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Legislation #: 160959 Introduction Date: 12/15/2016
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SHIELDS
Title: Enacting a new Chapter 12, Article II, Division 7 entitled “Local Enforcement Standards” to establish standards by which the City will generally enforce the rules applicable to the operation of adult entertainment establishments that do not sell or allow alcohol, recognizing the State of Missouri is responsible for enforcing its regulations, and determining the appropriate level of enforcement by the City without duplicating the enforcement efforts of the State of Missouri.

Legislation History
DateMinutesDescription
12/14/2016 Filed by the Clerk's office
12/15/2016 Councilmember Shields (Second by Reed) Move To Consider
12/15/2016 Councilmember Shields (Second by Reed) Move to Advance
12/15/2016 Passed

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ORDINANCE NO. 160959

 

Enacting a new Chapter 12, Article II, Division 7 entitled “Local Enforcement Standards” to establish standards by which the City will generally enforce the rules applicable to the operation of adult entertainment establishments that do not sell or allow alcohol, recognizing the State of Missouri is responsible for enforcing its regulations, and determining the appropriate level of enforcement by the City without duplicating the enforcement efforts of the State of Missouri.

 

WHEREAS, the State of Missouri regulates adult entertainment establishments pursuant to Chapter 573, RSMo, modified by House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 586 & 617 of the 2010 Session of the Missouri General Assembly; and

 

WHEREAS, the City may also enforce the provisions of this State legislation when appropriate; and

 

WHEREAS, the City adopted Ordinance 160373 to implement provisions of the State legislation; and

 

WHEREAS, it is the desire of the City Council to focus its enforcement efforts on adult entertainment establishments that also sell alcohol, and to allow the State of Missouri to enforce its regulations of adult entertainment establishments in places that do not sell alcohol, thus freeing the City’s limited resources to be focused on the combination of adult entertainment and alcohol; and

 

WHEREAS, it is still the desire of the City to insure adult entertainment establishments that do not sell or allow alcohol meet reasonable standards; and

 

WHEREAS to accomplish this governmental goal and a reasonable distribution of resources, the City will engage in enforcement efforts that mirror those applied to prior regulations of adult entertainment establishments to those not selling or allowing alcohol, and allow the State of Missouri to use its resources when the State-imposed rules are at issue; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That a new Chapter 12, Article II, Division 7, entitled “Local Enforcement Standards” is enacted to read as follows:

 

DIVISION 7

LOCAL ENFORCEMENT STANDARDS

 

Sec. 12-85. Additional findings.

 

The City Council finds that:

 

(1)               The State of Missouri has established a detailed set of restrictions for the operation of adult entertainment establishments;

 

(2)               When faced with limited enforcement resources the City must make determinations of general policy concerning the enforcement of regulations;

 

(3)               It is reasonable to concentrate enforcement efforts of the City locally to adult entertainment establishments that also sell alcohol;

 

(4)               That it is recognized that some level of enforcement of businesses that provide adult entertainment but that do not sell or allow alcohol is appropriate;

 

(5)               That the public is protected if the City leaves to the State of Missouri the most detailed and stringent enforcement of the State’s rules, while allowing the City to regulate local conditions in a rational and economically reasonable way.

 

Sec. 12-86. Enforcement of regulations to adult entertainment establishments not

serving or allowing alcohol.

 

Notwithstanding any provision of this Article II to the contrary, absent extraordinary and exigent circumstances which are reported to the City Manager, the Director of Neighborhood and Housing Services shall apply the following rules to adult entertainment establishments not serving or allowing alcohol in the enforcement of this Article:

 

(1)               Businesses operating after 3:00 a.m. and before 6:00 a.m. are subject to enforcement.

 

(2)               Provisions of state law mirrored in section 12-63(b), section 12-66(c)-(h), and section 12-67(a) concerning the configuration of certain adult entertainment establishments shall not be the focus of local enforcement so long as the building configuration reflects compliance with the local requirements imposed prior to the adoption of Ordinance 160373.

 

(3)               Provisions of state law mirrored in section 12-64(a)(2) concerning the distance of separation between customers and certain employees of an adult entertainment establishment shall be the focus of local enforcement when the separation is less than three feet.

 

_______________________________________

 

Approved as to form and legality:

 

 

________________________________

William Geary

City Attorney