Dallas City Code § 38A-1 PURPOSE.
SEC. 38A-1. PURPOSE.
The purpose of this chapter is to ensure promoted events are operated in a way that safeguards the residents, visitors, and employees attending promoted events. (Ord. 32239)
PROMOTERS
Dallas City Code ch. 38A
in effectDallas City Code § 38A-2 DEFINITIONS.
SEC. 38A-2. DEFINITIONS.
In this chapter:
(1) COMMERCIAL PROMOTER means a person engaged in the business of commercial promotion, publicizing, planning, or production of a promoted event who receives all or a percentage of revenues from the sale of alcohol, food, beverages, fees charged to vendors, or fees charged to the public for admission.
(2) COMMERCIAL PROMOTION includes publicizing, planning, or producing by any means a promoted event by a commercial promoter.
(3) DIRECTOR means the director of the Office of Special Events or the director's designated representative.
(4) OWNER means any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.
(5) PERSON means an individual, corporation, firm, government or governmental subdivision, partnership, joint venture, limited liability company, or other business entity.
(6) PROMOTED EVENT means an indoor commercial event open to the public, or outdoor commercial event with an expected occupancy over 100 that is open to the public.
(A) Promoted events include, but are not limited to:
(i) music or dance shows that may include a disc jockey where fees may be charged to vendors or members of the public for participation or admission; or
(ii) concerts, outdoor activities, and theatrical and other performances where fees are charged to vendors or members of the public for participation or admission.
(B) A promoted event does not include:
(i) an event that requires a special event permit or has been issued a special event permit under Chapter 42A;
(ii) an event that occurs on city-owned property or at a city-owned facility with city permission;
(C) an event that occurs at a location with a valid specific use permit and a certificate of occupancy for a use that allows the event; or
(D) an event that is hosted by and produced for the benefit of a registered 501(c)(3) organization under 26 C.F.R. § 1.501(c)(3).
(7) PROPERTY means real property and personal property.
(8) VENUE OPERATOR means the person with control over a location and property where the action or event occurs. Venue operators may include commercial promoters, business owners, or business operators. (Ord. 32239)
Dallas City Code § 38A-3 COMMERCIAL PROMOTER REGISTRATION.
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, mailing addresses, electronic mailing addresses, and telephone numbers of all partnerships, corporations, or other business entities (including DBAs) associated with the registrant that will appear on any marketing materials advertising, promoting, or producing a promoted event.
(4) The name, street address, mailing address, electronic mailing address, and telephone number of a person or persons who can be contacted 24 hours a day, seven days a week, in the event of an emergency condition involving a promoted event connected to the registrant.
(5) The name, street address, mailing address, electronic mailing address, and telephone number of the registered agent for the registrant, if any.
(6) Tax identification number.
(7) Such additional information as the registrant desires to include or that the director deems necessary to aid in the determination of whether the requested registration should be granted.
(c) A registrant shall notify the director within 30 days after any change in the information contained in the commercial promoter registration.
(d) A commercial promoter registration expires two years from the date of registration. Registrants may renew his or her registration for the next two-year period before the expiration of the current period, but not before 30 days prior to expiration. (Ord. 32239)
Dallas City Code § 38A-4 COMMERCIAL PROMOTER REGISTRATION FEE.
SEC. 38A-4. COMMERCIAL PROMOTER REGISTRATION FEE.
A fee of $175.00 must be paid to the Office of Special Events at the time of commercial promoter registration or renewal. The registration fee must be paid before an application is deemed complete. (Ord. 32239)
Dallas City Code § 38A-5 SAFETY PLAN REQUIRED.
SEC. 38A-5. SAFETY PLAN REQUIRED.
(a) In general. Promoted events must comply with the general safety plan or the event-specific safety plan on file with the director. The venue operator and the commercial promoter are responsible for operating a promoted event in compliance with a filed safety plan.
(b) General safety plan.
(1) A venue operator may file a general safety plan with the director that complies with Section 38A-6. A general safety plan may only serve as the safety plan for promoted events at the venue specified in the plan and for the type of promoted event specified in the plan.
(2) A general safety plan must be signed by the venue operator.
(3) A complete general safety plan must be submitted to the director at least 14 days before the first promoted event at the venue location using a general safety plan.
(c) Event-specific safety plan.
(1) If a venue does not have a general safety plan on file with the director, or if a promoted event deviates in any way from the general safety plan on file, the venue operator or commercial promoter must file an event-specific safety plan with the director that complies with Section 38A-6. An event-specific safety plan may only serve as the safety plan for the promoted event specified by date, time, and location in the plan.
(2) An event-specific safety plan must be signed by the venue operator and the commercial promoter.
(3) A complete event-specific safety plan must be submitted to the director at least five business days prior to the promoted event.
(d) Availability. The safety plan must be kept on-site during the duration of each promoted event and be made immediately available upon request by a representative of the city. (Ord. 32239 )
Dallas City Code § 38A-6 SAFETY PLAN REQUIREMENTS.
SEC. 38A-6. SAFETY PLAN REQUIREMENTS.
A safety plan must include the following:
(1) The legal name, street address, mailing address, electronic mailing address, and telephone number of the property owner, venue operator, and any commercial promoters operating at the venue.
(2) The registration number for each commercial promoter operating at the venue.
(3) Street address of the promoted event.
(4) Date(s) of the promoted event (for event-specific safety plans).
(5) The promoted event beginning and ending times (for event-specific safety plans).
(6) A description of the promoted event, including activities, programming, entertainment, and all vendors.
(7) Maximum occupancy of indoor or outdoor spaces pursuant to the Chapter 16, "Dallas Fire Code," or Chapter 52, "Administrative Procedures for the Construction Codes of the Dallas City Code."
(8) Maximum total number of tickets to be sold.
(9) Expected total attendance and maximum expected attendance at any given time.
(10) Parking, including service vehicle loading/unloading and any valet services used.
(11) A description of any infrastructure built in connection with the promoted event such as stages and booths including the names and contact information for all contractors and other responsible parties building the infrastructure.
(12) Set-up and tear-down process and post-event outdoor clean-up plan.
(13) A crowd management plan that includes:
(A) the number, location, and responsibilities of crowd management personnel;
(B) all ingress, egress, and circulation of vehicular and pedestrian traffic, including emergency access for emergency responders;
(C) outdoor queuing for event entry;
(D) indoor queuing for food, beverages, merchandise, etc.; and
(E) any information required by Chapter 16, "Dallas Fire Code."
(14) A security management plan that includes:
(A) the number, location (inside and outside), and responsibilities of security personnel, including the provider/agency and command structure;
(B) the hours security personnel will be on site; and
(C) incident report procedures.
(15) First aid and medical information that includes:
(A) name of providers, including command structure;
(B) number and location of personnel and first aid and medical stations;
(C) location of signage directing the public to first aid and medical stations; and
(D) accident/incident report procedures.
(16) If the promoted event includes alcohol, provide the Texas Alcoholic Beverage Commission license/permit number or specify if patrons may bring their own alcohol.
(17) Noise abatement strategies.
(18) The number and location of metal detectors, if any.
(19) Whether pyrotechnics will be included in the promoted event.
(20) Emergency contingencies, including event stoppage and evacuation. (Ord. 32239)
Dallas City Code § 38A-7 SUSPENSION.
SEC. 38A-7. SUSPENSION.
The director may suspend a commercial promoter registration if the registrant has received, within the preceding 60 days, two or more notices of violation or citations related to lack of compliance with a safety plan or this chapter. A person may not submit a new registration application while his or her registration is suspended. (Ord. 32239)
Dallas City Code § 38A-8 EMERGENCY RESPONSE COST RECOVERY.
SEC. 38A-8. EMERGENCY RESPONSE COST RECOVERY.
(a) Purpose. This section is intended to protect the city from extraordinary operational and financial burdens resulting from the use of city resources in response to certain public safety incidents, demands for services, and criminal activity related to commercial promoter events in violation of this chapter. Emergency response cost recovery may only be used to preserve city resources and, to the extent permitted by law, allow emergency response cost recovery from the responsible party.
(b) Definitions. In this section:
(1) EMERGENCY RESPONSE means the provision, sending, or utilization of public service, police, firefighting, paramedics, rescue service, or any other agent of the city at a promoted event.
(2) EXPENSE OF AN EMERGENCY RESPONSE means the direct and reasonable costs incurred by the city, or by a private person, corporation, or other entity operating at the request of or direction of the city, through the extraordinary use of public services, when making an emergency response to the promoted event, including the costs of providing police, firefighting, paramedics, or rescue services at the promoted event. These costs further include but are not limited to all of the salaries, wages, workers' compensation benefits, and fringe benefits of the city personnel responding to the incident; all salaries, wages, workers' compensation benefits, and fringe benefits of the city personnel engaged in investigation, supervision, and preparation of post-incident reports; cost of equipment operation, cost of materials obtained directly by the city, cost of any labor or materials, and any property damage.
(3) RESPONSIBLE PARTY means:
(A) any person that is responsible for, in whole or in part, or holds or promotes a promoted event, or allows a promoted event to be held, that did not use a commercial promoter registered with the city;
(B) a person that is responsible for, in whole or in part, or holds or promotes a promoted event, or allows a promoted event to be held, with a commercial promoter registered without an approved safety plan or in violation of an approved safety plan; or
(C) a person that owns the property where the emergency response is necessary.
(c) Liability for expenses of emergency response. Any responsible party who is responsible for or contributes to any circumstance that results in an emergency response is liable for damages in the amount of the expense of the emergency response. The city may pursue cost recovery fees and expenses for an emergency response in connection with a promoted event that:
(1) is promoted by a person who is not registered as a commercial promoter with the city; or
(2) operates without an approved safety plan or in violation of an approved safety plan.
(d) Enforcement, billing, and collection of emergency response costs. Any responsible party who is liable for the expense of an emergency response will be in default if the responsible party fails to reimburse the city within 30 days of receiving notice of the expense of the emergency response. The city will pursue collection if the responsible party who is liable for the expense of an emergency response refuses to reimburse the city. (Ord. 32239 )
Dallas City Code § 38A-9 OFFENSES.
SEC. 38A-9. OFFENSES.
(a) A person commits an offense if the person promotes or conducts a promoted event, or allows a promoted event to be held:
(1) while not registered in compliance with this chapter;
(2) without an approved safety plan; or
(3) in violation of an approved safety plan.
(b) A person commits an offense if he or she is the individual named as the contact person for the promoted event and fails to meet police officers or code enforcement officers at the site of the promoted event within one hour of being contacted by a representative of the city by telephone or email.
(c) The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.
(d) This chapter may be enforced by the director of the office of special events, the director of the department of code compliance, the chief of police, the fire chief, or their designated representatives. (Ord. 32239)
Dallas City Code § 38A-10 PENALTY.
SEC. 38A-10. PENALTY.
(a) Each offense is punishable by a fine not to exceed:
(1) $2,000 for a violation of a provision of this chapter or a requirement of a permit governing fire safety, zoning, or public health and sanitation; or
(2) $500 for all other violations of this chapter.
(b) A person who violates a provision of this chapter or a requirement of a safety plan under this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed or continued. (Ord. 32239)
Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-127755Fetched: 10/26/2026