Look Out, Lowest Greenville: Code Compliance, Dallas PD Will Be Out Writing Citations Tonight

Categories: City Hall, Crime
codeatnandina.JPG
Courtesy Avi Adelman
Code Compliance officers paid a visit last night to Nandina, which actually has its late-hours SUP.
Now then, back to the continuing saga of Lowest Greenville ...

Last night, a certain Barking Dog tagged along as officers from the city's Code Compliance were out warning business owners that if they don't have one of those specific use permits allowing them to stay open after midnight, they'll be cited beginning tonight. Because today's the day (OK, tomorrow, technically) when the Lower Greenville Planned Development District ordinance, passed by the council in January, officially kicks in. Jimmy Martin, head of Code Compliance, says this morning that "at one second after midnight," officers from code and the Dallas Police Department will issue misdemeanor citations to businesses that didn't go through the City Plan Commission and city council to get those SUPs.

And, so happens, that includes the 7-Eleven at Richmond Avenue, because as defined by the ordinance, "any retail and personal service use that offers services to the public or that has customers remaining in the establishment between 12 a.m. (midnight) and 6 a.m. is a late-hours establishment."

Now, as Martin says, "the perception is code can shut down an operation," which isn't true. "We can and will issue a citation. If they don't have a certificate of occupancy [allowing for late-hours operation], they will be issued a citation. As far as putting someone out of business -- putting up chains and keeping them from entering their business -- that's not true. We'd have to go to court and get an injunction. The public and even some of our council members think Code Compliance has a supply of chains and locks and goes in there and slaps chains on them, but they will only be cited." Either by code or the police, who will divvy up the duties.

One question among many: How many tickets will they get? Could they get one every night?

"It's a possibility," says Martin. "I can't guarantee that'll happen, but it's a possibility."

Also: What about businesses like Service Bar, which had its SUP denied at CPC but is planning on appealing to the city council?

"If they don't have a CO to operate after midnight, wherever they are in the process, they are subject to citation," Martin says.

As for how much those tickets will run the recipients: The ordinance says the fine is up to $2,000, but as Martin reminds, "a judge has discretion to the amount of the fine."

And, yes, Martin says 7-Eleven, which didn't go through the CPC, will be subject to citation. "We asked about it," he says. I left a few messages with the convenience store's corporate offices in One Arts Plaza.

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32 comments
azzy23
azzy23

This is a GREAT idea!! Everyone's out of work, let's force businesses that employ low wage earners to shut at midnight! GREAT IDEA! Let's kill one of Dallas' big draws, the lower Greenville avenue bar district. I know people who come in town from other states, other countries, and make it a point to go there to visit places like The Dubliner and San Fransisco Rose. Fantastic idea! Great for the local economy! And as for those a-holes who bought houses in lower Greenville so they could feel relevant and cool as they edge into middle age, thanks for ruining it losers. When the establishments on lower Greenville close up shop and move their business somewhere else (to a place that welcomes the dollars), I hope your pretty lawns enjoy the wind-blown debris from a bunch of vacant lots. Go take a look at parts of East Dallas. That'll help you pick out your new "failing neighborhood" landscaping.

BCulbreath
BCulbreath

7-11 is not 7-12 how could City attorney write an ordinance that closes a retail convenience store that does not sell liquor by the drink ,and who's customers are come and go.They do not remain in store they come into store and leave between the hours of 12-6 AM, not in and remain from 12 AM until 6AM. Only in Dallas would the Government make a 7-11 get an SUP when they had proper zoning to construct store and that zoning included being open 24 hours per day.7-11 has grounds for very successful law suite and grounds to seek damages from first closure losses until.

Pat Boyack
Pat Boyack

Dallas Code Compliance.......yeah, good luck with all that.

rorr
rorr

Is there an authoritative list of businesses that did get SUPs?

Mcdonald Simon
Mcdonald Simon

The Libertine Bar picked up our brand spankin new C/O today.  It's been a hell of a process, but we'll be open til' 2 from here on out!  Come hang out with us!

Guest
Guest

If only these businesses had had the foresight to locate in some place known for its business-friendly climate.

Paul
Paul

Holy c#$p on a cracker ... a code compliance officer on lower Greenville ... and we didn't have any snow this August ...

Maybe they can check on the menus and also check to see if they meet either the 75/25 or the 50/50 rule.

Let's see the City, the landlords and the tenants circumvented the zoning for this area by issuing "Restaurant without Drive Through Service" to businesses that are actually bars and now we have this Mickey Mouse thing called a Planned Development Zone.

I like the way that the baby got thrown out with the bathwater as two of the actually conforming businesses in the area (7-11 and Taco Cabana) now have to get an SUP.

Before any of you get your knickers in a twist about "This is regulating behavior" or "Businesses should be able to do whatever they want" or "Quit complaining, you knew about the bars" or my favorite "This is an 'Entertainment District", forget it.

1) This is a backdoor way of allowing a nonconforming use, specifically a bar, to continue in business without an SUP for a bar.

2) Prior to the the PD overlay, this area was zoned Community Retail and MO-2.  Many of the businesses along this section of lower Greenville are nonconforming to the zoning designation.

3) The surrounding area is zoned primarily R-7.5 and MF-2.  It is a residential neighborhood.

4) There isn't enough parking and the "bars" don't comply with the parking requirements anyway.

5) There is no such designation as an "Entertainment District" under Dallas's zoning system.

6) The police regulate behavior.  They are out in force along lower Greenville and they are plenty busy.

Montemalone
Montemalone

Gotta love business friendly world class city Dallas. I know Broadway closes up for the night at midnight.

Oak Cliff Townie
Oak Cliff Townie

Once you start closing those places at midnight you won't like what shows up in the area after midnight .

Jd
Jd

Wont be long till all of greenvile looks like Avi's house.

Chris Danger
Chris Danger

I have a feeling if the city tries to enforce this on 7/11 or Taco Cabana, theres going to be a serious legal world of hurt coming from both companies. We can all thank Avi griping for years about this issue, because now Greenville Ave will be screwed and so will its businesses.

Nick R.
Nick R.

But the real question is: will the anthropomorphic animal costume be out?

3rd Wheel Marketing
3rd Wheel Marketing

I would normally think between dragging their heels on the construction down there and all this SUP shit that some sort of fix was in - but they did the same thing to deep ellum and no one really benefitted. 

Go ahead and turn tax revenue into abandoned buildings and blight. It will have nice wide sidewalks, so that will make it more pedestrian-friendly blight.

Travis Rex
Travis Rex

That's just what Lower Greenville needs..I'm not sure why anyone would want to have their business there..your Pork Pie "Barking Dog" must be awfully proud of himself.  As least you still got a 7-11 and  Taco Cabana...probably the few places he couldn't chase off, or at least hasn't figured out how..YET.

Paul
Paul

Good Luck!

Mister_Mean
Mister_Mean

I guess that is outside of the city of Dallas.

Guest
Guest

Before any of you get your knickers in a twist about "This is regulating behavior" or "Businesses should be able to do whatever they want"

I'm just saying that we have that hair guy running around talking to anybody who'll listen about how we live in a practically regulation-free environment, but, in reality, there are shit-ton of regulations that businesses have to comply with based solely on state and local laws and regulations and the list keeps getting longer.

I don't have a direct stake in anything that goes on down there, so it's not really for me to decide. But I do, in general, dislike overly restrictive regulations and these SUPs appear to me, as an outsider, to be overly restrictive.

But, at the very least, we need to stop talking about how business-friendly we are while passing all sorts of rules to restrict businesses.

Montemalone
Montemalone

And by the way, I think I'm in love or lust or something with that guy in the 2xist ads.

Taco Cabana Fan
Taco Cabana Fan

Taco Cabana got an SUP last week, and will be there until their lease expires in 2013. They are kinda tired of paying $14,000 per month in rent to the Andres brothers.

Restaurantqualityblender
Restaurantqualityblender

Don't you dare leave out the Observer's poster council person, Angela Hunt. She's had more to do with this inanity than anyone, including Avi.

Howard
Howard

Taco Cabana may not be sticking around once their lease goes up in 2013.

ThatGuy
ThatGuy

For the umpteeth time, the "Barking Dog" was, and is, against the SUP requirement. It's OK to not like Avi, but at least dislike him for factually correct reasons.

Paul
Paul

Hello Surburban Idiot ... in Dallas, regardless of location a bar is required to obtain an SUP even to open.  A bar is defined as a business primarily meant to serve alcoholic beverages.  A "Restaurant without drive through service", depending upon its location, is limited to no more than either 50% or 75% of its gross sales as being derived from alcohol sales and must serve at least six separate and distinct food items.

The source of this problem is that the city issued incorrect COs to businesses or the businesses made false applications for the CO.

The City did attempt to audit the alcohol sales and found out that they couldn't.  Why, I don't know.

The City then came up with this crazy PDZ idea.  For some reason, the City thinks that limiting hours of operation will solve the problem.

Personally, I think that the Andres Brothers want to drive down property values so that they can buy up on the cheap the remaining property that they do not own on this section of Greenville.

Not to far away on Henderson is an Andres Bros. strip development and it does not seem to have any of the problems that their properties do on Greenville.

The other problems with development on Greenville has been remodelings without building permits and encroachments on the public ROW (patios on the sidewalk and pull in parking).  There have even been attempts to open without a CO.

Lower Greenville used to be a nice place to go to for adults.  Now it is not.  One does have to wonder what sort of establishments are there when it is not unusual to see someone coming out headfirst and parallel to the ground.

Chris Danger
Chris Danger

I blame her as well in this case, but it was the impetus of people such as Avi and others in the LGNA who griped, bitched and complained for years about this. They're getting what they deserve..

Jason
Jason

Since you're up on what Barking Dog is for/against, any idea why he is against the SUP requirement?  Seems like it would be right up his alley?  It seems like it would line up with his previous actions against his neighbors and neighborhood.  The whole good bar/bad bar thing?  

This is a genuine question.  Not snark.

Paul
Paul

Planning and zoning is supposed to be impartial.  That is where zoning is in place, commercial, industrial and residential are supposed to be in certain areas.  The theory is that certain types of uses are incompatible and lead to blight and reduction in overall property values and land utilization.

However, in the many times that I have dealt with planning and zoning offices, there is a thin line between personal preference and latitude to the politically connected.

I get very very scared when a person in a planning and zoning office starts talking about "vision" and "goals".  This is where the manipulation and ignorance of fundamental investment goals often comes into to play.

I know of one suburban city that rezoned a commercial area to a mix of community retail and high density multi-family.  The problem is the per-capita income of the area does not create enough wealth and the economics of this high density development is not feasible given the low density surrounding the rezoned area.

The per capita income of this area does not even support very much in the surrounding retail.

When I asked about this the p&z principals said that they had a "vision" for this area.  Their goal was that they wanted it to look like the high density mixed retail/residential areas of Addison.

Check the zoning requirements for your area.  Even for the residential zoned areas the requirements are often quite strict, especially in certain northern suburbs of the Metroplex.

hth

Guest
Guest

I guess I understand the need to have some degree of restriction, but when we're regulating the minimum number of menu items a business is required to have, some people might view that as unnecessary government intrusion into business (one of my favorite restaurants back home didn't have six different menu items. They sold one kind of burger and french fries or onion rings. And they had a line around the block every day at lunchtime, though they had 0% of gross sales in alcohol).

I do recall, though, when a reporter friend of mine used to cover P&Z meetings in one of the suburbs, and I was always amazed by how far the government would go in adding requirements for businesses in order to allow them to open the doors. And then when a developer would come in and want to offer something that certain people were interested in (in one case I remember, it was a mixed use development that's since become all the rage) and the P&Z commission would have to deny it because the thousands of rules didn't allow for a restaurant to share a building with an apartment.

And, on a related note, there's a neighborhood near where my mother-in-law lives that was zoned for townhomes, but when they began trying to develop and pre-sell the neighborhood, they couldn't drum up enough interest in townhomes. The developer went to the city and asked for a rezoning to single family, jumped through a ton of hoops trying to get that done and was ultimately denied. So, they went ahead and just built single-family homes and then threw up a three-foot wide "connector" held up by a cinderblock "wall" that "attaches" each house to the next. Voila. Townhomes. (And it's fighting against this sort of "loophole" that results in the city determining how many menu items a business has to have to be a restaurant).

When every one of those restrictions were passed, the people passing them thought they served an important purpose, but I think it's too easy to come up with new rules and restrictions and far too hard to get rid of them.

Like I said, I'm speaking in generalities. I don't spend time on Lower Greenville.

Guest
Guest

I was under the impression that peeing outside and shooting someone else was already against the law.

J. Erik Jonsson
J. Erik Jonsson

Yeah!  God forbid those stupid neighborhood folks try to make people pee indoors and not shoot each other.  Where do they think they live?  The United States?

ThatGuy
ThatGuy

I learn from what I read here and on the Barking Dogs Blog. I am not an expert on Mr. Dog.  Avi is against the bad bars that got in with fake restaurant Certificates of Occupancy and changed the nature of the Lowest for the worse.  (This part is opinion)  Avi also now does lobbying work Taste of Greenville and some of the "good guy" places down there.  The SUP campaign was a shotgun approach.  To get the bad guys, the good guys would get financially wounded as well.  I really think he was concerned that the good guys would suffer up front due to city fees and hassles.  Or, to take the cynical approach, he's getting paid - I don't know.  I was just clarifying.

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