COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 120216, AS AMENDED
Amending
Chapter 50, Code of Ordinances by enacting a new Article XII entitled “Major
Sporting Event Districts” to provide for the issuance of licenses and permits
within a Major Sporting Event District.
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter
50, Code of Ordinances is amended by enacting a new Article XII entitled “Major
Sporting Event Districts” to read as follows:
ARTICLE XII.
MAJOR SPORTING EVENT
DISTRICTS
Sec.
50-475. Intent and Purpose.
The Major Sporting Event District License is intended to regulate
temporary uses, activities, events and signs related to large-scale sporting
events or functions held or conducted within the Major Sporting Event District,
and to coordinate Permits typically associated with this type of event or
function. The purpose of the Major Sporting Event District License is to engage
in a comprehensive review of such large-scale events or functions to ensure
that they enhance the aesthetic appeal of the City and do not create an adverse
impact upon the City’s public health, safety and welfare, or the physical
environment in areas in which the City has expended significant resources to
enhance tourism and the visitor experience and which are characterized by high
traffic and periodic influxes of large numbers of persons. The creation of a
Major Sporting Event District License will be beneficial to the City by helping
organizers of Major Sporting Events by providing them with assistance and
guidance in obtaining permits and services necessary to produce a quality event
that contributes to the quality of life for all residents of the City.
Sec. 50-476. Definitions.
For purposes of this
article, the following words shall be defined as follows:
Affiliate means a
person or entity that is controlled by an Applicant or Holder, which controls
an Applicant or Holder or which is under common control with an Applicant or
Holder, as certified in writing by an Applicant or Holder.
Applicant means
any Person requesting a Major Sporting Event License by filing an Application.
Application means
an application presented to the City for a Major Sporting Event District
License, the requirements of which are more fully set forth in this Article.
Assignee(s) means
an Affiliate, tenant, concessionaire or any other Person to whom the Holder
assigns (a) the Major Sporting Event District License, or (b) one or more
specific Permits issued under the Major Sporting Event District License.
Banner means a
strip of cloth, vinyl, plastic or combination thereof upon which there appears
a sign or message.
Holder means any
Person granted a Major Sporting Event License.
Major Sporting Event means
an event or other function centered on a professional or amateur sporting event
expected to draw at least thirty-five thousand (35,000) or more persons to two
(2) or more venues within the Major Sporting Event District for two (2) or more
public event days.
Major Sporting Event
District means all public and private areas in which a Major Sporting Event
occurs as requested in the Application for a Major Sporting Event District
License, and shall also include all public property located within a one (1)
mile radius from the property boundaries of the areas designated in the Application.
If the event includes activities at one (1) or more stadiums within the City,
all such stadiums and associated parking lots are included in the Major
Sporting Event District and the one (1) mile radius shall begin at the outside
boundary of the real property upon which such stadiums and associated parking
lots are located.
Major Sporting Event
District License means a license held by a Holder for a Major Sporting
Event under which various Permits may be issued by the City.
Memorandum of Understanding means an agreement entered into by the City and the
Board of Parks and Recreation Commissioners pursuant to which (a) standards for
(1) use of parks, boulevards and other property under the control of the Board
of Parks and Recreation Commissioners, and (2) design criteria for banners to
be located on boulevards or streets under the control of the Board of Parks and
Recreation Commissioners, are established, and (b) the Board of Parks and
Recreation Commissioners authorizes the issuing authority of the City that
would be responsible hereunder for issuing any Permit in connection with the
Major Sporting Event District License that are not under the control of the
Board of Parks and Recreation Commissioners to also issue such Permits, in
accordance with the standards and design criteria set forth in the Memorandum
of Understanding, for areas used in connection with a Major Sporting Event
District License that are under the control of the Board of Parks and
Recreation Commissioners.
Permit means the
right to use public property, as well as any sidewalk, banner, encroachment or
street closure permit or any other City permit or license now or hereafter
required to operate within the City, including property controlled by the City
Parks and Recreation Department.
Person means an
individual, firm, association, partnership, limited liability company,
corporation or any other organization or legal entity.
Portable Structure means
any temporary structure including enclosures that are covered with fabric or
another type of membrane, are either inflatable or of rigid construction,
and/or serve as a shelter or barricade and include canopies and air-supported,
air-inflated, tensioned membrane structures or of rigid construction, temporary
fencing and barricades, as well as conventional tents, sheds, shelters,
trailers, mobile facilities, bleacher, riser, grandstands, and kiosks.
Right-of-way means
an area of land designated and reserved for public travel whether vehicular or
pedestrian and includes a street, a median, a boulevard, a parkway, pedestrian
sidewalk and bikeway.
Sampling means to knowingly distribute or furnish without charge, or cause to be
furnished or distributed without charge any goods, coupons, literature or
brochures advertising commercial goods or services, wares, merchandise,
flowers, horticultural products, food or beverages from a table, wagon,
pushcart, handcart or other non-motorized vehicle, or from a pack, basket or
similar container, hand held display or from an individual.
Term means the
length of time requested by the Applicant to be the term of the Major Sporting
Event License, but in no event can the Term of a Major Sporting Event License
extend for more than ten (10) days prior to the Major Sporting Event and for
more than seven (7) days after the Major Sporting Event; provided, however,
that the time period for the placement and maintenance of temporary banners
within the Major Sporting Event District shall begin thirty (30) days prior to
the Major Sporting Event and shall end seven (7) days after the Major Sporting
Event.
Sec. 50-477. Permits issued in connection
with a Major Sporting Event District
License.
In connection with the issuance of a Major Sporting Event District
License, and in addition to any other Permits authorized under the code of
ordinances, the following types of Permits are authorized to be issued for the
following limited purposes and by the following listed authorities. The term of
the Permits issued in connection with the Major Sporting Event License shall be
the same as the Term of the Major Sporting Event License.
Permits
|
Limited Purpose
|
Issuing Authority
|
Sidewalk business
|
Allowing the temporary placement of tables, chairs,
umbrella, shade structures, stands, kiosks and furnishings in connection with
the sale of beverages and/or merchandise in or upon any public sidewalk
|
Director of neighborhood
and community services
|
Food service
|
Allowing the temporary placement of tables, chairs,
umbrella, shade structures, stands, kiosks and furnishings in connection with
the consumption of food in or upon any public sidewalk
|
Director of health
|
Banner
|
Allowing the temporary placement of banners on city streetlight poles and other such facilities in the public right
of way
|
Director of public works or Director of parks and recreation, as applicable
[No Municipal Arts Commission approval is required
for a Banner Permit issued under a Major Sporting Event License.]
|
Encroachment
|
Allowing the deposit, maintenance, construction or
placement of any structure, material, article, substance or decoration or
thing on, in or above any street, curb, gutter, park, parkway, sidewalk or
public place of the city, not including banner or items allowed under a
sidewalk business permit
|
Director of city
development or Director of parks and recreation, as applicable
|
Street closure
|
Allowing the closing of public streets, sidewalks or
other public right of way necessary, in the opinion of the issuing authority,
for construction, maintenance, or for the protection of public health or
safety or other special condition.
|
Director of public works
|
Parade, procession, or race
|
Allowing any race, parade or block party
|
Director of public works
|
Traffic control
|
Allowing the
closure of any street, sidewalk or other city-maintained public right
of way
|
Director of public works
|
Any necessary permits from the Parks and Recreation
Department
|
|
Director of parks and recreation
|
Sec. 50-478. Applications.
(a)
Major Sporting Event District License. An Applicant may
apply for a Major Sporting Event District License which entitles the Holder
thereof to apply for and hold any of the Permits listed above. The Applicant
must submit an Application to the City Manager on a form approved by him or
her, accompanied by proof of payment of the annual fee set forth in section
50-482. The Holder may assign the Major Sporting Event District License or any
Permits issued thereunder to its Assignees.
(b)
The City Manager may appoint an official or employee to oversee the
Application process, the issuance of any related Permits, the operation of the
Major Sporting Event, and any other necessary functions required by the City
under this Ordinance.
(c)
The City Manager or the City Manager’s appointee will assist Applicants
by coordinating government agencies that have duties related to the Major
Sporting Event District License as well as assisting Applicants with obtaining
necessary Permits from other city departments.
(d)
The City Manager or the City Manager’s appointee shall forward all
information relating to the necessary Permits to the appropriate issuing
authority for consideration and issuance, who shall promptly review such
information.
(e)
The City Manager or the City Manager’s appointee will coordinate with
all other governmental units and entities, including federal and state
governments and agencies, which regulate and oversee any necessary function
associated with the Major Sporting Event.
(f)
Not later than fifteen (15) days after receipt of an Application, the
City Manager shall cause the City to enter into a Memorandum of Understanding
with the Board of Parks and Recreation Commissioners.
(g)
Content of Application. An Application for a Major Sporting Event
District License shall be made on a form prescribed by the City Manager or the
City Manager’s appointee and shall contain the following information, together
with any additional information which the City Manager or the City Manager’s
appointee may determine reasonably appropriate from time to time:
(1)
Name of
Applicant and general nature of the Major Sporting Event;
(2)
Anticipated
attendance numbers;
(3)
Site plan indicating the location
of proposed events within the Major Sporting Event District and boundaries; and
(4)
Dates and
beginning and ending times of the proposed events.
Sec. 50-479. Conditions of
issuance/operations for all Major Sporting Event
District Licenses.
In connection with the issuance of
or its operations under the Major Sporting Event District License, the Holder
must:
(1)
Comply with
all applicable laws.
(2)
Make all Permits issued under this
ordinance available for inspection by city officials and the public upon
request at the designated business office of the Holder during business hours.
(3)
Obtain a
certificate of insurance from a company approved by the director of the
department responsible for risk management evidencing that the property is
insured under a comprehensive general liability and property damage policy in
such amount and form as determined by the director based upon the scope of the
event and the apparent risks involved in the event and its activities, showing
the City, its officials, officers and employees as additional insureds.
(4)
Remove all property placed in the
right of way by the Holder upon expiration of any Permit. During the Term, the
Holder must remove all damaged or deteriorated property and may replace it with
the same or substantially similar property. If the Holder fails to remove the
property within a reasonable time after expiration of the Permit or license, or
within a reasonable time after notification by the City that the property or a
banner is damaged or deteriorated, then the City may remove the property
without notice and charge the Holder its costs to remove the property. Upon
removal by the City, title to all materials which have been removed, shall vest
in City.
Sec. 50-480. Restrictions on Other Permits.
Other than an Assignee of the
Holder, no other Permit holders are allowed to operate within the Major
Sporting Event District without holding a Major Sporting Event District License
and the related Permits.
(1)
No person shall engage in sampling
within the Major Sporting Event District during the Term except the Holder or
its Assignee.
(2)
All structures related to sampling
must comply with the Kansas City Missouri Food Code, Article III, Section
30-71.
(3)
No person shall erect or cause to
be erected any portable structure within a Major Sporting Event District during
the Term except the Holder or its Assignee.
(4)
After a Major
Sporting Event District License has been issued, no new Permits (except Permits
issued to the Holder in connection with the Major Sporting Event District
License) shall be issued within the Major Sporting Event District during the
Term.
Sec. 50-481.
Temporary Commercial Signage and Structures.
(a) Except for the Holder or its
Assignee as authorized hereunder, it shall be unlawful for any Person to erect,
place, set, deposit or maintain any Temporary Commercial Sign or Structure in
the Major Sporting Event District during the Term.
(b) The term “Temporary
Commercial Sign or Structure” means any temporary commercial: sign, banner,
wall banner, window sign, iconic structure, sidewalk decal, sticker or other
structure on public property or on private property open to public view from
public property, including, but not limited to, parking lots, that includes any
reference to a commercial product, display of a commercial logo, symbol or
mark, or other similar commercial advertising.
Sec. 50-482. Fees.
The total annual fee for a Major
Sporting Event District License issued to a single Applicant in a specific
Major Sporting Event District under this section shall be $5,000, due on May 1
of each year, regardless of the number of Applications submitted or Permits
issued during the year.
___________________________________________
Approved
as to form and legality:
______________________________
William
Geary
City
Attorney