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.

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.

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Approved as to form and legality:

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William Geary

City Attorney