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Legislation #: 060702 Introduction Date: 6/29/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER HERMANN
Title: 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. 

Legislation History
DateMinutesDescription
6/27/2006 Filed by the Clerk's office
6/29/2006 Referred to Neighborhood Development and Housing Committee
7/5/2006 Do Pass
7/6/2006 Assigned to Third Read Calendar
7/13/2006 Passed

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060702.pdf Authenticated 145K Authenticated
fact sheet.doc Advertise Notice 42K fact sheet

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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