Public safety

Public safety issues in and around Lower Greenville

Dallas City Code, Section 41-2. Smoking Prohibited in Certain Public Areas

(a) A person commits an offense if he smokes in any of the following indoor or enclosed areas:

(1) An elevator used by the public.

(2) A hospital or nursing home.

(3) Any facility owned, operated, or managed by the city.

(4) Any retail or service establishment.

(5) Any establishment or area marked with a no smoking sign complying with Subsection (b) by the owner or person in control of the establishment or area.

(6) Any facility of a public primary or secondary school or any enclosed theater, movie house, library, museum, or transit system vehicle.

(b) The owner or person in control of an establishment or area in which smoking is prohibited under Subsection (a) of this section shall post a conspicuous sign at the main entrance to the establishment or area. The sign shall contain the words "No Smoking, City of Dallas Ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking. A sign posted prior to adoption of this subsection may contain the language "No Smoking City of Dallas Ordinance No. 14682."

(c) The owner or person in control of a bar qualifying for a defense to prosecution under Subsection (d)(3) or a billiard hall qualifying for a defense to prosecution under Subsection (d)(7) may designate smoking areas, except that the designated smoking areas may not include:

(1) the entire establishment;

(2) cashier areas; or

(3) restrooms.

(d) It is a defense to prosecution under Subsection (a) of this section if the person was smoking in a location that was:

(1) a private residence, except that this defense does not apply when the residence is being used as a child care facility, adult day care facility, or health care facility;

(2) an administrative area or office of an establishment described in Subsection (a)(2), (a)(4), or (a)(6) of this section if the administrative area or office is physically separated from those areas of the establishment where smoking is prohibited, except that this defense does not apply if the location was posted as a nonsmoking area under Article III of this chapter;

(3) a bar that does not open into any other establishment in which smoking is prohibited under this section, except that this defense does not apply if:

(A) any part of the bar is generally accessible by a minor;

(B) the bar opens into a hotel or motel; or

(C) the location was posted as a nonsmoking area by the owner or person in control of the bar with a sign complying with Subsection (b);

(4) a retail or service establishment that:

(A) derives 90 percent or more of its gross revenue on a quarterly (three-month) basis from the sale of tobacco, tobacco products, or smoking implements; and

(B) does not open into any other establishment in which smoking is prohibited under this section;

(5) an unenclosed outdoor seating area of an eating establishment, except that this defense does not apply if:

(A) the outdoor seating area is adjacent to a playground or play area for children; or

(B) the location was posted as a nonsmoking area by the owner or person in control of the establishment with a sign complying with Subsection (b);

(6) a private, rented guest room in a hotel or motel that has been designated as a smoking room by the owner or operator of the hotel or motel; or

(7) a billiard hall that does not open into any other establishment in which smoking is prohibited under this section, except that this defense does not apply if:

(A) any part of the billiard hall is generally accessible by a minor; or

(B) the location was posted as a nonsmoking area by the owner or person in control of the billiard hall with a sign complying with Subsection (b).

(e) It is a defense to prosecution under Subsection (b) of this section that the establishment or area is a location for which a defense to prosecution is provided under Subsection (d) of this section. (Ord. Nos. 18961; 19648; 21109; 21109; 21614; 25168)

By Avi S. Adelman under Public safety , Legal issues

Please, let me light your cigarette...

The City of Dallas has a no-smoking in restaurants law that's been on the books for about three years (in smoker's time, that's 3,000 packs long). In simplest terms, you cannot smoke in a business classified as a restaurant. Period, end of statement.

The ticket is given to the puffing patron; the bar or restaurant owner only gets unending embarassment and the loss of future business as word gets around.

And of course, most of the scumbars on Lower Greenville have Certificates of Occupancy claiming they operate as a restaurant, but let's see you find a kitchen anywhere on the premises.

The most notable scumbar is Suede, which claims to be a restaurant but could not find a set of matching dishes if you challenged them. But the ashtrays are all over the place.

By Avi S. Adelman under Public safety , Lower Greenville
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2006 was a hot year for towing cars around Lower Greenville

From the Department of Really Annoying Statistics inside the Dog Pound -

  • 1,457 Total number of tickets issued by the DPD for all kinds of illegal parking in the Lower Greenville (between Ross and Belmont Avenues) area in 2006
  • 700+ Total number of cars towed by DPD for illegal parking (such as Resident Only Parking) in 2006
  • 163 Total number of tickets issued by the DPD for all kinds of illegal parking in the Lower Greenville area in the first two weeks of 2007
  • 32 Total number of cars towed by DPD for illegal parking (such as Resident Only Parking) in the first two weeks of 2007

(DPD sources tell BD that bad weather makes people ignore the No Parking signs)

These numbers do not include vehicles towed from private parking lots such as Blockbuster, Big Wong, or Taco Cabana.

By Avi S. Adelman under Public safety , Lower Greenville

Suede, other Greenville Avenue bars to be audited

By Chad Jones, Pegasus News

Activist Avi Adelman tipped us off to an auditing campaign of sorts that's circling through the Greenville Avenue area. As of late December, Suede is in the process of being audited in order to ensure that [the] business is operating in compliance with the Dallas City Code provisions concerning the sale and service of alcoholic beverages (link to City Code re Mixed Bev Audits).

By Avi S. Adelman under Public safety , Dallas City Hall
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Somebody at City Hall is making a scumbar list (updated)

Update 12.26 - The City has confirmed sending out 10 letters to bars demanding sales reports. But can you guess which Lower Greenville bars got the letters??? You would be surprised...(more information after the jump).

The Dallas City Auditor and Building Inspections departments sent demand letters to a number of scumbar operators on Lower Greenville, seeking detailed information on their sales of alcohol and non-alcoholic products. This information will be used to determine if they are complying with the City's 75/25 rule used to determine which businesses are operating as restaurants (serving food) and which are just scumbars claiming to serve food.

According to BD's sources, the letters were sent out last week. BD has filed an Open Records Request to secure copies of the letter and a list of targeted scumbars.

By Avi S. Adelman under Public safety , Dallas City Hall
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