ORDINANCE NO. 080395, AS AMENDED

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-332, Prohibited acts by all retail licensees, and enacting in lieu thereof a new article of like number and subject matter which requires all licensees to meet the consent requirement outlined in Section 10-214 before any type of entertainment will be approved and will take effect thirty days after passage.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 10-332, Prohibited acts by all retail licensees, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 10-332. Prohibited acts by all retail licensees.

 

(a)   Sales to minors or intoxicated persons.  No retail licensee, nor employee of the licensee, shall allow any alcoholic beverages to be sold, given or otherwise supplied upon the licensed premises to any person who is under of 21 years of age, or to a habitual drunkard, or to any person who is intoxicated or who is actually or apparently under the influence of alcoholic beverage. 

 

(b)   Consumption by minors.  No retail licensee, nor employee of the licensee, shall allow any person under 21 years of age to consume alcoholic beverages upon the licensed premises. 

 

(c)   Sale for off-premise consumption.  No retail licensee or employee of the licensee shall sell, for off-premise consumption, any glass bottle containing more than 30 ounces of malt liquor or nonintoxicating beer that is chilled or refrigerated to a temperature that is below room temperature of the licensed premises. 

 

(d)   Serving or delivering in vehicles.  No retail licensee, nor employee of the licensee, shall sell or serve any alcoholic beverage to any person while the person is operating or is a passenger in or on any motor vehicle. 

 

(e)   Prostitution.  No retail licensee, nor employee of the licensee, shall allow upon the licensed premises any act of prostitution as defined in the prostitution chapter of the Missouri Criminal Code, including the solicitation for prostitution. 

 

(f)   Unauthorized sale of property.  No retail licensee, nor employee of the licensee, shall allow any person to offer for sale or sell any personal property upon the licensed premises unless the sale of the property has been authorized by the licensee or the manager or person in charge of the licensed premises. 

 

(g)   Disorderliness, indecency or obscenity.  Upon the licensed premises, no retail licensee, nor employee of the licensee, shall: 

 

(1)    Fail to immediately prevent or suppress any violent quarrel or disorder, brawl, fight or any other act or conduct prohibited or declared to be unlawful by this chapter.

 

(2)    Allow language, conduct or songs calculated to provoke a breach of the peace, or obscene literature, entertainment or advertising material.

 

(3)    Allow any employee, entertainer or customer to perform a dance of any kind upon a bar, table or any other place used for serving food or beverages.

 

(4)    Allow any person to be unclothed, or in less-than-opaque attire, costume or clothing, so as to expose to view the top of the areola, or any combination of the foregoing, or human male genitals in a discernibly erect state, even if completely and opaquely covered, except as otherwise provided by this chapter.

 

(5)    Allow the performance of any acts of sexual conduct, including actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of the female; or any sadomasochistic abuse or acts including animals or latent objects in an act of apparent sexual stimulation or gratification, as the terms are defined in the pornography and related offenses chapter of the Missouri Criminal Code.

 

(6)    Allow the display of films or videotapes showing persons unclothed as described in subsection (g)(4) of this section, or allow the display of pictures, films, videotapes or other material depicting acts prohibited by subsection (g)(5) of this section.

 

(h)   Storing off-licensed premises.  No retail licensee shall store any alcoholic beverage off or outside of the licensed premises unless written request therefor is filed with the director, and written approval is issued by the director; except that a licensee may store alcoholic beverages in a bonded warehouse or central warehouse, if he has first notified the director in writing of his intention to do so. 

 

(i)   Unlicensed beverages on premises.  No retail licensee, nor employee of the licensee, shall allow upon the licensed premises any alcoholic beverages except the types the licensee is licensed to sell upon those premises. 

 

(j)   Illegal drugs.  No retail licensee, nor employee of the licensee, shall possess, store, sell or offer for sale, give away, distribute or deliver any controlled substance or illegal drug or narcotic, as defined in the Missouri Comprehensive Drug Control Act, or similar statutes, upon the licensed premises, nor shall any licensee or employee allow any other person to engage in any of these acts upon the licensed premises. 

 

(k)   Illegal gambling.  No retail licensee, nor employee of the licensee, shall participate or engage in illegal gambling or violate any federal or state laws in connection with gambling, upon the licensed premises, nor shall any licensee or employee allow any other person to engage in any of these acts upon the licensed premises. 

 

(l)   Illegally purchased alcoholic beverages.  No retail licensee, nor employee of the licensee, shall allow on or about the licensed premises any alcoholic beverage which he has purchased or secured in violation of any city ordinance, or local, state or federal law. 

 

(m)   Entertainment on premises.  No retail licensee nor employee of the licensee shall allow on or about the licensed premises:

 

(1) Any type of live entertainment unless the consent requirement, as outlined in chapter 10-214, has been met and the application has been approved by the director. The term live entertainment, as used in this chapter, shall include but shall not be limited to a dance hall, DJ, two or more live musicians, semi nude dancing, stage show, floor show or contest. Any form of entertainment, live exhibition, performance or dance characterized by exposure of specified anatomical areas as that term is defined in section 80-20, or dance performed by a performer who is nude behind an opaque barrier, shall be prohibited unless the licensed location first complies with the zoning requirements set forth under section 80-156.

 

(2) Any type of entertainment unless the application has been approved by the director. The term "entertainment," as used in this chapter, shall include but shall not be limited to jukeboxes, pool tables, dart boards, video games, pinball machines or any other amusement device operated by the insertion of a coin, disc or other insertion piece.

 

(n)   Employees dancing on premises.  Upon the licensed premises: 

 

(1)    The dancer may perform a dance for a customer or customers but shall not intentionally touch any customer while performing a dance.

 

(2)    The dancer shall not receive any payment or gratuity from any customer unless the payment or gratuity is placed into the dancers hand or under a leg garter worn by the dancer located at least four inches below the bottom of the pubic region.

 

(3)    No dancer shall dance with any customer.

 

(4)    No dancer shall sit at a table or the bar with any customers.

 

(5)               No customer shall knowingly or intentionally touch any dancer.

 

Section 2. That this ordinance will become effective thirty (30) days after its passage.

 

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Approved as to form and legality:

 

 

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Kathy Adams

Assistant City Attorney