ORDINANCE NO. 060120
Amending Chapter 10, Code of
Ordinances, by repealing Section 10-332, Prohibited acts by all retail
licensees, and enacting in lieu thereof, a new section of like number and
subject matter concerning disorderliness, indecency or obscenity on the
premises of a licensed establishment in the City of Kansas City, Missouri.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 10, Code of Ordinances of the City of KansasCity, Missouri, is hereby
amended by repealing Section 10-332, Prohibited acts by all retail licensees,
and enacting in lieu thereof, a new section of like number and subject matter
Sec. 10-332. Prohibited acts
by all retail licensees.
(a)
Sales to minors or intoxicated persons. No retail
licensee, nor employee of the licensee, shall allow any alcoholic beverages to
be sold, given or otherwise supplied upon the licensed premises to any person
who is under of 21 years of age, or to a habitual drunkard, or to any person
who is intoxicated or who is actually or apparently under the influence of
alcoholic beverage.
(b)
Consumption by minors. No retail licensee, nor
employee of the licensee, shall allow any person under 21 years of age to
consume alcoholic beverages upon the licensed premises.
(c)
Sale for off-premise consumption. No retail licensee,
nor employee of the licensee shall sell for off-premise consumption any glass
bottle containing more than 30 ounces of malt liquor or nonintoxicating beer
that is chilled or refrigerated to a temperature that is below room temperature
of the licensed premises.
(d)
Serving or delivering in vehicles. No retail
licensee, nor employee of the licensee, shall sell or serve any alcoholic
beverage to any person while the person is operating or is a passenger in or on
any motor vehicle.
(e)
Prostitution. No retail licensee, nor employee of the
licensee, shall allow upon the licensed premises any act of prostitution as
defined in the prostitution chapter of the Missouri Criminal Code, including
the solicitation for prostitution.
(f)
Unauthorized sale of property. No retail licensee,
nor employee of the licensee, shall allow any person to offer for sale or sell
any personal property upon the licensed premises unless the sale of the
property has been authorized by the licensee or the manager or person in charge
of the licensed premises.
(g)
Disorderliness, indecency or obscenity. Upon the
licensed premises, no retail licensee, nor employee of the licensee, shall:
(1) Fail to immediately prevent or suppress any
violent quarrel or disorder, brawl, fight or any other act or conduct
prohibited or declared to be unlawful by this chapter.
(2) Allow language, conduct or songs calculated to
provoke a breach of the peace, or obscene literature, entertainment or
advertising material.
(3) Allow any employee, entertainer or customer to
perform a dance of any kind upon a bar, table or any other place used for
serving food or beverages.
(4) Allow any person to be unclothed, or in
less-than-opaque attire, costume or clothing, so as to expose to view human
genitals, pubic region or pubic hair, or buttocks, female breast or breasts
below a point immediately above the top of the areola, or any combination of
the foregoing, or human male genitals in a discernibly erect state, even if
completely and opaquely covered, except as otherwise provided by this chapter.
(5) Allow the performance of any acts of sexual
conduct, including actual or simulated, normal or perverted acts of human
masturbation; deviate sexual intercourse; sexual intercourse; or physical
contact in an act of apparent sexual stimulation or gratification, with a
person's clothed or unclothed genitals, pubic area, buttocks, or the breast of
the female; or any sadomasochistic abuse or acts including animals or latent
objects in an act of apparent sexual stimulation or gratification, as the terms
are defined in the pornography and related offenses chapter of the Missouri
Criminal Code.
(6) Allow the display of films or videotapes
showing persons unclothed as described in subsection (g)(4) of this section, or
allow the display of pictures, films, videotapes or other material depicting
acts prohibited by subsection (g)(5) of this section.
(h)
Storing off-licensed premises. No retail licensee
shall store any alcoholic beverage off or outside of the licensed premises
unless written request therefor is filed with the director, and written
approval is issued by the director; except that a licensee may store alcoholic
beverages in a bonded warehouse or central warehouse, if he has first notified
the director in writing of his intention to do so.
(i)
Unlicensed beverages on premises. No retail licensee,
nor employee of the licensee, shall allow upon the licensed premises any
alcoholic beverages except the types the licensee is licensed to sell upon
those premises.
(j)
Illegal drugs. No retail licensee, nor employee of
the licensee, shall possess, store, sell or offer for sale, give away,
distribute or deliver any controlled substance or illegal drug or narcotic, as
defined in the Missouri Comprehensive Drug Control Act, or similar statutes,
upon the licensed premises, nor shall any licensee or employee allow any other
person to engage in any of these acts upon the licensed premises.
(k)
Illegal gambling. No retail licensee, nor employee of
the licensee, shall participate or engage in illegal gambling or violate any
federal or state laws in connection with gambling, upon the licensed premises,
nor shall any licensee or employee allow any other person to engage in any of
these acts upon the licensed premises.
(l)
Illegally purchased alcoholic beverages. No retail
licensee, nor employee of the licensee, shall allow on or about the licensed
premises any alcoholic beverage which he has purchased or secured in violation
of any city ordinance, or local, state or federal law.
(m)
Entertainment on premises. No retail licensee, nor
employee of the licensee, shall allow on or about the licensed premises any
entertainment unless written application therefor is filed with the director,
and written approval is issued by the director. The term "entertainment,"
as used in this chapter, shall include but shall not be limited to jukeboxes,
pool tables, video and pinball machines, live musicians, semi nude dancing, and
stage shows or contests. Any form of entertainment, live exhibition,
performance or dance characterized by exposure of specified anatomical areas
as that term is defined in Section 80-20, or dance performed by a performer
who is nude behind an opaque barrier, shall be prohibited unless the licensed
location first complies with the zoning requirements set forth under Section
80-156.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
K. Adams
Assistant City Attorney