COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080330

Amending Chapter 12, Code of Ordinances, by repealing Section 12-46, License and permit classifications and fees, and enacting in lieu thereof a new article of like number and subject matter which will adjust the cost of the background fee and make the licensing period of all adult entertainment businesses and adult live entertainment businesses the same.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 12, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 12-46, License and permit classifications and fees, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

Sec. 12-46. License and permit classifications and fees.

(a)   The license or permit year for all fees required for an adult entertainment business and an adult live entertainment business license or permit shall be from each December 1 through November 30. The application for a license or permit shall be accompanied by payment in full of the fee stated in this section, by cash, certified or cashier's check or money order, and no application shall be considered complete until the fee is paid. The fee shall not be refunded under any circumstances.

(b)   The classification of adult entertainment business licenses, adult live entertainment business licenses, and the fees for each, shall be as follows:

(1)    New adult entertainment business license, $500.00 per year; renewal of adult entertainment business license $500.00 per year; New adult cabaret license, $500.00 per year; renewal of adult cabaret license, $500.00 per year.

(c)   The classification of permits for an adult live entertainment business shall be as follows:

(1)    Adult entertainment manager's permit.

(2) Adult live entertainment manager's permit.

(3)    Adult entertainer's permit.

(d) A non-refundable application fee as determined by the Director will be assessed to the applicant to defray the cost of the investigation and application process and the fees set forth in this section shall not be prorated.

Sec. 12-74. Renewal of license or permit.

(a)   An adult live entertainment business license, adult entertainment business license, adult entertainer permit, adult live entertainment manager permit or an adult entertainment manager permit issued under this Article may be renewed by making application to the director on application forms provided for that purpose. Licenses and permits shall expire on November 30 of each calendar year, and renewal applications for such licenses or permits shall be submitted between October 1 and November 1 of each calendar year.

(b)   Upon timely application therefor, an adult live entertainment business license or adult entertainment business license issued under the provisions of this article shall be renewed by issuance of a new license in the manner provided by sections 12-57 unless the commissioner disapproves the renewal application in the manner provided by section 12-58. However, an applicant for a renewal license shall have no duty to request confirmation of compliance with other city ordinances as required in section 12-57, no inspections by other city departments shall be required unless requested by the commissioner or director and the requirements of section 12-56 shall not apply.

(c)   Upon timely application therefor, an adult entertainer permit, an adult live entertainment manager permit or an adult entertainment manager permit issued under the provisions of this Article shall be renewed by issuance of a new permit in the manner provided by sections 12-57(d) and 12-59, unless the commissioner disapproves the renewal application in the manner provided by section 12-59.

(d)   Upon the filing of a timely application for renewal of a license or permit issued under the provisions of this article, the commissioner shall issue a temporary license or permit to the applicant, which temporary license or permit shall remain in effect until the director has approved or disapproved the application. If a hearing is held as required by section 12-58, the temporary license or permit shall remain in effect until the commissioner has issued an order following the hearing. However, if any hearing required by section 12-58 is delayed at the request of the applicant, the temporary license or permit issued under the provisions of this subsection shall expire as of the date the hearing was scheduled by the commissioner, unless the applicant shows good cause for the delay.

(e)   Any applicant issued a temporary license or permit under the provisions of this section shall comply, or continue to comply, with the provisions of this article. Additionally, an applicant issued a temporary license or permit under the provisions of this section shall be subject to the penalty provisions provided in this article.

(f)   If the application for renewal of a license or permit is not made during the time provided in subsections (a) or (b) of this section, the license or permit shall expire and the licensee or permittee shall cease those activities authorized under this article and the licensee or permittee shall file a new application and meet all requirements of this article before engaging in the business or occupations regulated under this article. An application for renewal filed after the expiration date shall be treated as a new application.

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Approved as to form and legality:

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Kathy Adams

Assistant City Attorney