THE ISSUES THAT WE'VE FOUND WITH OUR CURRENT OPERATIONS AND OUR CURRENT STAFF LIMITATIONS AND ALL OF THAT IS THAT UTILIZING THAT BECOMES DIFFICULT TO HAVE 2 SPACES AT ONCE WITH CURRENT STAFF.

BUT EVEN MORE SO, ONE OF THE THINGS THAT WE DO FIND IN MAJESTIC, IT'S EXTREMELY...

REMEMBER, THIS WAS A VAUDEVILLE HOUSE.

SO THIS WAS A SMALL HOUSE AND SMALL, SMALL MOVIES, THINGS LIKE THAT.

MODERN-DAY THEATERS HAVE A LOT MORE STORAGE SPACE TO BE ABLE TO BRING IN ALL THE EQUIPMENT THAT LIKE A LARGE CONCERT WOULD BRING IN, STUFF LIKE THAT. A LOT OF TIMES WE HAVE TO USE EVERY BIT, PIECE THAT WE HAVE FOR STORAGE OF LIKE HUGE ROAD BOXES AND THINGS LIKE THAT.

SO IT'S NOT THAT IT CAN'T BE DONE, BUT IT TAKES A LOT OF LOGISTICS TO BE ABLE TO FIGURE THAT OUT.

YEAH. ONE OF THE THINGS I ALSO SAW, LIKE IN YOUR EXPLORATION OF THE THIRD-PARTY AGREEMENTS WITH THE, YOU KNOW, PROS AND CONS, SINCE I'VE BEEN AROUND THE CITY FOR A WHILE, I KNOW ONE OF THE CONCERNS I HAVE IS, YOU KNOW, IF WE GET INTO A SITUATION SIMILAR WHAT HAPPENED TO FAIR PARK WHERE WE WERE GOING TO HAVE MAINTENANCE AND A PROMISE OF REVENUES AND THEN OUR CONCESSIONS WERE NOT LOCAL.

THE MAINTENANCE DID NOT HAPPEN.

IF WE GET INTO SOMETHING LIKE THIS, I WOULD DEFINITELY WANT TO SEE MAYBE SOMEONE THAT HAS A LOCAL COMMITMENT TO ARTS AND CULTURE THAT KNOWS THE GROUPS THAT ARE HERE IN THE DALLAS AREA AND THAT WOULD HELP THAT. AND WE MAY HAVE TO, YOU KNOW, HELP A LITTLE BIT, YOU KNOW, WITH SOME OF THAT. BUT, YOU KNOW, I THINK TO USE THE SPACE FOR ARTS AND CULTURE AND TO CONTINUE TO UPKEEP IT IS EXTREMELY IMPORTANT.

MY FEAR IS IF WE GET AN OPERATOR THAT DOESN'T HAVE THAT COMMITMENT TO ARTS AND CULTURE AND A PROVEN TRACK RECORD THAT WE COULD END UP IN A SITUATION WHERE IF WE WERE TO GET THE ASSET BACK THAT IT WOULD BE IN WORSE CONDITION.

IF WE WERE TO DO SOMETHING LIKE THIS, I WOULD WANT TO SEE IT MAYBE FOR 5 YEARS AND THEN WHERE WE REVISIT IT. I KNOW THAT'S WHAT WE'VE HAD TO DO WITH SOME OF THE OTHER GROUPS AND IT'S A GOOD THING THAT WE DID DO IT AND MAKE SURE THAT THE CONTRACT CONTRACT IS WRITTEN IN SUCH A WAY, YOU KNOW, BECAUSE ULTIMATELY WE'RE RESPONSIBLE FOR THIS ASSET, BUT TO MAKE SURE THAT THAT MAINTENANCE IS HAPPENING AS WELL.

THAT'S IT FOR NOW.

THANK YOU. DEPUTY MAYOR PRO TEM WILLIS.

THANK YOU SO MUCH.

I LEAN TOWARD HAVING A MANAGEMENT OPERATOR AGREEMENT. I WOULD ECHO THE SENTIMENTS OF MY COLLEAGUE ON ALLOWING SOMEONE WHO'S A PROFESSIONAL OPERATOR TO DO THIS.

I MEAN, IT'S JUST, YOU KNOW, THERE ARE PEOPLE WHO ARE REALLY GOOD AT THIS. THEY'RE EXPERTS. IT'S THEIR CORE COMPETENCY.

AND I THINK THE PROACTIVE PURSUIT OF MORE BUSINESS WOULD BE A GOOD THING. I MEAN, AS I LOOK AT THE NUMBERS, YOU KNOW, IT NEEDS HELP. I DON'T KNOW AS MUCH ABOUT THE OFFICE SPACE TO THE POINT THAT YOU MADE.

YOU KNOW, IT SEEMS LIKE THE FIRST ORDER OF BUSINESS IS TO GET THE HOUSE IN ORDER.

AND IT'S AN OLD BUILDING, BUT IT'S BELOVED. AND, YOU KNOW, WE NEED TO TAKE CARE OF IT OR WE MAY LOSE IT.

SO I THINK TAKING THE BUSINESS MODEL THAT CAN INFUSE, YOU KNOW, MORE SHOWS INTO IT, I DON'T KNOW WHAT OTHER RENTAL OPPORTUNITIES THERE COULD BE FOR THAT. BUT THAT'S ALSO SOMETHING THAT PERHAPS A DIFFERENT OPERATOR COULD TAKE A LOOK AT. I AGREE.

WE'VE GOT OUR FRIENDS FROM AT&T PAC WITH US TODAY. THAT MODEL HAS WORKED. I MEAN, RIGHT NOW WE ARE PAYING SOME FORM OF MAINTENANCE.

WE'RE PUTTING BOND MONEY INTO THIS BUILDING. SO WE ALREADY HAVE AN INVESTMENT THAT WE'RE MAKING. SO IF WE HAD TO TURN AROUND AND GET AN OPERATOR AND PAY THEM SOME FEE AND STRUCTURE AN ARRANGEMENT WHERE AS IT'S GENERATING MORE REVENUE, MAYBE THEY TAKE ON ASPECTS OF THAT.

I MEAN, THIS HAS ALL WORKED OUT THE DEAL.

BUT I AM DEFINITELY OPEN TO THIS. I'M GLAD THAT WE'RE TAKING A LOOK AT THIS BEFORE IT'S TOO LATE.

AND WHEN YOU THINK ABOUT THE CONVENTION CENTER OPENING AND JUST THE INFLUX OF PEOPLE WE'LL BE HAVING AND BEING ABLE TO OFFER EVEN A MORE ROBUST MENU OF SHOWS

[02:20:02]

FOR THEM TO SPEND THEIR MONEY, I REALLY LIKE THE IDEA OF PURSUING THAT. SO FOR SURE, I WOULD GET THAT DIRECTION.

THANK YOU.

CHAIR RIDLEY.

THANK YOU, MR. CHAIR.

SO, MARTINE, ARE YOU CONTEMPLATING DOING AN RFP BASED UPON THE INPUT THAT YOU GET FROM THIS COMMITTEE? YES, SIR.

WELL, I THINK THAT THERE ARE 3 MAIN CRITERIA THAT SHOULD BE INCORPORATED INTO THAT RFP. CREATING MORE ACTIVITY AND VIBRANCY IN THAT AREA OF DOWNTOWN, INCLUDING MORE SHOWS, MORE RENTALS FOR THINGS LIKE PRIVATE WEDDINGS, AND MORE FULLY UTILIZING THE SPACE. NUMBER 2, IMPROVE THE CUSTOMER EXPERIENCE.

AND NUMBER 3, PROVIDE STEWARDSHIP FOR THIS HISTORIC ASSET. AND I THINK PERHAPS A 3RD ALTERNATIVE TO THE ONES THAT YOU PROPOSE SHOULD BE SERIOUSLY CONSIDERED, AND THAT'S THE AT&T MODEL, UNDER WHICH THEY HAVE RESPONSIBILITY FOR HANDLING ALL MAINTENANCE, REPAIRS, AND UPDATES. THEY MANAGE THEIR OWN BOND PROGRAMS, AND THE CITY PROVIDES AN ANNUAL SUBSIDY THAT THE CENTER USES IN ADDITION TO THEIR OWN FUNDRAISING AND EARNED REVENUE TO COVER ALL OF THE OPERATING EXPENSES.

AND THIS IS, I THINK, AN OPPORTUNITY OPPORTUNE TIME TO CONTEMPLATE TAKING ACTION OF THIS SORT BECAUSE WE HAVE THIS $8 MILLION IN BOND FUNDING THAT I WOULD LIKE TO SEE THE ACTUAL MANAGER OF THE BUILDING UNDERTAKE THAT WORK UNDER CITY SUPERVISION, OF COURSE, BUT PROVIDE SOME PROFESSIONAL OPERATIONAL MANAGEMENT OF THE BUILDING.

IS THAT A POSSIBILITY? YES, SIR. AND IN TERMS OF THE LATTER POINT, WE'D HAVE TO COLLABORATE WITH THE BOND AND CONSTRUCTION MANAGEMENT DEPARTMENT TO THAT END.

BUT THANK YOU FOR ALL OF THAT INPUT. IT'S NOTED.

OKAY, THANK YOU, MR. CHAIR.

THANK YOU, MR. LEE.

AND THAT WAS GOING TO BE MY QUESTION.

OF THAT BOND, OF THE $8 MILLION, HOW MUCH OF THAT HAS ACTUALLY BEEN USED TO DATE, IF ANY, BECAUSE I LIKE WHAT CHAIR RIDLEY WAS SUGGESTING.

SO TO DATE, NONE OF THOSE BOND FUNDS HAVE BEEN EXPENDED.

THE BOND OFFICE HAVE TOLD US THE PROJECTION IS STILL FOR, I BELIEVE, FISCAL YEAR '27 WOULD BE DESIGN, FISCAL YEAR '28 WOULD START CONSTRUCTION. SO I'M SORRY, TO ANSWER YOUR QUESTION, NONE AT THIS TIME.

NO PROBLEM.

I WENT SOMEWHERE I'M BACK, THOUGH. MY QUESTION, THE NEXT QUESTION IS, WITH JUST UNDERSTANDING THE PROCESSES BETWEEN LEASING AND GOING THROUGH THE MANAGEMENT PROCESS, THOSE ARE 2 VERY DIFFERENT PROCESSES. ONE IS VERY PUBLIC, ONE IS NOT SO PUBLIC.

SO CAN YOU JUST TALK ABOUT THE DIFFERENCES BETWEEN THOSE 2? WE SEE THE BENEFITS, THE PROS AND CONS FOR EACH ONE, BUT JUST TALK ABOUT THE, THE PROCESS FOR EACH ONE AND WHAT THOSE OUTCOMES COULD PRODUCE.

SURE, ABSOLUTELY.

FIRST OF ALL, WE HAVE FOUND THAT THIS IS VERY COMPLICATED.

WHEN WE LOOK AT MANY OF OUR OTHER AGREEMENTS, THEY MAY BE TITLED LEASE, BUT THEY'RE KIND OF OPERATING LIKE MANAGEMENT AGREEMENTS AND VICE VERSA.

SO WE UNDERSTAND THAT IT'S VERY NUANCED AS WE'RE LOOKING THROUGH THIS. BUT IN GENERAL, WHEN WE LOOK AT A LEASE PROCESS, ESPECIALLY WHEN YOU'RE LOOKING AT SOMETHING LIKE IF YOU COULD EVEN GET TO A TRIPLE NET LEASE, THAT'S WHEN YOU REALLY ARE SORT OF HANDING OVER THE FULL RESPONSIBILITY OF THE BUILDING TO ANOTHER ENTITY.

AND THEN THAT ENTITY WOULD ABSOLUTELY STILL HAVE TO MEET PUBLIC PURPOSE OF THE BUILDING, BUT THEN THAT'S WHERE YOU COULD POSSIBLY OFFLOAD YOUR FINANCIAL BURDENS AND RESPONSIBILITIES. AND YET ALSO POSSIBLY EVEN HAVE A RENT ON TOP OF THAT PAID BY THEM. SO THAT'S THAT.

NOW GOING INTO THE PROCESS OF THAT, WE FOUND THAT IN SPEAKING WITH OUR OTHER DEPARTMENTS THAT LEASE AGREEMENTS, AGAIN, DON'T REQUIRE COMPETITIVE BIDDING.

HOWEVER, THEY HAVE BEEN NOTED THAT THAT ABSOLUTELY DOES NOT PRECLUDE US FROM PUTTING SOMETHING OUT LIKE AN RFI. WE ARE STILL WORKING THROUGH WHAT THE BEST PROCESS THAT WOULD BE IN A LEASE, IN THAT LEASE ARRANGEMENT AS TO WHAT THAT FULL PROCESS WOULD BE TO MAKE SURE THAT WE ARE CASTING THE NET TO UNDERSTAND WHAT ELSE WOULD BE OUT THERE.

WHEN WE GO TO MANAGEMENT AGREEMENT, MANAGEMENT AGREEMENT, AGAIN, MUCH LIKE WHAT WE ARE LOOKING AT WITH SOME OF OUR OTHER FACILITIES, YOU SEE, AGAIN, IT IS REALLY MORE ABOUT THE

[02:25:02]

CITY MAINTAINING A LOT OF CONTROL, NOT JUST HANDING IT OVER COMPLETELY, BUT AGAIN ALSO RETAINING A LOT MORE OF THE FINANCIAL RESPONSIBILITY WHEN WE, WHEN WE GO INTO A MANAGEMENT AGREEMENT.

AND THEN MOST OF THE TIME ON A MANAGEMENT AGREEMENT, BECAUSE THERE'S SOME TYPE OF PAYMENT THAT WE'RE MAKING TO THAT MANAGER OR OPERATOR, THEREFORE IT BECOMES DEFINITELY AN RFP SITUATION, OR AN RFCSP PROBABLY TECHNICALLY, WHERE WE WOULD ACTUALLY GO THROUGH THE PROCESS OF A REQUEST.

OKAY, WELL, THANK YOU.

IN THE INTEREST OF TIME, I'M GONNA WRAP THIS UP, BUT I THINK I'M LEANING TOWARDS THE MANAGEMENT PROCESS. BUT TO MANY OF MY COLLEAGUES' POINTS, I THINK THERE'S SOME PARAMETERS THAT WE WANT TO MAKE SURE WE PUT IN PLACE TO MAKE SURE WE KNOW WHAT SUCCESS LOOKS LIKE NOT JUST WHAT THEY SAY SUCCESS IS, BUT WHAT WE AS A CITY, AS A BODY, KNOW WHAT SUCCESS LOOKS LIKE FOR US. AND IF THAT'S, YOU KNOW, MEETING CERTAIN REVENUE TARGETS AND CERTAIN EVENTS, YOU KNOW, PER YEAR, WHATEVER THAT IS.

BUT I THINK WE'RE GOING TO BE LEANING ON YOU ALL AS WE MOVE FORWARD WITH THIS TO COME BACK WITH WHAT DOES TRUE SUCCESS LOOK LIKE FOR US. YES, SIR.

JUST A FINAL QUESTION, MR. CHAIR. IF YOU DO PROCEED WITH AN RFP, COULD YOU PUT THAT OUT WITH VARIOUS SCENARIOS? FOR EXAMPLE, ONE WOULD BE A LEASE. ONE WOULD BE THE AT&T PAC MODEL.

A THIRD MIGHT BE JUST A STRAIGHT OPERATIONAL MANAGEMENT CONTRACT. AND THEN SEE WHAT KIND OF RESPONSE YOU GET FROM THE MARKETPLACE TO EACH OF THOSE. BECAUSE YOU MAY NOT GET ANY RESPONSE ON A LEASE.

CORRECT.

AND YOU WILL ON SOME OF THE OTHERS. AND SO THIS WOULD COVER YOUR BASES.

WE APPRECIATE THAT. AND I WILL WORK WITH THE FACILITIES AND REAL ESTATE MANAGEMENT TEAM TO SEE HOW WE MIGHT BE ABLE TO INCORPORATE SOMETHING LIKE THAT.

OKAY, GREAT.

YES.

I WOULD HAVE SOME, I THINK, PAUSE ABOUT THAT JUST BECAUSE I THINK WE'VE SEEN SOME OTHER CITY FACILITIES. AND SO I WOULD REALLY WANT TO SEE SOMEBODY THAT HAS A PROVEN TRACK RECORD WITH ALREADY RUNNING OUR FACILITIES INSTEAD OF OPENING IT UP TO SOMEBODY. I DON'T KNOW IF THERE'S A WAY TO GIVE THAT PERSON LIKE EXTRA CREDITS OR POINTS, BUT SOMEBODY THAT WE DON'T HAVE A HISTORY WITH, BECAUSE I THINK WE'VE SEEN WHERE THAT MAY HAVE GONE.

I WILL SAY I THINK WE HAVE TOO, AND WE ABSOLUTELY WOULD WANT TO MAKE SURE THAT ONE OF THE CRITERIA INVOLVED IN PREVIOUS QUALIFICATIONS OF ANYBODY TO BE ABLE TO DO SOMETHING LIKE THIS. WE CERTAINLY WANT SOMEBODY WHO IS QUALIFIED.

THANK YOU.

MADAM CITY MANAGER, I JUST WANT TO MAKE SURE YOU'RE NEEDING A DECISION TODAY ON WHETHER OR NOT TO MOVE FORWARD WITH A LEASE OR A MANAGEMENT OR TO CHAIR RIDLEY'S POINT, SOME FORM OF A REQUEST FOR INTEREST TO SEE.

THANK YOU, CHAIR. I'LL ANSWER FOR THAT. SO THE CITY MANAGER'S OFFICE IS INTERESTED IN GETTING THE CONSENSUS OF THE COMMITTEE ABOUT THE SORT OF INSTRUMENTALITY THAT IS PREFERRED BY THE COMMITTEE.

WHAT I HAVE HEARD, AND CORRECT ME IF I'M WRONG, IS THE INTEREST IN A MANAGEMENT AGREEMENT BUT HAVING THE FLEXIBILITY TO LOOK AT OTHER SORT OF INSTRUMENTS AS OPTIONS.

I THINK THAT WE'RE OPEN TO THAT IF THAT IS THE CONSENSUS. WE WILL HAVE TO, OF COURSE, WORK WITH OUR CITY ATTORNEY'S OFFICE TO SEE IF THAT IS FEASIBLE.

WITHIN THE STRUCTURE OF A SINGULAR RFP.

OKAY. ALL RIGHT. WELL, YEAH, I THINK THAT'S THE RECOMMENDATION IS TO MOVE FORWARD AND I GUESS CAST THAT NET.

AND AGAIN, I'M THINKING RF REQUEST FOR... I DON'T KNOW.

I'M NOT GOING TO TRY TO PRESCRIBE WHAT THE PROCESS SHOULD BE. BUT YES, SOMETHING THAT GETS US A PRODUCTION OF ALL OF THESE OPTIONS THAT WE IT COULD BE CONSIDERED, I GUESS.

MAY I ALSO NOTE THAT ONE OF THE CONSIDERATIONS THAT THIS TEAM HAS BEEN GOING BACK AND FORTH WITH AND SENT OUT A FRIDAY MEMO ON THIS IN APRIL RELATED TO WHAT OUR INITIAL PLANS WERE, ET CETERA, IS THE FISCAL NOTE THAT'S ASSOCIATED WITH THE MANAGEMENT AGREEMENT, RIGHT? I GUESS AS THE TEAM HAS POINTED OUT, ONE OF THE BIGGEST, I THINK, DIFFERENCES IN THE STRUCTURES OF LEASE, OF COURSE, WOULD BE MORE LEANING TOWARD THAT THE LESSEE WOULD TAKE THE FULL RESPONSIBILITY TO THE EXTENT THAT THAT'S POSSIBLE. OF COURSE, WE'RE GOING TO HAVE, WE'LL STILL BE INVOLVED IN THE CAPITAL EXPENSES THROUGH OUR BONDS. BUT REALLY IS, YOU KNOW, HOW DO WE STRUCTURE THIS SUCH THAT ARTS AND CULTURE IS NOT CARRYING A DEFICIT IN TERMS OF THE MANAGEMENT EVERY YEAR OF IT, ALTHOUGH THE TEAM HAS DONE YOUNGMAN'S JOB IN IN ITS MANAGEMENT OF THE THEATER, LOOKING FOR WAYS THAT TAKING SOME BURDEN FINANCIAL BURDEN OFF THE CITY TO FIND AN AN OPERATOR.

[02:30:02]

OKAY, ALL RIGHT, OKAY, ANYTHING ELSE? ALL RIGHT. WELL, I GET I GUESS SO.

I'M TRYING TO UNDERSTAND. DO WE NEED A MOTION? OR IS THIS JUST GO BACK AND DO THE WORK TO DO THIS OR IN THE FORM OF A REQUEST? AGAIN, I THINK IT'S A REQUEST FOR INTEREST.

I'LL DEFER TO CASEY OVER THERE, BUT I THINK THAT WE WERE WANTING TO HEAR SOME LEVEL OF CONSENSUS AROUND IT, NOT NECESSARILY BY ACCLAMATION.

CAN YOU OPINE ON THAT? SURE, I THINK, YEAH, A MOTION WOULD GIVE STAFF CLEAR DIRECTION IF THE COMMITTEE HAS A MOTION THEY WANT TO MAKE.

MR. CHAIR, I'LL BE GLAD TO MAKE A MOTION.

I MOVE THAT THE COMMITTEE DIRECT STAFF TO EXPLORE ISSUANCE OF AN RFP FOR THE MAJESTIC THEATER FOR A PARTNER TO OPERATE IN MANAGE THE FACILITY, OR ALTERNATIVELY TO ADOPT THE AT&T PAC MODEL.

MOTION HAS BEEN MADE AND PROPERLY SECONDED. ANY DISCUSSION? NOT.

ALL IN FAVOR SAY AYE.

AYE.

ALL OPPOSED? ALL RIGHT, AYES HAVE IT. ALL RIGHT, THANK YOU.

COLLEAGUES, WE HAVE A FEW MORE ITEMS ON THERE. IS THERE ANYTHING ON THIS REMAINING AGENDA THAT GIVES ANYONE THAT THEY WANT TO SPEAK ON? IF NOT, WE'RE GONNA ADJOURN.

YES, SIR.

CALL IT WHICH ITEM? OKAY, ITEM E, THE COLLEGE ADVISORY COMMISSION.

THANK YOU. YES.

I RECOMMEND THAT WE ADOPT OPTION 2, WHICH IS SUNSETTING THE COLLEGE ADVISORY COMMISSION.

MOTION HAS BEEN MADE AND PROPERLY SECONDED TO SUNSET THE COLLEGE ADVISORY PROGRAM. SO ANY QUESTIONS? ANY DISCUSSION? JUST BRIEFLY, I THINK THIS COMMISSION HAS FAILED TO GET TRACTION. I DON'T THINK IT'S EVER BEEN FULLY CONSTITUTED.

I DON'T REALLY SEE THE PURPOSE FOR IT. AND WE HAVE SO MANY CITY COMMISSIONS NOW THAT THE HOUSING DEPARTMENT, I'M SURE, HAS A TOUGH TIME KEEPING UP WITH. AND I THINK THIS JUST DILUTES THE THEIR ATTENTION AMONGST ALL OF THE DIFFERENT COMMISSIONS THAT THEY'RE RESPONSIBLE FOR.

SO THAT'S WHY I MAKE THE MOTION.

YES, SIR.

DEPUTY MAYOR PRO TEM.

SO I AGREE WITH THAT, AND I THINK THAT YOUR MEMO HAD ACTUALLY CALLED OUT DOING, NOT HAVING A COMMISSION, BUT WORKING WITH COLLEGE STUDENTS ON OTHER WAYS THEY COULD PLUG IN. I THINK LET THEM DO THAT THROUGH NONPROFITS. I THINK WE NEED TO TAKE ITEMS OFF OF YOUR STAFF'S PLATE AND LET OTHER ORGANIZATIONS AND MAYBE THEIR OWN CAMPUS WORK ON INITIATIVES AROUND THIS.

AND IF WE FIND THAT THERE'S JUST A BIG GAP IN THAT, MAYBE WE CAN STEP BACK IN.

BUT LET'S DIAL BACK IN THIS AREA. THANKS.

ALL RIGHT. ANY OTHER COMMENTS? I AGREE. A MOTION HAS BEEN MADE, PROPER SECOND.

ALL IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? ALL RIGHT, ONE OPPOSITION. WITH THAT, WE HAVE THE UPCOMING AGENDA ITEMS LISTED THERE.

ANYTHING ANYBODY WANTS TO HAVE ANY QUESTIONS ABOUT QUICKLY? ALL RIGHT, IF THERE ARE ANY QUESTIONS, AT 11:41, I CALL THE QUALITY OF LIFE AND ARTS CULTURE COMMITTEE TO ADJOURN.

* This transcript was compiled from uncorrected Closed Captioning.