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Legislation #: 091063 Introduction Date: 12/17/2009
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FUNKHOUSER
Title: Establishing the Public Accommodations Oversight Commission for the purposes of assisting the City in its monitoring of compliance with the City’s public accommodations laws and advising the City on actions it should take in response to potential violations; and containing a sunset provision.

Legislation History
DateMinutesDescription
12/18/2009 Filed by the Clerk's office
12/17/2009 Referred to Planning, Zoning & Economic Development Committee
1/6/2010 Hold On Agenda (1/13/2010)
1/20/2010 Hold Off Agenda
7/18/2012 Release
7/26/2012 Released

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ORDINANCE NO. 091063

 

Establishing the Public Accommodations Oversight Commission for the purposes of assisting the City in its monitoring of compliance with the City’s public accommodations laws and advising the City on actions it should take in response to potential violations; and containing a sunset provision.

 

WHEREAS, the Council passed Committee Substitute for Ordinance No. 090108, As Amended, for the purpose of prohibiting the use of dress codes to deny persons access to businesses and facilities in publicly subsidized redevelopment plans and projects; and

 

WHEREAS, a recent study by the City’s Human Relations Division raised significant concerns about how dress codes were being enforced; and

 

  WHEREAS, the Council has considered the study conducted by the City and believes that its conclusions raise significant concerns that must be addressed; and

 

WHEREAS, the Council believes that equal access to public accommodations is a basic civil right; and

 

  WHEREAS, the Council will not tolerate discrimination of any kind or to any degree; and

 

  WHEREAS, the Council believes that community input is essential to ensuring that the City is able to respond swiftly and appropriately in the event violations of the City’s public accommodations laws are alleged to have occurred; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That there is hereby established a body to be known as the Public Accommodations Oversight Commission. The Commission shall assist the City in its monitoring of compliance with the City’s public accommodations laws and dress codes ordinance and advise the City on actions it should take in response to potential violations alleged to have occurred within the City.

 

Section 2. That the Commission shall be composed of not less than twelve persons, selected by the Mayor, who are committed to ensuring the equal treatment of persons, regardless of race, religion, color, ancestry, national origin, sex, marital status, familial status, disability, sexual orientation or gender identity.

 

  Section 3. That the Commission’s functions shall include, but not be limited to:

 

Reviewing continued periodic, unannounced testing and video footage for violations of the City’s public accommodations laws and dress codes ordinance.

 

Convening public hearings regarding alleged violations of the City’s public accommodations laws and dress codes ordinance.

 

  Filing formal administrative complaints with either the City or the Missouri Human Rights Commission, as appropriate, regarding alleged violations of the City’s public accommodations laws and dress codes ordinance.

 

  Assisting the City in implementing procedures that will result in citations being issued and violators being prosecuted in Municipal Court, as appropriate, for alleged violations of the City’s public accommodations laws and dress codes ordinance.

 

Reviewing all existing contracts and agreements between the City, and all City agencies, and owners or operators of establishments subject to the City’s public accommodations laws and dress codes ordinance to ascertain if alleged violations of the City’s public accommodations laws and dress codes ordinance constitute a breach of any such contracts and agreements and making recommendations, as appropriate.

 

Examining proposed agreements between the City, and all City agencies, and owners or operators of establishments subject to the City’s public accommodations laws and dress codes ordinance, and commenting on such agreements and any modifications necessary to ensure effective enforcement of the City’s public accommodations laws and dress codes ordinance.

 

Overseeing the implementation of the recommendations contained within the Human Relations Division’s report on compliance with the City’s dress codes ordinance.

 

Monitoring the enforcement of the City’s public accommodations laws and dress codes ordinance by the Human Relations Division and Regulated Industries and recommending revisions of such laws to improve their effectiveness, as appropriate.

 

Section 4. That the Mayor shall select a chairperson from among the appointed members of the Commission. The Commission shall have the authority to adopt rules of procedure governing its operation.

 

  Section 5. That the City Manager shall provide appropriate staff to assist the Commission.

 

Section 6. That the provisions of this Ordinance shall terminate on the date three years from the date such Ordinance becomes effective.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Alan Holtkamp

Assistant City Attorney