committeesub
[COMMITTEE SUBSTITUTE FOR] ORDINANCE NO. 260557
title
Sponsor: Mayor Quinton Lucas
COMMITTEE SUBSTITUTE
Amending Chapter 48, Code of Ordinances, Nuisances, by enacting a new Section 48-52, Illegal business operations, for the purpose of declaring businesses operating without required licenses, permits, or other governmental approvals to constitute a nuisance, thereby allowing for the abatement thereof as otherwise provided in Chapter 48, Code of Ordinances, to protect public health, safety, and welfare.
body
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, City has seen unlawful business operations 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 apparent 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 safety risks requiring City intervention; and
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, the City 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 enforcement 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, Nuisances, 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 business conducted within the city:
(1) without first obtaining and maintaining all licenses, permits, registrations, certificates, approvals, or other authorizations required by this 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 by this code or other applicable law 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 pursuant to this code or other applicable law, are hereby declared to constitute a nuisance.
(b) Any property, premises, structure, building, dwelling, room, lot, parcel of land, establishment, venue, place 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 this 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 by this code or other applicable law 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 pursuant to this code or other applicable law, are hereby declared to constitute a nuisance.
(c) 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.
(d) 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.
end
______________________________________________________
Approved as to form:
______________________________
Emalea Kohler
Associate City Attorney