ORDINANCE NO. 090722

Amending Chapter 10, Code of Ordinances, by repealing Section 10-38, Temporary closing of premises, and enacting in lieu thereof a new section of like number and subject matter which adds an additional factor for temporarily closing a premise.

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 10-38, Temporary closing of premises, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

Sec. 10-38.  Temporary closing of premises.

Notwithstanding any other provision of this chapter, the director shall have the power to temporarily close a licensed premise under the following conditions:

(1) If the director makes contact with a licensee or managing officer and requests the licensee or managing officer to meet over a matter that the director deems urgent and the licensee or managing officer fails to respond to the director within 3 business days of the directors request, the director may order the licensed premise to be temporarily closed. The temporary closing of the premises may stay in place until the licensee or managing officer communicates and discusses the matter with the director.

(2) A mob, riot, strike or any type of violence, actual or probable, that occurs within the immediate area provided, however, the director may not close a place for a period not to exceed 24 hours under these circumstances without advising at the earliest possible time the city manager or the mayor and city council; and provided, further, that the director may not close the place for two or more consecutive 24-hour periods, under the emergency police powers of the director, without approval of the city manager, or the mayor.

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Approved as to form and legality:

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Kathy Adams

Assistant City Attorney