COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970827
Amending Chapter 34, Code of Ordinances of the City of
Kansas City, Missouri, by repealing Section 34-106, Regulation of
establishments where unsafe sexual activities are likely to take place, and
amending Chapter 12, Code of Ordinances by enacting a new article to be
numbered and entitled Article VII, Motion Picture Arcade Booth Establishments.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 34, Code of Ordinances of
the City of Kansas City, Missouri, is hereby amended by repealing Section
34-106, Regulation of establishments where unsafe sexual activities are likely
to take place.
Section B. That Chapter 12, Code of Ordinances of
the City of Kansas City, Missouri, is hereby amended by enacting a new article,
Article VII, Motion Picture Arcade Booth Establishments, to be numbered and
read as follows:
ARTICLE VII
MOTION PICTURE ARCADE BOOTH ESTABLISHMENTS.
Sec. 12-275. Motion picture arcade booth
establishments; purpose and intent.
(a) The purpose and intent of this article is to
further the public health and safety of motion picture arcade booth
establishments by reducing the likelihood that patrons will engage in
masturbation, sexual intercourse, sodomy, cunnilingus, anilingus, fellatio, or
any excretory function or representation thereof, or any unlawful activity
within such commercial premises. The health, safety and welfare of all persons
must be protected by the establishment of standards for such premises,
structures, or parts thereof to reduce the spread of sexually transmitted
diseases.
(b) Because motion picture arcade booth
establishments, structures, or parts thereof which, due to their design, are
used for sexual conduct or criminal sexual conduct and, therefore, place
persons at risk of infection from sexually transmitted diseases it is necessary
to regulate them for the prevention of the spread of such diseases and for the
protection of the public health, safety and welfare.
Sec. 12-276. Motion picture arcade booth
establishments; definitions.
For purposes of this article, the following terms
shall have the meanings given in this section:
(a) Motion picture arcade booth. Any booth,
cubicle, stall, compartment, partitioned portion of a room or enclosure which
is designed, constructed or used to hold patrons and is used for presenting
moving pictures or viewing publications or live performances which depict
"specified
sexual activities", as defined below, by any photographic, electronic,
magnetic, digital or other means or medium (including, but not limited to,
film, video or magnetic tape, laser disc, cd-rom, books, magazines or periodicals)
for observation by patrons therein. The terms "booth", "arcade
booth", "preview booth" and "video arcade booth" shall
be synonymous with the term "motion picture arcade booth".
(b) Motion picture arcade establishment. Any
business wherein one or more motion picture arcade booths are located. The
terms "establishment" and "video arcade" shall be
synonymous with the "motion picture arcade establishment".
(c) Person. Any individual, firm, partnership,
corporation or association.
(d) Specified sexual activities. Activities,
services or performances that include the following sexual activities and/or
the exhibition of the following anatomical areas:
(1) Human genitals in a state of sexual stimulation
or arousal;
(2) Acts of human masturbation, sexual intercourse,
sodomy, cunnilingus, anilingus, fellatio or any excretory function,
or representation thereof; or
(3) Fondling or erotic touchings of human genitals,
pubic regions, buttocks or breasts.
Sec. 12-277. Motion picture arcade booth
establishments; operating requirements.
The owner, operator and/or other person in charge of
a motion picture arcade booth establishment shall be responsible for complying
with the following operating requirements:
(a) Each room containing one or more motion picture
arcade booths must be in compliance with all applicable state and local
building, fire, electrical, and health codes and be maintained in a clean and
sanitary condition.
(b) Each motion picture arcade establishment which
contains individual motion picture arcade booths shall designate and clearly
mark at least one portion of the premises to be a manager's station in which
patrons will not be permitted.
(c) Each and every motion picture arcade booth
within a motion picture arcade booth establishment must meet all of the
following requirements:
(1) Each motion picture arcade booth must be in
compliance with all applicable state and local building, fire,
electrical and health codes and be maintained in a clean and
sanitary condition.
(2) Each motion picture arcade booth shall have at
least one side completely open to adjacent public rooms and the manager's
station and must be sufficiently illuminated
so that the entire area inside each motion
picture arcade booth is visible to persons
in adjacent public rooms and the manager's
station. The illumination level shall be
at a minimum illumination of not less than 1.0
foot-candle as measured at the floor
level within the booths and it shall be the
duty of the owner and operator and the duty
of any agents and employees present in the
premises to ensure that the illumination
described in this subsection is maintained at
all times that any patron is present in the
premises.
(3) The open side of each motion picture arcade
booth shall not have any curtain, door, wall, enclosure or visual
obstruction.
(4) The surface of all walls between each motion
picture arcade booth shall be covered from top to bottom and side to
side with metal and maintained free of holes or other
structural openings which permit physical
contact between patrons within the booth
and any other person in the establishment.
(5) The interior of one motion picture arcade booth
shall not be visible from the interior of any other motion picture
arcade booth if such booths are located within 10 feet of
each other as measured from the closest points
of the edge of the openings of the
booths, nor shall adjoining booths be designed
or constructed in such a manner that
the interior of said booths may be made visible
to each other at any time or by any
means.
(6) A motion picture arcade booth shall not be
occupied by more than one person at any time.
(d) Motion picture arcade booth establishments must
post signs, prepared by or approved by the director of the department of
neighborhood and community services or his designee, in prominent locations in
every room inside the premises. The signs must be clearly visible to the
patrons, and must contain information approved by the director of health or his
designee, describing the risks and methods of transmission of venereal diseases
and listing unsafe sexual activities.
(e) The premises must be monitored with sufficient
frequency to ensure compliance with these regulations.
(f) The interior of the premises shall be
configured in such a manner that there is an unobstructed view from the
manager's station of every area of the premises to which any patron is
permitted access for any purpose, excluding restrooms. Restrooms may not
contain video reproduction equipment. If the premises has two or more manager's
stations designated, then the interior of the premises shall be configured in
such a manner that there is an unobstructed view of each area of the premises
to which any patron is permitted access for any purpose from at least one of
the manager's stations. This required view must be by direct line of sight from
the manager's station.
(g) To ensure that such view area remains
unobstructed by any doors, walls, merchandise, display racks or other materials
at all times and to ensure that no patron is permitted access to any area of
the premises which has been designated as an area in which patrons will not be
permitted.
(h) To ensure that at least one employee is on duty
and situated in each manager's station at all times that any patron is present
inside the premises.
(i) It shall be unlawful for any person occupying a
motion picture arcade booth to engage in any "specified sexual
activities", as defined in Section 12-276(d), cause any bodily discharge
or litter while inside the motion picture arcade booth.
Sec. 12-278. Motion picture arcade booth
establishments; prevention information.
The owner, operator or other designated person in
charge of a motion picture arcade establishment shall make available to each
patron of the facility a pamphlet, prepared by or approved by the department of
neighborhood and community services, containing venereal disease prevention
information. Such pamphlet must contain information on gonorrhea, syphilis and
AIDS.
Sec. 12-279. Motion picture arcade booth
establishments; inspections; duties of owners, operators, employees
and agents.
(a) For the purpose of ensuring compliance with
this article, any state or local building, fire, electrical, health or
neighborhood and community services inspector or any officer of the Kansas
City, Missouri Police Department is hereby authorized to enter, inspect,
examine and survey, at all reasonable times, any motion picture arcade booth
establishment.
(b) The owner, operator, employees and agents of
any motion picture arcade booth establishment shall give the above-described
enforcement officials entry and access to the premises, and its motion picture
arcade booths, at all reasonable times, for the purpose of such inspection,
examination and survey. It shall be unlawful for any owner, operator, employee
or agent of any motion picture arcade booth establishment to deny entry or
access to the premises to, interfere with, or otherwise impede any such
enforcement official who is carrying out any such inspection, examination and
survey.
Sec. 12-280. Motion picture arcade booth
establishments; violations.
It shall be unlawful for any person to violate any
of the requirements or duties set out in Sections 12-275 through and including
12-279, Code of Ordinances.
Sec. 12-281. Motion picture arcade booth
establishments; enforcement.
The director of the neighborhood and community
services department, or an authorized representative, and any officer of the
Kansas City, Missouri Police Department are hereby authorized and directed to
enforce all of the provisions of this article. The provisions of this article
may be enforced through one or more of the following proceedings:
(a) Administrative enforcement.
(1) The director of the neighborhood and community
services department, or an authorized representative, may issue a
written notice and order to the owner, operator
or person in charge of a motion picture arcade
booth establishment of any violation
of the requirements or duties set out in this
article requiring that at least one side of
each motion picture arcade booth shall be
completely open, that the surface of all
walls between booths be covered with metal and
maintained free of holes or other
structural openings, and that no more than one
person occupy a booth at any one
time. The notice and order shall set forth the
alleged violations of this article,
describe the premises where the violations are
alleged to exist and specify a period
of 48 hours from the time of service of the
notice and order for the correction of any
violation alleged.
(2) The notice and order shall be served upon the
owner, operator or person in charge of the motion picture
arcade booth establishment by delivery of a copy of the notice and
order to such owner, operator or person in
charge of a motion picture arcade booth
establishment or by leaving such copy at their
usual place of abode with a member
of the family over the age of 15 years or by
mail addressed to the owner, operator or
person in charge or agent thereof. If service
is by mail, the notice and order will be
deemed to have been served seventy two hours
after it was placed in the U.S. Mail.
If one or more persons to whom such notice and
order is addressed cannot be found
after diligent effort to do so, service may be
made upon such person by posting the
notice and order in or about the premises
described in the notice and order, and by
causing such notice and order to be published
in a newspaper of general publication.
If service is by posting and publication, the
notice and order will be deemed to have
been served seventy two hours posting or
publication, whichever occurs later.
(3) If the director of neighborhood and community
services, or authorized designee, finds that the alleged violation
still exists after 48 hours from the time of service, the
director or his designee may order the closure
of the portion of the establishment
containing the booths and shall prominently
post notice of such closure on the
premises.
(4) The owner, operator or person in charge of the
motion picture arcade booth establishment may request a hearing upon
receipt of a notice and order. Such request
for a hearing must be in writing. Such hearing
shall be before the director or
authorized designee and shall be provided
within ten (10) days of the request. The
filing of a written request for a hearing shall
stay the director's power to order closure
until after the hearing is concluded and an
administrative decision has issued finding
a violation of this article. The director may
from time to time establish rules
governing the conduct of such hearings.
(b) Municipal court enforcement. With or without the
issuance of an administrative written notice and order, the director of the
neighborhood and community services department, or an authorized
representative, or any officer of the Kansas City, Missouri Police Department
may initiate legal proceedings in municipal court for any violation of any of
the requirements or duties set out in this article.
(c) Injunction. With or without the issuance of an
administrative written notice and order or the initiation of legal proceedings
in municipal court, the City may apply to the appropriate court for injunctive
relief which would require the correction or abatement of any violation of this
article. The initiation or exhaustion of one of these enforcement proceedings
shall not be a prerequisite to the initiation of any other of these enforcement
proceedings. Different types of enforcement proceedings may be pursued
concurrently.
Sec. 12-282. Motion picture arcade booth
establishments; penalties.
(a) Any person convicted of a violation of this
article shall be punished for that violation by a fine of not less than
$150.00, but not more than $500.00, or by imprisonment of not more than 180
days, or by both such fine and imprisonment. All fines imposed shall be in
accordance with the minimum fine schedule set out in subsection (c) of this
section.
(b) Every day that a violation continues shall be
considered a separate offense, for which the violator may be arrested, tried
and convicted without necessity of further notice.
(c) Whenever the penalty is to be a fine or a fine
and imprisonment, the fine shall be no less than the minimum amount set out in
the following schedule:
(1) First offense . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . $150.00
(2) Second offense . . . . . . . . . . . . . . . .
. . . . . . . . . . . $250.00
(3) Third offense . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . $350.00
(4) Fourth and subsequent offenses . . . . . . . .
. . . . . . . $500.00
In determining the applicable minimum fine, an offense
shall be considered a recurring offense only if the defendant has previously
pleaded or been found guilty of violating the same duty or requirement at the
same location.
Sec. 12-283. Motion picture arcade booth
establishments; severability.
It is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses and phrases of
this article are severable, and if any phrase, clause, sentence, paragraph or
section of this article shall be declared unconstitutional or invalid by the
valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this article, since the same
would have been enacted by the City Council without the incorporation in this
Code of any such unconstitutional or invalid phrase, clause, sentence,
paragraph or section.
___________________________________________________
Approved as to form and
legality:
_________________________________
Assistant City Attorney