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.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney