ORDfNANCENO

Transcription

1 ORDfNANCENO An ordinance amending Chapter 51, Dallas Development Code: Ordinance No , as amended, and Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code by amending Sections , 51A A , and 51A ; providing amended definitions; providing that all alternative financial establishments must be a main use only; deleting the spacing requirement from expressways; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, the city plan commission and the city council, in accordance with the Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given the required notices and have held the required public hearings regarding this amendment to the Dallas City Code; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Subparagraph (A) of Paragraph (3), Bank or Savings and Loan Office, with or without Drive-In Window, of Section , Professional, Personal Service, and Custom Crafts Uses, of Division , Use Regulations, of Article IV, Zoning Regulations, of Chapter 51, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is to read as follows: (A) Definition: A facility for the extension of credit and the custody, loan, or exchange of money. A bank or savings and loan office, with or without drive-in window includes regulated lenders licensed in accordance with Chapter 342 of the Texas Finance Code, but does not include such lenders that also offer services as a credit access business under Chapter 393 of the Texas Finance Code. Page 1

2 SECTION 2. That Romanette (i) of Subparagraph (A) of Paragraph (25), Alternative Financial Establishment, of Section , Professional, Personal Service, and Custom Crafts Uses, of Division , Use Regulations, of Article IV, Zoning Regulations, of Code is to read as follows: (i) ALTERNATIVE FINANCiAL ESTABLISHMENT means a car title loan business[, check cashing business,] or money services [transfer] business. An alternative financial establishment does not include state or federally chartered banks, community development financial institutions, savings and loans, [4] credit unions regulated lenders licensed in accordance with Chapter 342 of the Texas Finance Code. If a regulated lender licensed in accordance with Chapter 342 of the Texas Finance Code also offers services as a credit access business under Chapter 393 of the Texas Finance Code, that business is an alternative financial establishment. alternative financial establishment does not include an establishment that provides financial services that are accessory to another main use.] SECTION 3. That Romanette (iii) of Subparagraph (A) of Paragraph (25), Alternative Financial Establishment, of Section , Professional, Personal Service, and Custom Crafts Uses, of Division , Use Regulations, of Article IV, Zoning Regulations, of Code is to read as follows: (iii) MONEY SERVICES [CHECK CASHING] BUSiNESS means a business that provides or assists a consumer in obtaining a [check cashing,] payday cash advance, payroll advance, short-term cash loan, short term cash advance, instant payday cash advance, short-term money loan services, or similar services to individuals for a specified fee. SECTION 4. That Romanette (iv) of Subparagraph (A) of Paragraph (25), Alternative Financial Establishment, of Section , Professional, Personal Service, and Custom Crafts Uses, of Division , Use Regulations, of Article IV, Zoning Regulations, of Code is deleted as follows: Page 2

3 [i-v MONEY TRANSFER BUSINESS means an establishment funds for a fee.] SECTION 5. That Romanette (iii) of Subparagraph (E) of Paragraph (25), Alternative Financial Establishment, of Section , Professional, Personal Service, and Custom Crafts Uses, of Division , Use Regulations, of Article IV, Zoning Regulations, of Code is to read as follows: (iii) An alternative financial establishment may only be a main use that requires a specific use permit and a certificate of occupancy. An alternative financial establishment may not be an accessory use within the meaning of Section 51A [No alternative financial establishment may be located within 500 feet of an expressway or new expressway as defined in Section 5 là 7.102, measured from the property line of the alternative financial establishment to the nearest expressway or new expressway travel lane.] SECTION 6. That Romanette (iv) of Subparagraph (E) of Paragraph (25), Alternative Financial Establishment, of Section , Professional, Personal Service, and Custom Crafts Uses, of Division , Use Regulations, of Article IV, Zoning Regulations, of Code is deleted as follows: [ir An alternative financial establishment may only operate within a freestanding building and may not operate in the same structure as any other use.] SECTION 7. That Romanette (i) of Subparagraph (A) of Paragraph (1), Alternative Financial Establishment, of Section 51A-4.207, Office Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Page 3

4 Page (i) ALTERNATIVE FINANCIAL ESTABLISHMENT means a car title loan business[, check cashing business,] or money services [fransfer] business. An alternative financial establishment does not include state or federally chartered banks, community development financial institutions, savings and loans, [and] credit unions regulated lenders licensed in accordance with Chapter 342 of the Texas Finance Code. If a regulated lender licensed in accordance with Chapter 342 of the Texas Finance Code also offers services as a credit access business under Chapter 393 of the Texas Finance Code, that business is an alternative financial establishment. [An alternative financial establishment does not include an establishment that provides financial services that are accessory to another main use.] SECTION 8. That Romanette (iii) of Subparagraph (A) of Paragraph (1), Alternative Financial Establishment, of Section 51A-4.207, Office Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 51 A, Dallas Development Code: (iii) MONEY SERVICES [CHECK CASHING] BUSINESS means a business that provides or assists a consumer in obtaining a [check cashing,] payday cash advance, payroll advance, short-term cash loan, short term cash advance, instant payday cash advance, short-term money loan services, or similar services to individuals for a specified fee. SECTION 9. That Romanette (iv) of Subparagraph (A) of Paragraph (1), Alternative Financial Esablishment, of Section 51A-4.207, Office Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: [Ei MONEY TRANSFER BUSINESS means an estabiisnment LI1tLL transmits funds for a fee.] SECTION 10. That Romanette (iii) of Subparagraph (E) of Paragraph (1), Alternative Financial Establishment, of Section 51A-4.207, Office Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: 4

5 Page (iii) An alternative financial establishment may only be a main use that requires a specific use permit and a certificate of occupancy. An alternative financial establishment may not be an accessory use within the meaning of Section 51 A [No alternative financial establishment may be located within 500 feet of an expressway or new expressway as defined in Section 5 1A 7.102, measured from the property line of the alternative financial establishment to the nearest expressway or new expressway travel lane.] SECTION 11. That Romanette (iv) of Subparagraph (E) of Paragraph (1), Alternative Financial Establishment, of Section 51A-4.207, Office Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 5 1A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is deleted as follows: [(iv) An alternative financial establishment may only operate within a freestanding building and may not operate in the same structure as any other use.] SECTION 12. That Subparagraph (A) of Paragraph (2), Financial Institution without Drive-In Window, of Section 5lA-4.207, Office Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 5 la, Dallas Development Code: Definition: A facility for the extension of credit and the custody, (A) loan, or exchange of money which does not provide drive-in window service for customers. A financial institution without drive-in window includes regulated lenders licensed in accordance with Chapter 342 of the Texas Finance Code, but does not include lenders that also offer any services as credit access businesses under Chapter 393 of the Texas Finance Code. SECTION 13. That Subparagraph (A) of Paragraph (3), Financial Institution with Drive-In Window, of Section 5lA-4.207, Office Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 5lA, Dallas Development Code: 5

6 (A) Definition: A facility for the extension of credit and the custody, loan, or exchange of money which provides drive-in window service for customers in motor vehicles. A financial institution with drive-in window includes regulated lenders licensed in accordance with Chapter 342 of the Texas Finance Code, but does not include lenders that also offer any services as credit access businesses under Chapter 393 of the Texas Finance Code. SECTION 14. That Paragraph (6), Check Cashing, of Section 5lA-l3.201, Defined Terms, of Division 5lA-l3.200, Definitions, of Article XIII, Form Districts, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: (6) MONEY SERVICES BUSiNESS [CHECK CASHING] means a business that provides [check cashing,] payday cash advance, payroll advance, short-term cash loan, instant payday cash advance, and short-term money loan services to individuals for a specified fee. SECTION 15. That Romanette (iii), Examples of Prohibited Uses, of Subparagraph (C), Retail Sales, of Paragraph (5), Retail Use Categories, of Subsection (d), Use Categories, of Section 51A , Uses, of Division 51A , District Regulations, of Article XIII, Form Districts, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: (iii) Examples of Prohibited Uses. Money Services Business [Check cashing]. Pawnshop. SECTION 16. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 17. That Chapters 51 and 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 18. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended. Page 6

7 Page SECTION 19. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: WARREN M.S. ERNST, City Attorney By Assistant City Attorney Passed DEC to

8 PROOF OF PUBLICATION - LEGAL ADVERTISING The legal advertisement required for the noted ordinance was published in the Dallas Morning News, the official newspaper of the city, as required by law, and the Dallas City Charter, Chapter XVIII, Section 7. DATE ADOPTED BY CITY COUNCIL DEC ORDINANCE NUMBER DATE PUBLISHED flf I 2014 ATTESTED BY: OFFICE OF CITY SECRETARY W:\PROOF OF PUBLICATION.docx