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Legislation #: 120987 Introduction Date: 11/15/2012
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER AND COUNCILMEMBER SHARP
Title: Enacting a new Section 50-174, Code of Ordinances, entitled “Nuisance businesses and parties” to prohibit owning or operating a nuisance business, causing or permitting a social gathering to become a nuisance party, and failing or refusing to leave the premises of a nuisance business or nuisance party when ordered by a police officer.

Legislation History
DateMinutesDescription
11/14/2012 Filed by the Clerk's office
11/15/2012 Referred to Public Safety & Emergency Services Committee
11/19/2012 Advance and Do Pass as a Committee Substitute, Debate
11/20/2012 Councilmember Sharp Move to Amend
11/20/2012 Passed as Substituted and Amended

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 120987, AS AMENDED

 

Enacting a new Section 50-174, Code of Ordinances, entitled “Nuisance businesses and parties” to prohibit owning or operating a nuisance business, causing or permitting a social gathering to become a nuisance party, and failing or refusing to leave the premises of a nuisance business or nuisance party when ordered by a police officer.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That there is enacted a new section 50-174, code of ordinances, entitled “Nuisance businesses and parties” to read as follows:

 

Section 50-174. Nuisance businesses and parties.

 

(a) Definitions. As used in this section, the following terms shall mean:

 

(1) Business: any commercial, mercantile, entertainment, industrial, trade, or other activity engaged in by a person, firm, partnership, corporation, limited liability company, association, private club, fraternity, sorority, or other entity which receives revenue in the course of such activity, regardless of whether or not such revenue produces or is intended to produce a profit to the owner or operator of such business and regardless of whether or not such business or its premises is privately operated for the benefit of its members or is open to the public.

 

(2) Nuisance business: A business as defined in this section which is operated within the city and which concurrently meets any three or more of the following criteria:

 

a. The business is required by any other section of this code to be licensed by the city for the conduct of any part of its activity, but has either failed to obtain such license or has continued to conduct that part of its activity after such license has expired or been suspended or revoked.

 

b. The business is conducted from a residence or in a building that is either:

 

1. located in a neighborhood zoned Residential as defined in Chapter 88 of this Code, or

 

2. located in an area zoned for commercial or manufacturing uses, as defined in Chapter 88 of this code, where such zoning does not permit the activity being conducted there, but the business has not obtained a zoning variance or exception from the city for such non-conforming use.

 

c. The premises has, within any consecutive sixty (60) day period following the effective date of this ordinance, been the site of more than two separate police dispatches to the premises due to any of the following alleged criminal acts reported, observed, or occurring on the premises: minor in possession of alcohol, assault or attempted assault, rape or attempted rape, any fight, any theft, any robbery or attempted robbery, any unlawful discharge of a firearm, or any unlawful sale or possession of marijuana or a controlled substance as defined in Sections 195.005 through 195.425 Revised Statutes of Missouri.

 

d. The premises has, within any consecutive sixty (60) day period following the effective date of this ordinance, been the site of more than two separate incidents or occurrences leading to the arrest of a person or persons charged with commission of any of the following criminal acts occurring on the premises on which the business is located: minor in possession of alcohol, assault or attempted assault, rape or attempted rape, any fight, any theft, any robbery or attempted robbery, any unlawful discharge of a firearm, or any unlawful sale or possession of marijuana or a controlled substance as defined in Sections 195.005 through 195.425 Revised Statutes of Missouri.

 

e. Alcoholic beverages are sold, furnished or served for consumption on the premises by the drink or in individual servings without a liquor license being issued to the business by the City regardless of whether or not such license would be or is required under state law or city ordinance.

 

f. Any owner or operator of the business has, at the time of any incident described in subsection (2)c or subsection (2)d or within any fifteen (15) day period following any reported or observed incident described in subsection (2)c or subsection (2)d, refused to permit entry to the premises for investigation of any such incident by any Kansas City Missouri Police officer.

 

g. There is, concurrent with the activity conducted on the premises, the standing or parking of vehicles in a manner that obstructs the free flow of traffic on the street or streets immediately adjacent to the business premises, or the standing or parking of vehicles in such manner as to obstruct access to the driveways or sidewalks of adjacent private property.

 

h. Noise disturbances as defined by Section 46-3, Section 46-4 or Section 46-5(6), Code of Ordinances are caused.

 

(3) Nuisance Party: A social gathering of ten or more people on residential property that results in or is associated with the occurrence, within any twenty-four (24) hour period, of any three or more separate and distinct occurrences enumerated in the following sub-sections (3)a through (3)g at the site of such gathering or on property immediately adjacent to the site of the gathering or on any adjacent public street:

 

a. Dispatch of police to the gathering due to any of the following alleged criminal acts reported, observed, or occurring on the premises on which the gathering is located, or on property immediately adjacent to the site of the gathering or on any adjacent public street: minor in possession of alcohol, assault or attempted assault, rape or attempted rape, any fight, any theft, any robbery or attempted robbery, any unlawful discharge of a firearm, or any unlawful sale or possession of marijuana or a controlled substance as defined in Sections 195.005 through 195.425 Revised Statutes of Missouri.

 

b. An arrest at the gathering due to any of the following alleged criminal acts reported, observed, or occurring on the premises on which the gathering is located, or on property immediately adjacent to the site of the gathering or on any adjacent public street: minor in possession of alcohol, assault or attempted assault, rape or attempted rape, any fight, any theft, any robbery or attempted robbery, any unlawful discharge of a firearm, or any unlawful sale or possession of marijuana or a controlled substance as defined in Sections 195.005 through 195.425 Revised Statutes of Missouri.

 

c. Alcoholic beverages are sold, furnished, or served for consumption on the premises by the drink or in individual servings without a liquor license or permit issued by the City regardless of whether or not such license would be or is required under state law or city ordinance.

 

d. Any owner or tenant of the residence has, at the time of any incident described in subsection(3)a or subsection (3)b, refused to permit entry to the premises for investigation of any such incident by any Kansas City Missouri Police officer.

 

e. There is, concurrent with the gathering conducted on the premises, the standing or parking of vehicles in a manner that obstructs the free flow of traffic on the street or streets immediately adjacent to the premises on which the gathering is located, or the standing or parking of vehicles in such manner as to obstruct access to the driveways or sidewalks of adjacent private property.

 

f. Any money is paid or donated by attendees in the course of or as a prerequisite to admission to the gathering or participation in any activity associated with such gathering, including purchase of tickets or other means of identification for access to food or beverage service.

 

g. Noise disturbances as defined by Section 46-3, Section 46-4 or Section 46-5(6), Code of Ordinances are caused.

 

(4) Premises: the interior of a residence or building and the area within the boundary lines of any real property of the same ownership on which the residence or building is located.

 

(b) Order to Disperse. Upon identifying a business as a nuisance business as defined in this section or upon identifying a social gathering as a nuisance party as defined in this section any Kansas City Missouri Police officer is authorized to order any persons, other than the owner or tenant of such premises, found on the premises of such business or party to immediately disperse and leave the premises.

 

(c) Violation. It shall be unlawful to:

 

(1) own or operate a nuisance business;

 

(2) cause or permit a social gathering to become a nuisance party;

 

(3) fail or refuse to immediately leave the premises of a nuisance business or nuisance party upon being ordered to do so by a Kansas City Missouri Police officer.

 

(d) Penalty. Any person found guilty of violation of this section shall be punished by imprisonment of no more than six months, or by fine of no more than $1,000.00, or by both such fine and imprisonment.

 

_____________________________________

 

Approved as to form and legality:

 

 

__________________________________

William Geary

City Attorney