COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 110351

Amending Chapter 12, Article IV, Code of Ordinances, by repealing Article IV, Dance Halls, and enacting in lieu thereof new sections of like number and subject matter which more clearly define public dance and when a dance hall license is required.

WHEREAS, there has been an increase in illegal party houses that are attempting to operate as a private dance hall where it has been found that these private dances are being attended by the public at large; and

WHEREAS these illegal party houses commonly operate within the neighborhoods hours after the 1:30 a.m. public dance hall closing time as stated by the ordinance; and

WHEREAS these illegal party houses have been shown to be a public safety concern as incidents involving neighborhood vandalism, public urination, noise disturbances, shots fired, assault and homicide have occurred at these places; and

WHEREAS the ordinance does not adequately address the differences between a public and private dance and persons operating these private dance halls take advantage of this gray area in the ordinance; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 12, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Chapter 12, Article IV, and enacting in lieu thereof new sections of like number and subject matter to read as follows:

ARTICLE IV.  DANCE HALLS*

Sec. 12-141. Definitions

As used in this chapter:

Director unless otherwise described, means the director of finance of the city or his designee.

Private dance means any dance given or held at any location by a non-profit club, society, association or corporation organized for civic, fraternal, or charitable purpose, having a permanent membership to which members are not admitted for casual or limited times only and for admissions or initiation as members to which the same fee, if any, is charged all persons becoming members thereof (except those becoming life members), and the dues to which are required to be paid for periods of not less than six (6) months, and which club, society, association or corporation does not have any business or commercial purposes and which owns, rents, or maintains a place, building or house for the accommodation of its members for other material, social, civic, fraternal or charitable purposes besides that of dancing; and admission to which dance is granted to members and their invited guests only and from which the general public is excluded.

Public dance means every dance to which admission is or can be had or obtained by paying a fee or in connection with which any charge is made directly or indirectly for admission, and, generally shall include any dance to which the public can gain admission without the payment of any fee and includes every dance except “private dances” as defined in this section.

Public dance hall means any and every room, place, space, building or floor where a “public dance” is held or conducted.

Sec. 12-142.  General provisions.

(a)   Authority to prescribe additional regulations.  The director shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of his office and which are not inconsistent with the provisions of this article. 

(b)   Applicability.  This article shall not apply to a dance conducted at and sponsored by a public or private elementary school, secondary school, college or university. 

Sec. 12-143.  License required.

(a)   No person shall hold, conduct, operate or aid and assist in holding, operating or conducting any public dance as defined herein or to maintain or operate any public dance hall , restaurant, cabaret, public dance studio, room or place within the limits of the city without first securing from the director a license to do so under the terms of this article.

(b)   Licenses to be issued shall be classified by duration of operation as follows:

(1)    One day.

(2)    One month.

(3)    One year.

Sec. 12-144.  Permit required.

The commissioner of revenue or designee shall not issue a license for any public dance place described in this article unless the applicant for such license presents to him or her a permit to conduct a public dance at the location applied for, issued to such applicant by the director.

Sec. 12-145.  Application for permit.

The applicant for a permit required by this article must furnish the director, in writing, on blanks to be provided by the director for that purpose, the following:

(1)    The trade name and location of any such hall, restaurant, cabaret, public dance studio, room or place; and the bounds of the premises to be covered by such license.

(2)    The name and address of an individual applicant and the trade name under which business is to be conducted; if the applicant is a corporation, its name, date and place of incorporation, address of its principal place of business, and names of its principal officers, together with their respective residence addresses; and, if the applicant is a partnership or association, the names of the partners or other persons comprising the association and the business and residence address of each partner or person, and the trade name under which business is to be conducted.

(3)    The classification of license applied for, including the days and hours of the week at which such dancing shall be permitted or conducted and the age group of the public to be invited.

(4)    Proof that the individual applicant, each of the individual members if a partnership, or each of the principal officers if a corporation, is at least 18 years of age.

(5)    Other information as the director may determine to be necessary in the administration of this article and shall require by regulation.

Sec. 12-146.  Compliance with other regulations.

No permit required by this article shall be issued until the applicant has shown to the satisfaction of the director that the premises upon which dancing by the public is to be licensed complies with the building codes, zoning, fire, health and property maintenance ordinances of the city and with regulations of such departments of the city.

Sec. 12-147.  Character of licensee and employees.

(a)   No person, partnership or corporation shall be or remain qualified for a license under this article if such person, any member of such partnership, any officer or director of such corporation, or any agent, servant or employee of such applicant or licensee shall not be a person of good moral character. The director shall conduct an investigation for the purpose of making this evaluation.

(b)   No permit shall be issued to any applicant, nor shall any license be retained by any licensee, if the individual, any member of the partnership, any officer or director of a corporation, or any agent, servant or employee of such applicant or licensee shall have been convicted of any drug or narcotic offense, sexual offense, prostitution, or offense involving the welfare or abuse of a child or minor during the five years immediately prior to the date of application, or during the duration of the license.

Sec. 12-148.  Denial of permit.

(a)   Authority of director.  The director may refuse to grant a permit under this article for failure to comply with section 12-144, 12-145 or 12-146, or upon finding from previous experience or upon investigation of the proposed location that the operation of such a business or establishment will not be in the best interest of the locality involved. Failure of the director to grant a permit within 45 days of the receipt of the completed application shall be deemed denial of the application. 

(b)   Right to hearing.  Any applicant aggrieved by the refusal of the director to issue a permit may request, and the director shall hold, a hearing in the manner provided in this article to determine whether such permit shall be granted. The request shall be made in writing within ten days after the applicant has been notified of the refusal of the director to grant the permit. 

(c)   Criteria.  In determining whether or not the proposed business is in the best interest of the locality involved, the director shall consider: 

(1)    Whether the proposed premises are within 250 feet of residentially zoned property and whether operation of the business or establishment will create a nuisance to that property;

(2)    Whether the operation of the business or establishment will create a noise disturbance as defined in chapter 46;

(3)    Whether the operation of the business or establishment will prove a menace to the public safety; and

(4)    Whether the operation of the business or establishment will cause traffic congestion or parking problems, or cause or contribute to crime or disturbances in the locality.

Sec. 12-149.  Hearing procedure.

(a)   In any instance in this article wherein a hearing is required, the director shall, after no less than ten days' written notice to interested parties, hold such hearing to ascertain all facts in the matter.

(b)   An applicant or licensee shall have full right to be represented by counsel, to produce witnesses and other evidence, and to cross examine all witnesses who appear against him. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearing shall be recorded and transcribed as required by law. The director may receive evidence relevant to the issues from the applicant or licensee or from other sources. Witnesses may be subpoenaed, and, upon request of any party, the director shall issue subpoenas, and, in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in the circuit court.

(c)   The director shall issue findings of fact and conclusions of law, and an order wherein he may issue or refuse to issue a permit, or dismiss the complaint, or suspend or revoke a permit previously issued, or renew or refuse to renew a permit previously issued. The director's order shall be served upon the applicant or licensee in person or by registered or certified mail to the applicant's or licensee's last known address. If the director suspends or revokes or refuses to renew a permit previously issued, he shall notify the commissioner of revenue, who shall, in reliance thereon, suspend, revoke or not renew the license issued pursuant to that permit.

Sec. 12-150.  Violations by licensee or employees.

It shall be unlawful for any licensee mentioned in this article, or his agent, servant or employee, to:

(1)    Permit the licensed premises to remain open for business between the hours of 1:30 a.m. and 7:30 a.m.; except that those businesses which have obtained a Convention Trade Area 3:00 a.m. closing permit in accordance with section 10-126 may remain open until 3:00 a.m.

(2)    Permit any disturbances, disorderliness, lewdness, immoral activities or brawls on the premises.

(3)    Allow or permit alcoholic beverages, as defined in chapter 10, to be brought onto or consumed on the premises, unless such premises are properly licensed for the sale or consumption of alcoholic beverages.

Sec. 12-151.  Responsibilities of licensee.

The licensee under this article is at all times responsible for the conduct of the business and for any act or conduct of any employee on the premises which is in violation of this article or regulations of the director. It shall be the duty and responsibility of the licensee and the person in charge of the licensed premises to supervise the operation and conduct of the business in a diligent manner and to make reasonably certain the provisions of this article and regulations of the director are not violated.

Sec. 12-152.  Inspections.

The director is hereby empowered to appoint inspectors of public dance halls and places licensed for dancing by the public, and all such places shall be open to the inspections of the director or inspectors appointed by him or to any member of the police department at any time during the hours allowed for business and at other reasonable times.

Sec. 12-153.  Suspension or revocation of license.

Whenever the director has information that:

(1)    A licensee under this article or any employee, agent or servant has violated any of the provisions of this article;

(2)    The license or permit held by such person was obtained through materially false statements in the application for such license or permit, or renewal thereof;

(3)    A licensee failed to make a complete disclosure of all pertinent information in the application for such license or permit, or renewal thereof; or

(4)    Any of the conditions listed in section 12-148 has developed subsequent to the issuance of the permit; then the director shall hold a hearing in the manner provided in this article to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the licensee and shall be served upon the licensee in person or by registered or certified mail to the licensee's last known address. If the director finds and concludes from the evidence that the licensee or any employee, agent or servant has violated any of the provisions listed in this section, he may suspend, for a period not to exceed 90 days, or revoke the permit issued under this article.

Sec. 12-154.  Renewal of permit.

(a)   Permits issued under this article may be renewed, depending on the duration of operation, by making application to the director on forms provided for that purpose. One-year licenses shall expire on December 31 of each calendar year, and renewal applications for such licenses shall be submitted before such expiration date.

(b)   If the director has information that the applicant has not satisfied or does not continue to satisfy all the other requirements of this chapter, the director, in his discretion, may refuse to renew such permit. In the event of such refusal, the applicant shall be granted a hearing before the director, to be held in the manner provided in this article. Notice of such hearing shall be held in writing, and shall set forth the reason for the hearing or the complaint against the licensee, and shall be served upon the licensee in person or by registered or certified mail to the licensee's last known address.

Sec. 12-155.  Penalty for violation of article.

It shall be unlawful for any person to keep or operate a dance hall as defined in this article without having secured a license, or to violate any of the other provisions of this article. Upon conviction thereof, such person shall be punished by a fine not less than $100.00 and not more than $500.00, or be punished by imprisonment in a correctional institution, not to exceed six months, or be punished by both fine and imprisonment. Each and every day that such a public dance hall or place where dancing by the public is permitted or conducted without a license shall constitute a separate offense.

Secs. 12-156--12-180.  Reserved.

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Approved as to form and legality:

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Kathy Adams

Assistant City Attorney