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Legislation #: 170666 Introduction Date: 8/24/2017
Type: Ordinance Effective Date: 10/20/2017
Sponsor: COUNCILMEMBERS SHIELDS, REED AND LUCAS
Title: Establishing a program for the purpose of recognizing and honoring employers electing to pay the higher minimum wage as overwhelmingly approved by the voters at the August 8, 2017 election; appropriating $10,000.00 for the purpose of funding such program; amending Chapter 50, Article IX, Code of Ordinances, entitled Consumer Protection, by revising Sections 50-291 and 50-296 and enacting new Sections 50-304 and 50-305 for the purpose of prohibiting certain false statements or actions with respect to the payment of such wages; and recognizing this ordinance as having an accelerated effective date.

Legislation History
DateMinutesDescription
8/24/2017 Filed by the Clerk's office
8/24/2017 Referred to Finance and Governance Committee
8/30/2017 Hold On Agenda (9/6/2017)
9/20/2017 Hold On Agenda (9/27/2017)
9/27/2017 Hold On Agenda (10/11/2017)
10/11/2017 Do Pass as a Second Committee Substitute
10/12/2017 Assigned Third Read Calendar as Substituted
10/19/2017 Councilmember Shields (Second by Reed) Move to Amend
10/19/2017 Councilmember Shields (Second by Reed) Move to Suspend Ordinance
10/19/2017 Held off Docket
7/18/2018 Release
7/24/2018 Released

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170666

 

Establishing a program for the purpose of recognizing and honoring employers electing to pay the higher minimum wage as overwhelmingly approved by the voters at the August 8, 2017 election; appropriating $10,000.00 for the purpose of funding such program; amending Chapter 50, Article IX, Code of Ordinances, entitled Consumer Protection, by revising Sections 50-291 and 50-296 and enacting new Sections 50-304 and 50-305 for the purpose of prohibiting certain false statements or actions with respect to the payment of such wages; and recognizing this ordinance as having an accelerated effective date.

  WHEREAS, on August 8, 2017, the voters of Kansas City voted by a supermajority of nearly 70% to establish a higher minimum wage for the workers of Kansas City; and

 

WHEREAS, the City Council had previously acted to set a higher minimum wage for the workers of Kansas City; and

 

WHEREAS, the Missouri General Assembly has attempted to prohibit the City from enforcing the will of the voters or of their elected representatives with respect to the increase of the minimum wage; and

 

WHEREAS, the action of the General Assembly, should it be successful in its efforts, will not diminish the moral responsibility of employers to pay a living wage to their employees; and

 

WHEREAS, the City Council previously adopted Resolution No. 170628 encouraging employers to voluntarily comply with the higher minimum wage as adopted by the voters on August 8, 2017; and

 

WHEREAS, the Kansas City Public Library has already announced its decision to voluntarily comply with the higher minimum wage; and

 

WHEREAS, customers and consumers have the right to decide whether and with which businesses they choose to spend their funds based on the wage decision of such businesses; and

 

WHEREAS, businesses voluntarily complying with the higher minimum wage should be publicly recognized; and

 

WHEREAS, consumers should be protected from false representations with respect to the payment of a higher minimum wage so that they do not make their decisions on where to shop based on material misrepresentations; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Manager or his or her designee shall establish and maintain a list on the City’s website of all businesses electing to voluntarily comply with the higher minimum wage as adopted by the voters on August 8, 2017.

 

Section 2. That the City Manager or his or her designee is directed to establish such processes and procedures as are appropriate for the purpose of notifying businesses of the provisions of this ordinance and shall cause certificates suitable for public posting to be prepared for and distributed to those businesses appearing on the City Clerk’s higher minimum wage registry.

 

Section 3. That the City Manager or his or her designee is directed to establish enforcement processes or procedures for this ordinance.

 

Section 4. That the appropriation in the following account of the General Fund is reduced by the following amount:

 

18-1000-179990-B Contingent Appropriation $10,000.00

 

Section 5. That the sum of $10,000.00 is hereby appropriated from the General Fund as a transfer to the following account:

 

18-1000-021500-B City Clerk $10,000.00

 

Section 6. That Chapter 50, Article IX, Code of Ordinances, is hereby amended by repealing and reenacting Section 50-291, to read as follows:

 

Section 50-291. Definitions.

 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

City counselor means the city counselor and his employees or designated agents.

 

Consumer transaction means the advertising, offering for sale, sale, lease, rental, repair or distribution of any merchandise to an individual for purposes that are primarily personal, family or household; or any credit or debit involving such transactions.

 

Employee means any individual employed by an employer.

 

Employer means any person employing one or more employees.

 

Merchandise includes any service or any property, tangible or intangible, real, personal or mixed, or any other object, ware, good, commodity or article of value, wherever situated.

 

Person means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.

 

Supervisor means the supervisor of the division of consumer affairs and his employees or designated agents.

 

Unlawful business practice means any practice declared unlawful by section 50-292.

 

Section 7. That Chapter 50, Article IX, Code of Ordinances, is hereby amended by repealing and reenacting Section 50-296, to read as follows:

Section 50-296. Penalty for violation of article.

 

Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine not to exceed $500.00, and each day that a violation of this article continues shall constitute a separate offense.

 

Section 8. That Chapter 50, Article IX, Code of Ordinances, is hereby amended by enacting a new Section 50-304, to read as follows:

 

Section 50-304. Misrepresentation of employee compensation.

 

No employer shall knowingly represent or cause or suffer another to represent to any consumer, with the intent to deceive, that such employer’s employees are being paid the minimum wage established by Chapter 38, Article IV, Code of Ordinances, entitled “Living Wage”, as adopted by the voters on August 8, 2017, unless such higher wages are being paid in fact.

 

Section 9. That Chapter 50, Article IX, Code of Ordinances, is hereby amended by enacting a new Section 50-305, to read as follows:

 

Section 50-305. Payment of a higher minimum wage.

 

No property owner, landlord or trade association shall prohibit any person from voluntarily complying with the minimum wage established by Chapter 38, Article IV, Code of Ordinances, entitled “Living Wage”, as adopted by the voters on August 8, 2017, or from publicly posting a statement of such voluntary compliance.

 

Section 10. That this ordinance is recognized as having an accelerated effective date within the provisions of Section 503 of the City Charter in that it appropriates money, and shall take effect in accordance with that section.

 

________________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

 

  ___________________________________

Brian T. Rabineau

Assistant City Attorney