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Legislation #: 020717 Introduction Date: 6/6/2002
Type: Ordinance Effective Date: 12/15/2002
Sponsor: COUNCILMEMBERS FORD, BROOKS, COOPER AND XBARNES
Title: Amending the Code of Ordinances by adding a new Chapter 41, entitled Day Labor Business.

Legislation History
DateMinutesDescription
6/6/2002

Prepare to Introduce

6/6/2002

Referred Planning, Zoning & Economic Development Committee

6/12/2002

Hold On Agenda

7/1/2002

Hold On Agenda

8/21/2002

Hold On Agenda

9/4/2002

Hold On Agenda

10/2/2002

Hold On Agenda

10/16/2002

Hold On Agenda

10/30/2002

Hold On Agenda

11/20/2002

Hold On Agenda

11/25/2002

Do Pass as a Committee Substitute

11/26/2002

Assigned to Third Read Calendar

12/5/2002

Amended

12/5/2002

Passed as Substituted and Amended


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 020717, AS AMENDED

 

Amending the Code of Ordinances by adding a new Chapter 41, entitled Day Labor Business.

 

WHEREAS, day labor businesses placing temporary unskilled labor provide valuable service to both workers and the businesses they serve, and

WHEREAS, the Council has received evidence of numerous instances in which day labor businesses have adversely impacted their surrounding neighborhoods and commercial districts, and

WHEREAS, the Council has determined that the adverse impact has been caused by the nature of the day labor business, the practices of some of these businesses, the limitations of the facilities in which some of these businesses operate, the concentration of these businesses, and the proximity of these business to certain other types of businesses; and

WHEREAS, the Council has determined that reasonable regulation of these businesses is necessary to improve conditions for day labor workers and to preserve the livability of our residential neighborhoods and the commercial viability of our commercial districts, and

WHEREAS, it is the intention of the Council by this legislation to reduce the problems that have been created specifically by businesses that provide unskilled, temporary labor who are generally paid daily and who gather at the day labor business for assignment and/or for transportation to work assignments, and

WHEREAS, this ordinance is not intended to apply to those temporary employment businesses that only occasionally provide day laborers to another business for a daily assignment, NOW THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by adding a new Chapter 41, entitled Day Labor Business, to read as follows:

CHAPTER 41

DAY LABOR BUSINESS

DIVISION 1. GENERAL.

Sec. 41-1. Definitions.

The following words, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Day labor business means any enterprise, other than a labor union or a not-for-profit


organization, engaged in procuring or providing persons to perform temporary unskilled work at a site other than the Premises in which (1) the day laborers are paid, by the day labor business or a third party employer, each work day or on the business day following the work day, and ( 2) persons arrive at the Premises to make application for work as a day laborer, to obtain assignment for day labor, to obtain transportation to a day labor site or to obtain payment of wages or benefits for day labor. For purposes of this definition, "unskilled work" means work involving physical tasks for which the (1) the worker is not required by law to hold a professional or occupational license, or (2) the employer or contractor controlling the site of the work does not require the worker to have (a) a high school diploma or its equivalent, or (b) education beyond high school, or (c) relevant vocational education or (d) demonstrated proficiency with a specified type of machinery to be used in the work, but does not include white collar, secretarial, clerical or professional work.

Director means the director of neighborhood and community services or a person designated by the director.

Permittee means any individual, firm, association, corporation, partnership or organization holding a permit issued by the director pursuant to this chapter to operate a day labor business.

Premises means the bounds of the enclosure where a day labor business is conducted and includes parking lots and other adjacent private property occupied by or used in connection with the business.

Third party employer means any individual, firm, association, corporation, partnership or organization contracting with a day labor business for purposes of procuring persons to provide services for the third party employer.

Sec. 41-2. Applicability of other regulations; conflicting provisions.

(a) The permit provided for in section 41-3 is subject to the general provisions of this chapter and of chapter 40 of this Code. In the event of a conflict between the provisions of this chapter and other parts of this Code, the provisions of this chapter shall control.

(b) The permit and fees required by this chapter shall be in addition to any other licenses and fees required by this Code.

(c) The permit fees required by this chapter apply only to the costs of investigating and processing the applications for the permits.

Sec. 41-3. Permit required.

It shall be unlawful after March 31, 2003, for any person to engage in a day labor business at any location unless that person has obtained from the director a permit to do so, or to operate the business after the permit has been revoked or while the permit is suspended. A permit is required for each location of a day labor Premises.

Sec. 41-4. Permit duration; renewal; fees.

(a) Permits for the operation of day labor business shall be annual permits which expire on December 31 of each year. Each permit shall include the name of the permit holder and address of the Premises. Permits in good standing on the date of their expiration shall be eligible for renewal. The application for a permit shall be accompanied by payment in full of the fee stated in this section, by cash, certified or cashier's check or money order, and no application shall be considered complete until the fee is paid. The fee shall not be refunded under any circumstances.

(b) The fee for each permit shall be as follows:

New day labor business permit, $150.00 per year; renewal of day labor business permit $150.00 per year

Sec. 41-5. Contents of application.

Any person desiring to operate a day labor business shall make written application for such permits or the renewal thereof to the director, which application shall be signed by the applicant and notarized . All applications shall be submitted on a form supplied by the director and shall set forth the following:

(1) The name, residence address, home telephone number, date and place of birth of the applicant;

(2) The business name, address of the Premises and telephone number of the business;

(3) The names, residence addresses, residence telephone numbers, and dates of births of the following:

a. all partners, if the applicant is a partnership;

b. all members, if the applicant is a limited liability company;

c. all corporate officers and directors and all shareholders with greater than a ten percent interest corporation, if the applicant is a corporation;

d. all persons having an ownership interest in any other business entity or association.

(4) Whether or not the applicant has been convicted of violating any provision of this chapter or has ever had a permit issued under this article revoked or suspended and the reason therefor;

(5) Evidence and information of any kind tending to demonstrate that the permit being sought will be utilized in the applicant's business conducted in accordance with the provisions of this chapter;

 

(6) If the applicant is a corporation, a certificate of good standing issued by the secretary of state not more than 30 days prior to the submittal of the application; and

(7) Such further information as the director may reasonably require.

Sec. 41-6. Inspections.

The director is hereby empowered to appoint inspectors of any day labor business, and all those Premises shall be open to the inspections of the director or inspectors appointed by him or to any member of the police department at any time during the hours allowed for business and at other reasonable times.

Sec. 41-7. Authority to prescribe additional regulations.

The director shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of the office and which are not inconsistent with the provisions of this chapter.

Sec. 41-8. Penalty for violation of article.

It shall be unlawful for any person to violate any of the provisions of Section 41-3 of this chapter. Upon conviction thereof, such person shall be fined not less than $25.00 and not more than $500.00, or be punished by imprisonment at the municipal correctional institution or in such other place as provided by law, or be punished by both such fine and imprisonment. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this article shall constitute a separate and distinct offense. The penalties provided in this section are in addition to and are separate from any administrative actions by the director to suspend, revoke or disapprove renewal of a permit issued under this chapter.

Sec. 41-9. Judicial review of orders of director; stay of enforcement of orders.

Following the entry of an order by the director suspending or revoking a permit, or disapproving a new or renewal application for a permit, such permittee or applicant may seek judicial review in a manner provided by law. The director shall stay enforcement of such order for a period of time not to exceed 30 days pending the filing or final disposition of proceedings for judicial review.

Secs. 41-1041-20. Reserved.

DIVISION 2. APPLICATION.

 

Sec. 41-21. Criteria for issuance of permit.

(a) The director shall investigate the application for a day labor business permit and shall issue the permit authorized by this chapter if the director finds that each of the following conditions is met without exception:

(1) Applicant is current in all taxes, fees and other amounts due to the city on any account, for any purpose;

(2) The application is complete and appears to be truthful and accurate;

(3) The application is accompanied by the required fee;

(4) The Premises meets all other applicable health, safety, zoning, property maintenance, building and fire codes and ordinances of the city;

(5) The Premises has a clean and adequate waiting area with adequate seating and adequate heating, ventilating and air conditioning which is made available to the workers waiting for work assignments or transportation to work assignments at least one (1) hour prior to the posted commencement of the work assignment and transportation;

(6) The Premises has adequate drinking water and toilet facilities which shall be available to the workers waiting for work assignments or transportation to work assignments at all times during all hours of operation of the business or during which the waiting room referred to herein is open;

 

(7) The day labor business and Premises are covered by not less than $1,000,000 liability insurance; and

(8) The applicant has provided the director with a designated agent for service who can regularly be found in the city during normal business hours.

(b) The director is authorized to make inspections at reasonable times and hours of any day labor premises in which the day labor business is or is to be located for purposes of determining whether such business fully complies with the provisions of this section.

Sec. 41-22. Approval or disapproval of application and hearing.

(a) The application for a day labor business permit authorized under this chapter shall be approved or disapproved within thirty (30) days from the date of the director's determination that the application is complete, unless the applicant agrees in writing to an extension of that time period. If a permit application is disapproved, the director shall notify the applicant in person, or by registered or certified mail to the applicant's last known address, and shall state the basis for such disapproval.

(b) If within ten (10) days after the director mails notice to the applicant that the application has been disapproved, the applicant files with the director a written request for a hearing before the director on whether the applicant has satisfied the criterion set forth in section 41- 21, then the director shall, within five days of receipt of a timely request, mail a notice of a hearing to the applicant, which shall include the date, time and place for the hearing before the director. The date for the hearing shall be not less than thirty (30) days nor more than forty ( 40) days following the filing of the request for a hearing under this section, unless the aggrieved party requesting the hearing agrees to extend the time for the hearing.

(c) An applicant for a permit authorized under this chapter aggrieved by the decision of the director to approve or disapprove a permit may seek judicial review in a manner provided by law.

Secs. 41-2341-30. Reserved.

DIVISION 3 . CONDUCT OF BUSINESS.

Sec. 41-31. Display of license or permit.

Every person, corporation, partnership or association holding a permit under this chapter as a day labor business shall post the permit in a conspicuous place and manner on the Premises.

Sec. 41-32. Compliance with other regulations.

It shall be the duty of a permittee to comply with the building codes, zoning, fire, health, safety and property maintenance ordinances of the city and with all regulations issued by the director pertaining to day labor businesses. Failure to comply with the ordinances or regulations after written notification of noncompliance has been delivered to the business by the city may be a basis for suspension, revocation or nonrenewal of the permit.

Sec. 41-33. Permittee's duties to monitor and maintain business and premises.

(a) It is and shall be the affirmative duty of each permittee to:

(1) Post and enforce a "no loitering" policy on the Premises, including parking areas and other exterior parts of the Premises;

(2) Prevent public displays of indecency, prostitution or solicitation for prostitution from taking place on the Premises, whether in or out of public view at all times during the hours of operation;

(3) Prevent disorderly conduct, disturbances of the public peace and gambling from taking place on the Premises at all times during the hours of operation;

 

(4) Prevent any unlawful sale, distribution, delivery or use of controlled substances, illegal drugs or narcotics on the Premises at all times during the hours of operation;

(5) Prevent any sale, distribution, delivery or use of any alcoholic beverages of any kind on the Premises at all times during the hours of operation;

(6) Allow law officers, code enforcement officers, health officers or other representatives of the city or other public agencies full access to the Premises at any time during hours of operation for purposes of inspection to ensure compliance with this chapter and other applicable laws.

(7) Regularly inspect and maintain the Premises and all adjacent sidewalks and alleys within fifty (50) feet of the Premises for purposes of removing any litter found thereon.

(8) Assure that the licensee or a manager of the business is present at the Premises at all times during the hours of operation.

 

(9) Post and enforce the occupancy load for the Premises as determined by the city.

(10) During the hours of operation, promptly report to the police department acts of indecency, prostitution or solicitation for prostitution, disorderly conduct, disturbances of the public peace, gambling, unlawful sale, distribution, delivery or use of controlled substances, illegal drugs or narcotics, and the sale, distribution, delivery or use of any alcoholic beverages of any kind on the alleys, sidewalks and streets adjacent to the Premises.

(b) The permit and the standards of operation, affirmative duties and other requirements of this chapter shall apply to an entire business operation and its premises, regardless of the fact that some parts of the business operation, if conducted separately at a different location, would not be subject to a permit under this chapter.

(c) Failure to comply with the requirements of this section and all other requirements of this chapter is unlawful and a violation of this chapter and shall be grounds for suspension, revocation or nonrenewal of a license pursuant to the provisions contained in section 41-41.

Secs. 41-3441-40. Reserved.

DIVISION 4. ENFORCEMENT.

Sec. 41-41. Suspension, revocation or denial.

(a) Any permit issued under the provisions of this chapter may be suspended or revoked or any permit may be denied by the director, after due notice and affording an opportunity for a hearing, for any violation of the provisions of this chapter. Within ten (10) days after the denial, suspension or revocation of any permit issued under this chapter, or for any other cause expressly allowed in this chapter, any person aggrieved thereby may apply in writing to the director for a hearing thereon, and the director shall then promptly set a time and date for a hearing thereon.

(b) Hearing procedures. The following procedures shall apply to all hearings conducted under this section:

(1) The applicant, permittee or an owner, as the case may be, shall have full right to be represented by counsel; produce witnesses and other evidence, and to cross examine all witnesses who appear against him. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearing shall be recorded and transcribed as required by law. The director may receive evidence relevant to the issues from the applicant, permittee or from other sources.

(2) If a hearing is held under the provisions of this chapter, then the director shall issue findings of fact and conclusions of law, and an order wherein he may approve or disapprove an application, suspend or revoke a permit previously issued, or renew or refuse to renew a permit previously issued. The director's order shall be served upon the applicant or permittee, as the case may be, in person or by registered or certified mail to the applicant's or permittee's last known address. If the director is not able to serve the order upon the applicant, permittee, or applicant for renewal permit in the manner stated in this subsection, and any notice sent by mail is returned by the postal service, the director shall cause the order to be posted at the principal entrance of the day labor business, and that posting shall be a valid means of service. The director's order shall also be posted for thirty (30) days in the city's department of neighborhood and community services.

(c) Unless otherwise provided in this chapter, any applicant or any other person aggrieved by the decision of the director under the provisions of this chapter may seek judicial review in a manner provided by law. The cost of a transcript of a hearing before the director shall be paid by the party requesting the transcript.

Secs. 41-4241-50. Reserved.

DIVISION 5. RENEWAL OF PERMIT.

Sec. 41-51. Renewal of permit.

 

(a) All day labor business permits shall expire on December 31 of each calendar year. Renewal applications for such permits shall be submitted between October 1 and November 30 of each calendar year, accompanied by payment in full of the fee stated in this section, by cash, certified or cashier's check or money order, and no application shall be considered complete until the fee is paid. The fee shall not be refunded under any circumstances. A day labor business permit issued under this chapter may be renewed if an application in the form provided by the director has been filed with the application fee with the director and if the applicant is in compliance with the requirements in this chapter for an original permit including but not limited to section 41-21.

(b) Upon timely application therefor, and subject to meeting the requirements in this chapter for a new permit, a day labor business permit may be renewed by issuance of a new permit in the manner provided in this chapter unless the director disapproves the renewal application in the manner provided by section 41-22.

(c) Upon the filing of a timely application for renewal of a permit issued under the provisions of this chapter, the director shall issue a temporary permit to the applicant, which temporary permit shall remain in effect until the director has approved or disapproved the application. If a hearing is held as required by section 41-22, the temporary permit shall remain in effect until the director has issued an order following the hearing. However, if any hearing required by section 41-22 is delayed at the request of the applicant, the temporary permit issued under the provisions of this subsection shall expire as of the date the hearing was scheduled by the director, unless the applicant shows good cause for the delay.

(d) Any applicant issued a temporary permit under the provisions of this section shall comply, or continue to comply, with the provisions of this chapter. Additionally, an applicant issued a temporary permit under the provisions of this section shall be subject to the penalty provisions provided in this chapter.

(e) If the application for renewal of a permit is not made during the time provided in subsections (a) or (b) of this section, the permit shall expire and the permittee shall cease those activities authorized under this chapter and the permittee shall file a new application and meet all requirements of this chapter before engaging in the business or occupations regulated under this article. An application for renewal filed after the expiration date shall be treated as a new application.

__________________________________________________________

 

Approved as to form and legality:

___________________________________

Assistant City Attorney