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.
(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.
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