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