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Legislation #: 090726 Introduction Date: 8/27/2009
Type: Ordinance Effective Date: 11/1/2009
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by adding section 10-242, Probationary period, and by repealing Sections 10-332, Prohibited acts by all retail licensees, and 10-335, Prohibited acts on sales-by-drink premises, and enacting in lieu thereof new sections of like number and subject matter which adds restrictions that apply to nuisances and lewd and indecent conduct and adds a mandatory probationary period for all new licensees and permittees as well as current licensees and permittees who commit certain ordinance violations.

Legislation History
DateMinutesDescription
8/17/2009 Filed by the Clerk's office
8/27/2009 Referred to Public Safety and Neighborhoods Committee
9/2/2009 Hold On Agenda (9/23/2009)
9/30/2009 Hold On Agenda (10/14/2009)
10/14/2009 Do Pass as a Committee Substitute
10/15/2009 Assigned to Third Read Calendar
10/22/2009 Passed as Substituted and Amended

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090726.pdf Authenticated 453K AUTHENTICATED
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090726 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090726
090726com.doc Advertise Notice 65K compared version
10-242 10-332 10-335 - Probationary Period Tougher Restrictions - 8-11-2009.doc Fact Sheet 154K 10-242, 10-332 & 10-335

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090726, AS AMENDED

 

Amending Chapter 10, Code of Ordinances, by adding section 10-242, Probationary period, and by repealing Sections 10-332, Prohibited acts by all retail licensees, and 10-335, Prohibited acts on sales-by-drink premises, and enacting in lieu thereof new sections of like number and subject matter which adds restrictions that apply to nuisances and lewd and indecent conduct and adds a mandatory probationary period for all new licensees and permittees as well as current licensees and permittees who commit certain ordinance violations.

 

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 Sections 10-332, Prohibited acts by all retail licensees, and 10-335, Prohibited acts on sales-by-drink premises, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 10-332.  Restrictions and prohibited acts by all retail licensees.

 

(a) Sales 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.

 

(b) Consumption 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 licensed premises.

 

(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 premises.

 

(d) Serving 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.

 

(e) Prostitution. 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.

 

(f) Unauthorized 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.

 

(g) Disorderliness, 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 advertising material.

 

(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 Criminal Code.

 

(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.

 

(h) Storing off-licensed premises. No retail licensee shall store any alcoholic beverage off or outside of the licensed premises unless written request 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.

 

(i) Unlicensed 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.

 

(j) Illegal 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.

 

(k) Illegal 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 licensed premises.

 

(l) Illegally 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.

 

(m) Entertainment 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.

 

(n) Employees 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 dance.

 

(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.

 

(3) No dancer shall dance with any customer.

 

(4) No dancer shall sit at a table or the bar with any customers.

 

(5) No customer shall knowingly or intentionally touch any dancer.

 

(o) Multiple business names posted on one licensed premises. Multiple business names may not be posted on the exterior of a licensed premises unless:

 

(1) There is a separate entrance into the licensed premises for each different business name that will be posted, and;

 

(2) The original business name is included as part of any new business name and the size of the lettering of the business name is uniform on any interior or exterior sign that will be posted throughout the licensed premises, and;

 

(3) There must be open public access throughout the entire licensed premises where there are no closed doors or other physical barriers that separate the licensed premises in any way. However, it is permissible to keep any part of the licensed premises closed when it is not in use.

 

(p) Nuisances. No retail licensee or employee of the licensee shall cause a nuisance to or change in character of any residential area or the immediate area surrounding the licensed premises. Nuisances may include but will not be limited to noise, traffic and parking associated with the operation of the premises from patrons or other persons frequenting the premises.

 

(q) Lewd and indecent conduct. No retail licensee, nor employee of the licensee, shall allow lewd and indecent conduct on or within the immediate vicinity of the licensed premises. Lewd and indecent conduct may include but will not be limited to public urination exhibited by persons frequenting the licensed premises or by the licensee or his employees, servants or agents,

 

Sec. 10-335. Prohibited acts on sales-by-drink premises.

 

(a) Upon the licensed premises of a sales-by-drink licensee, no licensee, nor any employee of the licensee, shall:

 

(1) Allow alcoholic beverages to be brought into or upon the premises by customers;

 

(2) Allow any person to remove from the premises any alcoholic beverage provided for consumption on the premises;

 

(3) Sell, give away or serve water, soda water, phosphates or any other kind of liquid to be used for the purpose of mixing intoxicating drinks, commonly referred to as "setups;"

 

(4) Allow any customer, while in or upon the premises, to pour into, mix with or add intoxicating liquor to water, soda water, ginger ale, seltzer, malt, phosphates or any other kind of liquid or other liquor;

(5) Allow any person to drink or consume any alcoholic beverage directly out of any bottle, if the volume size of the bottle exceeds 16 ounces, or if the alcohol content of the beverage exceeds 15 percent, by volume;

 

(6) Allow any employee to solicit any customer to purchase alcoholic beverages or nonalcoholic beverages, either for that employee or for another employee;

 

(7) Allow any employee directly participating in the sale of alcoholic beverages as defined by section 10-5 to consume any alcoholic beverage;

 

(8) Allow any employee directly participating in the sale of alcoholic beverages as defined by section 10-5 to sit at any bar or table with any customer except for a reasonable period of time while actually engaged in taking a food or drink order;

 

(9) Give away alcoholic beverage to any customer;

 

(10) Sell any alcoholic beverage at retail for less than the price paid at wholesale;

 

(11) Allow any employee, except dance instructors, to dance with any customer; or

 

(12) Sell or give away any drug, medicine or controlled substance to any person, provided that nothing in this section shall prohibit the licensee, any of its employees or any other person from possessing or using a drug, medicine or controlled substance in a lawful manner, provided that this shall not apply to hotels, apartment hotels, motels, inns, lodges or similar places providing principally transient residential accommodations and having at least 40 rooms for overnight accommodation or restaurant bars as defined in this chapter.

 

(13) Cause a nuisance to or change in character of the immediate area which may include but will not be limited to, noise, traffic and parking associated with the operation of the premises from patrons or other persons frequenting the premises.

 

(b) This section shall not be construed to prohibit any of the acts described in subsections (1) through (5) of this section in any private guestroom or private dining room of any duly licensed hotel, motel or club.

 

(c) This section shall not be construed to prohibit any of the acts described in subsection (9) of this section, prohibiting the giving away alcoholic beverages to any customer, in any duly licensed hotel or motel provided that the hotel or motel provides the complimentary alcoholic beverages during a happy hour not to exceed three hours, the complimentary beverages are provided only to guests of the hotel/motel and the complimentary beverages are a part of a complimentary guest package given to guests of the hotel/motel as a part of the lodging services provided to the hotel/motel guest. The licensee shall notify the director prior to providing complimentary alcoholic beverages during a happy hour.

 

(d) This section shall not be construed to prohibit any of the acts described in subsection (9) of this section, prohibiting the giving away of alcoholic beverages to any customer, on the premises of any duly licensed manufacturer, provided that (1) the complimentary beverages are produced by the manufacturer and are dispensed in connection with its manufacturing business or the beverages are produced by the manufacturer and given to guests as samples as part of a tour of the manufacturing facilities; and (2) the manufacturer produces in quantities not less than 10,000 barrels per annum; and (3) the manufacturer maintains a full sales-by-drink license pursuant to subsection 10-102(d).

 

Section 2. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by adding a new Section 10-242, to read as follows:

 

Sec. 10-242.  Probationary period.

 

(a) All new licensees and permittees are placed on a six month probationary period which begins after the license or permit has been issued on the first day the business is open to the public. In order to successfully complete the probationary period, the licensee or permittee must meet the following criteria:

 

(1) A licensee or permittee under this chapter has at all times maintained an orderly place; and

 

(2) A licensee or permittee or an employee, agent or servant of a licensee or permittee has not violated any of the provisions of this chapter; and

 

(3) A licensee or permittee has not been found to have obtained their license or permit through materially false statements made through the application process for a license or permit; and

 

(4) A licensee or permittee made a complete disclosure of all pertinent information during the application process for a license or permit; and

 

(5) Nothing has occurred which would render the licensee or permittee or licensed premises ineligible or unsuitable for a license or permit under the provisions of this chapter.

 

If a licensee or permittee fails to successfully complete the probationary period, the licensee or permittee will be required to meet the consent requirement as outlined in section 10-214 of this chapter and the provisions outlined in section 10-215 will not apply. If a licensee or permittee fails to meet the consent requirement within the time frame specified in section 10-214 of this chapter, all licenses and permits issued under this chapter shall be revoked.

 

(b) If any current retail licensee or permittee or employee of the licensee or permittee has been found by the director to have:

 

(1) Obtained their license or permit or attempted to obtain a license or permit through materially false statements made through the application process for a license or permit; or

 

(2) Caused a nuisance to or change in character of a residential area or the immediate area surrounding the premise; or

 

(3) Allowed lewd and indecent conduct on or within the immediate vicinity of the licensed premises; or

 

(4) Not at all times maintained an orderly place; or

 

(5) Had occurrences which would render the licensee or permittee or licensed premises ineligible or unsuitable for a license or permit under the provisions of this chapter, however, multiple occurrences may arise from one incident;

 

The licensee or permittee may be placed on a six month probationary period. In order to successfully complete the probationary period, the licensee or permittee cannot have any violations of the criteria listed in this subsection. If a licensee or permittee fails to successfully complete the probationary period, the licensee or permittee will be required to meet the consent requirement as outlined in section 10-214 of this chapter and the provisions outlined in section 10-215 will not apply. If a licensee or permittee fails to meet the consent requirement within the time frame specified in section 10-214 of this chapter, all licenses and permits issued under this chapter shall be revoked.

 


(c) Nothing in this section shall prevent the director from seeking an immediate suspension or revocation of any license or permit as provided in this chapter.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney