ORDINANCE NO. 080395,
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.
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.
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
(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
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.
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.
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.
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
(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
(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.
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.
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.
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.
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
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.
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.
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
(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.
dancer shall dance with any customer.
dancer shall sit at a table or the bar with any customers.
No customer shall knowingly or intentionally touch any dancer.
Section 2. That
this ordinance will become effective thirty (30) days after its passage.
as to form and legality:
Assistant City Attorney