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.

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Approved as to form and legality:

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Kathy K. Adams

Assistant City Attorney