ORDINANCE NO. 041372
Amending Chapter 10, Code of Ordinances, by repealing
Section 10-36, Denial, suspension or revocation of license or permit, and
enacting a new section of like number and subject matter.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 10, Code of Ordinances
of the City of Kansas City, Missouri, is hereby amended by repealing Section
10-36, Denial, suspension or revocation of license or permit, and enacting a
new section of like number and subject matter, to read as follows:
Sec. 10-36. Denial, suspension or revocation of license or
permit.
(a) Grounds. Whenever it shall be shown or
whenever the director has knowledge that:
(1) A licensee or
permittee under this chapter has not at all times maintained an orderly place;
(2) The licensee or
any employee, agent or servant of the licensee has violated any of the
provisions of this chapter;
(3) The license or
permit issued under this chapter was obtained through materially false
statements in the application for an original license or permit or the renewal
or transfer of location of an existing license, or for change of ownership or
change in management or control of the business;
(4)
The licensee or permittee failed to
make a complete disclosure of all pertinent information in the application for
original license or permit or the renewal or transfer of location of an
existing license, or for change of ownership or change in management or control
of the business under this chapter;
(5) The licensee,
since the issuance of the license, has ceased to be the person actually engaged
in the active control and management of the particular establishment for which
the license was issued;
(6) Anything has
occurred which would render the licensee or permittee or licensed premises
ineligible or unsuitable for a license or permit under the provisions of this
chapter;
then the director shall, in the case of an application for
an original license or permit or the renewal or transfer of location of an
existing license, or for change of ownership or change in management or control
of the business under this chapter, disapprove the application, or may, in the
case of an existing license or permit issued under this chapter, request a
hearing before the board to consider whether to suspend for a period not to
exceed 90 days, or revoke, the license or permit. The failure of any employee
to secure a proper permit, as required by this chapter, shall be grounds for
suspension or revocation of the retail license unless it can be shown by the
retail licensee that the retail licensee had no knowledge of the violation and
did not contribute thereto.
(b) Effect of revocation. Whenever any license
or permit shall be revoked under the terms and provisions of this chapter, the
licensee shall not thereafter be eligible for any license issued under this
chapter at the location that the license was revoked; provided, however, in the
case of the revocation of an employee's permit, the director shall have the
discretion thereafter to reissue the permit.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
K. Adams
Assistant City Attorney