Legal Document: CITY OF DALLAS vs. K SERIES II, LLC et al

On December 04, 2023 a ORIGINAL PETITION was filed involving a dispute between City Of Dallas, and 10819 Composite Drive, Dallas, Texas, In Rem, K Series Ii, Llc, Mr. Bellagio Restarant, Llc, for CODE VIOLATIONS in the District Court of Dallas County.

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FILED
12/4/2023 4:33 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Cynthia R Willis DEPUTY
DC-23-20178
3 CIT ESERVE
Cause No. _________________

CITY OF DALLAS, § IN THE DISTRICT
COURT
Plaintiff, §
§
v. § DALLAS COUNTY, TEXAS
§
K SERIES II, LLC, §
MR. BELLAGIO RESTAURANT, LLC, §
10819 COMPOSITE DR., DALLAS, § 101st
DALLAS COUNTY TEXAS, in rem, §
Defendants. § _____ JUDICIAL DISTRICT

CITY OF DALLAS’S ORIGINAL PETITION AND
APPLICATION FOR TEMPORARY AND PERMANENT INJUNCTION

TO THE HONORABLE JUDGE OF SAID COURT:

The City of Dallas (“the City”), files this Original Petition and Request for Temporary and

Permanent Injunction against K Series II, LLC, (Defendant “K Series”), Mr. Bellagio Restaurant,

LLC (Defendant “Bellagio Restaurant”) and the property including all structures located at 10819

Composite Drive, Dallas, Texas, in rem, (“Property”), and respectfully show unto the Court as

follows:

I. INTRODUCTION

The Mr. Belagio nightclub is located at 10819 Composite Drive, Dallas, Texas and

repeatedly sells and serves alcohol without a Texas Alcohol and Beverage Commission (“TABC”)

license. As one Dallas resident stated in a Google review in June 2023 the “drinks are way to (sic)

expensive.” Not only is alcohol served, but it is served after the permitted hours established by the

Texas Alcoholic Beverage Code. The Dallas Police Department has confiscated over 30 bottles of

liquor from the establishment. The City has informed the Defendants that this behavior is unlawful

and informed the Defendants such unlawful activity should be terminated immediately.

Unfortunately, the Defendants have failed to abolish such practices and continue to operate a
common nuisance. Additionally, the Defendants continue to knowingly tolerate criminal activity

on the property and have various code and fire violations. Without Court intervention, the

Defendants will continue to operate in an unlawful manner, fail to implement crime prevention

measures to mitigate criminal activity and disregard the code and fire violations.

II. DISCOVERY CONTROL PLAN

1. Discovery is intended to be conducted under Level 2 of Rule 190 of the Texas Rules

of Civil Procedure. The City affirmatively pleads that this suit is not governed by the expedited

actions process in Texas Rule of Civil Procedure 169 because the City seeks injunctive relief.

III. PARTIES

2. Plaintiff, the City of Dallas, is a home rule municipal corporation primarily situated

in Dallas County, Texas, incorporated and operating under the laws of the State of Texas.

3. Defendant K Series II, LLC is a limited liability corporation that owns the real

property located at 10819 Composite Drive, Dallas, Dallas County, Texas that is subject to this

suit. Service of process may be made upon Defendant K Series II, LLC through its registered agent,

Sarkis J. Kechejian, 5515 Edlen Drive, Dallas, Texas, 75220, or wherever it may be found.

4. Defendant Mr. Bellagio Restaurant, LLC operates the business Mr. Belagio at the

property located at 10819 Composite Drive, Dallas, Dallas County, Texas that is subject to this

suit. Service of process may be made upon Defendant Mr. Bellagio Restaurant, LLC through its

registered agent, Victor Hugo Gutierrez, 9637 Forest Lane, Apartment 618, Dallas, Texas 75243

or wherever it may be found.

5. Defendant 10819 Composite Drive, Dallas, Texas, in rem, is the real property

located at Lot 10A, in Block J/6509, including any structures existing thereon, and is the real

property that is the subject of this suit. It may be served through the owner, K Series II, LLC

City of Dallas’s Original Petition and Application for Temporary and Permanent Injunction
City of Dallas v. K Series II, LLC, et al. - Page 2 of 12
registered agent, Sarkis J. Kechejian, 5515 Edlen Drive, Dallas, Texas, 75220, or wherever it may

be found.

IV. JURISDICTION AND VENUE

6. The City brings this cause of action to obtain temporary and permanent injunctive

relief against the Defendants pursuant to Chapter 125 of the Texas Civil Practice and Remedies

Code and Texas Alcoholic Beverage Code Chapter 101. This Court has jurisdiction pursuant to

Section 65.021 of the Texas Civil Practice and Remedies Code.

7. Venue is proper in this Court pursuant to Section 125.002 of the Texas Civil

Practice and Remedies Code and Section 101.70 of the Texas Alcoholic Beverage Code.

8. This cause of action is brought in personam and in rem pursuant to Section

125.002(b) of the Texas Civil Practice and Remedies Code.

V. FACTS

9. The Property is a commercial property in which the nightclub Mr. Belagio operates.

10. Defendant K Series and Defendant Bellagio Restaurants operate the nightclub Mr.

Belagio unlawfully. Neither Defendant K Series nor Defendant Bellagio Restaurants hold a TABC

license permitting the Defendants to sell alcohol at the Property. However, both Defendants and

through the Defendants’ agents, allowed the sale of illicit beverages on the premises in violation

of the Texas Alcoholic Beverage Code section 103.1.

11. Defendant K Series and Defendant Bellagio Restaurants operate the nightclub Mr.

Belagio unlawfully by serving alcohol and allowing alcohol consumption after the hours regulated

by the Texas Alcoholic Beverage Code. TABC permits licensees to sell mixed beverages until

midnight and only with a late hours certificate is the holder of a TABC license allowed to offer for

sale mixed beverages between midnight and 2 a.m. Yet the Defendants continue to allow the sale

City of Dallas’s Original Petition and Application for Temporary and Permanent Injunction
City of Dallas v. K Series II, LLC, et al. - Page 3 of 12
and consumption of alcohol after 2 a.m. in violation of the Texas Alcoholic Beverage Code section

105.03.

12. Defendant K Series and Defendant Bellagio Restaurants maintain the Property as

a place to which persons habitually go to commit criminal activities.

13. In the past year, the following abatable offense have occurred at or on the

Property:

a. One aggravated assault as described by Section 22.02 of the Texas Penal
Code;

b. One incident of sexual assault as described by Section 22.011 of the Texas
Penal Code;

c. One incident of unlawfully carrying of a weapon as described by Section
46.02 of the Texas Penal Code;

d. Two incidents of criminal mischief as described by Section 28.03 of the
Texas Penal Code;

e. Three incidents of disorderly conduct as described by Section 42.01 of the
Texas Penal Code.

14. The disorderly conduct incidents often involve violent behavior and physical

altercations.

15. The following violations of the Dallas City Code, including the Dallas Fire Code,

exist or have existed at the Property:

Violations of the Dallas City Code:

a. Failing to maintain building and structural materials, including wood,
gypsum products, glass, fiberglass, paper, canvas, fabric plastic, vinyl,
masonry, ceramic, plastic, brick, rock, stucco, slate, concrete, asphalt, tin,
copper, steel, iron, aluminum, and other metals, in operating condition, in
violation of Section 27-11(d)(2) of the Dallas City Code;

b. Failing to maintain all flooring in operating condition, free from holes,
cracks, decay, and trip hazards, in violation of Section 27-11(d)(6) of the
Dallas City Code;

City of Dallas’s Original Petition and Application for Temporary and Permanent Injunction
City of Dallas v. K Series II, LLC, et al. - Page 4 of 12
c. Failing to maintain all interior walls and ceilings in operating conditions,
in violation of Section 27-11(d)(9)(A) of the Dallas City Code;

d. Failing to maintain all interior surfaces, including windows and doors, in
operating condition, in violation of Section 27-11(d)(9)(C) of the Dallas
City Code;

e. Failing to repair, remove, or cover all peeling, chipping, flaking, or abraded
paint, in violation of Section 27-11(d)(9)(D) of the Dallas City Code;

f. Failing to repair all cracked or loose plaster, wood or other defective
surface conditions, in violation of Section 27-11(d)(9)(E) of the Dallas City
Code;

g. Failing to maintain exterior doors so that they are weather-tight and in
operating condition, in violation of Section 27-11(d)(11) of the Dallas City
Code;

h. Failing to maintain all plumbing pipes, fittings, and valves necessary to
supply and conduct natural fuel gases, sanitary drainage, storm drainage,
or potable water in operating condition, in violation of Section 27-
11(f)(1)(A) of the Dallas City Code;

i. Failing to maintain electrical circuits and outlets sufficient to safely carry
a load imposed by normal use of appliances, equipment, and fixtures, and
maintain them in operating condition, in violation of Section 27-11(g)(2)
of the Dallas City Code;

j. Using extension cords and flexible cords not in accordance with the
construction codes, and as substitutes for permanent wiring, in violation of
Section 27-11(g)(5) of the Dallas City Code;

k. Failing to eliminate the infestation, where evidence of an infestation exists,
using a person licensed under the Texas Structural Pest Control Act, as
amended, and repair any condition that contributes to that infestation, in
violation of Section 27-11(i)(1)(A) of the Dallas City Code;

l. In violation of Section 38A-3 of the Dallas City Code which requires that
a person engaging in commercial promotion shall register with the city as
a commercial promoter;

m. In violation of Section 51A-1.103(a)(3) of the Dallas City Code which
states that a person may not use land or a structure on land located in the
city for other than those uses designated as permitted uses in accordance
with the provisions of Chapter 51A of the Dallas City Code;

City of Dallas’s Original Petition and Application for Temporary and Permanent Injunction
City of Dallas v. K Series II, LLC, et al. - Page 5 of 12
n. Failing to obtain a certificate of occupancy from the building official before
using or changing the use of a building, a portion of a building, or land, in
violation of Section 51A-1.104 of the Dallas City Code;

o. In violation of Section 52-306.1 of the Dallas City Code, which states that
no structure or land shall be used or occupied, no change in the existing
occupancy classification, zoning use, or the tenant or occupant of a
structure or portion of a structure shall be made, and no floor area increases
or decreases of any existing tenancy area of a structure shall be used or
occupied, until the building official has issued a certificate of occupancy
and a fee has been paid as required in Section 303 of Chapter 52 of the
Dallas City Code;

p. In violation of Section 14-2(a) which states that a person commits an
offense if he operates a dance hall without a license;

Violations of the Dallas Fire Code:

a. Failure to post address visible from the street in violation of Dallas City
Code Section 505.1;

b. Failure to provide, maintain, and repair, and service the automatic sprinkler
system in violation of Dallas Fire Code Section 901.6.1;

c. Failure to clean hoods, grease-removal devices, fans, ducts and other
appurtenances as required in violation of the Dallas Fire Code Section
606.3.3;

d. Failure to inspect, test and maintain fire protection systems as required in
violation of Dallas Fire Code Section 901.6.1;

e. Failure to replace or restore areas with protective membrane and through
penetrations with materials or systems that meet or exceed the code
requirements applicable at the time when constructed, remodeled or altered
in violation of Dallas Fire Code Section 703.2;

f. Allowing accumulation in building or structure or upon premises of
combustible waste materials creating a fire hazard in violation of Dallas Fire
Code Section 304.1;

g. Failure to secure compressed gas containers, cylinders and tanks in
violation of Dallas Fire Code Section 5303.5.3;

h. Failure to provide required working clearance space around electrical
equipment in violation of Dallas Fire Code Section 603.4;

City of Dallas’s Original Petition and Application for Temporary and Permanent Injunction
City of Dallas v. K Series II, LLC, et al. - Page 6 of 12
i. Allowing open junction boxes and open-wiring splices in violation of Dallas
Fire Code Section 603.2.2;

j. Allowing extension cords to substitute for permanent wiring in violation of
Dallas Fire Code Section 603.6;

k. Failure to maintain appropriate fuel supplies for gas-fired heaters in
violation of Dallas Fire Code Section 3304.3;

l. Failure to provide all signages and marking as required in violation of
Dallas Fire Code Section 2203.2.1;

m. Failure to abate identified electrical hazards as required in violation of
Dallas Fire Code Section 605.1.

16. A true and correct copy of the ordinances violated is attached as Exhibit A. These

ordinances relate to:

a. The preservation of public safety, relating to the materials or methods used

to construct a building or improvement, including the foundation, structural

elements, electrical wiring or apparatus, plumbing and fixtures, entrances,

or exits;

b. Relating to a building code or to the condition use, or appearance of

property in a municipality.

VI. CAUSE OF ACTION

17. This cause arises under Chapter 125 of the Texas Practice and Remedies Code,

Chapter 101 of the Texas Alcoholic Beverage Code and under Chapter 54 of the Texas Local

Government Code.

18. Pursuant to Sections 125.002 of the Texas Civil Practice and Remedies Code,

Plaintiff requests an injunction ordering the Defendants to abate the common nuisance.

19. Pursuant to Section 101.70 of the Texas Alcoholic Beverage Code, Plaintiff

requests an injunction ordering the Defendants to abate the common nuisance.

City of Dallas’s Original Petition and Application for Temporary and Permanent Injunction
City of Dallas v. K Series II, LLC, et al. - Page 7 of 12
20. Pursuant to Sections 54.016, 54.018 of the Texas Local Government Code, Plaintiff

requests temporary and permanent injunctive relief, ordering the Defendant to remedy or repair

the conditions of the Property to bring it into compliance with the Dallas City Code, and

thereafter maintain the same, in accordance with Dallas City Code.

21. Pursuant to Section 54.017 of the Texas Local Government Code, Plaintiff requests

civil penalties not to exceed $1,000 per day per each violation of the code provisions cited

above until such violations are abated.

VII. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, the City respectfully requests that the Court

grant the following relief in the City’s favor:

1. the Court appoint a day for a hearing of the temporary and permanent injunctive relief

requested herein and that the Defendant be cited to appear on that date and show

cause why they should not be immediately restrained and/or compelled to abate the

common nuisance by implementing reasonable requirements on the Property to

prevent the use and maintenance as a nuisance, and that upon final hearing, the

temporary injunctive relief requested herein be made permanent;

2. that the City be awarded judgment in its favor for all costs of court;

3. that the City be awarded judgment in its favor for post-judgement interest at the

highest legal rate; and

4. award such other and further relief, general or special, at law or in equity, to which

the City may show itself to be justly entitled.

Respectfully submitted,

City of Dallas’s Original Petition and Application for Temporary and Permanent Injunction
City of Dallas v. K Series II, LLC, et al. - Page 8 of 12
CITY ATTORNEY OF THE CITY
OF DALLAS

Tammy Palomino
City Attorney

/s/ Naomi Green
NAOMI GREEN
Assistant City Attorney
Texas State Bar No. 24068816
naomi.green@dallas.gov
7DN Dallas City Hall
1500 Marilla Street
Dallas, Texas 75201
Telephone: 214-670-3519

City of Dallas’s Original Petition and Application for Temporary and Permanent Injunction
City of Dallas v. K Series II, LLC, et al. - Page 9 of 12
I" VERIFICATION

STATE OF TEXAS
COUNTY OF DALLAS

I, Ivan Sosa, a certified fire senior prevention officer with the City of Dallas. after being

duly sworn, hereby certify that I am qualified and authorized to make this verification, and that I

have read each and every factual a~legation contained within paragraph - and paragraphs - through
...
-, specifically those violations listed in the section labeled '·Violations of Dallas City Code" of this

Petition, and that said factual allegations are within my personal knowledge and are true and

conect.
·'

I/an Sosa
Code Inspection Officer

Subscribed and sworn to before m; on this the ~ liday of November, 2023.
• / ~-z__-~

Notary Public
MARC P a ur-,J1L ES
Notary Public
STATE OF TEXAS
10#12586788 ·8
..
Comm. Ex . Ma 23, 2024

City of Dallas·s Orfg inal Petition and Application for Temporary and Permanent Injunction
Ci(>' of Dallas v. K Series II, LLC. et al. - Page IO of 12
VERIFICATION

STATE OF Tf:XAS
COUNTY or DALLAS

I, Anth ony Martinez, a certified fire senior preven ti on officer wi th the City of Dallas, after

being duly swo rn , hereby certify that I am qualified and auth ori zed to make this ve rifi cation, and

that I have read each and eve1y fact ual all egation contained within paragraph - and paragraphs -

through -, spec ifi ca lly those violations li sted in th e section labeled " Violations of Da ll as Fi re

Code" of this Petition, and that sa id fact ual allegat ions are within my perso nal kn ow ledge and are

tru e and co rrect.

~ .J?4-r
r Prevention Oft-ic~

i?~e.., J.pr
Subscribed and sworn to before me on this th e lf~day of Novetrrbcr, 2023.

~~
No tary Public

.MARC P QUARLES
Notary Public
STATE OF TEXAS
10#12588788-8
Comm. Ex . Ma 23, 2024

City of Dallas' s Origina l Petition and Applicati on for Tempor11ry and Perma11e11t Injunction
City of Dallas v K Series I I, U.C', et al. - Page I I of 12
VERIFICATION

STATE OF TEXAS
COUNTY OF DALLAS

I, Detective Armando De La Luz, a certified peace officer with the City of Dallas, after

being duly sworn, hereby certify that I am qualified and authorized to make this verification, and

that I have read each and every factual allegation contained within paragraph - and paragraphs -
~

through -, and that said factual allegations are within my personal knowledge and are true and

correct.

Detective Armando De L uz
City of Dallas Police Officer

Dec.cv<1-/oeY-
Subscribed and sworn to before me on this the _1_ day ofNovember, 2023.

Notary Public

City of Dallas's Original Petition and Application for Temporary and Permanent Injunction
City ofDallas v. K Series JI, LLC, et al. - Page 12 of12
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SEC. 14-2. LICENSE REQUIRED.
(a) A person commits an offense if he operates a dance hall without a license.
(b) An application for a license must be made on a form provided by the chief of police. Only a
person who is an officer of or who has an ownership interest in a dance hall business may apply for a
license for the dance hall. Each applicant must be qualified according to the provisions of this chapter.
(c) A person who wishes to operate a dance hall must sign the application for a license as an
applicant. If a person who wishes to operate a dance hall is other than an individual, each individual
who is an officer of the business or who has a 20 percent or greater ownership interest in the business
must sign the application for a license as an applicant. Each applicant must meet the requirements of
Section 14-3(a), and each applicant will be considered a licensee if a license is granted.
(d) It is a defense to prosecution under this chapter that the actor is conducting a dance at:
(1) a private residence from which the general public is excluded;
(2) a place owned by the federal, state, or local government;
(3) a public or private elementary school, secondary school, college, or university;
(4) a place owned by a religious organization;
(5) a location where no more than three dances a month are conducted and the actor is a private
club;
(6) a hotel or motel that contains a dance hall that is not promoted or advertised for use by
members of the general public who are not occupants of the hotel’s or motel’s guest rooms;
(7) an establishment that:
(A) has a restaurant certificate of occupancy;
(B) has a valid food and beverage certificate issued by the Texas Alcoholic Beverage
Commission;
(C) derives 50 percent or more of its gross revenues on a quarterly basis from the sale of food
and nonalcoholic beverages; and
(D) does not charge an entrance or admission fee; or
(8) an establishment where:
(A) persons contract for instruction in dance methods, styles, techniques, and disciplines
recognized by professional dance organizations;
(B) the dance instruction is only provided by persons trained in dance methods, styles,
techniques, and disciplines recognized by professional dance organizations;
(C) no dancing occurs on the premises except by:
(i) a person employed or under contract to provide dance instruction at the establishment;
and
(ii) a person contracting for dance instruction at the establishment; and
(D) the primary purpose of the dancing at the establishment is for the education of the persons
contracting for dance instruction and not for the entertainment of the general public. (Ord. Nos. 15721;
19241; 21184; 21837; 23137; 24440; 24541)

EXHIBIT A
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SEC. 27-11. MINIMUM PROPERTY STANDARDS; RESPONSIBILITIES OF
OWNER.
(a) In general.
(1) The regulations in this article are minimum property standards for vacant and occupied
buildings, properties, and structures. In addition to the minimum property standards, all buildings,
properties, and structures must comply with all federal, state, and local laws and regulations, including
the construction codes.
(2) The minimum property standards are intended to complement existing laws and regulations. If
any provision of this chapter is less restrictive than another applicable law or regulation, the more
restrictive law or regulation shall apply.
(3) An owner who enters into a written lease shall, upon the occupant's request, provide the
occupant with a written lease in the occupant's primary language, if the primary language is English,
Spanish, or Vietnamese.
(b) Repairs. All repairs required by this section must be performed in a workmanlike manner and in
accordance with all applicable federal, state, and local laws, rules, and regulations, including the
construction codes.
(c) Property standards. An owner shall:
(1) maintain his or her premises in operating condition without any holes, excavations, or sharp
protrusions, and without any other object or condition that exists on the land and is reasonably
capable of causing injury to a person;
(2) securely cover or close any wells, cesspools, or cisterns;
(3) provide solid waste receptacles or containers when required by Chapter 18 of this code, as
amended;
(4) provide drainage to prevent standing water and flooding on the land;
(5) remove dead trees and tree limbs that are reasonably capable of causing injury to a person;
(6) keep the doors and windows of a vacant structure or vacant portion of a structure securely
closed to prevent unauthorized entry; and
(7) protect, by periodic application of paint or other weather-coating materials, any exposed metal
or wood surfaces from the elements and against decay or rust.
(d) Structural and material standards.
(1) In general. An owner shall maintain structural members free from deterioration so that they
are capable of safely supporting imposed dead and live loads.
(2) Construction materials. An owner shall maintain building and structural materials, including
wood, gypsum products, glass, fiberglass, paper, canvas, fabric, plastic, vinyl, masonry, ceramic,
plaster, brick, rock, stucco, slate, concrete, asphalt, tin, copper, steel, iron, aluminum, and other
metals, in operating condition.
(3) Roofs. An owner shall:
(A) maintain roofs in operating condition, free from leaks, holes, charred or deteriorated roofing
materials, rotted wood, and other unsafe conditions; and
(B) maintain gutters and downspouts, if any, in operating condition and securely fastened.

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(4) Chimneys and towers. An owner shall maintain chimneys, cooling towers, smoke stacks, and
similar appurtenances in operating condition.
(5) Foundations. An owner shall maintain foundations and foundation components in operating
condition, and keep all foundation components securely fastened.
(6) Floors. An owner shall maintain all flooring in operating condition, free from holes, cracks,
decay, and trip hazards.
(7) Shower enclosures. An owner shall maintain shower enclosure floors and walls in operating
condition, free of holes, cracks, breaches, decay, rust, and rot.
(8) Countertops and backsplashes. An owner shall maintain kitchen and bathroom countertops
and backsplashes surrounding kitchen sinks and lavatory sinks in operating condition free of decay,
rust, and rot.
(9) ---------
Interior walls,----
ceilings, and surfaces;-----
- ---------- doors. An owner shall:
(A) maintain all interior walls and ceilings in operating condition;
(B) keep all interior walls and ceilings securely fastened to eliminate collapse hazards;
(C) maintain all interior surfaces, including windows and doors, in operating condition;
(D) repair, remove, or cover all peeling, chipping, flaking, or abraded paint; and
(E) repair all cracked or loose plaster, wood, or other defective surface conditions.
(10) Exterior windows and skylights. An owner shall maintain the glass surfaces of exterior
windows and skylights so that they are weather tight and in operating condition.
(11) Exterior doors. An owner shall maintain exterior doors so that they are weather tight and in
operating condition.
(12) Security devices. An owner shall maintain any bars, grilles, grates, and security devices in
operating condition.
(13) Ventilation. An owner shall maintain all natural and mechanical ventilation in habitable rooms
in operating condition.
(14) Balconies, landings, porches, decks, and walkways. An owner shall maintain:
(A) all balconies, landings, porches, decks, and walkways in operating condition and securely
fastened;
(B) support posts, columns, and canopies in operating condition, securely fastened and
anchored.
(15) Handrails and guardrails. An owner shall maintain all handrails and guardrails:
(A) in operating condition and securely fastened and anchored; and
(B) so that they are capable of safely supporting imposed dead and live loads.
(16) Steps and stairways. An owner shall:
(A) maintain steps and stairways in operating condition, securely fastened and anchored, and
free from trip hazards;
(B) maintain steps and stairways so that they are capable of safely supporting imposed dead
and live loads; and

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(C) seal any cracks or breaches in lightweight concrete steps, balconies, and walkways.
(17) Fencing, retaining walls, and barriers. An owner shall:
(A) maintain all fences, retaining walls, decorative walls, and barriers in operating condition,
and in accordance with the Dallas Development Code, as amended. This requirement applies to a
masonry wall only if the masonry wall encloses:
(i) a multitenant property; or
(ii) a single-family or duplex property where the wall is not shared with another property;
(B) repair or replace rotted, missing, fire-damaged, or broken wooden slots and support posts;
(C) repair or replace broken, missing, or bent metal posts and torn, cut, bent, or ripped metal
fencing materials; and
(i) encloses a multitenant property or a single-family property or duplex, or
(ii) serves as a retaining wall.
(e) Utility and appliance standards.
(1) Air conditioning.
(A) An owner shall:
(i) provide, and maintain, in operating condition, refrigerated air equipment capable of
maintaining a room temperature of at least 15 degrees cooler than the outside temperature, but in no
event higher than 85° F. in each habitable room;
(ii) maintain all fixed air conditioning systems, including air conditioning unit covers, panels,
conduits, and disconnects, in operating condition, properly attached; and
(iii) install window-mounted air conditioning units, if provided, in compliance with the
construction codes.
(B) It is a defense to prosecution under this paragraph that at least one habitable room is 85° F.
at a point three feet above the floor and two feet from exterior walls if the outside temperature is over
110° F.
(2) Heating.
(A) An owner shall:
(i) provide, and maintain, in operating condition, heating facilities capable of maintaining a
room temperature of at least 15 degrees warmer than the outside temperature, but in no event lower
than 68° F. in each habitable room; and
(ii) if provided, maintain, in operating condition, heating facilities in buildings or structures
other than dwelling units.
(B) It is a defense to prosecution under this paragraph that at least one habitable room is 68° F.
at a point three feet above the floor and two feet from exterior walls if the outside temperature is under
40° F.
(3) Appliances. If appliances are provided in a rental dwelling unit, the owner shall maintain those
appliances, including portable heating units, portable air conditioning units, cook stoves, refrigerators,
dishwashers, garbage disposals, ventilation hoods, washing machines, and clothes dryers, and
appliance connections, in operating condition.

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(f) Plumbing standards.
(1) Plumbing systems. An owner shall maintain:
(A) all plumbing pipes, fittings, and valves necessary to supply and conduct natural fuel gases,
sanitary drainage, storm drainage, or potable water in operating condition; and
(B) all plumbing fixtures free of cross-connections and conditions that permit backflow into the
potable water supply.
(2) Fuel gas distribution systems. An owner shall maintain distribution systems that carry fuel gas
or liquefied petroleum gas in leak-free condition in accordance with the construction codes. If such a
distribution system has been compromised, an owner shall have the system pressure-tested and
repaired in accordance with the Dallas Fuel Gas Code, Chapter 60 of the Dallas City Code, as
amended.
(3) Plumbing fixtures. An owner shall:
(A) provide each dwelling unit with:
(i) a kitchen equipped with a kitchen sink; and
(ii) a minimum of one toilet; a lavatory sink; and either a bathtub or shower, or a combination
of bathtub and shower;
(B) keep all plumbing fixtures connected to an approved potable water supply system;
(C) connect and maintain all plumbing fixtures in operating condition;
(D) equip toilets and urinals with cold potable water under pressure necessary for safe and
sanitary operation;
(E) keep all plumbing fixtures connected to a public sewer system or to an approved private
sewage disposal system;
(F) maintain all piping distribution systems in operating condition, and eliminate all unsafe,
unsanitary, and inoperable conditions in such distribution systems; and
(G) cap each sewer clean-out opening with an approved plug, except when the sewer line is
being serviced.
(4) Water heating equipment. An owner shall:
(A) maintain all water heating equipment, including existing fuel-fired water heaters, in
operating condition;
(B) maintain all water heating equipment with a pressure relief valve with an approved drain
line;
(C) provide and maintain, in operating condition, water heating equipment that supplies hot
water at a minimum temperature of 110° F., measured at the water outlet, to every required plumbing
fixture;
(D) vent all fuel-fired water heating equipment as required by the construction codes; and
(E) maintain boilers and central heating plants in operating condition.
(g) Electrical standards. An owner shall:
(1) maintain all electrical equipment and materials in operating condition;

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(2) maintain electrical circuits and outlets sufficient to safely carry a load imposed by normal use
of appliances, equipment, and fixtures, and maintain them in operating condition;
(3) maintain in each habitable room, bathroom, hallway, and stairway of a dwelling unit at least
one electric lighting outlet, and the electric lighting outlet must be controlled by a wall switch, unless a
wall switch is not required by the construction codes;
(4) maintain all electric light fixtures located adjacent to exterior doors of all buildings or
structures in operating condition; and
(5) use extension cords and flexible cords in accordance with the construction codes, and not as
substitutes for permanent wiring.
(h) Lighting standards for multitenant properties.
(1) In general.
(A) An owner shall not wire lighting in common areas into individual dwelling units.
(B) An owner shall maintain overall illumination of four footcandles for exterior lighting on the
premises, measured in accordance with the Housing Standards Manual.
(2) Exterior lighting.
(A) An owner shall maintain illumination from dusk until dawn:
(i) along pedestrian pathways; in plazas, courtyards, building entrances, parking areas,
including carports and driveway areas; and other outdoor spaces commonly used.
(ii) at stairwells, landings, and areas under the lower landing.
(iii) along breezeways, and transitional lighting must be maintained at all entries to a
breezeway.
(iv) at cluster or gang mailboxes.
(B) An owner shall maintain exterior lighting so that it reduces conflicts or obstructions between
building design and landscape treatments and provides appropriate crime prevention.
(i) Health standards.
(1) Infestations.
(A) Where evidence of an infestation exists, the owner of a building, structure, or property,
including a vacant or occupied one- or two-family dwelling, or multifamily dwelling, shall eliminate the
infestation using a person licensed under the Texas Structural Pest Control Act, as amended, and
repair any condition that contributes to an infestation.
(B) If the building, structure, or property is a rental property, the owner shall provide notice to
the tenants at least 48 hours before taking steps to eliminate an infestation.
(i) Notice must be in writing and must include the method being used to eliminate the
infestation.
(ii) A tenant may in writing waive the 48-hour requirement.
(2) Common toilet and shower facilities. An owner shall maintain in operating condition toilet and
shower facilities in common area multifamily uses.
(3) Swimming-pools,
- - - -spas,
- - -ponds, and fountains.
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(i) Water in swimming pools, spas, ponds, and fountains must be maintained to prevent the
breeding or harborage of insects.
(ii) Swimming pools, spas, ponds, and fountains must be maintained in operating condition.
(iii) Fences or other barriers enclosing swimming pools, spas, ponds, and fountains must be
maintained in operating condition.
(iv) Pool yard enclosures, as defined in Chapter 757 of the Texas Health and Safety Code, as
amended, shall be maintained in operating condition and must comply with the standards in Chapter
757 of the Texas Health and Safety Code, as amended.
(4) Sewage overflow. An owner shall sanitize all areas contaminated by sewage overflow
immediately after servicing is completed.
(5) Vacant dwelling units.
(A) An owner shall maintain the interiors of all vacant dwelling units free of solid waste.
(B) The owner of a vacant dwelling unit must store any swimming pool chemicals, cleaning
chemicals, pesticides, herbicides, rodenticides, fertilizers, paints, solvents, gasoline, gasoline-powered
equipment, or combustible materials of any kind in accordance with the construction codes and the
Dallas Development Code, as amended.
(j) Security standards. An owner of a multifamily dwelling, other than one exempt from registration
under this chapter, shall provide and maintain security devices in each dwelling unit as required by
Sections 92.153, 92.154, and 92.155 of the Texas Property Code, as amended.
(k) It is a defense to prosecution under Subsection (a) of this section that the premises is the site of
new construction and reasonable and continuous progress is being made to complete the
construction.
(l) An owner shall provide a tenant with alternative housing that meets the minimum standards
required by this section when:
(1) after being issued a notice or citation for violation of Subsection (e)(2) of this section, the
owner fails to repair heating equipment within 72 hours after receiving such notice or citation and the
overnight low temperature, as measured by the National Weather Service at Dallas Love Field, is
below 40° F. for three consecutive days after receiving such notice or citation; or
(2) after being issued a notice or citation for violation of Subsection (e)(1) of this section, the
owner fails to repair refrigerated air equipment within 72 hours after receiving such notice or citation
and the daytime high temperature, as measured by the National Weather Service at Dallas Love Field,
is 95° F. or above for three consecutive days after receiving such notice or citation.
(m) It is a defense to prosecution under Subsections (e)(1) and (e)(2) of this section and to the
alternative housing requirements of Subsection (i) of this section that:
(1) failure to maintain heating and refrigerated air equipment in compliance with those
subsections was the direct result of an act of nature or other cause beyond the reasonable control of
the owner; or
(2) the owner is making diligent efforts to repair the heating and refrigerated air equipment in
compliance with those subsections; if the owner demonstrates to the director that diligent efforts to
repair are being made, the director will not issue a notice or citation for a violation of Subsection (e)(1)
or (e)(2) of this section.
(n) It is a defense to prosecution under Subsection (e)(2) of this section and to the alternative
housing requirements of Subsection (i)(1) of this section that a written contract is in effect requiring the

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tenant to provide and maintain heating equipment and the owner has provided utility connections for
heating equipment in compliance with the Dallas Mechanical Code, as amended, in each room of the
structure intended for human occupancy.
(o) It is a defense to prosecution under Subsection (e)(1) of this section and to the alternative
housing requirement of Subsection (i)(2) of this section that the structure is not a rental property. (Ord.
Nos. 15198; 15372; 15919; 16473; 19234; 20578; 24481; 25522; 30236)

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SEC. 38A-3. COMMERCIAL PROMOTER REGISTRATION.
(a) A person engaging in commercial promotion shall register with the city as a commercial
promoter. Commercial promoter registration must be submitted on a form provided by the director for
that purpose.
(b) A complete commercial promoter registration application must contain the following information:
(1) The legal name, street address, mailing address, electronic mailing address, and telephone
number of the registrant.
(2) Any aliases the registrant intends to use in connection with any commercial promotion.
(3) The names, street addresses

Case Info

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WILLIAMS, STACI Track Judge’s New Case

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December 04, 2023

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