ORDINANCE NO. 260557
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Sponsor: Mayor Quinton Lucas
Amending Chapter 48, Code of Ordinances, by enacting a new Section 48-52 for the purpose of declaring businesses operating without required licenses, permits, or other governmental approvals to constitute nuisances per se, thereby allowing for the abatement thereof to protect public health, safety, and welfare.
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WHEREAS, businesses operating without the licenses, permits, registrations, certificates, approvals, or authorization required by the City’s Code of Ordinances or other applicable law frequently evade health, safety, fire prevention, zoning, building, and regulatory oversight designed to protect the public; and
WHEREAS, unlawful business operations increasingly utilize transient and evolving business models, including changing operators, promoters, hosts, tenants, ownership structures, business names, social media accounts, online advertisements, booking arrangements, and locations in an effort to evade licensing, permitting, inspection, and other regulatory requirements intended to protect the public; and
WHEREAS, unlawful business operations may relocate among different properties or premises, utilize multiple venues, or repeatedly alter the identities of those involved in the operation of the business, thereby frustrating traditional enforcement mechanisms directed solely at a particular business entity or location; and
WHEREAS, business activity conducted without licenses, permits, registrations, certificates, approvals, or authorization required by the City’s Code of Ordinances or other applicable law frequently results in recurring disorder, unlawful alcohol activity, unsafe assembling, illegal commercial gatherings, unlawful occupancy, negative neighborhood impacts, and public health and sage risks requiring City intervention.
WHEREAS, such unlawful operations often lack required inspections, occupancy controls, security measures, insurance, and compliance with applicable codes and regulations, thereby creating conditions that threaten the public health, safety, and welfare; and
WHEREAS, businesses and properties operating outside the City’s regulatory framework create environments that attract, facilitate, or are associated with criminal activity because they lack the safeguards required of lawful businesses; and
WHEREAS, illegal business operations in Kansas City have been associated with violent crime, including mass shootings, illegal gambling, and other activities detrimental to surrounding neighborhoods and the City at large; and
WHEREAS, the City's licensing and permitting requirements are intended to promote public safety by ensuring that businesses and other regulated activities satisfy applicable health, safety, fire prevention, occupancy, and operational standards before commencing and continuing operations, and that compliance with such requirements helps protect the public, prevent crime, reduce negative impacts on surrounding neighborhoods, and preserve the health, safety, and welfare of the community; and
WHEREAS, Council finds that the operation of businesses without the licenses and permits required by law constitutes an unreasonable interference with the rights of residents to enjoy the safe and peaceful use of their property and places an undue burden on public safety resources; and
WHEREAS, effective nuisance abatement requires the ability to address both unlawful business operations and the properties and premises used in furtherance of such operations in order to prevent repeated evasion of the City's regulatory framework; and
WHEREAS, the purpose of this ordinance is to create a mechanism that allows the City to more swiftly address businesses operating outside the City’s regulatory framework; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 48, Code of Ordinances, is hereby amended by enacting a new Section 48-52, Illegal business operations, to read as follows:
Sec. 48-52. Illegal business operations.
(a) All businesses, enterprises, commercial activities, or operations conducted within the city:
(1) without first obtaining and maintaining all licenses, permits, registrations, certificates, approvals, or other authorizations required by the Code or other applicable law, including satisfaction and compliance with any condition precedent required to obtain or maintain such license, permit, registration, certificate, approval, or authorization;
(2) after the suspension, revocation, expiration, or denial of any license, permit, registration, certificate, approval, or other authorization required for lawful operation; or
(3) in a manner that exceeds, violates, or is inconsistent with the scope, conditions, limitations, approved use, zoning authorization, occupancy restrictions, hours of operation, or other requirements established by any license, permit, registration, certificate, approval, or other authorization issued by any governmental authority, are hereby declared to constitute a nuisance.
(b) Any property, premises, structure, building, dwelling, room, lot, parcel of land, establishment, venue, place, business, enterprise, commercial activity, operation, or portion thereof that is conducted, maintained, operated, occupied, or used within the city:
(1) without first obtaining and maintaining all licenses, permits, registrations, certificates, approvals, or other authorizations required by the Code or other applicable law, including satisfaction and compliance with any condition precedent required to obtain or maintain such license, permit, registration, certificate, approval, or authorization;
(2) after the suspension, revocation, expiration, or denial of any license, permit, registration, certificate, approval, or other authorization required for lawful operation; or
(3) in a manner that exceeds, violates, or is inconsistent with the scope, conditions, limitations, approved use, zoning authorization, occupancy restrictions, hours of operation, or other requirements established by any license, permit, registration, certificate, approval, or other authorization issued by any governmental authority, are hereby declared to constitute a nuisance.
(c) The following are also hereby declared to constitute nuisances:
(1) Any property, premises, structure, building, dwelling, room, lot, parcel of land, establishment, venue, place, business, enterprise, commercial activity, operation, , or portion thereof used for recurring or gatherings, parties, entertainment, performances, after-hours activity, or events conducted without permits, approvals, registrations, or licenses required by this Code or any other section of the Code of Ordinances, including but not limited to illegal clubs, illegal event spaces, unlawful banquet or entertainment venues, unlawful after-hours establishments, and dwelling units or short-term rentals used for commercial parties or events in violation of city requirements.
(2) Any property, premises, structure, building, dwelling, room, lot, parcel of land, establishment, venue, place, business, enterprise, commercial activity, operation, or portion thereof used in a manner having the purpose or effect of evading City licensing, permitting, inspection, or regulatory oversight by repeatedly changing or utilizing different operators, promoters, event hosts, managers, tenants, business names, ownership structures, corporate entities, agents, social media accounts, websites, online advertisements, booking platforms, booking arrangements, contact information, or other identifying characteristics while continuing substantially the same unlawful business activity at the same location shall constitute a nuisance under this section.
(3) Any property, premises, structure, dwelling unit, commercial space, or other place used for the unlawful manufacture, cultivation, preparation, processing, storage, distribution, sale, delivery, or giving away of controlled substances, counterfeit substances, or drug paraphernalia in violation of applicable the Code or applicable law is hereby declared to constitute a nuisance.
(d) For purposes of this section, the term "business" shall be construed broadly and includes any activity conducted for compensation, remuneration, profit, gain, or other commercial benefit, whether permanent, temporary, recurring, or occasional.
(e) Businesses, enterprises, and commercial activity or operation constituting nuisances under this section include but are not limited to:
(1) Entertainment venues, event spaces, after-hours establishments, dance halls, or similar operations conducted without required licenses or permits;
(2) Short-term rental operations conducted without required registrations, licenses, permits, or approvals, or operated in a manner inconsistent with the scope of any registration, permit, license, or authorization issued by the city, including use as an unlawful event space, after-hours establishment, or commercial entertainment venue.
(3) Gambling, bookmaking, pool selling, gaming, wagering, sweepstakes, trading, or similar operations conducted in violation of this Code or other applicable law, including any premises where “gray gaming” machines, gambling devices, gaming machines, sweepstakes devices, or other equipment used in furtherance of such unlawful activity are kept, maintained, operated, or made available for use.
The enumeration of examples contained in this section shall not be construed to limit the application of this section to any property, premises, structure, building, dwelling, room, lot, parcel of land, establishment, venue, place, business, enterprise, commercial activity, or operation otherwise meeting the requirements of this section.
(f) A nuisance under this section shall constitute a nuisance per se, and no showing of repeated violations, chronic nuisance activity, criminal convictions, calls for service, or the elements required under any other nuisance provision of this chapter shall be required to establish the existence of a nuisance.
(g) Each day that a nuisance exists in violation of this section shall constitute a separate violation.
(h) The owner, operator, manager, tenant, occupant, lessee, agent, permit holder, license holder, promoter, event host, advertiser, or any other person or entity having a legal interest in, possession of, control over, responsibility for, or the right to occupy the business, activity, operation, property, premises, or place constituting a nuisance under this section shall be jointly and severally responsible for the abatement of the nuisance and subject to any remedies authorized by this chapter.
Section 2. The duties and responsibilities imposed by this section are nondelegable.
Section 3. If any provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.
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Approved as to form:
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Emalea Kohler
Associate City Attorney