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Legislation #: 060163 Introduction Date: 2/9/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER BROOKS
Title: Amending Chapter 40, Code of Ordinances, by repealing Sections 40-26, Duty of police to enforce license laws, and 40-27, Suspension or revocation of license for keeping a disorderly house, and enacting in lieu thereof new sections of like numbers and subject matters.

Legislation History
DateMinutesDescription
2/8/2006 Filed by the Clerk's office
2/9/2006 Referred to Neighborhood Development and Housing Committee
3/1/2006 Hold On Agenda (3/15/2006)
3/15/2006 Advance and Do Pass, Debate
3/16/2006 Passed

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ORDINANCE NO. 060163

 

Amending Chapter 40, Code of Ordinances, by repealing Sections 40-26, Duty of police to enforce license laws, and 40-27, Suspension or revocation of license for keeping a disorderly house, and enacting in lieu thereof new sections of like numbers and subject matters.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 40, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 40-26, Duty of police to enforce license laws, and 40-27, Suspension or revocation of license for keeping a disorderly house, and enacting in lieu thereof new sections of like numbers and subject matters, to read as follows:

 

Sec. 40-26. Duty of police to enforce license laws.

 

It shall be the duty of the police to prevent any person commencing, carrying on or conducting any business, trade, calling, amusement or entertainment or other thing for which a license is required by ordinance without first procuring from the city a license therefor. It shall be the duty of the police to report to the proper authorities of the city all violations thereof, to make arrests and to cooperate with the commissioner of revenue and other officials of the city in a strict enforcement of the provisions of all license laws and ordinances. The police shall have the right at all reasonable times during hours of operation or when the establishment is open for business to conduct a business inspection for the purpose of determining the truthfulness and accuracy of any statements made by the person commencing, carrying on, or conducting any business for which a license is required. It shall be unlawful for any person operating a business where a license is required to hinder or refuse the police entry into the business during hours of operation or when the establishment is open for business.


Sec. 40-27. Suspension or revocation of license for keeping a disorderly premises.

 

(a) Defined. Any lot, plot or parcel of land, including the buildings or structures thereon wherein any of the following acts are committed shall be deemed a disorderly premises:

 

(1)     Where intoxicating liquor is sold without a permit or in violation of any other provision of Chapter 10.

 

(2)     Where quarreling, fighting, or boisterous conduct is encouraged or permitted.

 

(3)     Where there is the performance of any sexual act declared unlawful by ordinance including, but not limited to, solicitation for the purposes of prostitution.

 

(4) Where controlled substances are sold, possessed, distributed, or used in violation of statute or ordinance.

 

(5) Where there are loud noises in violation of the noise ordinance.

 

(b) Report by police. It shall be the duty of the chief of police, or his authorized representatives, to report to the commissioner of revenue whenever the owner, operator, manager or other person who is the holder of an occupation license required under this chapter has been convicted of operating or keeping a disorderly premises or suffering a disorderly premises to be operated or kept upon the licensed premises, or whenever the holder of an occupation license has been charged with a violation of keeping a disorderly premises as defined in subsection (a) of this section.

 

(c) Suspension or revocation authorized. The commissioner of revenue is hereby empowered, for good cause shown and after notice and hearing, as provided in this section, to suspend the license of a violator convicted for the second time of a violation of section 50-165, for a period not to exceed 60 days, and upon the third conviction for such violation the violator's license may be revoked by the commissioner, after such notice and hearing, provided that after the expiration of one year from the date of revocation the commissioner of revenue may issue a new license upon finding that such person has not been convicted of a similar offense within the past year.

 

(d) Notice; hearing. Before such license is suspended or revoked, the holder thereof shall be given notice in writing by the commissioner at least five days prior to the time of the proposed suspension or revocation of the license, and, if the license holder desires a hearing on such proposed suspension or revocation, he shall notify the commissioner in writing to that effect. Upon receipt of the request for hearing, the commissioner shall hold the hearing within five days thereafter and shall cause a record to be made thereof. Should the license holder fail to appear for such hearing, such license shall be automatically suspended or revoked by the commissioner. If, upon a hearing, the commissioner determines that the license should be suspended or revoked, he shall thereafter notify such license holder in writing of his decision.

 

(e) Judicial review. If any person is aggrieved by the decision of the commissioner, he may seek judicial review thereof according to law. Such license holder shall pay for the cost of transcribing the record if judicial review is sought.

 

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Approved as to form and legality:

 

 

___________________________________

Beth Murano

Assistant City Attorney