ORDINANCE NO. 060702
Amending Chapters 40 and 50, Code
of Ordinances, by enacting two new sections, Section 50-126, Gasoline
pre-payment or pre-approval, to require businesses selling gasoline or diesel
fuel to individual customers to provide for pre-payment or pre-approval of the
sale before fuel may be pumped, and Section 40-31, Compliance with gasoline
pre-payment or pre-approval, which allows for the non-renewal of a business
license for failing to require pre-payment or pre-approval of fuel sales.
WHEREAS, a
significant number of motorists throughout the area are filling their fuel
tanks and driving off without paying; and
WHEREAS, crime
statistics for the City reveal over 1,100 drive-off thefts in 2005 alone; and
WHEREAS, the Kansas
City Police Department (KCPD) expends significant time and expense in
investigating these incidents; and
WHEREAS, the
time and expense of the KCPD investigating these incidents detracts from
proactive policing opportunities regarding other community matters and more
serious crimes; and
WHEREAS, the
necessary investigations result in significant costs to the City and its
taxpayers; and
WHEREAS, fuel
thefts have the potential of escalating to more serious crimes and create a
greater risk of harm to the victim, officers, offender and to the general
public; and
WHEREAS, fuel
thefts seriously and significantly result in loss of revenues to owners and
operators of gasoline stations; and
WHEREAS,
requiring pre-payment for fuel is in the best interest of the City and its
citizens and is designed to promote the public safety and welfare of its
citizens; NOW THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, is amended
by enacting a new Section 50-126, Gasoline pre-payment or pre-approval,
requiring businesses that sell gasoline or diesel fuel to require pre-payment
or pre-approval in advance of sales of fuel prior to activation or
authorization of any fuel dispensing unit or fuel pumping devise, to read as
follows:
Sec. 50-126. Gasoline
pre-payment or pre-approval.
(a) Definitions.
As used in this section the following terms shall have the meanings given in
this subsection:
(1) Pre-approval means the business has issued an
identification card to the purchaser that verifies and records the purchasers
drivers license information.
(2) Pre-pay means payment in advance for any quantity of
gasoline or diesel fuel sold at any time by cash, credit card, debit card,
check or any other legal means.
(b) Payment
or approval in advance required for gasoline and/or diesel fuel sold. Business
establishments that sell gasoline and/or diesel fuel shall require pre-payment
or pre-approval of sales of fuel prior to activation or authorization of any
fuel dispensing unit or fuel pumping devise.
(c) Penalty.
Failure or refusal to comply with this section will be a basis for the
non-renewal of a business license pursuant to Section 40-31.
Section 2. That
Chapter 40, Code of Ordinances of the City of Kansas City, Missouri, is amended
by enacting a new Section 40-31, Compliance with gasoline pre-payment or
pre-approval, allowing for the non-renewal of a business license for failing to
require pre-payment or pre-approval of fuel sales, to read as follows:
Sec. 40-31. Compliance with
gasoline pre-payment or pre-approval.
(a) Business
establishments that sell gasoline and/or diesel fuel are required, pursuant to
Section 50-126, to require pre-payment or pre-approval of sales of fuel prior
to activation or authorization of any fuel dispensing unit or fuel pumping
devise.
(b) The
commissioner of revenue shall not renew the business license of any business
which has failed to require pre-payment or pre-approval of sales of fuel prior
to activation or authorization of any fuel dispensing unit or fuel pumping
devise which results in motorists filling their fuel tanks and driving off
without paying.
____________________________________________________
Approved
as to form and legality:
_______________________________
Nicole
Rowlette
Assistant City Attorney