COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051545

 

Amending Chapter 64 of the Code of Ordinances by enacting a new article entitled Entertainment District License and Permits, to provide for the issuance of entertainment district licenses and certain permits within an entertainment district.

 

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 64 of the Code of Ordinances is hereby amended by enacting a new article entitled Entertainment District Licenses, to provide for the issuance of entertainment district licenses and permits within an entertainment district. The article will read as follows:

 

Article XII. Entertainment District Licenses

 

Sec. 64.500. Definitions.

 

For purposes of this article, the following words shall be defined as follows:

 

Affiliate means a person or entity that is controlled by a developer, which controls a developer or which is under common control with a developer, as certified in writing by a developer.

Banner means a strip of cloth, vinyl, plastic or combination thereof upon which there appears a sign or message, but shall not mean banners regulated under chapter 18, Code of Ordinances unless specified in this section.

 

Developer means any third party, or its successors or assigns, that has entered into a "development agreement" with the City, pursuant to which the third party has agreed to develop or cause to be developed an entertainment district.

Entertainment district An urban mixed-use project containing not less than 200,000 gross leasable square feet of space intended for retail, entertainment, shopping and restaurant purposes, all within 2500 feet of a convention facility owned or operated by the City within an area designated as a development area under Sections 99.915-99.980, RSMo, and which is zoned as an urban redevelopment district (URD) or a project within an area designated as a redevelopment area under Section 99.800-99.865, RSMo, containing a multipurpose arena with approximately 18,000 to 20,000 seats.

 

Entertainment district license A license held by a developer or owner in an entertainment district under which banner and street closure permits in an entertainment district may issued by the City.

 

Owner means any owner of real property in a downtown entertainment district that is a developer or an affiliate of a developer

 

Permittee means a person or entity holding a banner or street closure permit under this article, including an assignee of the developer or owner.

 

Person means an individual, firm association, partnership, limited liability company, corporation or any other organization.

 

Right-of-way means an area of land designated and reserved for public travel whether vehicular or pedestrian and includes a street, a median, a parkway, pedestrian sidewalk and bikeway.

 

Sec. 64-501. Permits in an entertainment district.

 

In addition to any other permits authorized under the code of ordinances, within an entertainment district, the following types of permits are authorized to be issued under an entertainment district license for the following limited purposes by the director of public works:

 

Permit	Limited purpose
Banner permit	Allowing the temporary placement of banners on city streetlight poles and other such facilities in the public right of way
Street closure permit	Allowing the closing of public streets, sidewalks or other public right of way necessary, in the opinion of the issuing authority, for construction, maintenance, or for the protection of public health or safety or other special condition.

 

Sec. 64-502. Applications.

(a) Entertainment district license. A developer or owner within an entertainment district may apply for an entertainment district license which entitles the holder thereof to apply for and hold any of the permits listed above. The developer or owner must submit an application to the director of public works on a form approved by him or her, accompanied by proof of payment of the annual fee set forth in Section 64-510. The applicant may include more than one property within a single application and may assign any permits issued thereunder to its affiliates, tenants or concessionaires within the entertainment district. The director of public works has the authority to establish reasonable regulations for the administration of the entertainment district license, not inconsistent with this ordinance or any agreement between the developer and the City for the development and operation of the entertainment district, and may designate another city official under his or her supervision to issue the entertainment district license and administer the process.

 

(b) Permits under entertainment district license.

 

(1) A developer or owner within an entertainment district may apply for an entertainment district license which entitles the holder thereof to apply for and hold any of the permits listed above. The developer or owner may include in the license application applications for any permits requested in the entertainment district, on forms provided by the city and accompanied by proof of payment of the annual fee set forth in Section 64-510. The applicant may assign any permits issued under the license to its affiliates, tenants or concessionaires within the entertainment district.

 

(2) The director of public works has the authority to establish reasonable regulations, not inconsistent with this ordinance or any agreement between the developer and the City for the development and operation of the entertainment district or any property rights held by the developer in the entertainment district, for the administration of the applicable permit process and may designate another city official under his or her supervision to issue and administer the respective permits.

 

Sec. 64-503. Conditions of issuance/operations for all entertainment district

licenses.

 

In connection with the issuance of or its operations under the entertainment district license, the developer or owner must:

 

(a) Comply with all applicable laws, including the Americans with Disabilities Act, Chapter 10 of the Code of Ordinances, Chapter 30 of the Code of Ordinances, Chapter 18 of the Code of Ordinances.

 

(b) Obtain the permission of the Board of Parks and Recreation Commissioners, if the operations under the permit are within a park, on a boulevard or otherwise under the jurisdiction of the Board.

 

(c) Obtain the approval of the Municipal Art Commission, if required by Section 446 of the Charter of Kansas City.

 

(d) Conspicuously display all permits issued under this ordinance and make them available for inspection by city officials and the public during business hours.

 

(e) Execute an indemnity agreement in the form approved by the director binding the developer or owner to defend, indemnify, and hold harmless the city and any of its agencies, officials, officers, or employees from and against all claims, damages, liability, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or resulting from any acts or omissions in connection with the operations at the property for which the permit is issued, caused in whole or in part by the developer, owner, tenant or concessionaire (as the case may be), its employees, agents, or subcontractors, customers or caused by others for whom the developer, owner, tenant or concessionaire (as the case may be) is liable, regardless of whether caused in part by any act or omission of city, its agencies, officials, officers, or employees.

 

(f) Obtain a certificate of insurance from a company approved by the director of finance evidencing that the property is insured under a comprehensive general liability and property damage policy in such amount and form as determined by the director of finance.

 

(g) Remove all property placed in the right of way by the permittee upon expiration or revocation of any permit within an entertainment district. During the period the entertainment license or permit is in effect, the permittee must remove all damaged or deteriorated property and may replace it with the same or substantially similar property. If the permittee fails to remove the property within a reasonable time after expiration or revocation of the permit or license, or within a reasonable time after notification by the city that the property a banner or other property is damaged or deteriorated, then the city may remove the property without notice and charge the permittee or licensee its costs to remove the property. Upon removal by the city, title to all materials, which have been removed, shall vest in city.

 

(h) Obtain a traffic control permit and comply with all regulations relating to traffic control permits, if the process of installation or removal of any property under any entertainment district permit will result in the disruption of traffic.

 

Sec. 64-504. Construction and revocation of license.

 

(a) Construction. An entertainment district license shall be considered as a right of a developer or owner to apply for and hold permits allowed under this article for a period of 5 years from the date of approval.

 

(b) Revocation. No entertainment district license shall be revoked without notification to the licensee and a reasonable opportunity to be heard.

 

(c) Grounds for revocation. An entertainment district license may be revoked if the issuing authority determines, after the licensee has been notified and had a reasonable opportunity to be heard, except in the case of a threat of imminent harm to the public or other emergency, that:

 

(1) the license issued under this article was obtained through materially false statements or material omissions in either the original or renewal application;

 

(2) the licensee or any employee, agent or servant of the licensee or has violated any of the provisions of this article; or

 

(3) the City Council has made a determination that the right of way is necessary for public use and that the use of the right of way as allowed in the license is inconsistent with the public need.

 

(d) In the event that the director makes a determination that the licensee or any employee, agent or servant of the licensee has violated one or more provisions of this article, the director will, if at all practicable and in the citys best interests, give the licensee a reasonable opportunity to cure the violation(s) prior to initiating revocation proceedings.

 

(e) If there is a threat of imminent harm to the public health or safety or another emergency which requires that the City take possession of the right of way, the issuing authority may temporarily suspend the license, pending prompt notification of the licensee and a reasonable opportunity to be heard.

 

Sec. 64-505. Construction and revocation of permits.

 

(a) Construction. Permits issued under the entertainment district license ordinance shall be construed as permits and not as grants and may be revoked by the issuing authority, but only upon the grounds set forth in this section.

(b) Revocation. No permit issued under this article shall be revoked without giving the permittee notice and a reasonable opportunity to be heard, and if the proposed revocation is based upon Section 64-505(c)(2), giving the permittee a reasonable opportunity to cure the violation.

 

(c) Grounds for revocation. A permit may be revoked if the issuing authority determines, after the permittee has been notified and had a reasonable opportunity to be heard, except in the case of a threat of imminent harm to the public or other emergency, that:

 

(1) the permit issued under this chapter was obtained through materially false statements or material omissions in the application for an original permit, an application for the renewal or of an existing permit, or in an application for change of ownership or change in management or control of the business;

 

(2) the permittee or any employee, agent or servant of the permittee has violated any of the provisions of this chapter; or

 

(3) the license or permit issued to a permittee under Chapters 10 or 30 of the code of ordinances has been revoked or suspended;

 

(4) the City Council has made a determination that the right of way is necessary for public use and that the use of the right of way as allowed in the permit is inconsistent with the public need.

 

(d) If there is a threat of imminent harm to the public health or safety or another emergency which requires that the City take possession of the right of way, the issuing authority may temporarily suspend the permit, pending prompt notification of the permittee and a prompt hearing.

 

(e) In the event that the director makes a determination that the permittee or any employee, agent or servant has violated one or more provisions of this article, the issuing authority shall, if at all practicable and in the citys best interests, give the permittee a reasonable opportunity to cure the violation(s) prior to initiating revocation proceedings.

 

(f) Other permits. The revocation of a permit for a specific location has no effect on other permits held by a developer, owner or permittee within the entertainment district.

 

Sec. 64-506. General prohibitions in entertainment districts.

 

(a) No person shall display a banner in the public right-of-way in an entertainment district without first obtaining a banner permit under this article[hb1] .

 

(b) No person shall close any street, sidewalk or other public right of way in an entertainment district without first obtaining a street closure permit under this article[hb2] .

Sec. 64-507. Banner permits:

 

(a) Application. The banner application must include:

 

(1) Color picture of the banner(s) to be displayed

 

(2)   Detail drawing of banner brackets and other hardware used to suspend the banner.

 

(3)   Scale map or plan locating the poles to be used for display, and depicting the street right-of-way lines.

 

(4) Permission in writing from the owner of any pole not owned by the city or the developer allowing the display of a banner from such pole.

 

(5) A list of the pole locations and pole numbers.

(6) Wind load analysis, if applicable.

 

(b) Size, materials, placement, content.

 

(1) No banner shall exceed 30 inches in width or 72 inches in length provided that a larger banner may be permitted if an applicant for a banner permit furnishes to the director of public works a wind load analysis, signed and sealed by a registered professional engineer of the State of Missouri, setting forth that the potential wind load on the pole for each proposed display for the total banners on each pole is within the design standards for the pole installation.

(2)   The lowest edge of the banner shall not extend less than 16 feet above the level of the street.

(3) Vinyl-coated nylon or a similar fabric banners are permitted so long as they are constructed of weatherproof and flame-retardant material.

(4) The number and placement of banners shall limited as follows:

 

(i) One banner bracket set per pole.

 

(ii) A maximum of two banners may be installed on a single bracket set.

 

(5) Banner content shall be limited to event or district identification and shall contain no commercial advertisements.

 

(c) Private buildings or structures. The display of banners from a privately owned building shall require a permit issued by the director of city development in accordance with Chapter 18, Code of Ordinances.

 

Sec. 64-508. Street closure permits.

 

(a) Application. The application for a street closure permit in an entertainment district must include:

 

(1) the dates, times and duration of the proposed closure(s)

 

(2) a traffic control plan which complies with the Manual of Uniform Traffic Control Devices (MUTCD) in force on the date of the closure and includes a dimensioned drawing that identifies the following:

(i)                  The location of the right-of-way to be closed, including all approaches.

 

(ii) The location of a detour route.

 

(iii) The location of all traffic control devices required for the closure of the right-of-way and signage for the detour route(s).

 

(iv) The anticipated impact on public safety response (e.g., police, fire, ambulance) and workable solutions to the impact.

 

(v) Provisions for adequate security within the closed area, depending upon the activities planned and the number of persons expected to attend.

 

(b) Notice. The applicant must give the issuing authority 7 days notice of each proposed closure.

 

Sec. 64-509. Duration of permits; renewals.

 

(a) Street closure permits shall be issued for the time specified in the permit.

(b) Banner permits issued under this ordinance shall be issued for a 5 year period or until the expiration of the entertainment district license under which it is held, whichever is earlier.

 

Sec. 64-510. Fees.

 

The total annual fee for an entertainment district license issued to a single developer or owner in a specific entertainment district under this section shall be $5000, due on May 1 of each year, regardless of the number of applications submitted or permits issued during the year.

 

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Heather A. Brown

Assistant City Attorney