Title 5 - Business Licenses and Regulations

5.05.010 Definitions.

For the purposes of this Chapter and unless the context plainly requires otherwise, the following definitions are adopted:

5.05.020 License Required for Adult Business.

1. A.
   It shall be unlawful for any Person to Operate or maintain an Adult Business in the City unless the owner, Operator or lessee thereof has obtained an Adult Business license from the City, or to Operate such business after such license has expired or been revoked or suspended by the City.
2. B.
   It is unlawful for any Entertainer, Server, Employee, Manager, Operator or owner to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed Adult Business.
3. C.
   The failure to post an Adult Business license in the manner required herein shall be prima facie evidence that an Adult Business has not obtained such a license. In addition, it shall be prima facie evidence that any Entertainer, Employee, Manager or owner who performs any business, service or entertainment in an Adult Business in which an Adult Business license is not posted in the manner required herein had knowledge that such business is not licensed.
4. D.
   Any business that engages in the exchange, rental, or sale of Adult Media if such business is not open to the public in general but only to one or more classes of the public, excluding any Minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of Specified Sexual Activities or Specified Anatomical Areas shall be deemed to have consented to periodic entry into and inspection of the business premises by appropriate City officials and inspection by those officials of only those business records necessary for the limited purpose of determining whether such business enterprise is in compliance with this Ordinance. This entry and inspection shall take place during hours when such business is open to the public, unless otherwise requested by the business, and shall not unreasonably interfere with the conduct of such business.

(History: Ord. AEB-2416 §2, 2003; AEB-1944 §2, 95; AEB-1935 §2, 95; AEB-1846 §2, 94; AEB-1837 §2, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.030 License Required for Managers, Servers and Entertainers.

It is unlawful for any Person to work as an Entertainer, Server or Manager at an Adult Business without first obtaining a license to do so from the City, or to work as an Entertainer, Server or Manager at an Adult Business after such Person's license to do so has expired or been revoked or suspended.

(History: Ord. AEB-2416 §3, 2003; AEB-1944 §3, 95; AEB-1935 §3, 95; AEB-1846 §3, 94; AEB-1837 §3, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.040 License, Classification and Fees.

1. A.
   The license year for all fees required herein shall be from each January 1 through December 31. The application for a license shall be accompanied by payment in full of the fee stated herein by certified or cashier's check or money order, and no application shall be considered complete until such fee is paid.
2. B.
   All licenses shall be issued for a specific location and shall be nontransferable, and license fees shall be nonrefundable.
3. C.
   The classification of licenses and fees for each shall be as follows:

   1. 1.
      Adult Business license fee is $250.00 per year;
   2. 2.
      Manager's license fee is $20.00 per year;
   3. 3.
      Entertainer's license fee is $20.00 per year;
   4. 4.
      Server's license fee is $20.00 per year.

(History: Ord. AEB-2416 §4, 2003; AEB-1944 §4, 95; AEB-1935 §4, 95; AEB-1846 §4, 94; AEB-1837 §4, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.045 License Limited to One Identifiable Type of Adult Use.

All Adult Business licenses shall be issued only for the one Adult Business use listed on the application. Any change in the type of adult use shall invalidate the Adult Business license and require the licensee to obtain a new license for the change in use. A separate license is required for each adult use. The establishment or maintenance of more than one Adult Business in the same building, structure or portion thereof is prohibited.

(History: Ord. AEB-2416 §5, 2003; AEB-1944 §5, 95; AEB-1935 §5, 95; AEB-1846 §5, 94; AEB-1837 §5, 93)

Effective on: 1/1/1901

5.05.050 License Applications.

1. A.
   Adult Business License.
   All Persons desiring to secure a license to Operate an Adult Business as required herein shall make a verified application with the City Clerk. All applications shall be submitted in the name of the Person who owns the Adult Business. The application shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by its President. If the applicant is a partnership, the application shall be signed by a partner. If the applicant is a limited liability company, the application shall be signed by a member. In all other instances where the owner is not an individual, the application shall be signed by an authorized representative of the owner. The City Clerk may require proof of authorization before accepting an application. All applications shall be submitted on a form supplied by the City Clerk and shall require all of the following information:

   1. 1.
      The name, any aliases, mailing address for receipt of notices, home telephone number, occupation, date and place of birth and social security number of the applicant.
   2. 2.
      The tax identification number and registered agent if the owner is required to have a tax identification number or registered agent.
   3. 3.
      The name of the Adult Business, a description of the type of Adult Business to be performed on the licensed premises, and the name of the owner of the premises where the Adult Business will be located.
   4. 4.
      The names, social security numbers and dates of birth of all partners, if the applicant is a partnership or limited liability partnership; and if the applicant is a corporation or limited liability company, the same information for all stockholders or members who own more than a 25% interest in the company.
   5. 5.
      A statement from the applicant whether the applicant and each Person required to be identified in the application pursuant to subparagraph 4 above, in previously operating in this or another city, county or state, has had an Adult Business license of any type revoked or suspended, and if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation.
   6. 6.
      A statement from the applicant and each Person required to be identified in the application pursuant to subparagraph 4 above that each such Person has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of, or diverted from prosecution on, a misdemeanor or municipal ordinance violation, or released from confinement for conviction of a misdemeanor or municipal ordinance violation, whichever event is later, within two (2) years immediately preceding the application, where such felony, misdemeanor or municipal ordinance violation constitutes a Specified Criminal Act.
   7. 7.
      On applications requesting a license to Operate a Bath House, the applicant shall provide for each Employee, a health certificate from a duly licensed Kansas or Missouri physician stating that within 90 days prior thereto, the applicant and all other Persons working on the premises have been examined and found free of any Contagious or Infectious Disease. This shall be a continuing requirement. For each Person who is employed, the above described health certificate shall be submitted to the City Clerk within forty-eight (48) hours of the time such Person begins employment
   8. 8.
      If the applicant is a corporation or limited liability company, a current certificate of registration issued by the Kansas Secretary of State.
   9. 9.
      A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Ordinance regulating Adult Businesses.

1.   
   Failure to provide the information and documentation required herein shall constitute an incomplete application and shall not be processed by the City. The City Clerk shall notify the applicant whether or not the application is complete within five (5) working days of the date the application is received by the City Clerk; in the event the City Clerk has determined that the application is incomplete, the notification to the applicant shall include a written explanation of the reason(s) why the application is incomplete.

2. B.
   Manager, Server or Entertainer License.
   All Persons desiring to secure a license to be a Manager, Server or Entertainer shall make a verified application with the City Clerk. All applications shall be submitted in the name of the Person proposing to be a Manager, Server or Entertainer. All applications shall be submitted on a form supplied by the City Clerk and shall require all of the following information:

   1. 1.
      The applicant's name, any aliases, mailing address for receipt of notices, home telephone number, date and place of birth, social security number, and, in the case of Entertainers, any stage names or nicknames used in entertaining.
   2. 2.
      The name and address of each Adult Business where the applicant intends to work as a Manager, Server or Entertainer.
   3. 3.
      A statement from the applicant that the applicant has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of, or diverted from prosecution on, a misdemeanor or ordinance violation, or released from confinement for conviction of a misdemeanor or ordinance violation, whichever event is later, within two (2) years immediately preceding the application, where such felony, misdemeanor or ordinance violation constitutes a Specified Criminal Act.
   4. 4.
      The applicant shall present to the City Clerk, who shall copy, documentation that the applicant has attained the age of 18 years at the time the application is submitted. Any of the following shall be accepted as documentation of age:

      1. a.
         A motor vehicle operator's license issued by any state, bearing the applicant's photograph and date of birth;
      2. b.
         A state-issued identification card bearing the applicant's photograph and date of birth;
      3. c.
         An official and valid passport issued by the United States of America;
      4. d.
         An immigration card issued by the United States of America;
      5. e.
         Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk; or
      6. f.
         Any other form of identification deemed reliable by the City Clerk.

2.   
   Failure to provide the information required herein shall constitute an incomplete application and shall not be processed by the City. The City Clerk shall notify the applicant whether or not the application is complete within five (5) working days of the date the application was received by the City Clerk; in the event the City Clerk has determined that the application is incomplete, the notification to the applicant shall include a written explanation of the reason(s) why the application is incomplete.

3. C.
   Application processing.
   Upon receipt of an application for an Adult Business, Manager, Server or Entertainer license, the City Clerk shall immediately transmit one copy of the application to the Chief of Police for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the Director of Planning and Development Services and the Fire Inspector. It shall be the duty of the Chief of Police to investigate such application to determine whether the information contained in the application is accurate and whether the application meets the requirements herein for issuance of the license for which the application is made. The Chief of Police shall report the results of the investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. It shall be the duty of the Director of Planning and Development Services and the Fire Inspector to determine whether the structure where the Adult Business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. The Director of Planning and Development Services and the Fire Inspector shall report the results of their investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. Upon receipt of the reports from the Chief of Police, the Director of Planning and Development Services and the Fire Inspector, the City Clerk shall schedule the application for consideration by the Governing Body at the earliest meeting consistent with the notification requirements established by law; provided, however, that the license application for an Adult Business, Server, Manager or Entertainer license shall be scheduled for hearing and either approved or disapproved within thirty (30) days from the date the application is received by the City Clerk, irrespective of whether the City Clerk has received timely reports from the Chief of Police, the Director of Planning and Development Services and the Fire Inspector. The applicant shall be notified in writing of the date when the Governing Body will consider the application and shall be afforded an opportunity to be heard at that meeting.

(History: Ord. AEB-2416 §6, 2003; AEB-2246 §1, 2001; AEB-1944 §6, 95; AEB-1935 §6, 95; AEB-1846 §6, 94; AEB-1837 §6, 93; AEB-1782A §2, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.060 Examination of Application, Issuance of License, Disapproval.

1. A.
   The Governing Body shall examine an application for an Adult Business license, or a Manager, Server or Entertainer license, within thirty (30) days of the date such application was received by the City Clerk. After such examination, the Governing Body shall approve the issuance of a license only if the appropriate license fee has been paid, the applicant is qualified and all the applicable requirements set forth herein are met. No license shall be approved for any Person ineligible pursuant to the provisions herein. All incomplete applications shall be denied.
2. B.
   The record of the Governing Body shall show the action taken on the application, and if the license is granted, the Governing Body shall direct the City Clerk to issue the proper license. The Adult Business license and all Manager, Server and Entertainer licenses shall state that it is not transferable to other Persons or entities and the calendar year for which it is issued.
3. C.
   If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant's last known mailing address, and the letter of notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in the Overland Park Municipal Court by filing a notice of appeal with the Clerk of the Municipal Court within thirty (30) days of the date of the letter of notification. A copy of the notice of appeal shall be immediately filed with the City Clerk. A memorandum of points and authorities in support of the appeal shall be served and filed concurrently with the appeal, and appellant shall immediately serve a copy of the appeal and the memorandum of points and authorities upon the City Attorney. Within fifteen (15) days of receipt of a copy of the notice of appeal, the City Clerk shall prepare and file the administrative record with the Clerk of the Municipal Court. Counsel for the City shall serve and file a memorandum of points and authorities in opposition to the appeal within fifteen (15) days after service of the appellant's appeal and memorandum of points and authorities. Appellant may serve and file a reply memorandum of points and authorities not later than three (3) days after service of the City's opposition memorandum. Within twenty-five (25) days after the appeal and accompanying memorandum of points and authorities are filed with the Clerk of the Municipal Court and served upon the City Clerk and the City Attorney, the Municipal Court shall conduct a hearing on the appeal. The Municipal Court shall rule on the appeal within thirty (30) days after the appeal and accompanying memorandum of points and authorities are filed with the Clerk of the Municipal Court and served upon the City Clerk and the City Attorney. If the Municipal Court has not decided the validity of the license denial within thirty (30) days after the appeal and accompanying memorandum or points and authorities is filed with the Clerk of the Municipal Court and served upon the City Clerk and the City Attorney, the City Clerk shall immediately issue a temporary license to the appellant. The temporary license shall remain in effect only until the Municipal Court has rendered its opinion concerning the validity of the license denial. In the event that the last day of any time period set forth above falls upon a Saturday, Sunday or a legal holiday (as defined by K.S.A. 60-206), the time period shall run until the end of the next day which is not a Saturday, Sunday or a legal holiday. Appeals of the decision of the Municipal Court may be taken as authorized and in the manner provided by Chapter 12, Article 46, of the Kansas Statutes Annotated, as amended.

(History: Ord. AEB-2416 §7, 2003; AEB-2414 §1, 2002; AEB-1944 §7, 95; AEB-1935 §7, 95; AEB-1846 §7, 94; AEB-1837 §7, 93; AEB-1782A §3, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.070 License -Ineligibility and Disqualification.

No person is eligible nor shall a license be issued to:

1. A.
   An applicant for an Adult Business license if one or more of the following conditions exist:

   1. 1.
      The premises for which an application for an Adult Business has been made is located within six hundred (600) feet of any school, church, licensed child care center, public park, or property zoned or used for residential purposes, which uses are located within the city limits. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the premises from which the Adult Business would be Operated to the nearest point on the property line of any school, church, licensed day care center, public park or property zoned or used for residential purposes located within the City;

      1. a.
         provided the phrase "property zoned or used for residential purposes" shall not include any property zoned for residential use for which a special use permit has been granted for an indefinite period of time which permit allows a non-residential use;
      2. b.
         provided further, the list of protected uses set forth herein shall exclude streets, alleys and highway rights-of-way;
      3. c.
         provided further, any school, church or licensed day care center located within commercially zoned property pursuant to a special use permit shall not be included as a protected use.
   2. 2.
      The premises for which an application for an Adult Business has been made is located within five hundred (500) feet of any other business located within or without the City meeting the definition of Adult Business as set forth in this Ordinance, regardless of whether such other business has applied for or received a license to Operate an Adult Business at that location. Measurements shall be made in a straight line, without regard to intervening structures or objects from the premises from which the proposed Adult Business would be Operated to the nearest point on the property line of such other business meeting the definition of Adult Business as set forth in this Ordinance;
   3. 3.
      The applicant knowingly failed to supply all of the information requested on the application;
   4. 4.
      The applicant knowingly gave materially false, fraudulent or untruthful information on the application;
   5. 5.
      The applicant's proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinances of the City, provided, that upon a showing that the premises meets said requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the Governing Body;
   6. 6.
      The applicant has been convicted, released from incarceration for conviction or diverted on any Specified Criminal Act during the time period set forth herein;
   7. 7.
      The applicant has had an Adult Business license or comparable license revoked or suspended in this or any other city during the past five (5) years; or
   8. 8.
      If the applicant is applying for a license to Operate a Bath House or body painting studio and applicant has not produced a health certificate as required herein for all Persons working on the premises.
2. B.
   An applicant for a Manager, Server or Entertainer license if one or more of the following conditions exist:

   1. 1.
      The applicant has been convicted, released from incarceration for conviction or diverted on any Specified Criminal Act during the time period set forth herein;
   2. 2.
      The applicant knowingly failed to provide all of the information required on the application;
   3. 3.
      The applicant knowingly gave materially false, fraudulent or untruthful information on the application;
   4. 4.
      The applicant has had a Manager, Server or Entertainer license revoked or suspended in this or any other city during the past five (5) years; or
   5. 5.
      The applicant is applying for a license for a Manager, Server or Entertainer in a Bath House and has not produced a health certificate as required herein.

(History: Ord. AEB-2416 §8, 2003; AEB-2027 § 2, 97; AEB-1944 §8, 95; AEB-1935 §8, 95; AEB-1846 §8, 94; AEB-1837 §8, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.080 Standards of Conduct.

It shall be unlawful for any Adult Business, or any Manager, Server, Entertainer or Employee thereof, or any Patron of an Adult Business, while on or about the premises of the business, to knowingly fail to adhere to the following standards of conduct, as applicable:

1. A.
   Identification Cards. Any Manager, Server or Entertainer issued a license under this Chapter shall, at all times when working in an Adult Business, have in their possession a valid identification card issued by the City, bearing the permit number, the Employee's physical description and a photograph of such Employee. Such identification cards shall be laminated to prevent alteration.
2. B.
   Age Restriction. Minors shall not be permitted on the premises of any Adult Business.
3. C.
   Exterior Observation. The premises of all Adult Businesses will be so constructed as to ensure that the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building.
4. D.
   Exterior Display. No Adult Business will be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or Persons depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas, as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
5. E.
   Nudity Prohibited. No Manager, Employee, Server, Entertainer or Patron in an Adult Business other than a licensed Bath House shall be Nude.
6. F.
   Sale or Consumption of Alcohol Prohibited. No alcoholic liquor or cereal malt beverages shall be sold or consumed on the premises of an Adult Business.
7. G.
   Specified Criminal Acts and Specified Sexual Activities Prohibited. No Manager, Employee, Server, Entertainer or Patron of an Adult Business shall engage in any Specified Criminal Act or any Specified Sexual Activity on the premises of the business.
8. H.
   Certain Other Acts Prohibited.

   1. 1.
      No Manager, Employee, Server, Entertainer or Patron shall wear or use any device or covering exposed to view which simulates any Specified Anatomical Area or use artificial devices or inanimate objects to simulate or depict any Specified Sexual Activity while on the premises of an Adult Business.
   2. 2.
      All dancing or other live Adult Entertainment on the licensed premises shall only occur upon a stage at least two (2) feet above the immediate floor level and removed at least six (6) feet from the nearest Patron. The six-foot boundary from the outer edge of the stage shall be painted or otherwise clearly indicated on the floor so that Patrons will not cross the six-foot boundary. The absence of this demarcation will create a presumption that there have been violations of these standards of conduct during performances in unmarked areas. No Manager in charge of the Adult Business at the time shall knowingly permit any Patron to have any physical contact with an Entertainer or to cross the six-foot boundary while the Entertainer is engaged in a performance of Adult Entertainment. No Patron shall intentionally have any physical contact with an Entertainer or cross the six-foot boundary while the Entertainer is engaged in a performance of Adult Entertainment. No Entertainer shall engage in any performance of Adult Entertainment except upon the stage.
   3. 3.
      No Employee, Server or Entertainer of an Adult Business while on the premises of the business shall knowingly touch, fondle or caress any Specified Anatomical Area of another Person, or knowingly permit another Person to touch, fondle or caress any Specified Anatomical Area of such Employee, Server or Entertainer, whether such Specified Anatomical Area is clothed, unclothed, covered or exposed. No Patron while on the premises of an Adult Business shall knowingly touch, fondle or caress any Specified Anatomical Area of an Employee, Server or Entertainer employed by the Adult Business, whether such Specified Anatomical Area is clothed, unclothed, covered or exposed.
   4. 4.
      No Entertainer shall solicit, demand or receive any payment or gratuity from any Patron for any act prohibited herein and while on the premises of an Adult Business and no Entertainer shall receive any payment or gratuity from any Patron for any entertainment except as follows:

      1. a.
         While such Entertainer is on the stage a Patron may place such payment or gratuity into a container provided by the Adult Business for the receipt of gratuities to be located outside the six-foot boundary surrounding the stage; or
      2. b.
         While such Entertainer is not on the stage but while on the premises of an Adult Business and is clothed so as to not expose to view any Specified Anatomical Area, a Patron may place such payment or gratuity into the Entertainer's hand.
   5. 5.
      No owner, Operator or Manager of an Adult Business shall:

      1. a.
         knowingly permit alcoholic liquor or cereal malt beverages to be brought, sold or consumed upon the premises;
      2. b.
         knowingly allow or permit any Employee of the business or any Patron to engage in any Specified Criminal Act or any Specified Sexual Activity on the premises;
      3. c.
         knowingly allow or permit any Minor to be in or upon the premises of an Adult Business;
      4. d.
         knowingly allow or permit a violation of this Ordinance or any other city ordinance provision or state law to occur on the premises.
9. I.
   Signs required. All Adult Entertainment Businesses that provide live entertainment shall conspicuously display in the common area at the principal entrance to the premises, a sign, on which uppercase letters shall be at least two (2) inches high, and lowercase letters at least one inch high, which shall read as follows:

10. J.
    Lighting required. The premises of all Adult Businesses shall be equipped with overhead lighting in every place to which customers are permitted access, at an illumination of not less than one footcandle, as measured at the floor level, and such illumination must be maintained at all times that any customer or Patron is present in or on the premises.
11. K.
    Closed booths or rooms prohibited. The interior premises of all Adult Businesses shall be configured in such a manner that there is an unobstructed view from a Manager's station of every area of the premises to which any Patron is permitted access for any purpose excluding restrooms. The view required must be by direct line of sight from the Manager's station. Adult Media Viewing Booths are prohibited.
12. L.
    Ventilation and sanitation requirements. The premises of all Adult Businesses shall be kept in a sanitary condition. Except as otherwise provided herein, separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
13. M.
    Hours of operation. No Adult Business may be open or in use between the hours of 2:00 a.m. and 9:00 a.m. on any day other than a Sunday. No Adult Business may be open between the hours of 2:00 a.m. and 12:00 noon on a Sunday.
14. N.
    Facilities necessary. No Adult Business license to conduct a Bath House shall be issued unless an inspection by the Code Official, and/or Administrator, Environmental Health, or his/her authorized representative reveals that the premises on which the applicant intends to conduct such business complies with each of the following minimum requirements:

    1. 1.
       The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given or showers taken. Floors shall be free from any accumulation of dust, dirt, or refuse. All equipment used in the business' operation shall be maintained in a clean and sanitary condition. Towels, linen, and items for personal use of Operators and Patrons shall be clean and freshly laundered. Towels, cloths, and sheets shall not be used for more than one Patron. Heavy, white paper may be substituted for sheets provided that such paper is changed for every Patron. No activity related to an Adult Business shall be carried on within any cubicle, room, booth, or any area within any permitted establishment which is fitted with a door capable of being locked.
    2. 2.
       Plumbing facilities shall be provided as required by O.P.M.C., 16.130, as amended.
    3. 3.
       Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.

10.   
    The Code Official, and/or Administrator, Environmental Health, shall certify that the proposed business establishment complies with all of the requirements of this section and shall give or send such certification to the City Clerk. Provided, however, that nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof. The appropriate City official may recommend the issuance of a license contingent upon the compliance with any requirements in this section.

(History: Ord. AEB-2416 §9, 2003; AEB-2246 §2, 2001; AEB-2027 §3, 97; AEB-1944 §9, 95; AEB-1935 §9, 95; AEB-1846 §9, 94; AEB-1837 §9, 93; AEB-1782A §4, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.090 License - Posting or Display.

1. A.
   Every Person licensed as an Adult Business shall post such license in a conspicuous place and manner on the Adult Business premises.
2. B.
   Every Person holding a Server, Manager or Entertainer license shall post his or her license in his or her work area on the Adult Business premises so it shall be readily available for inspection by City authorities responsible for enforcement of this Ordinance.

(History: Ord. AEB-2416 §10, 2003; AEB-1944 §10, 95; AEB-1935 §10, 95; AEB-1846 §10, 94; AEB-1837 §10, 93; AEB-1782A §5, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.100 Manager on Premises.

1. A.
   A Manager shall be on duty at all Adult Businesses at all times the premises are open for business. The name of the Manager on duty shall be prominently posted during business hours.
2. B.
   It shall be the responsibility of the Manager to verify that any Person who provides Adult Entertainment or works as a Server within the premises possesses a current and valid Entertainer or Server's license and that such licenses are prominently posted. It shall also be the responsibility of the Manager to ensure that Minors do not enter upon the premises of an Adult Business.

(History: Ord. AEB-2416 §11, 2003; AEB-1944 §11, 95; AEB-1935 §11, 95; AEB-1846 §11, 94; AEB-1837 §11, 93; AEB-1782A §6, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.110 Inspectors and Inspections.

All Adult Businesses shall permit representatives of the police department or any other City official acting in their official capacity to inspect the premises as necessary to ensure the business is complying with all applicable regulations and laws.

(History: Ord. AEB-2416 §12, 2003; AEB-1944 §12, 95; AEB-1935 §12, 95; AEB-1846 §12, 94; AEB-1837 §12, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.120 Suspension, Revocation, or Nonrenewal -- License.

Suspension, revocation or nonrenewal of licenses may be justified whenever the City Clerk has information that:

1. A.
   The owner or Operator of an Adult Business or a holder of a Manager, Server or Entertainer license has violated, or knowingly allowed or permitted the violation of, any of the provisions of this Ordinance; or
2. B.
   There have been recurrent violations of provisions of this Ordinance that have occurred under such circumstances that the owner or Operator of an Adult Business knew or should have known that such violations were committed; or
3. C.
   The Adult Business license or the Manager, Server or Entertainer license was knowingly obtained through false statements in the application for such license, or renewal thereof; or
4. D.
   The Adult Business licensee or the Manager, Server or Entertainer licensee knowingly failed to make a complete disclosure of all information in the application for such license, or renewal thereof; or
5. E.
   The licensee has become disqualified from having a license by conviction of a Specified Criminal Act.
   
   Upon receipt of any of the information set forth above, the City Clerk shall make this information known to the Governing Body, which, upon five (5) days written notice to the Person holding the license, shall conduct a public hearing to determine whether the license should be suspended or revoked. The Governing Body may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Governing Body may take any of the following actions:

   1. 1.
      Direct the City Clerk to suspend the license for up to ninety (90) days; or
   2. 2.
      Direct the City Clerk to revoke the license for the remainder of the license year; or
   3. 3.
      Direct the City Clerk to place the license holder on administrative probation for a period of up to one year, on the condition that no further violations of the Ordinance occur during the period of probation. If a violation does occur and after a hearing the violation is determined to have actually occurred, the license will be revoked for the remainder of the license year.

(History: Ord. AEB-2416 §13, 2003; AEB-1944 §13, 95; AEB-1935 §13, 95; AEB-1846 §13, 94; AEB-1837 §13, 93; AEB-1782A §7, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.130 Renewal.

1. A.
   A license may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses shall expire on December 31 of each calendar year, and renewal applications for such licenses shall be submitted between December 16 and December 31.
2. B.
   Upon timely application and review as provided for a new license, a license issued under the provisions of this Ordinance shall be renewed by issuance of a new license in the manner provided herein for the initial issuance of the license.
3. C.
   If the application for renewal of a license is not made during the time provided herein, the expiration of such license shall not be affected, and a new application shall be required.

(History: Ord. AEB-2416 §14, 2003; AEB-1944 §14, 95; AEB-1935 §14, 95; AEB-1846 §14, 94; AEB-1837 §14, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.140 Judicial Review - Stay of Enforcement of Orders.

Following the entry of an order by the City Clerk suspending or revoking a license issued pursuant to this Ordinance, or disapproving the renewal application for a license, such licensee or applicant may seek judicial review in the Overland Park Municipal Court by filing a notice of appeal with the Clerk of the Municipal Court within thirty (30) days of the date of the letter of notification. A copy of the notice of appeal shall be immediately filed with the City Clerk. A memorandum of points and authorities in support of the appeal shall be served and filed concurrently with the appeal, and appellant shall immediately serve a copy of the appeal and the memorandum of points and authorities upon the City Attorney. The City Clerk shall stay enforcement of any such order pending the final disposition of the appeal by the Municipal Court. Within fifteen (15) days of receipt of a copy of the notice of appeal, the City Clerk shall prepare and file the administrative record with the Clerk of the Municipal Court. Counsel for the City shall serve and file a memorandum of points and authorities in opposition to the appeal within fifteen (15) days after service of the appellant's appeal and memorandum of points and authorities. Appellant may serve and file a reply memorandum of points and authorities not later than three (3) days after service of the City's opposition memorandum. Within twenty-five (25) days after the appeal and accompanying memorandum of points and authorities are filed with the Clerk of the Municipal Court and served upon the City Clerk and the City Attorney, the Municipal Court shall conduct a hearing on the appeal. The Municipal Court shall rule on the appeal within thirty (30) days after the appeal and accompanying memorandum of points and authorities are filed with the Clerk of the Municipal Court and served upon the City Clerk and the City Attorney. In the event that the last day of any time period set forth above falls upon a Saturday, Sunday or a legal holiday (as defined by K.S.A. 60-206), the time period shall run until the end of the next day which is not a Saturday, Sunday or a legal holiday. Appeals of the decision of the Municipal Court may be taken to the Johnson County District Court as authorized and in the manner provided by Chapter 12, Article 46, of the Kansas Statutes Annotated, as amended. In the event of such an appeal to the District Court, the City Clerk need not stay enforcement of any order pending the final disposition of proceedings for judicial review unless ordered to do so by the District Court.

(History: Ord. AEB-2416 §15, 2003; AEB-2414 §2, 2002; AEB-1944 §15, 95; AEB-1935 §15, 95; AEB-1846 §15, 94; AEB-1837 §15, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.150 Penalty.

It shall be unlawful for any Person to violate any of the provisions of this Ordinance. Upon conviction thereof, such Person shall be fined not less than $1.00 nor more than $500.00, or be punished by incarceration for up to six (6) months, or by both such fine and incarceration. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this Ordinance shall constitute a separate and distinct offense.

(History: Ord. AEB-2416 §16, 2003; AEB-1944 §16, 95; AEB-1935 §16, 95; AEB-1846 §16, 94; AEB-1837 §15, 93; AEB-1782A §8, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.160 Regulations.

The City Clerk shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of his/her office and which are not inconsistent with the provisions of this ordinance.

(History: Ord. AEB-1944 §17, 95; AEB-1935 §17, 95; AEB-1846 §17, 94; AEB-1837 §17, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901

5.05.165 Savings Clause.

Neither the adoption of this ordinance nor the repeal or amendment of any ordinance or part or portion thereof shall in any manner affect the prosecution or civil enforcement for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(History: Ord. AEB-2027 §4, 97)

Effective on: 1/1/1901

5.05.170 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this ordinance, or the application thereof to any circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance.

(History: Ord. AEB-1944 §18, 95; AEB-1935 §18, 95; AEB-1846 §18, 94; AEB-1837 §18, 93)

Effective on: 1/1/1901

5.05.180 Application to Existing Businesses.

1. A.
   The provisions of this Ordinance shall apply to all Adult Businesses existing on the effective date of Ordinance No. AEB-1837 as well as to all Adult Businesses established after the effective date of Ordinance No. AEB-1837.
2. B.
   Any Adult Business lawfully operating on December 15, 1993, that does not comply with section 5.05.070 A (1) and (2) herein shall be deemed a nonconforming business. The nonconforming business will be permitted to continue for a period not to exceed six (6) months, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming businesses shall not be increased, enlarged, extended or altered except that the business may be changed to a conforming business. If two (2) or more Adult Businesses are within 500 feet of one another and otherwise in a permissible location, the Adult Business which was first established and continually operating at a particular location is the conforming business and any later- established business is nonconforming.
3. C.
   An Adult Business lawfully operating as a conforming business is not rendered nonconforming by the location, subsequent to the grant or renewal of the Adult Business license, of a school, church, licensed day care center, public park or property zoned or used for residential purposes located within the City limits and within six hundred (600) feet of the Adult Business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.
4. D.
   Any nonconforming business may apply to the Governing Body for an extension of time beyond that date provided herein within which to terminate the nonconforming business or make the business conforming. No such extension of time shall be granted for a period longer than one (1) year after the termination date otherwise set forth herein and shall be granted only upon a showing of extreme hardship.

(History: Ord. AEB-2416 §17, 2003; AEB-1944 §19, 95; AEB-1935 §19, 95; AEB-1846 §19, 94)

Effective on: 1/1/1901

5.05.190 Retail Sales of Adult Media.

1. A.
   Applicability. This section shall apply to any bookstore, video store or other similar retail store in which Adult Media constitutes more than ten (10) percent but not more than forty (40) percent of the store's inventory at any time, or where Adult Media constitutes more than ten (10) percent but not more than forty (40) percent of the merchandise displayed for sale or rental at any time, or where Adult Media occupies more than ten (10) percent but not more than forty (40) percent of the sales floor area of the business (not including store rooms, stock areas, restrooms, or any portion of the business not open to the public) at any time.
2. B.
   Prohibition of Public Display. The owner or Manager of a store to which this section is applicable shall have the affirmative duty to prevent the display of Adult Media at or within the portions of the business open to Minors.
3. C.
   Display of Adult Media. Adult Media in a store to which this section applies shall be kept in a separate room or section of the store, which room or section shall:

   1. 1.
      Not be open to any Minor;
   2. 2.
      Be physically and visually separate from the rest of the store by an opaque wall or durable material reaching at least eight (8) feet high or to the ceiling, whichever is less;
   3. 3.
      Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and
   4. 4.
      Have access controlled by electronic or other means to provide assurance that Minors will not accidentally enter such room or section.

(History: Ord. AEB-2416 §18, 2003)

Effective on: 1/1/1901

5.06.010 Definitions.

5.06.020 Permit Required; Unlawful Acts; Exception.

1. A.
   It is unlawful for any person, firm, partnership, association, corporation, business, company or organization of any kind to be in control of any building, structure, premise or facility on which an operating alarm system is located without first obtaining a permit for such alarm system. Provided, the provisions of this Section are not applicable to local alarm systems affixed to motor vehicles.
2. B.
   A permit fee of $10.00 will be charged for each alarm permit issued. This fee shall be paid to the City Clerk prior to issuance of the permit. All valid alarm permits in effect on December 31, 1995, and all alarm permits issued after that date shall be valid as long as the permit holder continuously operates an alarm system at the same location. Permit holders are required to verify the continued operation of the permitted alarm when such information is requested by the City staff either orally or in writing. Alarm users who fail to secure an alarm permit prior to placing it in operation shall be charged a $25.00 late fee if the alarm user has not secured an alarm permit within 30 days of receipt of notice from the City that an alarm permit is required, unless the Chief of Police or his designee waives the late fee for good cause shown. This late fee shall be in addition to and separate from the $10.00 alarm permit fee. Nonpayment of the $25.00 late fee is a violation of this ordinance. An alarm permit will not be issued until both the $25.00 late fee and the $10.00 alarm permit fee are paid. Failure to secure an alarm permit within 30 days of receipt of notice that an alarm permit is required may also result in the Chief of Police or his or her designee directing that police response to future burglar alarms be terminated, until both the $10 license fee and the $25 late fee are paid in full. The alarm coordinator’s office shall send notification of the "non-response" order to the alarm user by regular mail. Alarm users may appeal the "non-response" order to the Overland Park Municipal Court in writing within 15 days of the date the order was mailed.
   
   The hearing on appeal shall be as provided in O.P.M.C. Section 5.06.05. During the pendency of any appeal the "non-response" order shall remain in effect. Upon payment of the required fees the order of "non-response" shall be terminated, provided nothing contained in this paragraph or Section shall imply or otherwise convey the impression that there exists a duty or a duty is created that would require a law enforcement response to any alarm received by the police department upon payment of the required fees. It is a violation of this ordinance to operate an alarm without a permit. Violations may be prosecuted in the municipal court. Upon request, applicants for an alarm permit shall provide proof of alarm system acquisition and installation.

(History: Ord. APD-3006 §1, 2013; APD-2811 §1, 2009; APD-2120 §1, 98; Ord. APD-2104 §1, 98; Ord. APD-2063A §1, 97; APD-2063 §1, 97; APD-1982 §2, 96; APD-1957 §2, 95; APD-1897 §1, 94; APD-1809 §2, 93; APD-1140 §2, 81)

Effective on: 1/1/1901

5.06.030 Application for Permit; Non-transferability; Exceptions.

1. A.
   In accordance with O.P.M.C. 5.06.020, every alarm user or operator shall obtain an alarm permit from the Police Department Alarm Coordinator's office prior to operation or activation of an alarm system. Alarm permits are non- transferable. Each separate building, structure, business, premise or facility maintaining one or more alarm systems must obtain an alarm user's permit. Each permit shall bear the signature of the Chief of Police or his or her designee and shall be physically kept upon the premises using the alarm system and shall be available for inspection by the Chief of Police, his or her designee or any police officer upon request.
2. B.
   An alarm user which is a governmental political unit shall be subject to this ordinance; but such governmental political unit shall not be subject to the payment of any fees.
3. C.
   An alarm user which temporarily and in cooperation with the Overland Park Police Department possesses, maintains, or controls an alarm system owned by the Overland Park Police Department shall be subject to this ordinance; provided however, such alarm user shall not be subject to the payment of any fees.

(History: Ord. APD-1982 §3, 96; APD-1957 §3, 95; APD-1897 §2, 94; APD-1809 §3, 93; APD-1336 §2, 85; APD-1140 §3, 81)

Effective on: 1/1/1901

5.06.040 Regulations; Requirements; Duties; Unlawful Acts.

1. A.
   The Chief of Police or his or her designee may require inspection of any or all alarm systems installed within the City.
2. B.
   Local alarm systems shall not emit a sound similar to that of an emergency vehicle siren or a civil defense warning system.
3. C.
   Local alarm systems shall be equipped to automatically discontinue emitting an audible sound within 15 minutes of activation.
4. D.
   Whenever a change occurs relating to the written information required by this ordinance, the alarm user shall give written notice thereof to the Alarm Coordinator's office within 15 days after such becomes effective.
5. E.
   Alarm users shall notify the police communications center prior to any service, test, repair, maintenance, adjustment, alteration or installation of a local or police monitored alarm system which might activate a false alarm. Upon the completion of such service, test, repair, maintenance, adjustment, alteration or installation, the alarm user shall notify the police communications center of such completion. The police communication's officer shall forward this information to the Alarm Coordinator's office as requested.
6. F.
   An alarm business, alarm user, employee of a central station protective system or employee of an answering service charged with the responsibility of relaying a live voice request for police response upon the activation of an alarm system shall give the following information to the police communications center at the time of such request: address of alarmed location; type of alarm system that has been activated; name of commercial business or full first and last name of resident; specific location of the building, structure or facility protected by the activated alarm; name of the alarm business making request if applicable; name of person making the request; and a phone number where the requesting party can be contacted. It is the sole responsibility of the person making such request to notify authorized persons in control of such alarmed building, structure or facility that such alarm has been activated.
7. G.
   The Alarm Coordinator's office shall be responsible for determining which alarms constitute false alarms as defined by Section 5.06.010. A record of all false alarms shall be maintained by the Alarm Coordinator's office.
8. H.
   At the time of the first and second chargeable false alarms for any permittee within any permit year, the Alarm Coordinator's office will notify the permittee by first class mail of such occurrence and that additional chargeable false alarms during the permit year will require the payment of fees as per Section 5.06.050 of this Code.
9. I.
   It is unlawful for any person to activate any burglary, robbery or residential emergency alarm for the purpose of summoning police except in the event of an actual or attempted burglary, robbery or medical emergency or for such person notifying the police of an activated alarm and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system to fail to notify the police communications center of such malfunction.
10. J.
    It shall be unlawful to have or maintain an alarm system on any premise without providing address numbers which are clearly visible from the roadway abutting the property. For residential premises, the address numbers shall be placed in a position on the building or on any structure, mail box, sign or monument on the property that is securely fixed to the ground to be plainly legible and visible from the street or road fronting the property. For Commercial premises, the address numbers shall be posted to the left, right or overhead to the main entrance of the building, structure or facility and if such building, structure or facility is on a corner lot, address numbers shall face the street named in the official address as designated by the United States Postal Service.
11. K.
    The Chief of Police shall establish, distribute and cause the enforcement of Rules and Regulations, subject to the provisions of this chapter, as from time to time he/she deems it necessary for the implementation of this ordinance.

(History: Ord. APD-2735 §1, 2008; APD-1982 §4, 96; APD-1957 §4, 95; APD-1897 §3, 94; APD-1809 §4, 93; APD-1336 §3, 85; APD-1140 §4, 81)

Effective on: 1/1/1901

5.06.050 False Alarms; Fees Required; Grace Period; Right of Appeal.

1. A.
   The following fees shall be assessed alarm users who have recorded "chargeable" false alarms within a permit year:

   1. 1.
      There shall be no fees assessed for the first and second chargeable false alarms.
   2. 2.
      There shall be a fee of $50.00 assessed for the third chargeable false alarm.
   3. 3.
      There shall be a fee of $100.00 assessed for the fourth chargeable false alarm.
   4. 4.
      There shall be a fee of $150.00 assessed for the fifth chargeable false alarm.
   5. 5.
      There shall be a fee of $200.00 assessed for the sixth chargeable false alarm.
   6. 6.
      There shall be a fee of $250.00 assessed for the seventh chargeable and each subsequent chargeable false alarm.
2. B.
   The payment of the fees provided for in paragraph (a)(1-6) of this section shall be submitted to the City Clerk's office within 30 days of receiving notice that such fee is due.
3. C.
   Failure to pay false alarm fees is a violation of this ordinance. Violations may be prosecuted in the municipal court.
4. D.
   If within the first 45 days of use, a permittee's alarm system signals a false alarm, the first false alarm during this period shall be considered a nonchargeable false alarm. This one-time-nonchargeable false alarm is intended to afford the permittee the opportunity to make adjustments and corrections in the alarm system. This nonchargeable false alarm shall be in addition to the two chargeable false alarms permitted each permit year that are not assessed false alarm fees. Provided, the provisions of this paragraph are not applicable to alarm users operating an alarm system without a permit. Upon request, permittees shall provide proof of alarm system acquisition and installation.
5. E.
   Any alarm user who has been notified that a chargeable false alarm has been recorded and assessed against him/her may appeal such assessment of false alarm to the Chief of Police or his or her designee by filing a written notice of appeal with the Chief of Police within 15 days of the date of the notice of such assessment of false alarm. The filing of such notice shall stay the effect of the assessment and false alarm fee until a decision on the appeal is rendered by the Chief of Police or his or her designee.
   Subsequent to considering the statements and other evidence of the person appealing, the Chief of Police or his or her designee shall have the power to uphold or set aside the assessment of chargeable false alarm and fees. Any person aggrieved by or dissatisfied with the decision of the Chief of Police or his or her designee, may within 15 days of the date of the decision, file a written notice or statement of appeal from said decision, to the Overland Park Municipal Court for an administrative hearing. The written notice shall be filed with the clerk of the municipal court and a copy of the notice of appeal delivered to the Chief of Police.

The filing of a written appeal under this subsection shall stay any false alarm fee assessed by the Chief of Police or his or her designee.

(History: Ord. APD-1982 §5, 96; APD-1957 §5, 95; APD-1912 §1, 95; APD-1897 §4, 94; APD-1809 §5, 93; APD-1403 §1, 86; APD-1336 §4, 85; APD-1140 §5, 81)

Effective on: 1/1/1901

5.06.052 Police Non-Response to Alarms and Permit Revocation.

1. A.
   Subsequent to the ninth false alarm during the calendar year, the Alarm Coordinator's office shall send notification to the alarm user by regular mail of the following information:
   That if an additional false alarm occurs during the calendar year, the Alarm Coordinator's office will review the alarm user's history to include past and ongoing efforts to eliminate false alarms. Based on this review, the Alarm Coordinator's office will make a recommendation to the Chief of Police as to whether the police should terminate its response to future burglar alarms and to revoke the alarm user's permit.
2. B.
   Upon receipt of a recommendation of non-response and permit revocation, the Chief of Police shall review the recommendation and may direct the non-response to any subsequent burglar alarms and revocation of alarm permit. Only the Chief of Police or the Acting Chief of Police may direct the non-response to burglar alarms and revocation of permit. The police non-response to burglar alarms and revocation of permit shall remain in effect until the alarm user meets the requirements for reinstatement of response and reissuance of revoked alarm permit as set forth herein. Only the Chief of Police or the Acting Chief of Police may direct the reinstatement of response to burglar alarms and reissuance of alarm permit.
3. C.
   Alarm users may appeal a non-response order and permit revocation to the municipal court in writing within 15 days after receipt of the notice of non-response from the Chief of Police. Police response and active status of alarm permit will continue while an appeal is pending. Appeals of non-response orders and permit revocation shall be conducted in accordance with the procedures set forth in O.P.M.C. Section 5.06.055.
4. D.
   Non-response orders, notice of permit revocation and information concerning the right to appeal the non-response order and permit revocation will be sent to the alarm user by certified mail at least thirty days prior to the effective date of the non-response order and permit revocation.
5. E.
   Alarm users may apply for reinstatement of police response to burglar alarms and reissuance of alarm permit by applying in writing on a form provided by the Alarm Coordinator's office. The Chief of Police may set aside the non-response order and reissue the alarm permit upon finding that reasonable efforts have been made to correct the alarm user’s problem with false alarms. Reasonable efforts shall include but not be limited to:

   1. 1.
      Submission of a written report from the alarm company servicing the alarm, certifying that the system has been inspected, repaired if required and that it is functioning properly.
   2. 2.
      Payment of all license permit and false alarm fees.
   3. 3.
      Proof of a valid alarm permit.
   4. 4.
      If a residence, the alarm user must show proof that the alarm user and all adults residing in the household where the alarm is located have received training from their alarm company on steps to avoid false alarms. The Chief of Police may waive this requirement at his or her discretion.
   5. 5.
      If a commercial establishment, the alarm user must show written proof that all supervisory personnel working on the alarmed premises have received training from their alarm company on steps to avoid false alarms. The Chief of Police may waive this requirement at his or her discretion.
   6. 6.
      Submission of a false alarm prevention report that clearly sets forth the actions taken to discover and eliminate false alarms and what actions will be taken in the future to eliminate false alarms. False alarm prevention report forms will be provided by the Alarm Coordinator's office.
   7. 7.

      Payment of a fifty dollar ($50) administrative review fee. If the Alarm Coordinator's office determines that the required corrective action has been taken, the office will submit a report to the Chief of Police documenting the corrective action and recommending whether the alarm user should be reinstated to response status and the user's permit reissued.

      Subsequent to reviewing the reinstatement recommendation of the Alarm Coordinator's office, the Chief of Police may reinstate police response to burglar alarms and reissue the user's alarm permit or may after consultation with the Alarm Coordinator's office, establish additional requirements to substantiate that "reasonable efforts" are being made to correct the problem with false alarms.

Activation of the alarm system during the period an alarm permit has been revoked shall constitute a violation of this ordinance. Violations may be prosecuted in the municipal court.

(History: Ord. APD-3040 §2, 2014; APD-1982 §6, 96)

Effective on: 1/1/1901

5.06.054 No Duty Created.

Nothing contained herein, to include but not limited to, non-response to burglar alarm orders, permit revocation or reinstatement orders issued by the Chief of Police, shall:

1. A.
   Preclude the police department from responding on a discretionary basis to panic alarms, ambush alarms, telephonic or other communications describing emergencies or crimes in progress, or routine calls for service, or
2. B.
   Be construed in any fashion to create a duty for the police to respond under any circumstance, or
3. C.
   Limit the police department from assessing fees for false alarms or issuing notices to appear for violations of this ordinance.

(History: Ord. APD-1982 §7, 96)

Effective on: 1/1/1901

5.06.055 Appeals, Administrative Hearing.

The hearing on appeal provided for in O.P.M.C. 5.06.050 shall be conducted by an Overland Park Municipal Court judge who shall sit as an administrative judge for purposes of this chapter. The hearing on appeal shall be scheduled and held by the municipal court no later than ten business days after the notice of appeal is filed with the clerk of the court. The time of the hearing shall be set by the clerk of the municipal court. The sole issue for determination by the court shall be whether the decision of the Chief of Police or his or her designee was within the scope of his/her authority, supported by substantial evidence and not arbitrary and capricious. The Court shall make specific findings of fact and conclusions of law in each case.

Pursuant to its role as administrative judge, the Court is empowered to hold hearings, subpoena witnesses, take the testimony of any person under oath and in connection therewith, to require the production of any evidence relating to any matter being heard. In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify in any matter regarding which he or she may be lawfully questioned, the Court may order such person to comply with such subpoena and testify; and failure to obey the Court's order may be punished by the Court as contempt.

(History: Ord. APD-1912 §2, 95)

Effective on: 1/1/1901

5.06.070 Automatic Dialing Devices; Certain Interconnections Prohibited; Exceptions.

1. A.
   It is unlawful for any person to program an automatic dialing device to select a primary trunk line; and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device within 12 hours of receipt of written notice from the Alarm Coordinator's office that it is so programmed.
2. B.
   It is unlawful for any person to program an automatic dialing device to select a secondary trunk line; and it is unlawful for an alarm user to fail to disconnect or reprogram such device within 12 hours of receipt of written notice from the Alarm Coordinator's office that an automatic dialing device is so programmed.

(History: Ord. APD-1982 §8, 96; APD-1140 §7, 81)

Effective on: 1/1/1901

5.06.080 Confidentiality; Statistics.

1. A.
   All information submitted in compliance with this ordinance shall be held in strictest confidence subject to the provisions of the Kansas Open Records Act; shall be deemed a public record exempt from disclosure; and shall be kept so that the contents thereof shall not be known except to persons authorized with the administration and enforcement of this ordinance. The Alarm Coordinator shall be charged with the sole responsibility for the maintenance of all records of any kind whatsoever under this ordinance.
2. B.
   Subject to the requirements of confidentiality and the provisions of the Kansas Open Records Act, the Alarm Coordinator shall develop and maintain statistics having the purpose of assisting alarm system evaluation for use by members of the public and Governing Body.

(History: Ord. APD-1809 §6, 93; APD-1140 §8, 81)

Effective on: 1/1/1901

5.06.090 Penalty.

Any person convicted of a violation of any of the provisions of or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a public offense and punished by a fine of not more than $500 or by imprisonment not to exceed six months or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the City ordinance is committed, continued or permitted by any such person.

(History: Ord. APD-1140 §9, 81)

Effective on: 1/1/1901

5.06.100 Severability.

If any part or parts of this ordinance shall be held to be invalid, such invalidity shall not effect the validity of the remaining parts of this ordinance. The Governing Body declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts thereof would be declared invalid.

(History: Ord. APD-1140 §10, 81)

Effective on: 1/1/1901

5.08.001 Definitions.

As used in this chapter, the words and phrases defined in this section shall have the following meanings, unless the context otherwise requires.

5.08.006 Permit Required.

It is unlawful for any person, firm, partnership or corporation, other than the City of Overland Park, to operate an exhibition of any product, merchandise or service for profit anywhere within the city, or to operate any carnival, circus, street fair or similar public performance or amusement enterprise providing any amusement rides, or dispensing of food and beverage within the city, without first securing a permit from the Governing Body for the operation of such exhibition, carnival, circus, amusement enterprise or street fair.

(History: Ord. CAR-1436 §1, 87; CAR-1256 §2, 84; CAR-769; CAR-744; CAR-715; CAR-689; CAR-590 §1,70)

Effective on: 1/1/1901

5.08.008 Prohibited Activities; Games of Chance; Amusement Rides on Public Right-of-Way.

It shall be unlawful for any person, firm, partnership or corporation to operate or permit the operation of any game of skill or game of chance where prizes are offered in connection with such carnivals, circuses, street fairs, or amusement enterprises. In addition, it shall be unlawful for any person, firm, partnership or corporation, other than the City of Overland Park, to operate or permit the operation of any amusement rides on public streets or in the public right-of-way.

(History: Ord. CAR-1436 §2, 87; CAR-1256 §3, 84)

Effective on: 1/1/1901

5.08.009 North of 111th Street - Conditions Allowed.

Repealed.

(History: Ord. CAR-769; CAR-744; CAR-715; CAR-689; CAR-590)

Effective on: 1/1/1901

5.08.020 Permit Procedure.

1. A.
   Any person, firm, partnership or corporation desiring to secure a permit, as provided for in Section 5.08.006, shall make an application to the Governing Body for issuance of a permit. Each application shall be accompanied by a permit fee of one hundred dollars which shall be refunded in the event the application is denied. The application for the issuance of a permit shall be made to the office of City Clerk, and a hearing for the consideration of such application shall be at the earliest regular meeting of the Governing Body thereafter.
2. B.
   Each application for a permit shall be accompanied by a plot plan specifying the location of such exhibition, carnival, circus, amusement enterprise or street fair in relation to existing buildings, drive areas, located on the tract and the amount of space available for off-street parking of vehicles.
3. C.
   It is unlawful for any person, firm, partnership or corporation, other than the City of Overland Park, to operate and maintain an exhibition, carnival, circus, amusement enterprise or street fair other than in compliance with all terms, conditions and regulations of the permit as granted by the Governing Body. Failure to comply with any such terms, conditions and regulations of a permit shall immediately void the permit.

(History: Ord. CAR-1436 §3, 87; CAR-769 §2, 73; CAR-590 §2, 70; CAR-199B; CAR-199A; CAR-199 §1, 63)

Effective on: 1/1/1901

5.08.030 Standards of Issuance of Permit.

1. A.
   Standards and regulations applicable to all exhibitions, carnivals, circuses, amusement enterprises or street fairs, except those directly sponsored, promoted, and conducted by the City of Overland Park, are as follows:

   1. 1.
      The starting time for any such exhibition, carnival, circus or amusement enterprise or street fair shall be no earlier than 1 p.m. with the exception of any Saturday and Sunday which may have a starting time of 9 a.m. and noon respectively. The closing time for any such exhibition, carnival, circus, amusement enterprise or street fair shall be no later than 10:30 p.m. with the exception of any Friday and Saturday, which may have a closing time of 11 p.m.
   2. 2.
      A certificate of insurance shall accompany the permit application providing the following:
      Coverage

      1. a.
         General liability including products/ completed operations, broad form contractual, independent contractors and personal injury.
      2. b.
         Automobile liability including all owned, non-owned, and hired vehicles.

Limits

Minimum:

1.   
   1.   
      1. a.
         $5,000,000 each occurrence if amusement rides or other similar devices are used on the premises;
      2. b.
         $1,000,000 for each occurrence if amusement rides or other similar devices are not in use on the premises.

Liability insurance requirements may be modified or waived at the City's discretion upon approval by the Governing Body. A written application requesting deviation from the specific insurance requirements set forth in this ordinance, in the form of a certificate of insurance evidencing the applicant's insurance coverage, must first be filed with the City Clerk who shall forward to the City's Risk Manager, who shall forward to the Governing Body his or her reasoning for any recommended modification or waiver, or denial thereof, prior to Governing Body action on the permit application.

If an excess liability policy is used to supplement the primary limits of protection, it must be issued on a "following forms" basis.

The City of Overland Park, the sponsoring organization, and the owner of the premises being used to accommodate the amusement enterprise shall be named as "additional insureds" on all liability insuring agreements offered in compliance with this ordinance.

The permittee, upon receipt of notice of any claim in connection with this permit, shall promptly notify the City with full details thereof including an estimate of the amount of loss or liability. The permittee shall promptly notify the City of any impairment or reduction of primary or excess coverage in excess of $10,000 whether or not such impairment of liability came about in connection with this permit.

In the event, after notice of loss, the City shall determine that the permittee's aggregate coverage shall have been impaired or reduced to such an extent that the City shall determine such limits inadequate, the permittee shall upon notice from the City, promptly reinstate the original limits of liability required hereunder and shall furnish evidence thereof to the City in a form satisfactory to the City.

The City will only accept coverage from an insurance carrier who offers proof that it:

1.   
   1.   
      1. a.
         is licensed to do business in the State of Kansas;
      2. b.
         carries a Best's policyholder rating of A or better; and
      3. c.
         carries at least a Class X financial rating; or is a company mutually agreed upon by the City and the permittee.

1.   
   3. 3.
      Any one such event shall not cover an area in excess of twenty-five thousand square feet.
   4. 4.
      Public sanitary facilities shall be provided for use at the time of first utilization by the permittee of the location of such exhibition, carnival, circus, amusement enterprise or street fair, provided that the public sanitary facilities shall be in a condition approved by the City Environmental Health Officer.
   5. 5.
      The Governing Body must approve the site location of any such exhibition, carnival, circus, amusement enterprise or street fair.
   6. 6.
      Any person, firm, partnership or corporation operating any such exhibition, carnival, circus, amusement enterprise or street fair shall be subject to and shall comply with all pertinent City ordinances and regulations not in conflict herewith. Provided, however, that compliance with Overland Park Municipal Code 18.36.010 shall not be required.
   7. 7.
      The permittee shall, prior to commencing operation of any such exhibition, carnival, circus, amusement enterprise, or street fair, provide the City Clerk with a Certificate of Inspection. Each Certificate shall:

      1. a.
         Be signed by the insurance carrier or authorized agent;
      2. b.
         State the date of inspection and the items inspected, including, but not limited to, any and all rides, attractions, structures, related utilities, and support equipment and supplies;
      3. c.
         Specifically state any and all known defects or dangerous conditions, including defects or conditions which could be reasonably discovered pursuant to an inspection, concerning any and all rides, attractions, structures, related utilities, and support equipment and supplies.

A valid inspection shall be an inspection performed by the insurance company providing the insurance required by this ordinance within the most recent annual quarter under the terms of the insurance coverage. Further, the existence of a defective or otherwise dangerous condition may be sufficient reason to deny the permit requested.

A permittee's failure to provide a proper Certificate of Inspection prior to commencing the operation of any such exhibition, carnival, circus, amusement enterprise, or street fair is guilty of a public offense, and upon conviction, shall be punished as provided in 1.12.010. The City of Overland Park may further enforce violation of this section by maintaining any action in the appropriate court for injunction to enforce the provisions of this chapter, to cause the correction of any such violation, for assessment and recovery of a civil penalty for such violation, or to pursue other appropriate civil remedy.

2. B.
   Additional standards applying to any exhibition, carnival, circus, amusement enterprise or street fair, except those directly sponsored, promoted, and conducted by the City of Overland Park, are as follows:

   1. 1.
      Not more than four such events shall be allowed in any one calendar year on any one site.
   2. 2.
      Any one such event shall not continue any longer than seven consecutive days.
   3. 3.
      The site location as shown on the plot plan shall not be closer than eight hundred feet to any developed areas zoned R-1 through R-6. The City Council may waive or modify this requirement, after a public hearing for which notice has been given to all property owners within the affected portion of the eight hundred foot area, upon a finding that the purpose and intent of this requirement will be satisfied and that the public health, safety and welfare will not be adversely affected by such waiver or modification.

(History: Ord. NOI-2287 §6, 2001; CAR-1677 §1, 91; CAR-1564 §1, 88; CAR-1436 §4, 87; CAR-1282 §1, 84; CAR-1256 §4, 84; CAR-1226 §1, 82; CAR-715 §2, 72; CAR-590 §3, 70; CAR-199C, 70 CAR-199 §2, 63)

Effective on: 1/1/1901

5.08.040 Duty of Permittee to Restore Location.

The permittee shall clean and restore the location where the exhibition, carnival, circus, street fair or similar amusement enterprise operates during the term of the permit to the condition which existed thereon prior to the occurrence of the event.

(History: Ord. CAR-769 §4, 73; CAR-590 §4, 70)

Effective on: 1/1/1901

5.08.050 Inspection and Approval of Premises.

The director of health for Overland Park, Kansas, shall inspect and approve that the permittee's premises at the authorized location comply with all laws, both state and federal, and ordinances and regulations of the city governing public health, safety and welfare.

(History: Ord. CAR-769 §5, 73; CAR-590 §5, 70)

Effective on: 1/1/1901

5.08.060 Compliance with Ordinances and Regulations.

Any person, firm, partnership or corporation holding a permit issued by authority of this chapter shall comply with all ordinances or regulations of the City during the term of the permit, and violation thereof shall constitute a cause for the immediate revocation of such permit at the election of the City.

(History: Ord. CAR-769 §6, 73; CAR-590 §6, 70)

Effective on: 1/1/1901

5.12.010 Definitions.

As used in this Chapter, the words and phrases defined in this Section shall have the following meanings, unless the context otherwise requires.

5.12.020 License Required - Unlawful Acts.

1. A.
   Subject to Subparagraph B, no Person shall sell any Cereal Malt Beverage, Low-Alcohol Beer or Non-alcoholic Malt Beverage within the City limits without having in their possession a valid, unexpired, unrevoked license issued by the City for the Place of Business at which such Retail Sales are made, or a valid, unexpired, unrevoked special event retailers' permit issued pursuant to Section 5.12.045. It is unlawful for any Person holding:

   1. 1.
      Only a General Retailer ​​​​​​​license as defined in this Chapter​​​​​​​ ​​​​​​​ to sell at Retail any Cereal Malt Beverages, Low-Alcohol Beer, Non-alcoholic Beer or Non-alcoholic Malt Beverages for consumption off the premises or​​​​​​​ in any other manner than is provided for in the license; and
   2. 2.
      Only a Limited Retailer license as defined in this Chapter​​​​​​​ ​​​​​​ to sell Cereal Malt Beverages or Low-Alcohol Beer for consumption on​​​​​​​ the premises or in any other manner than is provided for in the license​​​​​​​. 
2. B.
   Subparagraph A, shall not apply to Persons issued a valid, unexpired, unrevoked license by the City to operate as a Retailer of Alcoholic Liquor under Overland Park Municipal Code Chapter 5.48 or a Class A Club, Class B Club, Drinking Establishment, Public Venue, Caterer, or Temporary Permit Holder under Overland Park Municipal Code Chapter 5.20.
3. C.
   Nothing contained in this Chapter shall prohibit the serving of complimentary Alcoholic Liquor or Cereal Malt Beverages:

   1. 1.
      On the unlicensed premises of a business by the business owner or owner’s agent at an event sponsored by a nonprofit organization promoting the arts and which has been approved by ordinance or resolution of the City if the director of the alcoholic beverage control has been notified thereof no less than 10 days in advance;
   2. 2.
      At fund raising activities of charitable organizations as defined by K.S.A. 17-1760, and amendments thereto, and as qualified pursuant to 26 U.S.C.​​​​​​​ 501(c) and by committees formed pursuant to K.S.A. 25-4142 et seq., and amendments thereto. The serving of such Alcoholic Liquor at such fund raising activities shall not constitute a sale pursuant to this Chapter, nor require any such fund raising activity to obtain a license or a temporary permit; or
   3. 3.
      The provision of alcoholic liquor or cereal malt beverage as a prize for a charitable raffle conducted in accordance with K.S.A. 75-5171 et seq., and amendments thereto, except that no such prize shall be provided to any person under 21 years of age. 
4. D.
   An unlicensed business may authorize patrons or guests of such business to consume alcoholic liquor on the premises of such business in accordance with K.S.A. 41-719(j), and amendments thereto. Such alcoholic liquor must be removed from the premises by the patron who has personal possession of the alcoholic liquor.

   1. 1.
      For the purposes of this section, the term "guest" shall mean the same as defined as K.S.A. 41-104, and amendments thereto.
   2. 2.
      For the purposes of this section, the term "patron" shall mean the same as defined by K.S.A. 41-719, and amendments thereto. ​​​​​​​ 

(History: Ord. CMB-3409 §1, 2023; ​​​​​​​Ord. CMB-3365  §2, 2022; Ord. CMB-3237 §2, 2019; Ord. CMB-2874 §2, 2010; CMB-2186, §2, 99; CMB-1654 §2, 90; CMB-1319 §2, 85; CMB-76 §2, 60) (State Law: K.S.A. 41-2702; K.S.A. 41-104; K.S.A. 41-719)

Effective on: 1/1/1901

5.12.030 Application for License - Investigation.

Any Person desiring to secure a license under the provisions of this Chapter shall make a verified application to the City Clerk and accompany the application by the required license fee for the Place of Business for which a license is required. The application shall be made upon a form which shall have been approved by the Attorney General of the State and shall contain:

1. A.
   The name and residence of the applicant;
2. B.
   The length of time that the applicant has resided within the State of Kansas;
3. C.
   The particular place for which a license is desired;
4. D.
   The name of the owner of the premises upon which the Place of Business is located;
5. E.
   A statement that the applicant is a citizen of the United States and not less than 21 years of age and that the applicant has not within two years immediately preceding the date of making application, been convicted of a felony or any crime involving a Morals charge, or drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor, or operating or attempting to operate a motor vehicle while the Alcohol concentration in the Person's blood or breath is .08 or more, as measured from samples taken within two hours after the Person operated or attempted to operate the vehicle, or the violation of any other law of this City or State or any other city or state or of the United States pertaining to Alcoholic Liquor or Cereal Malt Beverages or Non-alcoholic Malt Beverages.

One copy of such application shall be transmitted by the City Clerk to the Chief of Police for investigation of the applicant and inspection of the Place of Business for which a license is desired. The Chief of Police shall investigate such application and determine whether the applicant is qualified to receive a license under the provisions of this Chapter and shall report the findings and recommendations made to the City Clerk.

(History: Ord. CMB-2874 §3, 2010; CMB-2186 §3, 99; CMB-2101 §1, 98; CMB-1654 §3, 90; CMB-1319 §3, 85; Modified during codification under authority of K.S.A. 12-3015; Ord. CMB-76 §3, 60) (State Law: K.S.A. 41-2703)

Effective on: 1/1/1901

5.12.040 License Fees - Nontransferability.

1. A.
   The following applications shall be filed with the City Clerk and be accompanied by a non-refundable permit fee (set by resolution):

   1. 1.
      General Retailer License. For each Place of Business selling Cereal Malt Beverages, Low-Alcohol Beer, or Non-alcoholic Malt Beverages at retail for consumption on the licensed premises;
   2. 2.
      Limited Retailer License. For each Place of Business selling only at retail, Cereal Malt Beverages, Low-Alcohol Beer, or Non-alcoholic Malt Beverages in original and unopened containers and not for consumption on the licensed premises.
   3. 3.
      Special Event Retailers' Permit. For each special event retailers' permit offering for sale, selling and serving cereal malt beverage for consumption on unpermitted premises.
2. B.
   Except as provided otherwise herein, the license fee shall be assessed and issued for a one year term. No license or permit issued under this Chapter shall be transferable to another Person.

(History: Ord. CMB-3365 §3, 2022; Ord. CMB-3237 §3, 2019; Ord. CMB-2874 §4, 2010; CMB-2224 §1, 2000; CMB-2186 §4, 99; CMB-1654 §4, 90; CMB-861 §2, 76; CMB-76B §4, 60) (State Law: K.S.A. 41-2702; K.S.A. 41-2703)

Effective on: 1/1/1901

5.12.045 Special Event Retailers' Permit.

1. A.
   Special Event Retailers’ Permit Required. It is unlawful for any Person to offer for sale, sell, and serve CMB, Low-Alcohol beer, or Non-alcoholic Malt Beverages for consumption on unpermitted premises without having in their possession a valid, unexpired, unrevoked special event retailers’ license issued by the City. The City Clerk may issue a special event retailers’ permit that will allow the permit holder to offer for sale, sell and serve Cereal Malt Beverages for consumption on premises not otherwise permitted under the Kansas Cereal Malt Beverage Act or O.P.M.C. 5.12.20, and that may be open to the public, subject to the following:

   1. 1.
      A special event retailers’ permit shall specify the premises for which the permit is issued;
   2. 2.
      A special event retailers’ permit shall be issued for the duration of the special event, the dates and hours of which shall be specified in their permit;
   3. 3.
      Not more than four special event retailers’ permits may be issued to any one applicant in a calendar year; and
   4. 4.
      A special event retailers’ permit shall not be transferrable or assignable.  
2. B.
   Application for Permit. Any Person desiring to obtain a special event retailers’ permit shall submit an application, in writing, to the City. The application shall be on a form prepared by the Attorney General and must contain all applicable information requested therein. An application for a special event retailers’ permit shall be made and filed with the City Clerk at least 21 days prior to the event for which the permit is desired. All applicants must provide a diagram accurately describing the premises or property where CMB, Low-Alcohol Beer or Non-alcoholic Malt Beverages will be offered for sale, sold and served.  
3. C.
   Approval/Denial. 1. One copy of such completed application shall be transmitted by the City Clerk to the Chief of Police. The Chief of Police shall investigate such application and determine if the applicant is qualified to receive a permit under the provisions of this Chapter and shall report the findings and recommendations made to the City Clerk. The City Clerk shall approve the special event retailers’ permit if:

   1. 1.
      The application is in proper form;
   2. 2.
      The application is accompanied by the fee as required in O.P.M.C. 5.12.040;
   3. 3.
      It is determined the applicant is qualified as provided by law; and
   4. 4.
      There are no conflicts with any City zoning laws, building codes, fire codes, or other ordinances of the City.

No permit shall be issued to an applicant who does not meet the requirements set forth in K.S.A. 41-2703 through K.S.A. 41-2703a, and amendments thereto, or to an applicant that is indebted to the City.   

2.   If an application for a permit is refused, the fee accompanying the same shall be immediately returned to the applicant. If the City Clerk denies an application, the applicant shall be immediately notified by certified mail, return receipt requested, mailed to the last known mailing address of the applicant, and the notice shall state the basis for the denial. Any applicant aggrieved by the denial may seek review by the Governing Body by filing a written notice of appeal from the denial with the City Clerk within 10 business days after the date of the notice of denial. The Governing Body shall determine the matter de novo, and if it determines the applicant is qualified by law, shall direct the City Clerk to issue the applicant a special event retailers’ permit; provided that no permit shall be issued to an applicant who does not meet the qualifications set forth in K.S.A. 41-2703 through K.S.A. 41-2703a, and amendments thereto, or to an applicant that is indebted to the City.

4. D.
   Term of Permit. Contents: Any special event retailers’ permit issued hereunder shall be valid for a period not to exceed thirty days.
5. E.
   Permit Regulations. It shall be the duty of every special event retailers’ permit holder to observe the regulations set forth in this Chapter and K.S.A. 41-2701, et seq., and amendments thereto.
6. F.
   Possession of Permit Required. The applicant must provide the City with a list of persons responsible for the event, at least one of whom is required to be at the location of the event for which the permit was granted for the full duration, and who must have a copy of the special event retailers’ permit on their possession at all times.
7. G.
   Revocation. A special event retailers’ permit issued pursuant to this Section may be immediately revoked by the City if there is probable cause to believe that there has been a violation of any applicable local, state, or federal law by the permittee, or a violation of a special event or special use permit issued by the City, if any.

(History: Ord. CMB- 3365 §4, 2022; Ord. CMB-2227 §1, 2000; CMB-2224 §2, 2000) (State Law: K.S.A. 41-2703)

Effective on: 1/1/1901

5.12.050 Examination of Application - Issuance of License - Disqualifications.

1. A.
   If the application is in proper form and accompanied by the proper license fee, the City Clerk shall examine the application; and after such examination, issue the license if the applicant is qualified as provided by law; provided that no license shall be issued to an applicant who does not meet the license qualifications set forth in K.S.A. 41-2703 through K.S.A. 41-2703a, and amendments thereto, or to an applicant or Licensee that is indebted to the City. If an applicant is qualified as provided by law and has been issued a farm winery license permit pursuant to K.S.A. 41-316, and amendments thereto, or a producer's license pursuant to K.S.A. 41-355, and amendments thereto, a license shall be issued to an applicant. 

   The City Clerk shall keep, as a public record, a list of all licenses issued under this Chapter, together with the class and expiration date of each. Among other things, the license shall state that it is not transferable to other Persons and the license year for which issued. The license shall be kept posted in a conspicuous place in the Place of Business licensed.

2. B.
   Renewal licenses may be issued by the City Clerk upon payment of the necessary fee if the Licensee has not been suspended or revoked pursuant to Section 5.12.070 during the license term and the Licensee continues to meet the qualifications for issuance of the license.
3. C.
   If an application for a license is refused, the license fee accompanying the same shall be immediately returned to the Person who has made such application. If the City Clerk denies an application for a license, the applicant shall be immediately notified by certified mail, return receipt requested, mailed to the last known mailing address of the applicant, and the notice shall state the basis for the denial. Any applicant aggrieved by the denial may seek review by the Governing Body by filing a written notice of appeal from the denial with the City Clerk within 10 business days after the date of the notice of denial. The Governing Body shall determine the matter de novo, and if it determines the applicant is qualified as provided by law, shall direct the City Clerk to issue the applicant a license; provided that no license shall be issued to an applicant who does not meet the license qualifications set forth in K.S.A. 41-2703 through K.S.A. 41-2703a, and amendments thereto, or to an applicant or Licensee that is indebted to the City.

(History: Ord. CMB-3365 §5, 2022; Ord. CMB-2874 §5, 2010; CMB-2388 §1, 2002; CMB-2186 §5, 99; CMB-1654 §5, 90; CMB-1450 §2, 87; CMB-1319 §4, 85; CMB-1145 §1, 81; CMB-861 §3, 76; CMB-76) (State Law: K.S.A. 41-2703)

Effective on: 1/1/1901

5.12.060 Regulations - Hours of Operation - Standards of Conduct - Minors - Alcoholic liquor - Sanitation.

1. A.
   Hours of Operation.

   1. 1.
      A limited retailer who is licensed to sell Cereal Malt Beverages, Low-Alcohol Beer, or Non-alcoholic Malt Beverages at retail in the original package may sell Cereal Malt Beverages, Low-Alcohol Beer, or Non-alcoholic Malt Beverages (a) every Sunday, except Easter Sunday, between 9 a.m. and 8 p.m.; and every Monday through Saturday, between 6 a.m. and 12 midnight. 
   2. 2.
      A general retailer who is licensed to sell Cereal Malt Beverage, Low-Alcohol Beer, and Non- alcoholic Malt Beverage for consumption on the premises may sell Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverages between the hours of 6:00 a.m. and 12 midnight (a) every Monday  through Saturday; and (b) every Sunday, except Easter.  
2. 3. 3.
      Special event retailers' permit holders shall not be issued such permits to offer for sale, sell, and serve Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverages at any time the sale of such beverages is prohibited in subparagraph A.2 above.
3. B
   Standards of Conduct.

   1. 1.
      No Licensee shall permit private rooms or closed booths to be operated in a Place of Business, but this provision shall not apply if the licensed premises are also currently licensed as a club pursuant to the club and drinking establishment act.
   2. 2.
      Each Place of Business shall be open to the public and to law enforcement officers of the City at all times during business hours by the Licensee, except that a premises licensed as a club pursuant to the club and drinking establishment act shall be open to law enforcement officers and members but not to the general public.
   3. 3.
      Except as otherwise provided by this Section, no Licensee shall permit a person under the legal age for consumption of Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverage to consume or purchase, any Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverage, in or about a Place of Business. A Licensee's employee who is not less than 18 years of age may dispense or sell Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverage if:

      1. a.
         the Licensee's Place of Business is licensed only to sell at retail Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverage in the original package and not for consumption on the premises; or
      2. b.
         the Licensee's Place of Business is a licensed food service establishment, as defined by K.S.A. 36-501 and amendments thereto, and not less than 50% of the gross receipts from the Licensee's Place of Business is derived from the sale of food for consumption on the premises of the licensed Place of Business.
4. 4. 4.
      No Licensee shall permit any person to have any alcoholic liquor except Low-Alcohol Beer in such person's possession while in a Place of Business, unless the premises are currently licensed as a club or drinking establishment pursuant to the club and drinking establishment act or the business is a farm winery licensed pursuant to K.S.A. 41-316, and amendments thereto, or a producer licensed pursuant to K.S.A. 41-355, and amendments thereto.
   5. 5.
      Cereal Malt Beverages or Non-alcoholic Malt Beverages may be sold on premises which are licensed pursuant to both the cereal malt beverage act and the club and drinking establishment act at any time when alcoholic liquor is allowed by law to be served on the premises.
   6. 6.
      No Licensee shall knowingly sell, give away, dispose of, exchange or deliver any cereal malt beverage, low-alcohol beer, or non-alcoholic malt beverage to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of Cereal Malt Beverage, Low-Alcohol Beer, or Non-alcoholic Malt Beverage
   7. 7.
      No Licensee shall offer or serve any free cereal malt beverage or non-alcoholic malt beverage or alcoholic liquor in any form to any person; or
   8. 8.
      No Licensee shall offer to serve to any person a drink at a price that is less than the acquisition cost of the drink to the Licensee; or
   9. 9.
      No Licensee shall sell, offer to sell or serve to any person an unlimited number of drinks during any set period for a fixed price except at private functions not open to the general public; or
   10. 10.
       No Licensee shall encourage or permit on the licensed premises, any game or contest which involves drinking Cereal Malt Beverage, Low-Alcohol Beer, or Non-alcoholic Malt Beverage or the awarding of drinks as prizes; or
   11. 11.
       No Licensee shall advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections 7 through 10; or
   12. 12.
       Nothing in subsections 7 through 11 shall be construed to prohibit a Licensee from: 

       1. a.
          Offering free food or entertainment at any time; or
       2. b.
          Selling, offering to sell and serving individual drinks at different prices throughout any day; or
       3. c.
          Selling or serving Cereal Malt Beverage, Low-Alcohol Beer, or Non-alcoholic Malt Beverage in a pitcher containing not more than 64 ounces of fluid. 
   13. 13.
       Every Licensee shall make available at any time upon request a price list showing the Licensee's current prices for all Cereal Malt Beverage, Low-Alcohol Beer, or Non-alcoholic Malt Beverage.
   14. 14.
       The Licensee, in the operation of such Place of Business, shall at all times comply with the sanitary, health, building and fire code regulations and all ordinances of the city.
5. 15. 15.
       The Licensee shall notify the City Clerk's office of any change in the manager, owner or incorporators of the Licensee's Place of Business, and the notification must be received in the City Clerk's office within 10 days of such change.
   16. 16.
       A violation of, or non-compliance with, the provisions of this section shall be grounds for the suspension or revocation of such license under the provisions of 5.12.070.

(History: Ord. CMB-3409 §2, 2023; ​​​​​​​Ord. CMB-3365 §6, 2022; Ord. AL-3326 §1, 2021; Ord. CMB-3237 §4, 2019; Ord. AL-2591 §1, 2005; AL-2566 §1, 2005; CMB-2460 §1, 2004; NOI-2287 §7, 2001; CMB-2247 §1, 2001; CMB-1873 §1, 94; CMB-1654 §6, 90; CMB-1450 §3, 87; CMB-1446 § 1, 87; CMB-1380 §2, 86; CMB-1319 §5, 85; CMB-1176 §1, 82; CMB-1145 §2, 81) (State Law: K.S.A. 41-2704; K.S.A. 41-2722)

Effective on: 1/1/1901

5.12.070 Revocation or Suspension License.

1. A.
   After at least five days notification to any person holding any license issued under this Chapter that the Governing Body of the City is, on a date certain, to take some action on such license, the Governing Body shall revoke or suspend such license for any of the following reasons:

   1. 1.
      The Licensee has fraudulently obtained the license by giving false information in the application therefor;
   2. 2.
      The Licensee has become ineligible to obtain a license in this Chapter;
   3. 3.
      The nonpayment of any license fees; 
   4. 4.
      Permitting any gambling in or upon the Licensee's Place of Business;
   5. 5.
      The employment of persons under 18 years of age in dispensing or selling Cereal Malt Beverage or Low-Alcohol Beer or Non-alcoholic Malt Beverages;
   6. 6.
      The employment or continuation in employment of a person in connection with the sale, serving or dispensing of Cereal Malt Beverage or Low-Alcohol Beer or Non-alcoholic Malt Beverages if the Licensee knows such person has been, within the preceding two years, adjudged guilty of a felony or of any violation of the alcoholic liquor or CMB laws of this city or state or any other City or state;
   7. 7.
      The submission to the Governing Body by the Chief of Police proof of five violations committed by or permitted by a Licensee, or the Licensee's agent or employee, on the licensed premises including the parking lot, within the preceding year, of any statutes or ordinances regulating such business and of any ordinance in Title 11 of the Overland Park Municipal Code; or
   8. 8.
      The Licensee has violated K.S.A. 21-4106 or 21-4107, prior to their repeal, or K.S.A. 21-6204, and amendments thereto, in or upon the Licensee's Place of Business. 
2. B.
   After at least five days notification to any person holding any license issued under this Chapter that the Governing Body of the City is, on a date certain, to take some action on such license, the Governing Body may revoke or suspend such license for any of the following reasons: 

   1. 1.
      The Licensee has violated any of the provisions of K.S.A. 41-2701, et seq., and amendments thereto, this Chapter or any rule or regulations made by the Governing Body as the case may be;
   2. 2.
      Drunkenness of the Licensee at the Licensee’s Place of Business or permitting any intoxicated person to remain in or upon the Licensee's Place of Business. For purposes of this subsection the term "drunkenness" shall mean that a person's faculties, physical and/or mental, are impaired by the consumption of alcohol;
   3. 3.
      The sale of Cereal Malt Beverages, Low-Alcohol Beer or Non-alcoholic Malt Beverages to any person under the legal age for consumption of Cereal Malt Beverage, Low-Alcohol Beer or Non-alcoholic Malt Beverage; 
   4. 4.
      Permitting any person to mix drinks with materials purchased in or upon the Place of Business or brought in for that purpose; 
   5. 5.
      The sale or possession of, or permitting any person to use or consume on the licensed premises any Alcoholic Liquor, except Low-Alcohol Beer; or
   6. 6.
      The Licensee has been convicted of a violation of the beer and cereal malt beverage keg registration act.
3. C.
   The provisions of subsections B(4) and (5) shall not apply if the Place of Business or premises are also currently licensed as a club or drinking establishment under the club and drinking establishment act.
4. D.
   Revocation and Suspension. When a license is suspended or revoked, the Licensee is not allowed to sell Cereal Malt Beverage on the premises, nor may Cereal Malt Beverage be possessed or consumed on the premises. In order to be fair and consistent in the application of suspension and revocations, the City Manager may adopt a policy establishing recommended sanctions for violations of this Chapter.

   1. 1.
      A suspension of a license may be for any period of time in the current licensing period. Once a suspension has been completed, the Licensee may reopen without reapplying for a cereal malt beverage license for the current licensing period.
   2. 2.
      A revocation of a license has the effect of removing the Licensee's license for the remainder of the licensing period. Revocation, by itself, does not prohibit the Licensee from applying for a cereal malt beverage license for the next licensing year nor prohibit the application of a different Licensee.
5. E.
   Appeal. Within 20 days after the order of the Governing Body revoking or suspending any license the Licensee may appeal to the district court and the district court shall proceed to hear such appeal as though such court had original jurisdiction of the matter. Any appeal taken from an order revoking or suspending the license shall not suspend the order of revocation or suspension during the pendency of any such appeal. Provided further that no person who has had a proprietary interest in a Licensee whose cereal malt beverage, low-alcohol beer, and non-alcoholic malt beverage license is revoked as hereinbefore provided, or any person acting for or on such person's behalf, shall be granted a license for the sale of Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverages within the City, for a period of 180 days following the date of revocation of the license; provided further that no person who has had a proprietary interest in a Licensee whose Cereal Malt Beverage, Low-Alcohol Beer and Non-Alcoholic Malt Beverage license has been revoked as hereinbefore provided shall be employed in a Place of Business which sells or distributes Cereal Malt Beverages or Non-alcoholic Malt Beverages for consumption on the premises, for a period of 180 days following the date of revocation of the license.

(History: Ord. CMB- 3365, §7, 2022; Ord. CMB-3237 §5, 2019; Ord. CMB-2388 §2, 2002; CMB-1939 §1, 95; CMB-1654 §7, 90; CMB-1450 §4, 87; CMB-1319 §6, 85; CMB-1145 §3, 81; CMB-1041 §3, 79) (State Law: K.S.A. 41-2708)

Effective on: 1/1/1901

5.12.090 Change of Location.

The Place of Business of any Licensee may be changed from one location to another within the City upon special application to the City Clerk showing the same information relating to the proposed location as in the case of an original application. Such application shall be accompanied by a non-refundable application fee (set by resolution). If the application is in proper form, the location is not in a prohibited zone, and all other requirements relating to such Place of Business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the Licensee.

(History: Ord. CMB-3365, §8, 2022; Ord. CMB-3237 §7, 2019; Ord. CMB-2874 §6, 2010; CMB-76 §9, 60)

Effective on: 1/1/1901

5.12.160 Private Property.

Nothing in this chapter shall be deemed to prevent, regulate or control the consumption of cereal malt beverage, non-alcoholic malt beverages and alcoholic liquor upon private property by those occupying such private property as the owner, or as a lessee of an owner and by the guests of the owner or lessee, provided that no charge is made by the owner or lessee for the serving or mixing of any drink or drinks of cereal malt beverage, non-alcoholic malt beverages or alcoholic liquor or for any substance co-mixed with such beverages.

(History: Ord. CMB-1654 §10, 90; CMB-1319 §13, 85; CMA-353 §3, 65)

Effective on: 1/1/1901

5.12.180 Violation - Penalty.

Any person, convicted of a violation of this chapter shall be fined not less than $100.00 nor more than $500.00 or imprisoned for a maximum of one year, or both such fine and imprisonment in addition to any action that may be taken pursuant to 5.12.070.

(History: Ord. CMB-3365 §9, 2022; Ord. CMB-1319 §14, 85; Amended during codification in accordance with K.S.A. 12-3015; Ord.CMA-353 §6, 65; CMB-SM-179 §3, 63; CMB-76 §12, 60)

Effective on: 1/1/1901

5.12.190 Separability.

If any part or parts of this ordinance shall be held to be invalid, such invalidity shall not affect the validity of the remaining parts of this ordinance. The Governing Body hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts thereof would be declared invalid.

(History: Ord. CMB-1319 §15, 85)

Effective on: 1/1/1901

5.12.200 Savings Clause.

Neither the adoption of this ordinance nor the repeal or amendment of any ordinance or part or portion thereof shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(History: Ord. CMB-1319 §16, 85)

Effective on: 1/1/1901

5.16.010 Permit Required for Selling.

No Christmas trees may be sold within the city except after issuance of a permit as provided in this chapter. No fee shall be charged for such permit.

(History: Ord. CTS-224 §1, 63)

Effective on: 1/1/1901

5.16.020 Issuance of Permit - Zones Allowed.

This city clerk shall issue permits for the sale of Christmas trees, provided the sites for which applications are made are zoned for one of the following uses: C-O, C-P, C-1, C-2, C-3, M-1 or M-2. Before issuing any such permits, the city clerk shall determine whether adequate parking is available for the respective sites.

(History: Ord. CTS-224 §2, 63)

Effective on: 1/1/1901

5.16.030 Sales in Other Than Designated Zones.

Application to sell Christmas trees at locations which are zoned other than as mentioned in 5.16.020 may be granted by the governing body upon such terms and conditions as may be imposed.

(History: Ord. CTS-224 §3, 63)

Effective on: 1/1/1901

5.18.010 Statement of Intent

It is the intent of the Governing Body of the City of Overland Park to regulate and set minimum standards for "child care facilities," as defined in K.S.A. 2010 Supp. 65-503(c), and amendments thereto or "day care homes," as defined in K.S.A. 2010 Supp. 65-530(a)(1) and amendments thereto, hereinafter referred to as "day care homes," to protect the public health, safety, and welfare of the residents of Overland Park. Said day care homes shall be allowed in the locations for day care provided in Chapter 18 of the Overland Park Municipal Code. The State of Kansas, through the Kansas Department of Health and Environment (KDHE) and the Office of the Fire Marshal, has provided licensing and inspection requirements for day care homes, which the City intends to cooperate with fully and supplement with additional life-safety inspections through the Fire Department.

(History: Ord. DCH-2907 §1, 2011)

Effective on: 1/1/1901

5.18.020 Definitions

The following words and phrases when used in this Chapter shall, for the purpose of this Chapter, have the meanings respectively ascribed to them in this Section unless otherwise defined in the text of the Section.

5.18.030 Inspection of Day Care Homes

Day Care Homes shall be subject to periodic inspections as required by the Fire Department. The Fire Inspector is authorized to inspect the premises for which a day care home license has been issued by KDHE. Said inspections shall be conducted utilizing the applicable provisions of the Kansas State Fire Marshal Fire Safety Handbook. Reasonable prior notice of an upcoming inspection shall be provided in writing by the Fire Department. An inspection report shall be provided to the Child Care Provider at the end of the inspection. The Child Care Provider shall have 30 days to correct any violation(s) before a re-inspection occurs, unless such violation(s) constitutes an imminent threat to life safety, in which case immediate correction of the violation(s) shall be required. If corrections are not made in the prescribed time frame, the Fire Inspector may assess a failed inspection fee, and if such fee is assessed, the Fire Inspector shall complete a failed inspection (fee for service) report. The amount of said failed inspection fee is established by resolution of the Governing Body.

(History: Ord. DCH-2907 §3, 2011)

Effective on: 1/1/1901

5.20.055 Definitions.

As used in this Chapter, the words and phrases defined in this Section shall have the following meanings, unless the context otherwise requires:

5.20.060 City and State Liquor License Required.

(History: Ord. CDC-3410 §1, 2023; ​​​​​​​Ord. CDC-3369 §2, 2022; Ord. CDC-3241 §2, 2019; Ord. CDC-2875 §2, 2010; CDC-2178 §2, 99; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-104; K.S.A. 41-719)

Effective on: 1/1/1901

5.20.065 Biennial License Tax.

A biennial license tax is established and required for all Clubs, Drinking Establishments, Caterers, and Public Venues (amount set by resolution).

(History: Ord. CDC-3369 §3, 2022; Ord. CDC-3241 §3, 2019; Ord. CDC-2875 §3, 2010 (effective 7/1/11); CDC-1716 §1, 91; CDC-1653A §1, 91; CDC-1653 §1, 90; PCT-1453 §1, 87; PCOT-1322 §1, 85; PCOT-441 §1, 67)[Source or prior law: 5.20.010] (State Law: K.S.A. 41-2622)

Effective on: 1/1/1901

5.20.068 License Tax For Temporary Permit Holders.

A license tax is established and required for each temporary permit issued (amount set by resolution). The tax shall be prorated for each day of the permit period used by the permit holder.

(History: Ord. CDC-3369 §4, 2022; Ord. CDC-3241 §4, 2019; Ord. CDC-2178 §3, 99; CDC-1716 §2, 91) (State Law: K.S.A. 41-2645)

Effective on: 1/1/1901

5.20.070 Levy and Term.

(History: Ord. CDC-3369 §5, 2022; Ord. CDC-3241 §5, 2019; Ord. CDC-2875 §4, 2010 (effective 7/1/11); CDC-2840 §1, 2009; CDC-2178 §4, 99; CDC-1716 §3, 91; CDC-1653A §1, 91; CDC-1653 §1, 90; PCT-1453A §1, 87; PCT-1453 §2, 87; PCOT-1322 §2, 85; PCOT-441 §2, 67)[Source or prior law: 5.20.020] (State Law: K.S.A. 41-2607)

Effective on: 1/1/1901

5.20.075 Club, Drinking Establishment, and Public Venue License Exclusive to Premises Issued.

1. A.
   A Club, Drinking Establishment, or Public Venue License shall allow the licensee to operate a Club, Drinking Establishment, or Public Venue only at the Premises specified in such license in accordance with the provisions of this Chapter; the Club and Drinking Establishment Act, K.S.A. 41-2601 et seq., and amendments thereto; and rules and regulations adopted by the Secretary of the Kansas Department of Revenue. No license shall be issued for a Premises wherein the use thereof would be in violation of the City zoning laws or the City building codes or fire codes, unless such Premises has been issued a farm winery or producer license from the State of Kansas and is a registered agritourism operator as defined in K.S.A. 32-1432, and amendments thereto. 
2. B.
   Licensees desiring to extend their licensed Premises to include street, alley, road, highway, parking or sidewalk areas must apply in writing to the City Clerk for such authorization. The street, alley, road, parking, highway or sidewalk areas must be closed to motor vehicle traffic at any time during which intoxicating liquor is to be sold or consumed. Applications must also include a diagram accurately describing the licensed Premises; the dates and times during which intoxicating liquor will be sold and consumed on the street, alley, road, highway, parking or sidewalk areas. If parking areas are included in the extended Premises, the applicant must indicate how parking requirements will be satisfied during the event. Applications shall be reviewed by the Chief of Police to insure the Licensee has planned for and has available the necessary resources and otherwise is capable of meeting the ordinance requirements for the sale of intoxicating liquor in exterior areas. The Chief of Police will submit to the City Clerk in writing their review of the application which shall include any comments concerning public safety issues. After the City Clerk has received the Chief of Police's review and determined all application requirements have been met, the application should be presented to the Governing Body which may approve the extension by approving an ordinance or resolution that specifies the exact times during which intoxicating liquor may be sold or consumed on the street, alley, road, highway, parking or sidewalk areas. 
3. C.
   Licensees desiring to extend their licensed Premises to other private property owned by the Licensee that is adjacent to the Premises must apply in writing to the City Clerk for such authorization. Applications must include a diagram accurately describing the area the Licensee would like to extend the licensed Premises to. The City Clerk will authorize or deny the extension of the Premises once the applicant has completed all application requirements. The City Clerk shall notify the Chief of Police whenever an extension has been approved and forward a copy of the application to the Chief of Police.

(History: Ord. CDC-3369 §6, 2022; Ord. CDC-2875 §5, 2010; CDC-2178 §5, 99; CDC-2047 §1, 97; CDC-2043 §1, 97; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2627; K.S.A. 41-315)

Effective on: 1/1/1901

5.20.078 Temporary Permits; Applications; Process.

1. A.
   It shall be unlawful for any Person to conduct an event pursuant to a State issued Temporary Permit without first applying for a local Temporary Permit at least 14 days prior to the event and subsequently obtaining the permit. Those applications received after the 14 day period shall be processed, however, review shall be subject to City Clerk calendar considerations. Written application for the local Temporary Permit shall be made to the City Clerk upon a form provided by the Clerk and shall clearly state the name of the applicant, the group for which the event is planned, the location, date and time of the event and any anticipated need for police, fire or other municipal services. Each application for a local Temporary Permit shall specify the Premises for which such permit is issued, including a diagram of the Premises covered by the Temporary Permit. The diagram shall clearly show the boundaries of the premises, entrances to and exits from the premises and the area in which the service of Alcoholic Liquor or Cereal Malt Beverage would take place. If the event is to occur on private property, the applicant shall include written permission for the event and the service of alcoholic liquor or cereal malt beverage from the owner of the private property. In addition, the application shall include a copy of the State issued Temporary Permit.
2. B.
   Except as provided in subsection (C), the City Clerk will issue or deny a local Temporary Permit once the applicant has completed all application requirements, the applicant has paid the license tax set forth in O.P.M.C. 5.20.068, and the City Clerk has received the recommendations of the Chief of Police. The City Clerk shall notify the Chief of Police whenever a local Temporary Permit has been issued by the City Clerk and forward a copy of the permit and application to the Chief of Police.
3. C.
   The Governing Body may approve by ordinance or resolution a local Temporary Permit for events allowing consumption of intoxicating liquor on public streets, alleys, roads, sidewalks, parking areas, or highways, provided: a) the City closes the streets, alley, road, sidewalk, parking areas, or highway to motor vehicle traffic during the event; b) the boundaries of any such event are clearly designated in any application for the event and are clearly designated in any approval granted by the Governing Body; and c) the boundaries of such event are clearly marked by signs, a posted map or other means which reasonably identify the area in which intoxicating liquor may be possessed or consumed at such event. The City Clerk shall notify the Chief of Police whenever a local Temporary Permit has been approved by the Governing Body and forward a copy of the permit and application to the Chief of Police. (See K.S.A. 41-719(a)(2)(A) and K.S.A. 41-1201(f)(1))

(History: Ord. CDC-3369 §7, 2022; Ord. CDC-2875 §6, 2010; CDC-2178 §6, 99)

Effective on: 1/1/1901

5.20.080 Application For License; Investigation Of Applicant By Chief Of Police.

Any Person desiring to secure a Drinking Establishment, Club, Public Venue, or Caterer's license under the provisions of this Chapter shall make a verified application with the City Clerk. Such application shall be upon a form provided by the City Clerk and shall require the applicant to provide the information necessary to determine whether the applicant is qualified and eligible to be issued a license pursuant to this Chapter, to include the qualifications required by the State of Kansas for issuance of a state Drinking Establishment, Club, Public Venue or Caterers license. One copy of such application shall immediately be transmitted by the City Clerk to the Chief of Police or their designee for investigation of the applicant. It shall be the duty of the Chief of Police or their designee to investigate such applicant to determine whether they are qualified as a Licensee under the provisions of this Chapter. The Chief of Police or their designee shall report to the City Clerk not later than ten working days subsequent to the receipt of such application by the City Clerk. The City Clerk shall issue a license or deny the application within ten business days after receipt of the report of the Chief of Police or their designee.

(History: Ord. CDC-3369 §8, 2022; Ord. CDC-2875 §7, 2010; CDC-2178 §7, 99; CDC-2102 §1, 98; CDC-1963 §1, 95; CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.085 Qualifications for License.

No license shall be issued under the provisions of this chapter to an applicant for a club, drinking establishment, public venue, or caterer's license or for a temporary permit unless the applicant meets the State of Kansas qualifications for a club, drinking establishment, public venue, or caterer's license or temporary permit as set forth in Chapter 41 of the Kansas Statutes Annotated.

(History: Ord. CDC-3369 §9, 2022; Ord. CDC-2178 §8, 99; CDC-1963 §2, 95; CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.090 Examination of Application - Issuance of License - Disqualifications.

1. A.
   If the application is in proper form and accompanied by the license tax, the City Clerk shall examine the application; and after such examination, the City Clerk shall issue the license, if the applicant is qualified as provided by law, provided that no license shall be approved to any Person who is not otherwise qualified and eligible to receive a license pursuant to Section 5.20.085, or to an applicant or Licensee that is indebted to the City.
2. B.
   The City Clerk shall keep, as a public record, a list of all licenses issued under this Chapter, together with the class and expiration date of each. Among other things, the license shall state that it is not transferable to other Persons and the term for which it is issued. The license shall be kept posted in a conspicuous place in the place of business licensed.
3. C.
   Renewal licenses may be issued by the City Clerk upon payment of the necessary tax if the Licensee has not been suspended or revoked pursuant to Section 5.20.115 or 5.20.120 during the license term and the Licensee continues to meet the qualifications for issuance of the license.
4. D.
   If an application for a license is denied, the license tax accompanying the same shall be immediately returned to the Person who has made such application. If the City Clerk denies an application for a license, the applicant shall be immediately notified by certified mail, return receipt requested, mailed to the last known mailing address of the applicant, and the notice shall state the basis for the denial. Any applicant aggrieved by the denial may seek review by the Governing Body by filing a written notice of appeal from the denial with the City Clerk within ten business days after the date of the notice of denial. The Governing Body shall determine the matter de novo, and if it determines the applicant is qualified as provided by law, shall direct the Clerk to issue the applicant a license; provided that no license shall be issued to an applicant who does not meet the license qualifications set forth in Chapter 41 of the Kansas Statutes Annotated and amendments thereto, or to an applicant or Licensee that is indebted to the City.

(History: Ord. CDC-3369 §10, 2022; Ord. CDC-2875 §8, 2010; CDC-2178 §9, 99; CDC-2102 §2, 98; CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.095 Compliance.

1. A.
   It is unlawful for any Club, Drinking Establishment, Caterer, or Public Venue licensee to:

   1. 1.
      Employ any person under 21 years of age in connection with the mixing or dispensing of drinks containing alcoholic liquor or cereal malt beverage;
   2. 2.
      Employ knowingly or continue in employment any person in connection with the dispensing or serving of alcoholic liquor or cereal malt beverage or the mixing of drinks containing alcoholic liquor or cereal malt beverage who has been adjudged guilty of a felony or of any crime involving a morals charge in this city or any other municipality, this state or any other state, or of the United States;
   3. 3.
      Knowingly employ or continue to employ person in connection with the dispensing or serving of alcoholic liquor or cereal malt beverage, or the mixing of drinks containing alcoholic liquor or cereal malt beverage, who has been adjudged guilty of two or more violations of K.S.A. 21-5607, and amendments thereto, furnishing alcoholic liquor or cereal malt beverages to minors or a similar law of this city or any other municipality, this state or any other state, or of the United States, pertaining to furnishing alcoholic liquor or cereal malt beverage to minors within the immediately preceding five years, or who has been adjudged guilty of three or more violations of any intoxicating liquor laws of this city or any other municipality, this state or any other state, or of the United States, not involving the furnishing of alcoholic liquor or cereal malt beverage to minors within the immediately preceding five years;
   4. 4.
      In the case of a club, fail to maintain at the licensed premises a current list of all club members and their residences addresses or refuse to allow the City Attorney or any of the City Attorney's authorized agents or any law enforcement officer to inspect such list;
   5. 5.
      Purchase alcoholic liquor or cereal malt beverage from any person except from a person authorized by law to sell such alcoholic liquor or cereal malt beverage to such licensee;
   6. 6.
      Permit any employee of the licensee who is under the age of 21 years to work on premises where alcoholic liquor or cereal malt beverage is sold by such licensee at any time when not under the on premises supervision of either the licensee or an employee who is 21 years of age or over;
   7. 7.
      Employ any person under the age of 18 years of age in connection with the serving of alcoholic liquor or cereal malt beverage.
2. B.
   It is unlawful for any temporary permit holder to:

   1. 1.
      Employ of use the services of any person who is under 18 years of age to service alcoholic liquor or cereal malt beverage;
   2. 2.
      Employ or use the services of any person who is under 21 years of age to mix or dispense drinks containing alcoholic liquor or cereal malt beverage;
   3. 3.
      Employ or use the service of any person who is under 21 years of age and not supervised by the temporary permit holder or an employee who is at least 21 years of age; 
   4. 4.
      Employ or use the service of any person who has been convicted of a felony or of any crime involving a morals charge to dispense, mix or serve alcoholic liquor or cereal malt beverage;
   5. 5.
      Employ or use the services of any person who has been convicted within the pervious two years of a violation of any intoxicating liquor law of this city or any other municipality, this state or any other state, or of the United States to dispense, mix or serve alcoholic liquor or cereal malt beverage; or 
   6. 6.
      Knowingly employ or continue to employ any person in connection with the dispensing of serving of alcoholic liquor or cereal malt beverage, or the mixing of drinks containing alcoholic liquor or cereal malt beverage, who has been adjudged guilty of two or more violations of K.S.A. 21-5607, and amendments thereto, furnishing alcoholic liquor or cereal malt beverage to minors or a similar law of this city of any other municipality, this state or any other state, or of the United State, pertaining to furnishing alcoholic liquor or cereal malt beverage to minor within the immediately preceding five years, or who has been adjudged guilty of three or more violations of any intoxicating liquor law in this city or any other municipality, this state or any other state, or of the United States, not involving the furnishing of alcoholic liquor or cereal malt beverage to minors within the preceding five years.

(History: Ord. CDC-3369 §11, 2022;  Ord. CDC-3241 §6, 2019; Ord. CDC-2178 §10, 99; CDC-2102 §3, 98; CDC-1963 §3, 95; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2610)

Effective on: 1/1/1901

5.20.100 Hours of Closing.

1. A.

   No Club, Drinking Establishment, or Public Venue licensed under the provisions of K.S.A. 41-2601, et seq., shall allow the serving, mixing or consumption of Alcoholic Liquor or Cereal Malt Beverage on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day. 

2. B.
   No Caterer shall allow the serving, mixing, or consumption of Alcoholic Liquor or Cereal Malt Beverage between the hours of 2:00 a.m. and 6:00 a.m. on any day at an event catered by such caterer.
3. C.
   The dates and hours in which a temporary permit holder shall allow the serving, mixing, and consumption of alcoholic liquor or cereal malt beverage shall be specified in the temporary permit and shall be in conformance with state law. 
4. D.
   A hotel of which the entire premises are licensed as a drinking establishment or a drinking establishment caterer may at any time allow the serving, mixing and consumption of alcoholic liquor and cereal malt beverage from a mini-bar in a guest room by guests registered to stay in such room, and guests of guests registered to stay in such room in accordance with K.S.A. 41-2642, and amendments thereto.

(History: Ord. CDC-3369 §12, 2022; Ord. CDC-3241 §7, 2019; Ord. CDC-3208 §2, 2018; CDC-2178 §11, 99; CDC-2011 §1, 96; CDC-1813 §1, 93; CDC-1653A §1, 91; CDC-1653 §1, 90; PCT-1453 §3, 87; PCOT-1322 §3, 85; AL-859 §1, 75) [Source or prior law: 5.20.030] (State Law: K.S.A. 41-2614; K.S.A. 41-2642)

Effective on: 1/1/1901

5.20.105 Permitting Consumption by Minors; Exceptions; Penalties.

1. A.
   No Licensee or permit holder, or any owner, officer or Employee thereof, shall knowingly or unknowingly permit the possession or consumption of Alcoholic Liquor or Cereal Malt Beverage by a Minor on Premises where alcoholic beverages are sold by such Licensee or permit holder, except that a Licensee's or permit holder's Employee who is not less than 18 years of age may serve Alcoholic Liquor or Cereal Malt Beverage under the on-premises supervision of the Licensee or permit holder, or an Employee who is 21 years of age.
2. B.
   Violation of this Section is a misdemeanor punishable by a fine of not less than $100.00 and not more than $250.00 or imprisonment not exceeding 30 days, or both.
3. C.
   It shall be a defense to a prosecution under this Section if:

   1. 1.
      The defendant permitted the Minor to possess or consume the Alcoholic Liquor or Cereal Malt Beverage with reasonable cause to believe that the Minor was 21 or more years of age; and
   2. 2.
      to possess or consume the Alcoholic Liquor or Cereal Malt Beverage, the Minor exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document, that reasonably appears to contain a photograph of the Minor and purporting to establish that such Minor was 21 or more years of age.

(History: Ord. CDC-2875 §9, 2010; CDC-2178 §12, 99; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2614)

Effective on: 1/1/1901

5.20.110 Nudity Or Semi-Nudity Prohibited - Standards of Conduct for Entertainment. (Repealed)

Repealed.

(History: Ord. CDC-2029 §1, 97; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.115 Revocation of license.

1. A.
   The City Clerk shall immediately revoke the license of any Licensee whenever the state license of the Licensee is revoked by the state for any reason.
2. B.
   The Governing Body, upon providing five days' written notice to a Licensee, after conducting a hearing, may assess a fine not to exceed $500.00, may assess such fine and/or suspension for a period not to exceed 90 days or may revoke such license for any of the following reasons:

   1. 1.
      The Licensee has fraudulently obtained the license by giving false information in the application therefor or any hearing thereon;
   2. 2.
      The Licensee, manager, Employee or agent has violated any of the provisions of this Chapter or any rule or regulation by the Governing Body of the City concerning Alcoholic Liquor or Cereal Malt Beverage;
   3. 3.
      The Licensee has become ineligible to obtain a license or permit under this title;
   4. 4.
      The Licensee's manager or employee has been intoxicated while on duty; 
   5. 5.
      The sale or gift of Cereal Malt Beverage or Alcoholic Liquor to a Minor by a Licensee, his manager or Employee;
   6. 6.
      The nonpayment of any license tax payable pursuant to this Chapter;
   7. 7.
      For a Licensee, his manager or Employee to permit gambling in or upon Premises selling Alcoholic Liquor;
   8. 8.
      The Licensee or its manager or Employee, has  permitted any disorderly Person to remain on Premises where Alcoholic Liquor is sold by such Licensee;
   9. 9.
      There has been a violation of a provision of the laws of this City or of this state or of any other state or the United States pertaining to the sale of intoxicating or Alcoholic Liquors or Cereal Malt Beverage, or any crime involving a Morals Charge on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee;
   10. 10.
       The Licensee or its managing officers or any Employee has purchased and displayed, on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee, a federal waging occupational stamp issued by the United States Treasury Department;
   11. 11.
       The Licensee or its managing officers or any Employee, has purchased and displayed, on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee, a federal coin-operated gambling device stamp for the Premises issued by the United States Treasury Department;
   12. 12.
       The Licensee holds a license as a Class B Club, Drinking Establishment or Caterer and has been found guilty of a violation of Article 10 of Chapter 44 of the Kansas Statutes Annotated, and amendments thereto, under a decision or order of the Kansas Human Rights Commission that has become final or such Licensee has been found guilty of a violation of K.S.A. 21-4003, prior to its repeal, or K.S.A. 2020 Supp. 21-6102, and amendments thereto;
   13. 13.
       For knowingly selling or providing Alcoholic Liquor to any Person who is intoxicated;
   14. 14.
       Failure to pay a fine assessed by the Governing Body within 30 days of the date such fine was imposed;
   15. 15.
       Violation of any provisions of K.S.A. 41-1201 et seq. or K.S.A. 41-2601, et seq.
   16. 16.
       There has been a violation of K.S.A. 21-4106 or 21-4107, prior to their repeal, K.S.A. 21-6204, and amendments thereto, on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee;
   17. 17.
       Violation of Overland Park Municipal Code section 7.08.002.
3. C.
   If any of the grounds for revocation enumerated in Subsection (B) of this Section are violated by an Employee or manager, then in the absence of proof of knowledge by the Licensee, there shall be no revocation, except as herein provided, but there may be a suspension of not more than thirty days. In any event if any Licensee is subject to more than two such suspensions in any twelve-month period, the Licensee's license may be revoked on the third such violation.
4. D.
   Within 30 days after the order of the Governing Body or the City Clerk revoking or suspending any license, the Licensee may appeal from such order to the district court of the county in the manner as provided by law; provided that any appeal taken from an order revoking or suspending any such license shall not suspend the order during the pendency of such appeal. In case of the revocation of a license of any Licensee, no new license shall be issued to such Person or to any Person acting for or on his behalf, for a period of six months after the revocation becomes effective.

(History: Ord. CDC-3369 §13, 2022; Ord. CDC-2875 §10, 2010; CDC-2178 §13, 99; CDC-2102 §4, 98; CDC-1963 §4, 95; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2611)

Effective on: 1/1/1901

5.20.120 Suspension of License by Chief Of Police.

1. A.
   The Chief of Police, upon five days' written notice, and subsequent to conduct of a hearing shall have the authority to suspend such license for a period not to exceed 30 days for any of the reasons set forth at Section 5.20.115(B) (2), (4), (5), (7), (8), (9), (13) and (14), which reason does not, in the judgment of the Chief of Police, justify a recommendation of revocation; provided. 
2. B.
   The licensee may appeal an order of suspension pursuant to this Section by filing with the City Clerk a written notice of appeal to the Governing Body within seven days of the suspension by the Chief of Police. The notice of appeal shall specify:

   1. 1.
      The name and address of the appellant;
   2. 2.
      The date of the license's suspension; and 
   3. 3.
      The factual basis for the appeal.

       

      Upon receipt of a complete and timely filed notice of appeal, the City Clerk shall schedule a hearing before the Governing Body, no later than 30 days from the date of the filing of the notice of appeal. Any appeal shall stay the suspension of the license until the matter is heard by the Governing Body. The Governing Body may approve or overrule the license suspension or may modify the decision to suspend the license. In any hearing before the Governing Body pursuant to this Section, a certified copy of a conviction from any local, state, or federal court for any violation is prima facie evidence of such violation. 

3. C.
   The Governing Body's decision may be appealed to the Johnson County District Court of the State of Kansas pursuant to K.S.A. 60-2101, and amendments thereto. Any such appeal to the District Court shall not stay the suspension or any modification imposed thereupon by the Governing Body.
4. D.
   The Chief of Police shall notify the City Manager and City Clerk prior to making a suspension hereunder.

(History: Ord. CDC-3369 §14, 2022; Ord. CDC-2178 §14, 99; CDC-2102 §5, 98; CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.125 Display of License.

Every licensee shall cause the issued license to be framed and hung in plain view in a conspicuous place on the licensed premises.

(History: Ord. CDC-2178 §15, 99; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2612)

Effective on: 1/1/1901

5.20.130 Right of Entry and Inspection.

The right of immediate entry to and inspection of any premises where Alcoholic Liquor or Cereal Malt Beverage is sold by a Licensee or holder of a temporary permit, or any premises subject to the control of any Licensee or temporary permit holder, by any duly authorized officer or agent of the City, or by any law enforcement officer, shall be a condition on which every license or temporary permit is issued, and the application for and acceptance of any license or temporary permit shall conclusively be deemed to be the consent of the applicant and licensee or permit holder to such immediate entry and inspection. Such right of immediate entry and inspection shall be at a time when the premises are occupied and is not limited to hours when the licensee or temporary permit holder is open for business. Such consent shall not be revocable during term of the license or temporary permit. Refusal of such entry shall be grounds for revocation of the license or temporary permit. Upon the refusal of any licensee to permit immediate entry and inspection as said above, the city attorney shall report such refusal to the State Director of Alcoholic Beverage Control.

(History: Ord. CDC-3369 §15, 2022; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2613)

Effective on: 1/1/1901

5.20.135 Caterer and Temporary Permit Holder Notification.

Prior to any event at which a caterer or temporary permit holder will sell alcoholic liquor or cereal malt beverage by the individual drink, the caterer or temporary permit holder shall notify the Chief of Police in writing at least 48 hours prior to the event where the event shall take place and the estimated number of individuals participating in the event.

(History: Ord. CDC-3369 §16, 2022; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90: PCT-1453 §4, 87)[Source or prior law: 5.20.035]

Effective on: 1/1/1901

5.20.136 Caterers; Events on Public Property.

A Caterer License shall allow the licensee to operate as a Caterer in accordance with the provisions of this Chapter; the Club and Drinking Establishment Act, K.S.A. 41-2601 et seq., and amendments thereto; and rules and regulations adopted by the Secretary of the Kansas Department of Revenue.

In addition to other requirements under the Municipal Code, licensed Caterers desiring to cater an event on public property at which Alcoholic Liquor or Cereal Malt Beverage is sold, served, dispensed and consumed must apply in writing to the City Clerk for such authorization. Applications must include a diagram accurately describing the public property for the catered event, the dates of the event. If parking areas are included in the area designated for consumption, the applicant must clearly indicate how parking needs will be satisfied during the catered event. All applications shall be reviewed by the Chief of Police to insure the licensed Caterer has planned for and has available the necessary resources. The Chief of Police shall submit to the City Clerk in writing their review of the application which shall include all comments concerning public safety issues. The City Clerk will issue or deny a caterer’s license once the applicant has completed all application requirements, the applicant has paid the license tax set forth in O.P.M.C. 5.20.068, and the City Clerk has received the recommendations of the Chief of Police. The City Clerk shall notify the Chief of Police whenever a caterer’s license has been issued by the City Clerk and forward a copy of the license and application to the Chief of Police.

(History: Ord. CDC-3369 §17, 2022)

Effective on: 1/1/1901

5.20.140 Removal from the Licensed Premises.

1. A.
   Subject to the rights conferred by subparagraphs B and C below, no person shall remove any drink of alcoholic liquor or cereal malt beverage from premises licensed as a club, drinking establishment, or public venue or from a caterer's premises, or from premises licensed pursuant to a temporary permit. 
2. B.
   Legal patrons of a Club or a drinking establishment may remove Alcoholic Liquor or Cereal Malt Beverage from the licensed premises in one or more containers, including in the original unopened container, subject to the following conditions:

   1. 1.
      It must be otherwise legal for the licensee to sell the alcoholic liquor or cereal malt beverage;
   2. 2.
      each container of alcoholic liquor or cereal malt beverage must have been purchased by a patron of the licensed premises;
   3. 3.
      the licensee or the licensee’s employee must provide the patron with a dated receipt for the alcoholic liquor or cereal malt beverage; 
   4. 4.
      before any container of alcoholic liquor or cereal malt beverage is removed from the licensed premises, the licensee or the licensee’s employee must securely reseal any opened containers, and place the container in a tamper-proof, transparent bag that is sealed in a manner that makes it visibly apparent if the bag is subsequently tampered with or opened;
   5. 5.
      no original unopened containers of spirits may be removed from the licensed premises; and
   6. 6.
      no alcoholic liquor or cereal malt beverage may be removed from the licensed premises after 11:00 p.m. unless such alcoholic liquor is wine that was purchased and partially consumed on the licensed premises.
3. C.
   A patron may remove one or more containers of beer, domestic beer and cereal malt beverage that are sold on the licensed premises to consumers and served in refillable and sealable containers for consumption off the licensed premises if such containers:

   1. 1.
      Contain between 32 and 54 fluid ounces; 
   2. 2.
      have a label affixed that clearly indicates the licensee's name and the type of alcoholic beverage contained in such container; and
   3. 3.
      are not sold or removed from the premises after 11:00 p.m. 

(History: Ord. CDC-3369 §18, 2022; Ord. CDC-3172 §2, 2017; CDC-2629 §1, 2006; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2653)

Effective on: 1/1/1901

5.20.145 Rights of Clubs; Membership

1. A.
   A Class A Club license shall allow the licensee to offer for sale, sell and serve Alcoholic Liquor and Cereal Malt Beverage for consumption on the licensed premises by members, their families and guests accompanying them and to any reciprocal member as provided by Article 26 of Chapter 41 of Kansas Statutes Annotated, and amendments thereto.
2. B.
   A Class A Club license shall allow the licensee to offer for sale, sell, and serve Alcoholic Liquor for consumption on the licensed premises by individuals other than members of the licensee, their families or guests during an event as provided in Article 26 of Chapter 41 of the Kansas Statutes Annotated, and amendments thereto.
3. C.
   A Class B Club license shall allow the licensee to offer for sale, sell, and serve Alcoholic Liquor or Cereal Malt Beverage for consumption on the licensed premises by members and guests accompanying them and to any reciprocal member as provided in Article 26 of Chapter 41 of the Kansas Statutes Annotated, and amendments thereto. 

(History: Ord. CDC-3369 §19, 2022; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2637)

Effective on: 1/1/1901

5.20.148 Rights of Public Venues.

1. A.
   A license for a public venue shall allow the licensee to:

   1. 1.
      Offer for sale, sell and serve Alcoholic Liquor or Cereal Malt Beverage by the individual drink for consumption on the licensed premises;
   2. 2.
      Offer for sale, sell and service unlimited drinks for a fixed price in designated areas of the licensed premises;
   3. 3.
      Offer for sale and sell all-inclusive packages that include unlimited drinks in designated areas of the licensed premises;
   4. 4.
      Offer for sale, sell and serve Alcoholic Liquor or Cereal Malt Beverage in the original container for consumption on the licensed premises in private suites that are enclosed or semi-enclosed seating areas, having controlled access and separated from the general admission areas by a permanent barrier; and
   5. 5.
      Store, in each private suite that is enclosed or semi-enclosed seating area, heaving controlled access and separated from the general admission areas by a permanent barrier, Alcoholic Liquor or Cereal Malt Beverage sold in the original container to a customer in that private suite. 
2. B.
   The term designated areas for purposes of this section means an area identified in the license application, which may include suites, that has controlled access and is separated from the general admission by a barrier. 

(History: Ord. CDC-3369 §20, 2022)

Effective on: 1/1/1901

5.20.150 Certain Sales Practices Prohibited; Penalties.

1. A.
   No Licensee nor any person acting as an employee or agent thereof, shall:

   1. 1.
      Offer or serve any free cereal malt beverage or alcoholic liquor in any form to any person;
   2. 2.
      Offer or serve to any person an individual drink at a price that is less than the acquisition cost of the drink to the licensee or permit holder;
   3. 3.
      Sell, offer to sell or serve to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the general public or to the general membership of a club;
   4. 4.
      Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or cereal malt beverage or the awarding of individual drinks as prizes; 
   5. 5.
      Sell, offer to sell or serve free of charge any form of powdered alcohol, as defined in K.S.A. 41-102, and amendments thereto; or 
   6. 6.
      Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections A(1) through (5);
2. B.
   No public venue, nor any person acting as an employee or agent thereof, shall: 

   1. 1.
       Offer or serve any free Cereal Malt Beverage or Alcoholic Liquor in any form to any person;
   2. 2.
      Offer or serve to any person a drink or original container of Alcoholic Liquor or Cereal Malt Beverage at a price that is less than the acquisition cost of the drink or original container of Alcoholic Liquor or Cereal Malt Beverage to the licensee;
   3. 3.
      Sell or serve Alcoholic Liquor in glass containers to customers in the general admission area;
   4. 4.
      Sell or serve more than two drinks per customer at any one time in the general admission area;
   5. 5.
      Encourage or permit, on the licensed premises, any game or contest which involves drinking Alcoholic Liquor or Cereal Malt Beverage or the awarding of drinks as prizes;
   6. 6.
      Sell, offer to sell or serve free of charge any form of powdered alcohol; or
   7. 7.
      Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (b)(1) through (6).
3. C.
   A Public Venue, Club, Drinking Establishment, Caterer or holder of a Temporary Permit may: 

   1. 1.
      Offer free food or entertainment at any time;
   2. 2.
      Sell or deliver wine by the bottle or carafe;
   3. 3.
      Sell, offer to sell and serve individual drinks at different prices throughout any day; 
   4. 4.
      Sell or serve beer, cereal malt beverage or mixed alcoholic beverage in a pitcher;
   5. 5.
      Offering samples of alcohol liquor or cereal malt beverage free of charge as authorized by Articles 12 and 26 of Chapter 41 of Kansas Statutes Annotated, and amendments thereto; or
4. D.
   A public venue, club or drinking establishment may offer customer self-service of beer or wine, or both from automated devices on licensed premises as authorized by K.S.A. 41-2640, and amendments thereto.
5. E.
   Violation of any provision of this Section is a misdemeanor and punishable by a fine of not more than $500 or imprisonment not to exceed six months or by both such fine and imprisonment.
6. F.
   Violation of any provision of this act shall be grounds for license suspension or revocation.
7. G.
   For the purposes of this section:

   1. 1.
       Day means from 6:00 a.m. until 2:00 a.m. the following calendar day;
   2. 2.
      Mixed Alcoholic Beverage means a beverage that is made by combining Alcoholic Liquor with a non-alcoholic liquid or other edible substance and that is comprised of at least 25%non-alcoholic liquid or other edible substance, including, but not limited to, margarita, sangria, daiquiri or mojito; and
   3. 3.
      Pitcher means any container that is capable of containing more than 32 fluid ounces but not more than 64 fluid ounces that is used to serve Alcoholic Liquor or Cereal Malt Beverage to one or more individuals.

(History: Ord. CDC-3369 §21, 2022; Ord. CDC-3241 §8, 2019; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2640)

Effective on: 1/1/1901

5.20.155 Penalty for Violation.

Any person violating any provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50.00 and not more than $500.00 or imprisonment not to exceed 6 months or both such fine and imprisonment unless otherwise provided herein.

(History: Ord. CDC-3369 §22, 2022; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.160 Separability.

If any part or parts of this ordinance shall be held to be invalid, such invalidity shall not affect the validity of the remaining parts of this ordinance. The governing body hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts thereof would be declared invalid.

(History: Ord. CDC-1653A §1, 91; CDC-1653 §1, 90; PCOT-1322 §4, 85)[Source or prior law: 5.20.040]

Effective on: 1/1/1901

5.20.165 Savings Clause.

Neither the adoption of this ordinance nor the repeal or amendment of any ordinance or part or portion thereof shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(History: Ord. CDC-1653A §1, 91; CDC-1653 §1, 90; PCOT-1322 §5, 85)[Source or prior law: 5.20.050]

Effective on: 1/1/1901

5.22.010 Purpose.

It is the purpose of this Chapter to allow the Governing Body to authorize, by resolution, the establishment of one or more common consumption areas within the City, pursuant to the provisions and requirements of K.S.A. 41-2659 and amendments thereto.[1] The Governing Body is hereby authorized to designate and approve the location, size, security, and hours of operation of the common consumption areas, as well as to impose any other reasonable conditions for the same.

For the purposes of this Chapter, "common consumption area" shall mean the same as defined by K.S.A. 41-2659, and amendments thereto.

[1] This Chapter is intended to conform with state law and the regulations adopted by the Kansas Alcohol Beverage Commission and should be interpreted accordingly.

(History: Ord. ABC-3411 §1, 2023; Ord. ABC-3215 §2, 2018)

Effective on: 8/14/2018

5.22.020 Permit Application.

1. A.

   A person who desires a common consumption area permit (a “CCA permit”) authorizing the consumption of alcoholic liquor or cereal malt beverage in a designated indoor or outdoor area not otherwise subject to a license issued pursuant to the Kansas Liquor Control Act or the Kansas Club and Drinking Establishment Act shall complete an application upon forms provided by the City Clerk. Completed applications shall be filed with the City Clerk and be accompanied by a non-refundable permit fee (set by resolution). The applicant shall provide all information requested and should allow a minimum of 45 days for review and approval of a properly completed application. The CCA permit application shall include the following information:

   1. 1.

      Name and address of the applicant.

      1. a.

         Per K.S.A. 41-2659(b), the applicant must be a Kansas resident or an organization that has its principal place of business in Kansas. If the applicant is an organization, it shall provide a copy of its articles of incorporation, bylaws and a list of all directors, officers, partners and/or members.

   2. 2.

      Proposed hours and days of operation of the common consumption area.

   3. 3.

      A detailed map of the proposed common consumption area showing: the boundaries and size of the area; location and description of any physical barriers and/or signage for the area, entrances and exits; location of attached licensed drinking establishments; identification of licensed drinking establishments that are adjacent but not to be attached to the area; and approximate location of security personnel.

   4. 4.

      A list of streets, alleys, sidewalks or other right-of-way to be closed to vehicular traffic during the hours of the common consumption area, and a corresponding traffic control plan. (e.g. alternative traffic routes, location of barricades, cones and signage.) Alternative routes must be available for public, transit and emergency vehicles.

   5. 5.

      Identify fire and EMS routes and access and anticipated area occupancy.

   6. 6.

      A detailed description of security arrangements for the proposed common consumption area, including the number and the approximate location of security personnel. (Security will be required to coordinated with the Police Department and the use of on duty police officers may be required.)

   7. 7.

      Type of alcoholic liquor or cereal malt beverage to be consumed and the means or method which will be used to sell, dispense or distribute alcoholic liquor or cereal malt beverage to be consumed in the proposed common consumption area.

   8. 8.

      Name and contact information for on-site supervisors or managers responsible for the proposed consumption area.

   9. 9.

      Name and address of licensed drinking establishments adjacent to the proposed common consumption area which will obtain authorization from the Kansas Alcoholic Beverage Control to be attached to the proposed area.

   10. 10.

       Name and address of any other licensee who will be authorized by the Kansas Alcoholic Beverage Control to participate in the proposed area. (e.g., caterer’s license or temporary liquor license who will sell in the area.)

   11. 11.

       Applicant’s plan to prevent off-premises consumption of alcoholic liquor or cereal malt beverage and the consumption of alcoholic liquor or cereal malt beverage by minors as part of the proposed common consumption area.

   12. 12.

       Documentation showing authorization to use all portions of the proposed common consumption area. (e.g., lease, use agreement or deed.)

   13. 13.

       Commitment to procure and maintain throughout the duration of the CCA permit an insurance policy or policies for general liability and liquor liability issued by an insurance company authorized to do business in the State of Kansas, which policy includes the “City of Overland Park, Kansas” as an additional insured and which provides commercial general liability coverage in an amount not less than $1,000,000.00 per occurrence / $2,000,000.00 annual aggregate and liquor liability in an amount not less than $1,000,000.00 annual aggregate. Proof of insurance shall be submitted to the City on forms approved by the City’s Risk Manager upon issuance of the CCA permit and continued maintenance of this insurance shall be a condition of the CCA permit.

   14. 14.

       Commitment to indemnify, release and hold harmless the City, its Governing Body and its employees from and against any losses incurred or suffered by any person or to any real or personal property as a result of or in connection with the common consumption area.

2. B.

   Upon receipt of the application, application fee and all other necessary documents, the City Clerk shall forward the application to the following departments for review: Police, Fire, Planning & Development, Public Works and Law. These departments shall timely review the application and provide written comments to the City Clerk to be included in the staff recommendations to the Governing Body. The City Clerk will assist the applicant with addressing any concerns noted by staff’s review.

3. C.

   In the event the proposed common consumption area is located within 200 feet of any residentially zoned property,^[2] the applicant shall provide written notice by certified mail to all owners of record of all real property located within 200 feet of the proposed area at least 20 days prior to the date of the Governing Body’s hearing on the application. The applicant shall file with the City Clerk the certified mailings and an affidavit stating the names and addresses of the persons to whom notice was sent at least two business days prior to the hearing date.

^[2] If the proposed common consumption area is within the Downtown Form District (DFD), this notice is only required when such area is within 200’ of a residentially zoned property which is not included in the Form District.

(History: Ord. ABC-3368 §1, 2022; Ord. ABC-3215 §3, 2018)

Effective on: 1/1/1901

5.22.030 Authorization by Governing Body.

1. A.

   Consideration. The Governing Body shall review the application for the proposed common consumption area and may, by resolution, issue a CCA permit to authorize the possession and consumption of alcoholic liquor in the designated area. In reviewing the application, the Governing Body shall consider the following factors:

   1. 1.

      The suitability of the proposed common consumption area and its compatibility or impact on adjacent or nearby properties and their uses. Provided, common consumption areas can only be approved for locations in areas zoned CP-1, CP-2, CP-3, MXD or DFD.

   2. 2.

      Whether the proposed closure of any street, alley or roadway will cause a significant hardship to pedestrian or vehicle traffic, and whether alternative routes are available for public, transit and emergency vehicles.

   3. 3.

      The adequacy of fire and EMS routes and access and the anticipated area occupancy.

   4. 4.

      The adequacy of security to be provided in the common consumption area.

   5. 5.

      No common consumption area will be approved at or on premises which do not conform to applicable provision of city code, including but not limited to, the Unified Development Code and applicable building, health or fire codes.

   6. 6.

      The distance between the proposed common consumption area and other common consumption areas approved by the City.

   7. 7.

      Concerns expressed by neighborhood, businesses, residents or other citizens regarding the proposed common consumption area.

   8. 8.

      Impact of the application on the public health, safety and welfare.

   9. 9.

      City staff’s review and comments.

      1. a.

         If the application is for a renewal, Police and Fire shall provide a report of all calls for service and number of arrests or citations issued for offenses occurring in or upon the designated common consumption area and the areas immediately adjacent thereto.

   10. 10.

       Any other factor deemed pertinent to the particular application.

   11. 11.

       No CCA permit shall be approved to authorize the consumption of alcoholic liquor prior to 6:00 a.m. or after midnight. Provided, this limitation shall not apply to events between 8:00 a.m. on December 31st through midnight on January 1st of any year.

   12. 12.

       No CCA permit shall be issued to:

       1. a.

          A person who has been convicted of or has pled guilty to a felony under the laws of this State, any other State, or the United States;

       2. b.

          A person who has had a liquor license revoked for cause under the provisions of Article 26 of Chapter 41 of the Kansas Statutes Annotated;

       3. c.

          A person who has been convicted, or has forfeited bond to appear in court to answer to charges, of being the keeper or is keeping any property, whether real or personal, private or commercial, where sexual relations are being sold or offered for sale;

       4. d.

          A person who has been convicted of or has pled guilty to being a proprietor of a gambling house or of pandering or other crimes or misdemeanors opposed to decency and morality or shall have forfeited bond to appear in court to answer charges for any such violations;

       5. e.

          A person who is not at least 21 years of age;

       6. f.

          A person who, other than as a member of the Governing Body of the City or of Johnson County, appoints or supervises any law enforcement officer, or who is a law enforcement official;

       7. g.

          A person who intends to carry on the business authorized by the CCA permit as the agent of another;

       8. h.

          A person who at the time of application for renewal of any CCA permit issued hereunder would not be eligible for such license upon a first application; or

       9. i.

          Any person, if the spouse of such person would be ineligible to receive such a license hereunder for any reason other than citizenship, residence requirements or age, except that this subsection shall not apply in determining eligibility for a renewal CCA permit or to a person whose spouse is a law enforcement officer.

2. B.

   Approval. If the Governing Body determines that the application for a CCA permit will be approved, the Governing Body shall adopt a resolution setting forth:

   1. 1.

      The boundaries of the common consumption area.

   2. 2.

      The hours and days of operation that consumption of alcoholic liquor or cereal malt beverage may be consumed in the common consumption area.

   3. 3.

      A list of all streets, alleys, sidewalks or other right-of-way to be closed during the hours of the common consumption area and a corresponding traffic control plan.

   4. 4.

      That the approved resolution and CCA permit shall not exceed a period of one year, and that the CCA permit is not transferable or assignable.

   5. 5.

      That the CCA permit holder and any participating licensee must comply with all rules and regulations set forth in this Chapter.

   6. 6.

      Any additional condition or stipulation set by the Governing Body.

       The City Clerk shall provide a certified copy of the resolution to the CCA permit holder and the Kansas Director of Alcoholic Beverage Control within 10 business days of approval by the Governing Body.

(History: Ord. ABC-3368 §2, 2022; Ord. ABC-3215 §4, 2018)

Effective on: 1/1/1901

5.22.040 Regulations for Common Consumption Areas.

1. A.

   Common consumption areas must be clearly marked using a physical barrier or a clearly apparent line of demarcation to distinguish the area where consumption is allowed.

2. B.
   Every common consumption area shall have signs conspicuously posted identifying the boundaries of such area in a size and manner that provides notices to persons entering or leaving the area.  
3. C.

   Any public street, alley or other right-of-way within a common consumption area may, at the discretion of the Governing Body,​​​​​​​ be closed to vehicular traffic during the hours of the common consumption area. Alternative routes must be available for public, transit and emergency vehicles.

   1. 1.

      The CCA permit holder is responsible for placing any barricades, cones and signage necessary for any approved street closure and for promptly removing the same after the hours of the common consumption area.

   2. 2.

      A separate parade permit is not required for the closure of any public street, alley, sidewalk or other right-of-way in conjunction with the issuance of the CCA permit, provided that all applicable requirements of Chapter 12.16 (Parades) are met and incorporated into the requirements of the CCA permit.

4. D.

   Alcoholic liquor or cereal malt beverage consumed in a common consumption area must be served in a distinctive container that displays the licensee’s trade name, logo or other identifying mark that is unique to the licensee serving the alcoholic liquor or cereal malt beverage. Such container may not be a glass bottle, container or other vessel and must be distinctively different than the containers in which non-alcoholic drinks are served.

5. E.

   The CCA permit holder shall provide the City Clerk a copy of its state common consumption permit issued by the Director of Alcoholic Beverage Control (the “state permit”) within 10 business days of issuance. The CCA permit holder shall promptly notify the City Clerk within 5 business days of service of any administrative actions or amendments to the state permit. During the operation of common consumption area, the state permit must be maintained by the onsite manager/supervisor and made available upon request by a law enforcement officer or other city or state official.

6. F.

   Licensees immediately adjacent to or located within a common consumption area must receive permission to participate in the common consumption area from the Director of Alcoholic Beverage Control. Participating licensees shall notify the City Clerk of such approval, and shall post at all times a copy of documentation received from the Alcohol Beverage Control approving its participation. The CCA permit holder and the approved licensees shall notify the City Clerk of any change, deletion or addition of approved participating licensees of the common consumption area within 10 business days of any such change in approved licensees.

7. G.
   In addition to their licensed premises, one or more licensees that have requested and received permission to participate in a common consumption area may offer for sale, sell and serve alcoholic liquor or cereal malt beverage for consumption from one non-contiguous service area within the common consumption area, as designed and approved by the CCA permit holder. The licensee shall prominently display a copy of its drinking establishment license and the approval of the CCA permit holder at its non-contiguous area. 
8. H.

   The CCA permit holder and all approved licensees shall comply with all rules and regulations issued by the Director of the Alcoholic Beverage Control relating to the common consumption area.

9. I.

   A CCA permit is for the possession and consumption of alcoholic liquor and cereal malt beverage only. No sales of alcoholic liquor or cereal malt beverage may occur within the common consumption area, unless the sales are conducted by a licensed caterer in accordance with all requirements for a catered event, a separate temporary permit has been issued for the area, or a drinking establishment has been authorized by the permit holder to operate a non-contiguous service area in accordance with subsection F and state law. ^[3] (See K.S.A. 41-2659(e)(2))

10. J.

    No person shall possess, consume or be allowed by the CCA permit holder to possess or consume alcoholic liquor or cereal malt beverage within the common consumption area that was not sold or provided by either an adjacent drinking establishment participating in the common consumption area or a CCA permit holder (or its agent) with a caterer's license or a temporary liquor license for the common consumption area.

11. K.

    The CCA permit holder shall take all reasonable steps necessary to ensure that no consumption of alcoholic liquor or cereal malt beverage occurs in the common consumption area during the hours the common consumption area is not approved.

12. L.

    No alcoholic liquor or cereal malt beverage may be consumed inside motor vehicles while on a public street, alley, road or highway within a common consumption area.

13. M.

    No person shall remove or be allowed by the CCA permit holder to remove any alcoholic beverage or cereal malt beverage from inside the boundaries of a common consumption area.

14. N.

    The CCA permit holder shall promptly remove all alcoholic liquor or cereal malt beverage from the common consumption area at the end of the approved hours of operation.

15. O.

    The CCA permit holder shall be liable for violations of all liquor laws that occur within the approved common consumption area, including off the permit holder's premises, but within the common consumption area identified in the permit​​​​​​​; provided, however, it is not liable for violations involving the sale and consumption of alcohol liquor or cereal malt beverage that occur on the licensed premises of participating licensees.

16. P.

    Any licensee participating in a common consumption area shall be liable for all violations of liquor laws governing the sale and consumption of alcoholic liquor or cereal malt beverage that occur on the licensee’s premises.

17. Q.

    A CCA permit does not waive any requirement for a special event permit; and a special event permit does not waive any requirement for a CCA permit. If the common consumption area is to be included within an area approved for a special event, such area must be properly permitted for the sale of alcoholic liquor or cereal malt beverage during the special event. The issuance of a special event permit or CCA permit does not relieve a person from the obligation to obtain any other permit, license, or pay any additional fees required by the City for the temporary sale of alcoholic liquor and/or cereal malt beverage within the common consumption area.

     

    ^[3] Per the Alcoholic Beverage Control’s interpretation and application of K.S.A. 41-104.

(History: Ord. ABC-3411 §2, 2023; ​​​​​​​Ord. ABC-3368 §3, 2022; Ord. ABC-3215 §5, 2018)

Effective on: 1/1/1901

5.22.045 Permitting Consumption by Minors; Exceptions; Penalties.

1. A.

   No CCA permit holder, caterer, temporary permit holder, or drinking establishment licensee participating in a common consumption area, or any owner, officer or employee thereof, shall knowingly or unknowingly permit the possession or consumption of alcoholic liquor or cereal malt beverages by a minor within the common consumption area, except that a caterer’s, temporary permit holder’s, or drinking establishment licensee’s employee who is not less than 18 years of age may serve alcoholic liquor or cereal malt beverage under the on-premise supervision of the caterer, temporary permit holder or drinking establishment licensee, or an employee who is 21 years of age or older.

2. B.
   Violation of this section is a misdemeanor punishable by a fine of not less than $100.00 and not more than $250.00 or imprisonment not exceeding 30 days, or both.
3. C.
   It shall be a defense to  a prosecution under this Section if:

   1. 1.
       The defendant permitted the minor to possess or consume the alcoholic liquor or cereal malt beverage with reasonable cause to believe that the minor was 21 or more years of age; and
   2. 2.
      To possess or consume the alcoholic liquor or cereal malt beverage, the minor exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document that reasonably appears to contain a photograph of the minor and purporting to establish that such minor was 21 or more years of age. 

(History: Ord. ABC-3368 §4, 2022.)

Effective on: 1/1/1901

5.22.050 Right of Entry and Inspection.

The right of immediate entry to and inspection of the common consumption area or any premises where the common consumption of alcoholic liquor has been allowed by City resolution by any duly authorized officer or agent of the City, or by any law enforcement officer, shall be a condition on any CCA permit issued and the application for and acceptance of any CCA permit shall conclusively be deemed to be the consent of the CCA permit holder to such immediate entry and inspection. Such consent shall not be revocable during the term of the CCA permit. Such right of immediate entry and inspection shall be at any time when the premises are occupied and is not limited to hours when common consumption is authorized. Refusal of entry shall be grounds for revocation of the CCA permit.

(History: Ord. ABC-3368 §5, 2022; Ord. ABC-3215 §6, 2018)

Effective on: 1/1/1901

5.22.060 Revocation of Permit.

1. A.

   The Governing Body shall immediately revoke the CCA permit of any CCA permit holder whenever its state permit is revoked by the State for any reason.

2. B.

   The Governing Body, upon 5 days written notice to a CCA permit holder, may assess an administrative penalty not to exceed $1,000.00 and/or suspend the CCA permit for a period not to exceed 30 days, or may revoke the CCA permit, for any of the following reasons:

   1. 1.

      If the CCA permit holder has fraudulently obtained the CCA permit by giving false information in the application therefor or any hearing thereon;

   2. 2.

      If the CCA permit holder, manager, employee or agent has violated any of the provisions of this Chapter, any provision or condition of the CCA permit; any provision of the Unified Development Code or Overland Park Municipal Code, including but not limited to health, housing or fire codes or the maximum occupant load of any such building or premises; or any state or federal law;

   3. 3.

      If the CCA permit holder has become ineligible to obtain a CCA permit under this Chapter;

   4. 4.

      The CCA permit holder's manager or employee has been intoxicated while on duty;

   5. 5.

      If the CCA permit holder or its manager or employee has permitted any disorderly person to remain on premises where alcoholic liquor or cereal malt beverage is allowed to be consumed;

   6. 6.

      If there has been a violation by such CCA permit holder of a provision of the laws of this City or any other municipality or this State or of any other state pertaining to the sale of intoxicating or alcoholic liquors or cereal malt beverages, or any crime involving a morals charge on premises where alcoholic liquor or cereal malt beverage is consumed; or

   7. 7.

      There has been a violation of K.S.A. Supp. 21-6204 (maintaining, permitting a public nuisance) and amendments thereto, in or upon the premises of the CCA permit.

3. C.

   In any hearing before the Governing Body pursuant to this Section, a certified copy of conviction from any local, state, or federal court, for any violation contained within Subsection B is prima facie evidence of violation. For the purposes of this Section, “conviction” shall include being adjudged guilty upon entering a plea of no contest.

4. D.

   Within 30 days after the Governing Body’s revocation or suspension of a CCA permit, the CCA permit holder may appeal such order to the Johnson County District Court in the manner as provided by law; provided that any appeal taken from an order revoking the CCA permit shall not suspend the order of revocation during the pendency of such appeal. In case of the revocation of a CCA permit, no new CCA permit shall be issued to such person or to any person acting for or on such person's behalf, for a period of 1 year after the revocation becomes effective.

(History: Ord. ABC-3368 §8, 2022; Ord. ABC-3215 §7, 2018)

Effective on: 1/1/1901

5.22.070 Suspension by Chief of Police.

1. A.

   The Chief of Police, upon 5 days written notice, shall have the authority to suspend the CCA permit for a period of not to exceed 30 days for any of the reasons set forth in Section 5.22.060, which reason does not, in the judgment of the Chief of Police, justify a recommendation of revocation. The Chief of Police shall notify the City Manager and City Clerk prior to making a suspension hereunder.

2. B.

   The Chief of Police, upon 5 days written notice, shall have the authority to suspend the CCA permit if the CCA permit holder, the CCA permit holder’s manager, employee, or agent, or any person under the direction and control of the CCA permit holder has committed a violation of OPMC Chapter 7.08 (noise). Within any 2-year period of time, upon a first violation of said chapter, the Chief of Police shall issue a written warning to the CCA permit holder; upon a second violation, shall suspend the CCA permit for a period of not more than 5 days when consumption is designated to occur; upon a third violation, shall suspend or recommend to the Governing Body revocation of the CCA permit. The Chief of Police shall notify the City Manager and City Clerk prior to making a suspension hereunder.

3. C.

   The CCA permit holder may appeal an order of suspension pursuant to this Section by filing with the City Clerk a written notice of appeal to the Governing Body within 7 days of the suspension by the Chief of Police. The notice of appeal shall specify:

   1. 1.

      The name and address of the appellant;

   2. 2.

      The date of the suspension of the CCA permit; and

   3. 3.

      The factual basis for the appeal.

Upon receipt of a complete and timely filed notice of appeal, the City Clerk shall schedule a hearing before the Governing Body, no later than 30 days from the date of the filing of the notice of appeal. Any appeal shall stay the suspension of the CCA permit until the matter is heard by the Governing Body. The Governing Body may approve or overrule the suspension of a CCA permit or may modify the decision to suspend a CCA permit. In any hearing before the Governing Body pursuant to this Section, a certified copy of a conviction from any local, state, or federal court for any violation is prima facie evidence of such violation.

4. D.

   The Governing Body's decision may be appealed to the Johnson County District Court of the State of Kansas pursuant to K.S.A. 60-2101 and amendments thereto. Any such appeal to the District Court shall not stay the suspension or any modification imposed thereupon by the Governing Body.

(History: Ord. ABC-3215 §8, 2018)

Effective on: 1/1/1901

5.22.080 Penalty for Violation.

Any person violating any provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500 or 30 days in the county jail unless otherwise provided herein.

(History: Ord. ABC-3215 §9, 2018)

Effective on: 8/14/2018

5.28.010 Generally - Defined.

The following regulations for the operation of drive-in restaurants and the following standards of conduct in drive-in restaurants are established. "Drive-in restaurant," as used in this chapter, means those places of business where food is or may be consumed in cars parked on the premises, whether or not the premises have inside facilities for eating.

(History: Ord. DIR-382 §1, 66)

Effective on: 1/1/1901

5.28.020 Screening - Fencing Required in R-1 or R-2 zone.

Any drive-in restaurant adjacent to R-1, single family residential property, or adjacent to R-2, duplex property, shall be screened or fenced so that no light shall be cast upon such adjacent property.

(History: Ord. DIR-382-A §1, 66; DIR-382 §2, 66)

Effective on: 1/1/1901

5.28.030 Hours.

No drive-in restaurant may remain open past the hour of one a.m., with the exception that indoor facilities may remain open after the hour of one a.m., provided that no food is consumed other than within the indoor facilities.

(History: Ord. DIR-382-A §2, 66; DIR-382 §3, 66)

Effective on: 1/1/1901

5.28.040 No Trespassing Signs Required after Hours.

At all times during the nighttime hours that such drive-in restaurant is not open for business, "No Trespassing" signs must be posted at all drive-in parking lot entrances.

(History: Ord. DIR-382-A §3, 66; DIR-382 §4, 66)

Effective on: 1/1/1901

5.28.070 Patrolling Premises.

The owner or operator of any drive-in restaurant shall regularly patrol the premises and cause a surveillance to be kept thereon in order to regulate the conduct of persons on the premises and maintain order, pursuant to this chapter.

(History: Ord. DIR-382 §7, 66)

Effective on: 1/1/1901

5.28.080 Fencing to Prevent Litter from Scattering.

All drive-in restaurants shall be fenced so that litter and debris will not blow or be cast upon adjacent premises.

(History: Ord. DIR-382 §8, 66)

Effective on: 1/1/1901

5.28.090 Emerging or Exiting.

Every driver of a vehicle emerging or exiting from a drive-in restaurant shall stop before entering the street and shall yield the right-of-way to any vehicle or vehicles approaching on the street so closely as to constitute an immediate hazard, and shall yield the right-of-way to any pedestrian approaching the exit.

(History: Ord. DIR-382 §9, 66)

Effective on: 1/1/1901

5.28.100 Trash Containers - Prevention of Trash Scattering.

The owner or operator of any drive-in restaurant shall furnish sufficient trash containers for use on the premises and shall not cause or permit trash or debris to be scattered about the premises.

(History: Ord. DIR-382 §10, 66)

Effective on: 1/1/1901

5.28.120 Violation - Penalties.

Violation of this chapter is a public offense, and any person, firm or corporation convicted of the violation of this chapter shall be fined in a sum of not less than $5.00 and not more than $200. Each day upon which such a violation occurs constitutes a separate violation.

(Amended during codification in accordance with K.S.A.12-3015; Ord. DIR-382 §12, 66)

Effective on: 1/1/1901

5.36.010 Application and Relation To The City’s Adopted Edition of the International Fire Code.

The provisions of the City’s adopted edition of the International Fire Code, as found in O.P.M.C. 16.120.100, K.A.R. 22-4-1 through 22-4-3, and applicable federal regulations to include Title 27 of the Code of Federal Regulations, shall be complied with in all matters concerning the manufacture, storage, possession, transportation, sale and use of explosives or blasting agents within the City; provided, that the provisions of this Chapter shall, when not addressed by the City’s adopted edition of the International Fire Code, be complied with. Copies of this ordinance shall be on file with the City Clerk and be open to inspection and available to the public during normal business hours.

(History: Ord. EBA-2461 §1, 2004; EBA-2248 §1, 2001; EBA-948,B §1, 89; EBA-948 §1, 77; EBA-410-A; EBA-410)

Effective on: 1/1/1901

5.36.020 Short Title.

This chapter shall be known as "An Ordinance Regulating the Manufacture, Storage, Possession, Transportation, Sale, and Use of Explosive Materials and Blasting Agents in the City of Overland Park, Kansas," and may be referred to as "The Explosive Materials and Blasting Agents Ordinance."

(History: Ord. EBA-948,B §2, 89; EBA-948 §2, 77; EBA-410 §2)

Effective on: 1/1/1901

5.36.030 Authority Having Jurisdiction.

The City Fire Marshal, or their agent, is designated to administer this ordinance as provided herein. In addition, the Fire and Police Departments shall have authority to enforce the regulatory provisions set forth herein; provided further, the City Fire Marshal shall be notified immediately of any enforcement action taken.

(History: Ord. EBA-3320 §1, 2021; Ord. EBA-948,B §3, 89; EBA-948 §3, 77; EBA-410 §3)

Effective on: 1/1/1901

5.36.050 Permit Defined.

"Permit," whenever used in this chapter, means the written authority of the City Fire Marshal, Fire Department or Police Department issued pursuant to this chapter, to manufacture, possess, store, sell, transport, or use an explosive or blasting agent.

(History: Ord. EBA-3320 §2, 2021; Ord. EBA-948,B §4, 89; EBA-410 §5, 67)

Effective on: 1/1/1901

5.36.060 Application of Chapter.

This chapter shall apply to all persons, firms, corporations, copartnerships, governmental agencies and associations storing, handling, or using explosives or blasting agents, and to the owner or lessee of any building, premises, or equipment in or on which explosives or blasting agents, and to the owner or lessee of any building, premises, or equipment in or on which explosives or blasting agents are stored, handled, or used.

(History: Ord. EBA-948,B §5, 89; EBA-948 §5, 77; EBA-410 §6)

Effective on: 1/1/1901

5.36.062 Application To Private Property.

The provisions of this chapter shall be applicable to private as well as public property.

(History: Ord. EBA-948,B §6, 89)

Effective on: 1/1/1901

5.36.080 Operations Requiring Permits.

A permit issued pursuant to this chapter shall be obtained from the City Fire Marshal for any of the operations listed below in order to achieve greater fire safety and protection of the public; provided, all permits shall be acknowledged and endorsed in writing by the City Fire Department and Police Department:

1. A.
   To manufacture, possess, store, keep, sell or otherwise dispose of any explosives, special industrial explosive materials, or blasting agents;
2. B.
   To maintain any facility for loading, unloading, reloading, or transshipment of explosives or blasting agents, or the temporary retention of explosives or blasting agents in connection therewith;
3. C.
   To use any explosives or blasting agents;
4. D.
   To keep on hand any quantity of explosives or blasting agents in industrial research laboratories and laboratories of technical institutes, colleges, universities, and similar institutions.

(History: Ord. EBA-3320 §3, 2021; Ord. EBA-948,B §7, 89; EBA-948 §7, 77; EBA-410 §8(1))

Effective on: 1/1/1901

5.36.090 Insurance and Scale Drawings Required Prior to Permit Issuance.

Before a permit as required under Section 5.36.080 shall be issued, the applicant for such permit shall secure and maintain insurance coverage in accordance with the provisions of the Design and Construction Standards Manual as defined and incorporated by reference in 13.10. Before a permit shall be issued, the applicant shall furnish to the City Fire Marshal a scaled drawing accurately showing the surrounding land, indicating improvements thereupon, and all dimensions and distances relative thereto. The scale drawing shall show distances to all houses, buildings, or other facilities within 500 feet of the blasting or demolition work. The drawing accompanying an application for a permit to store explosives or blasting agents must show distances to buildings and other features in accordance with the American Table of Distances for Storage of Explosives. All permit applications which are not accompanied by the scale drawing shall be refused and will not be considered until such scale drawing accompanies the application for permit. In addition, the City Fire Marshal shall have authority to establish additional written standards for the submission of scaled drawings or other portions of the application process.

(History: Ord. EBA-3320 §4, 2021; Ord. EBA-2850 §1, 2010; EBA-948,B §8, 89; EBA-948,A §1, 84; EBA-948 §8, 77; EBA-410 §8(2))

Effective on: 1/1/1901

5.36.100 Reissuance of Permits.

All permits issued in accordance with the provisions of this chapter shall, when reissued, be subject to any amendments hereafter made to this chapter.

(History: Ord. EBA-410 §8(3), 67)

Effective on: 1/1/1901

5.36.110 Permits Not Issued for Places of Public Assembly or Artificially Lighted Places.

Repealed.

(History: Ord. EBA-2248 §2, 2001; EBA-948 §9, 77; EBA-410 §8(4))

Effective on: 1/1/1901

5.36.120 Permits Not Issued for Technical Institute Or College Unless Used for Research Or Laboratory.

Permits as required in 5.36.080 shall not be issued for any building or structure that is occupied as a technical institute, college, university, or similar institution, except that permits may be issued for school buildings used for research or for laboratories.

(History: Ord. EBA-3320 §5, 2021; Ord. EBA-410 §8(5), 67)

Effective on: 1/1/1901

5.36.130 Permits Nontransferable.

Permits shall not be transferable.

(History: Ord. EBA-410 §8(6), 67)

Effective on: 1/1/1901

5.36.140 Validity Period of Permit - Revocation.

Each permit granted by the City Fire Marshal shall be valid for such period as may be specified but not to exceed one year, and shall be a revocable license, and shall expire when revoked.

(History: Ord. EBA-3320 §6, 2021; Ord. EBA-410 §8(7), 67)

Effective on: 1/1/1901

5.36.150 Separate Permits Required for Each Operation.

Separate and distinct permits shall be required for each operation listed under 5.36.080.

(History: Ord. EBA-410 §8(8), 67)

Effective on: 1/1/1901

5.36.160 Inspection and Approval.

Application for a permit to construct or erect facilities for the storage, handling or use of explosives or blasting agents as required in this chapter shall be made in writing to the City Fire Marshal. The City Fire Marshal shall insure the applicant has a valid user's permit issued by the State Fire Marshal and then cause to be made an inspection of the premises and equipment proposed to be used. If they are found to be in compliance with this chapter, a statement to that effect shall be noted on the application and the application signed by the person making the inspection. The City Fire Marshal shall thereupon issue a permit as applied for.

The City Fire Marshal, or their agent, may inspect premises, buildings, installations, or equipment in conformance with applicable law for the storage, handling, or use of explosives or blasting agents. If a violation of this chapter is found to exist, the City Fire Marshal, or their agent, shall file with the owner, occupant, or operator a notice citing the violation and ordering its correction within a specified time period. If such order is not complied with, the City Fire Marshal shall suspend the permit issued for such facility.

(History: Ord. EBA-3320 §7, 2021; Ord. EBA-948B §9, 89; EBA-948 §11, 77; EBA-410 §9, 67)

Effective on: 1/1/1901

5.36.165 Blasting Operations.

All blasting operations shall be carried out only by skilled and experienced personnel who are currently licensed by the state of Kansas to conduct blasting operations. When blasting is to take place within 500 feet of a house, building, or other facility, the application for the permit must be accompanied by a statement of procedure for the blasting operation approved by the applicant's insurance carrier. This statement of procedure shall include specific information on the blasting operation, such as charge weights, delays, depths, patterns, protective mats or coverings required, seismographic monitoring, pre-blast surveys, and notification of nearby property or utility owners.

Regardless of the distance to nearby facilities the blasting operations shall be carried out in such manner that they will not cause fly rock or damage from air blast overpressure or ground vibration. Seismic recordings may be required by the City Fire Marshal. The maximum peak particle velocity at any such recording site must not exceed one inch per second in any one of three mutually perpendicular directions.

A daily blasting log, and storage log if applicable, must be kept for all blasting operations and made available for inspection by the City Fire Marshal.

(History: Ord. EBA-3320 §8, 2021; Ord. EBA-948,B §10, 89; EBA-948 §11, 77)

Effective on: 1/1/1901

5.36.180 Appeals.

As owner, lessee, agent, operator, or occupant aggrieved by any order or permit issued pursuant to this ordinance may file an appeal to the Code Board of Appeals, constituted by 16.04.120 of the Overland Park Municipal Code, and such appeal shall be heard by the Code Board of Appeals upon notice of the chairman and within 10 days of such appeal. Such appeal shall not stay the execution of such order until it has been heard and reviewed, vacated or confirmed. The Code Board of Appeals shall at such hearing affirm, modify, revoke, or vacate such order. Unless revoked or vacated, such order shall then be complied with.

Nothing contained in this section shall be deemed to deny the right of any person, firm, corporation, copartnership, or voluntary association to appeal from an order or decision of the Code Board of Appeals to a court of competent jurisdiction. Such appeal shall not stay the execution of such order until it has been heard and reviewed, vacated or confirmed.

(History: Ord. EBA-948,B §11, 89; EBA-948 §12, 77; EBA-410 §11, 67)

Effective on: 1/1/1901

5.36.190 Failure to Comply With Chapter - Penalties.

Any person who fails to comply with the provisions of this chapter or with an order of the City Fire Marshal issued pursuant thereto and from which no appeal has been taken, or with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction within the time fixed therein, shall be fined not less than $100 nor more than $1000. The imposition of one penalty for the violation of such order shall not excuse the violation or permit it to continue. Each day that a violation continues shall be considered a separate violation and shall be subject to additional fines and penalties.

(History: Ord. EBA-3320 §9, 2021; Ord. EBA-948,B §12, 89; EBA-410 §12, 67)

Effective on: 1/1/1901

5.38.010 Title.

This chapter shall be known as "An Ordinance Regulating the Manufacture, Storage, Possession, Transportation, Sale and Use of Smokeless Propellants And Black Powder in the City of Overland Park, Kansas" and may be referred to as "The Smokeless Propellants and Black Powder Ordinance."

(History: Ord. SPBP-1615 §1, 89)

Effective on: 1/1/1901

5.38.020 Application and Relation to the City’s Adopted Edition of the International Fire Code.

The provisions of the City’s adopted edition of the International Fire Code, as found in O.P.M.C. 16.120.100 shall be complied with in all matters concerning the manufacture, storage, possession, transportation, sale and use of smokeless propellants, primers and black powder within the City; provided, that the provision of this Chapter shall when in conflict or when not addressed by the City’s adopted edition of the International Fire Code take precedent and be complied with.

(History: Ord. SPBP-2462 §1, 2004; SPBP-2249 §1, 2001; SPBP-1615 §2, 89)

Effective on: 1/1/1901

5.38.030 Reporting and Notification Requirements.

All persons, firms, contractors, corporations, co-partnership agencies and associations storing on premises owned, leased or in any fashion controlled by said entities shall report in writing the storage, keeping or presence of smokeless propellants and black powder as follows:

1. A.
   Smokeless propellants in a quantity of fifty pounds or more.
2. B.
   Black powder in a quantity of twenty pounds or more.

Notice of the aforementioned quantities of smokeless propellants or black powder shall be made prior to storage in writing to the City Fire Marshals on standard forms provided by the City for such purposes. The City Fire Marshal shall forward copies of said forms to the City Police Department and City Engineer.

(History: Ord. SPBP-1615 §3, 89)

Effective on: 1/1/1901

5.38.040 Failure to Comply.

Any person who fails to comply with provisions of this chapter shall be fined not less than $100 nor more than $1,000. The imposition of a penalty for a violation shall not excuse the violation or permit it to continue. Each day that a violation continues shall be considered a separate violation and shall be subject to additional fines and penalties.

(History: Ord. SPBP-1615 §4, 89)

Effective on: 1/1/1901

5.40.010 Definitions.

5.40.020 Fireworks Prohibited. Exceptions.

No person shall store, offer for sale, expose for sale, sell at retail, use, explode, discharge, or possess any fireworks except for supervised public exhibitions or displays; provided, however, that such public exhibitions or displays shall be conducted only in accordance with 5.40.050 through 5.40.100 and in accordance with any rules and regulations issued by the fire chief, who is designated as the Code Official, for review and approval as the Code Official, for the area included within the permit application boundaries of the City for compliance with O.P.M.C. 16.120. Provided further, however, that the provisions and prohibitions of this section shall not be construed to prohibit the proper and lawful storage of fireworks, by an actual wholesaler, for sale outside the City limits of Overland Park, Kansas.

(History: Ord. FW-2250 §2, 2001; FW-930 §1, 77; FW-912 §2, 76; FW-654 §2, 72; FW-223, A,B,C)

Effective on: 1/1/1901

5.40.050 Permit for Public Display by Pyrotechnic Expert - Generally.

Fireworks may be sold for use by experienced pyrotechnic experts in a public exhibition or display of fireworks; provided, that the person desiring to purchase such articles of fireworks shall exhibit to and file with the seller a permit, or a copy thereof, issued by the City Clerk.

(History: Ord. FW-654 §5, 72; FW-223)

Effective on: 1/1/1901

5.40.060 Application for Permit for Public Display.

An applicant for a permit for a public exhibition or display of fireworks shall, at least 10 days before the day set for the display, file with the City Clerk a written application, in triplicate, duly subscribed and sworn to by the applicant.

Such application shall set forth the following:

1. A.
   The name of the association, organization or corporation sponsoring the display, together with the names of the persons to be in charge of the firing and discharging of the display;
2. B.
   The date and time of day at which the display is to be held;
3. C.
   The exact location planned for the display;
4. D.
   A description setting forth the age, experience, residence and physical characteristics of the persons who are to do the actual firing and discharging of the fireworks;
5. E.
   The number and kinds of fireworks to be discharged;
6. F.
   The manner and place of the storage of such fireworks between the date of purchase and the date of display;
7. G.
   A diagram or sketch of the grounds on which the display is to be held, showing the point at which the fireworks are to be discharged, the location of all buildings, streets and other lines of communication, the lines behind which the public will be restrained, and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions.

(History: Ord. FW-654 §6, 72; FW-223)

Effective on: 1/1/1901

5.40.070 Investigation and Approval Of Permit By Code Official - Fee.

A copy of an application filed under the preceding section shall be sent at once to the fire chief for review and approval as the Code Official, for the area included within the permit application boundaries. The Code Official shall make an investigation of the site of the proposed display, investigate the competence and skill of the persons to be in charge of firing and discharge of the fireworks, and be satisfied that the display will be conducted lawfully and in accordance with this chapter. No permit shall be issued unless the approval in writing therefor, signed by the Code Official, is filed with the City Clerk. The applicant for a permit shall, at the time of filing application therefor, pay a fee as determined by a Resolution approved by the Governing Body.

(History: Ord. FW-3034 §1, 2014; FW-2250 §3, 2001; FW-912 §5, 76; FW-654 §7, 72; FW-223)

Effective on: 1/1/1901

5.40.080 Insurance Required.

Before a permit shall be issued for a public exhibition or display of fireworks, the applicant therefor shall file with the City Clerk a certificate of insurance from a company acceptable to the City in at least the amount listed below.

General Liability

Bodily Injury & property damage combined single limit:          $500,000 per occurrence

Policy must include the following conditions:

1. A.
   Premises and Operations
2. B.
   Explosion
3. C.
   Independent Contractors

(History: Ord. FW-1478 §1, 87; FW-1050 §1, 79; FW-654 §8, 72; FW-223)

Effective on: 1/1/1901

5.40.090 Conduct of Public Display.

Public fireworks displays shall comply with the requirements of O.P.M.C. 16.120 and Section 3308 of the City’s adopted edition of the International Fire Code.

(History: Ord. FW-2463 §1, 2004; FW-2250 §4, 2001; FW-654 §9, 72; FW-223)

Effective on: 1/1/1901

5.40.110 Enforcement of Provisions.

The Chief of Police is charged with the duty of enforcing all the provisions, terms and regulations of this chapter and he may cause to be confiscated and destroyed all fireworks sold, used or possessed in violation of this chapter.

(History: Ord. FW-654 §11, 72; FW-223)

Effective on: 1/1/1901

5.40.120 Exemptions from Chapter.

Nothing in this chapter shall be construed as prohibiting any resident wholesaler, dealer or jobber from selling at wholesale such fireworks as are not herein prohibited, or the sale of any kind of fireworks; provided, that the same are to be shipped out of the City, nor shall this chapter be construed as prohibiting the manufacture, storage, sale or use of signals, fuses or fireworks necessary for the safe operation of railroads, trucks, aircraft or other instrumentalities of transportation or of blank cartridges and blank pistols for a show or theater or for signal or ceremonial purposes in athletics or sports or for use by military organizations. Nothing in this ordinance shall be deemed or construed to prevent, prohibit or regulate the use of explosives of any nature, or any substance or device used in connection with such explosives, in any building or construction work or activities within the City as provided in 5.36.

(History: Ord. FW-654 §12, 72; FW-223)

Effective on: 1/1/1901

5.40.130 Storage of Fireworks to be Sold at Wholesale.

Fireworks to be sold at wholesale shall be kept in a building used solely for the storage of fireworks. Such buildings must comply with pertinent building code requirements of Chapters 16.100 through 16.180, for this type of occupancy.

(History: Ord. FW-2250 §5, 2001; FW-654 §13, 72; FW-223)

Effective on: 1/1/1901

5.40.140 Violation-Penalty.

Violation of any section of this chapter is a public offense and any person shall, upon conviction thereof, be punished as provided in 1.12.010.

(Amended during codification in accordance with KSA 12-3015; Ord. FW-654 §14, 72; FW-223)

Effective on: 1/1/1901

5.44.010 Definitions.

For the purpose of this chapter, the following terms, phrases, words, and the derivations will have the meaning given herein:

5.44.020 Unlawful to Hold More Than the Allowed Number of Sales Per Year.

It is unlawful for any person or household to hold more than two garage sales at the same location within one calendar year. If members of more than one residence join in holding a garage sale, then such sale shall be considered as to have been held for each and all such residences.

The Director of Planning and Development Services, or his/her designee, may grant permission for an additional sale during that calendar year if such sale is either an estate sale resulting from the death of an owner of the property or a moving sale resulting from the sale of the residence, upon the submission of sufficient documentation to the Director.

(History: Ord. GS-2598 §2, 2006; GS-1251 §2, 84; GS-483 §2, 67)

Effective on: 1/1/1901

5.44.025 Location.

It is unlawful for any person to display items for or conduct a garage sale in any place other than a dwelling unit, garage, accessory use building, driveway or front yard. Display of items in the public right-of-way or within 10 feet of the curb is prohibited.

(History: Ord. GS-2598 §3, 2006; GS-1476 §1, 87)

Effective on: 1/1/1901

5.44.026 Lease of Property.

It is unlawful to sell at a garage sale any goods other than goods legally owned by a resident of the private residence, or an immediate neighbor participating in the sale, and commercial merchandise may not be included in any such sale.

No merchandise shall be purchased and brought upon the premises for resale. Only the personal property of the residents or immediate neighbors may be sold. “Personal property” does not include property that has been consigned to, or acquired for the purpose of resale, but is limited to personal property which is utilized, owned and maintained by an individual or by members of a residence and acquired in the normal course of living in or maintaining of a residence; provided, however, such property may include salesperson promotional and advertising items not originally purchased or acquired for sale to the consumer.

(History: Ord. GS-2598 §4, 2006; GS-1476 §2, 87)

Effective on: 1/1/1901

5.44.030 Time Limit.

It is unlawful for any person to conduct a garage sale in violation of the length and separation requirements set forth in this ordinance. Each of the two garage sales permitted during a calendar year shall consist of not less than one day or portion thereof nor more than four consecutive days or portions thereof. For the purposes of this ordinance, a garage sale shall be considered to be conducted when either merchandise is offered or displayed for sale, or when any signs or other advertisements indicate it is being conducted, or both, and shall be considered concluded when there is an absence of said criteria and four consecutive days from its commencement have elapsed. When the first such sale in a calendar year is concluded, the second permitted garage sale may not commence until at least 30 clear days have elapsed from such conclusion. For example, a resident may hold a garage sale on any or all of the days between Wednesday and Saturday of the same week, but may not hold such a sale on a Wednesday and Sunday of the same week.

(History: Ord. GS-2598 §5, 2006; GS-1251 §3, 84; GS-483 §3, 67)

Effective on: 1/1/1901

5.44.035 Signs.

Signs for sales at homes are governed by Title 18, the Unified Development Ordinance. See Section 18.440.

(History: Ord. GS-2598 §6, 2006)

Effective on: 1/1/1901

5.44.040 Violations - Penalty.

The violation of any provision of this Chapter is a public offense and any person convicted thereof shall be punished as provided in Section 1.12.010. Each day that any violation of this Chapter shall continue shall constitute a separate offense. Prosecution of any violation as a public offense pursuant to this Section may be in addition to, or as an alternative to, any other remedy or course of action available to the City under this Chapter.

(History: Ord. GS-2598 §7, 2006; GS-1251 §4, 84; GS-483 §4, 67)

Effective on: 1/1/1901

5.46.010 Definitions.

As used in this chapter, the words and phrases defined in this section shall have the following meanings:

5.46.020 License Required.

It is unlawful and prohibited for any person to operate a juvenile dance hall within the City without having in such person's possession a valid juvenile dance hall license for the place of business issued by the City.

(History: Ord. JDH-1626 §2, 89)

Effective on: 1/1/1901

5.46.030 Exceptions.

The following activities do not require a license pursuant to this chapter:

1. A.
   A dance conducted at a private residence from which the general public is excluded;
2. B.
   A dance conducted at or sponsored by a public or private elementary school, secondary school, college, or university;
3. C.
   A dance conducted at a religious or fraternal organization;
4. D.
   A dance conducted at a place owned by the federal, state, or local government.

(History: Ord. JDH-1626 §3, 89)

Effective on: 1/1/1901

5.46.040 License Application.

The application for a license to operate a juvenile dance hall shall be made by the applicant to the City Clerk on a form provided by the City Clerk and shall contain, but not be limited to, the following information:

1. A.
   The name and residence of the applicant;
2. B.
   A description of the location to be licensed, the dimensions of the interior of the location, the dimensions of the dance floor, the seating arrangements, the location of any food service area, and the location and dimensions of the parking area. These dimensions shall be provided by inclusion of a floor plan graphically depicting the location of said items;
3. C.
   A detailed description of the provisions the applicant has made for security on the premises to include parking lot security and the names and addresses of the persons who will supervise and manage the premises;
4. D.
   The manner in which admission will be permitted, and, if admission will be by a set admission charge or the donation of money, the amount of the charge or the donation that will be required;
5. E.
   The length of time the applicant has resided within Johnson County and the state of Kansas;
6. F.
   The name of the owner of the premises upon which the place of business is located;
7. G.
   The name and address of all employees who will be employed on the premises;
8. H.
   A statement that the applicant and all employees are citizens of the United States and that the applicant and all employees have never been convicted of a felony or during the five years immediately preceding the date of application have never been convicted of:

   1. 1.
      Prostitution;
   2. 2.
      Promotion of prostitution;
   3. 3.
      Public lewdness;
   4. 4.
      Gambling;
   5. 5.
      Violation of the Kansas Uniform Controlled Substance Act;
   6. 6.
      Violation of the liquor laws of the state of Kansas or any city or state;
   7. 7.
      Driving under the influence of alcohol or drugs or any other alcohol-related offense;
   8. 8.
      Carrying a concealed weapon;
   9. 9.
      Disorderly conduct;
   10. 10.
       Battery;
   11. 11.
       A violation of this chapter.

One copy of the application shall be transmitted to the Chief of Police for investigation of the applicant. The Chief of Police shall investigate the applicant and the applicant's employees to determine whether the applicant is qualified under the provisions of this chapter and shall report the findings and recommendations to the City Clerk.

(History: Ord. JDH-1626A §2, 89; JDH-1626 §4, 89)

Effective on: 1/1/1901

5.46.050 License Fee.

A license fee in the amount of $200 per year shall be paid for each license that is issued pursuant to this chapter. The full amount of the license fee shall be required regardless of the time of the year in which the application is made. There shall be no refund in any case when the licensee quits business prior to the end of the year. No license shall be transferable.

(History: Ord. JDH-1626 §5, 89)

Effective on: 1/1/1901

5.46.060 Issuance of License.

If the application is in proper form and accompanied by the license fee, the City Clerk shall examine the application and shall, if the applicant is qualified as provided herein, issue the license; provided no license shall be issued to:

1. A.
   A person who is not a resident of Johnson County, Kansas, or has not been a resident of such county for at least six months prior to filing the application;
2. B.
   A person who is not of good character or reputation in the community in which he/she resides.
3. C.
   A person who is not a citizen of the United States.
4. D.
   A person who has been convicted of during the immediately preceding five years, or if any employee or manager has been convicted of during the same period, any of the following:

   1. 1.
      Prostitution;
   2. 2.
      Promotion of prostitution;
   3. 3.
      Public lewdness;
   4. 4.
      Gambling;
   5. 5.
      Violation of the Kansas Uniform Controlled Substance Act;
   6. 6.
      Violation of the liquor laws of the state of Kansas or any city or state;
   7. 7.
      Driving under the influence of alcohol or drugs or any other alcohol-related offense;
   8. 8.
      Carrying a concealed weapon;
   9. 9.
      Disorderly conduct;
   10. 10.
       Battery;
   11. 11.
       A violation of this chapter.
5. E.
   A partnership, unless all the members are qualified individually;
6. F.
   A corporation, if any corporation officer or director thereof or any stockholder owning in the aggregate more than 25% of the stock of such corporation would be ineligible to receive a license for any reason other than citizenship and residency requirements;
7. G.
   A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee including citizenship and residency requirements;
8. H.
   A person whose spouse would be ineligible.

The licensee shall keep the license posted in a conspicuous place on the licensed premises.

(History: Ord. JDH-1626A §3, 89; JDH-1626 §6, 89)

Effective on: 1/1/1901

5.46.070 Hours of Operation.

Juvenile dance halls shall be open to business only during the following times.

1. A.
   If school is in session in the public school district in which the juvenile dance hall is located, the hours of operation shall be:

   1. 5:00 p.m. through 10:30 p.m. Monday through Thursday;

   2. 5:00 p.m. on Friday through 1:00 a.m. on Saturday;

   3. 1:00 p.m. Saturday through 1:00 a.m. on Sunday;

   4. 1:00 p.m. through 10:30 p.m. on Sunday.

2. B.
   If school is not in session in the public school district in which the dance hall is located, the hours of operation shall be 1:00 p.m. through 1:00 a.m. Monday through Sunday.

(History: Ord. JDH-1626B §1, 90; JDH-1626A §4, 89; JDH-1626 §7, 89)

Effective on: 1/1/1901

5.46.080 Persons Permitted in Club.

1. A.
   Licensees may allow persons 14 years of age through 20 years of age to enter the club; provided, if a licensee allows persons 14 and 15 years of age to enter the club, they shall be prohibited from allowing persons 19 and 20 years of age from entering the club; provided further, if a licensee prohibits individuals 14 and 15 years of age from entering the club, they may allow persons 16 through 20 years of age to enter the club. Licensees are prohibited from allowing both 14 and 15-year-old individuals and 19 and 20-year-old individuals in the club at the same time. In addition, licensees must state on their application for license which age group they intend to serve. If during the license period a licensee desires to change the age group to be served, the licensee must first notify the City Clerk in writing of the change.
2. B.
   In those clubs where the licensee has indicated on the license application that service will be to 14 through 18-year-old individuals, no person under the age of 14 years of age or over the age of 18 years old may enter or remain on the premises. In those clubs where the licensee has indicated on the license application that service will be to 16 through 20-year-old individuals, no person under the age of 16 and no person over the age of 20 may enter or remain on the premises; provided that regardless of the age of the patrons selected by the licensee, parents or legal guardians of patrons on the premises, employees, or licensees of the juvenile dance hall and government officials conducting business may enter upon the premises.
3. C.
   It is a violation of this chapter for any person for the purpose of gaining admittance to a juvenile dance hall to falsely represent:

   1. Their actual age;

   2. Themselves to be a licensee or an employee of the juvenile dance hall;

   3. Themselves to be a parent or guardian of a person in the juvenile dance hall;

   4. Themselves to be a governmental employee in the performance of his/her duties.

4. D.
   It shall be a violation of this chapter for a licensee not to check each person entering the licensed premises to insure by way of valid identification the person entering is of juvenile age as defined herein. Persons without identification shall be denied entrance to the premises.
5. E.
   It shall be a violation of this chapter for any person on the premises, to include the parking areas, to not provide identification to law enforcement officers to include name, age and address.

(History: Ord. JDH-1626A §5, 89; JDH-1626 §8, 89)

Effective on: 1/1/1901

5.46.090 Alcohol and Tobacco Prohibited.

1. A.
   The possession of alcohol or cereal malt beverages is prohibited on the premises of any juvenile dance hall and it shall be a violation of this chapter for any person to possess alcohol on the premises of a juvenile dance hall or for a licensee to permit the possession of alcohol on the premises. Licensees shall physically check all handbags, purses or hand carried clothing to insure no alcohol is brought into the premises.
2. B.
   There shall be no smoking permitted on the premises of a juvenile dance hall. It shall be a violation of this chapter for any person to smoke on the premises of a juvenile dance hall or for a licensee to permit smoking on the premises.

(History: Ord. JDH-1626 §9, 89)

Effective on: 1/1/1901

5.46.100 Posting.

Licensee shall post the age restrictions and the alcohol and tobacco prohibitions conspicuously upon the premises, preferably on the outside of the building adjacent to the main entrance.

(History: Ord. JDH-1626 §10, 89)

Effective on: 1/1/1901

5.46.110 Maximum Occupancy.

Juvenile dance hall occupant loads shall not exceed the value established by O.P.M.C. 16.100. The occupancy load shall be posted as required by O.P.M.C. Title 16.

(History: Ord. JDH-2251 §1, 2001; JDH-1626 §11, 89)

Effective on: 1/1/1901

5.46.120 Interior Lighting.

During all times a juvenile dance hall is open for business the interior lighting shall be sufficient to make the appearance and conduct of all patrons and other persons easily discernable immediately upon entering the premises.

(History: Ord. JDH-1626 §12, 89)

Effective on: 1/1/1901

5.46.130 Parking.

Every juvenile dance hall shall provide and maintain parking spaces sufficient for the location as determined by the City Planning and Development Services Department. All parking areas shall be maintained and supervised as required by 5.46.140. In addition, all parking areas shall be posted with "No Loitering" signs.

(History: Ord. JDH-2251 §2, 2001; JDH-1626 §13, 89)

Effective on: 1/1/1901

5.46.140 Supervision and Security.

Every juvenile dance hall licensee shall provide during hours of operation and one hour subsequent to hours of operation at least one uniformed security guard for each 100 anticipated customers. Such security guards shall patrol both the interior and exterior of the premises to include the parking areas and maintain order and shall supervise the cleanup of trash and litter in the parking lot. At all times there shall be at least one security guard in the parking areas. Security guards shall enforce the required "No Loitering" signs and report all criminal violations to law enforcement authorities as necessary.

(History: Ord. JDH-1626 §14, 89)

Effective on: 1/1/1901

5.46.150 License Revocation.

After five days written notice to any person holding a juvenile dance hall license, the Governing Body of the City may suspend or revoke such license for a violation of any of the provisions of this chapter or for any of the following:

1. A.
   Licensee permits criminal activity to include drug sales on premises;
2. B.
   Licensee or employee violates any City, state or federal laws;
3. C.
   Licensee employs persons in violation of the licensing standards of this chapter;
4. D.
   Licensee fails to cooperate with City officials in the conduct of their enforcement and inspection duties.

Within 20 days of Governing Body's action, the licensee may appeal any decision to the District Court.

(History: Ord. JDH-1626A §6, 89; JDH-1626 §15, 89)

Effective on: 1/1/1901

5.46.160 Penalty.

Any person convicted of a violation of this chapter shall be fined not more than $1,000 or imprisoned for more than six months, or by both such fine and imprisonment in addition to any action taken pursuant to Section 5.46.150.

(History: Ord. JDH-1626 §16, 89)

Effective on: 1/1/1901

5.48.010 Definitions.

As used in this Chapter, the words and phrases defined in this section shall have the following meanings, unless the context otherwise requires:

5.48.050 Levy.

1. A.
   A biennial license tax is established and required for the following licensees (amount set by resolution):

   1. 1.
      Each Retailer of Alcoholic Liquor in the City which also has a Retailer's license issued by the Director. The tax levied in this Section shall be paid by the Retailer to the City Clerk before business is begun under an original state license and shall be paid within five days after any renewal of the state license. A retailer’s license shall allow the licensee to sell and offer for sale at retail and deliver in the original package alcoholic liquor and cereal malt beverage for use or consumption off and away from the premises specified in such license, and those activities authorized by K.S.A. 41-308 and K.S.A. 41-308d, and amendments thereto.
   2. 2.
      Each Microbrewery, Microdistillery, and Farm Winery in the City which also has such a license issued by the Director. The tax levied in this Section shall be paid by the Microbrewery, Microdistillery, or Farm Winery to the City Clerk before business is begun under an original state license and shall be paid within five days after any renewal of the state license. A Microbrewery, Microdistillery, and Farm Winery license shall allow the sale on the licensed premises in the original unopened container to consumers for consumption off the licensed premises, of alcoholic liquor manufactured by the licensee and the serving free of charge on the licensed premises and at special events of samples of alcoholic liquor manufactured by the licensee, and those activities authorized by K.S.A. 41-308a, K.S.A. 41-308b, or K.S.A. 41-354, and amendments thereto. A Farm Winery license shall allow the sale of wine manufactured by the licensee for consumption on the licensed premises.
   3. 3.
      Each Nonbeverage User in the City which also has a Nonbeverage User's license issued by the Director. The tax levied in this Section shall be paid by the Nonbeverage User to the City Clerk before business is begun under an original state license and shall by paid within five days after any renewal of the state license. A Nonbeverage User license shall allow the licensee to use alcohol or wine purchased from a licensed manufacturer or distributor solely for the following nonbeverage purposes: flavoring extracts and syrups and food products; patent and proprietary medicines and medicinal, antiseptic and toilet preparations; scientific, chemical, experimental or mechanical purposes. 
2. B.
   Notwithstanding any other provision of law, failure to pay the full amount due under this paragraph on the date it is due shall result in the automatic cancellation of such license for the remainder of the license term. The City Clerk may, at the Clerk's sole discretion and after examination of the circumstances, extend the date payment is due pursuant to this paragraph for not more than 30 days beyond the date such payment is originally due. When the licensee pays the full amount of the license tax upon application and is prevented from operating under such license for reasons other than suspension or revocation of the license for the entire second year of the license term, a refund shall be made of one-half of the license fee paid by such licensee.
3. C.
   The place of business of any licensee may be changed from one location to another within the City upon special application to the City Clerk describing the new location and upon the approval of the City Clerk and accompanied by a non-refundable application fee (set by resolution).

(History: Ord. AL-3366, §2, 2022; Ord. AL-3242 §3; Ord. AL-2876 §1, 2010; AL-1320 §2, 85; AL-75 §1, 60)

(State Law: K.S.A. 41-308; K.S.A. 41-308a; K.S.A. 41-308b; K.S.A. 41-308d; K.S.A. 41-310; K.S.A. 41-354)

Effective on: 1/1/1901

5.48.060 Presentation of License to Pay Tax.

The holder of a license for a microbrewery, microdistillery, farm winery, or the retail sale of alcoholic liquor, or nonbeverage user, as aforesaid, issued by the Director shall present such license to the City Clerk when applying to pay the license tax levied in 5.48.050 and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(History: Ord. AL-3366, §3, 2022; Ord. AL-3242 §4, 2019; Ord. AL-1320 §3, 85; AL-75 §2, 60)

Effective on: 1/1/1901

5.48.070 Receipt to be Displayed.

Every licensee shall cause the City microbrewery, microdistillery, farm winery, alcoholic liquor retailer, or nonbeverage user license tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises.

(History: Ord. AL-3366 §4, 2022; Ord. AL-3242 §5, 2019; Ord. AL-1320 §4, 85; AL-75 §3, 60) (State Law: K.S.A. 41-325)

Effective on: 1/1/1901

5.48.080 Hours for Selling - Minors - Persons Hired - Compliance with Sanitary Regulations.

1. A.
   Hours of Operation.

   1. 1.
      Retailers. No retailer or retailer's agent or employee shall sell any alcoholic liquor or cereal malt beverage during the following times:

      1. a.
         Before 9:00 a.m. or after 11:00 p.m. Monday through Saturday; or
      2. b.
         Before 9:00 a.m. or after 8:00 p.m. on Sunday; or
      3. c.
         On Easter Sunday, Thanksgiving Day or Christmas Day.
   2. 2.
      Microbreweries, Microdistilleries and Farm Wineries. A microbrewery, microdistillery or farm winery may sell the type of alcoholic liquor it is permitted by state law to sell to consumers for consumption off the licensed premises any time between 6:00 a.m. or after 12:00 a.m. on any day.
2. B.
   Standards of Conduct.

   1. 1.
      Retailers. No retailer or retailer's agent or employee shall:

      1. a.
         Sell, give away, dispose of, exchange or deliver any alcoholic liquor or cereal malt beverage to any person under the age of 21 or allow any person under the age of 21 to possess alcoholic liquor or cereal malt beverages upon the licensed premises, except as permitted by K.S.A. 41-727, and amendments thereto; or
      2. b.
         Knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor or cereal malt beverage to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor; or
      3. c.
         Sell or offer for sale any powdered alcohol; or 
      4. d.
         Permit the consumption of alcoholic liquor or cereal malt beverage in or about the place of business, except for samples in conjunction with K.S.A. 41-308d, and amendments thereto; or
      5. e.
         Permit any person to mix drinks in or on the licensed premises, except for samples in conjuction with K.S.A. 41-308d, and amendments thereto; or 
      6. f.
         Employ any person under the age of 21 in connection with the operation or such retail establishment; or
      7. g.
         Employ any person who has been convicted of a felony or any violation of the alcoholic liquor laws of this city or this state or any other city or state or of the United States; or
      8. h.
         Fail to comply with the sanitary, health, and fire safety regulations and ordinances of this city.
   2. 2.
      Microbreweries, Microdistilleries and Farm Wineries. No microbrewery, microdistillery or farm winery or their agent or employee shall:

      1. a.
         Employ any person under the age of 18 years in connection with the manufacture, sale or serving of any alcoholic liquor; or
      2. b.
         Permit any employee of the licensee who is under the age of 21 years to work on the licensed premises at any time when not under the on-premises supervision of either the licensee or an employee of the licensee who is 21 years of age or over; or
      3. c.
         Employ any person under 21 years of age in connection with mixing or dispensing alcoholic liquor; or
      4. d.
         Employ any person in connection with the manufacture or sale of alcoholic liquor if the person has been convicted of a felony; or
      5. e.
         Knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor; or
      6. f.
         Sell or offer for sale any powdered alcohol; or
      7. g.
         Fail to comply with the sanitary, health, and fire safety regulations and ordinances of this city.

(History: Ord. AL-3366 §5, 2022; Ord. AL-3326 §2, 2021; Ord. AL-3242 §6, 2019; Ord. AL-2566 §2, 2005; AL-2447 §1, 2003; AL-1874A §1, 94; AL-1874 §1, 94; AL-1320 §5, 85; AL-75 §4, 60; POC-625 §24, 72)

(State Law: K.S.A. 41-308a; K.S.A. 41-308b; K.S.A. 41-308d; K.S.A. 41-354; K.S.A. 41-712; K.S.A. 41-713; K.S.A. 41-714; K.S.A. 41-715; K.S.A. 41-727)

Effective on: 1/1/1901

5.48.090 Penalties.

1. A.
   Any person having a microbrewery, microdistillery, farm winery, nonbeverage user, or retailer's license to sell alcoholic liquor and cereal malt beverage, as provided in this chapter, who fails to pay the license tax herein levied and within the time prescribed herein, or who violates any other section in this chapter, shall:

   1. 1.
      Upon a first conviction be fined not more than $500.00; and
   2. 2.
      Upon a second or subsequent conviction, be fined not more than $1,000.00 or imprisoned not more than 6 months, or by both.
2. B.
   Each day any person engages as a microbrewery, microdistillery, farm winery, nonbeverage user, or retailer in violation of the provisions of this chapter shall constitute a separate offense; 
3. C.
   Nothing herein shall be construed to prohibit the city from collecting the license tax by any procedure authorized by law.

(History: Ord. AL-3366 §6, 2022; Ord. AL-1320 §6, 85; ABC-421 §4, 71)

Effective on: 1/1/1901

5.48.100 Separability.

If any part or parts of this ordinance shall be held to be invalid, such invalidity shall not affect the validity of the remaining parts of this ordinance. The Governing Body hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts thereof would be declared invalid.

(History: Ord. AL-1320 §7, 85)

Effective on: 1/1/1901

5.48.110 Savings Clause.

Neither the adoption of this ordinance nor the repeal or amendment of any ordinance or part or portion thereof shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(History: Ord. AL-1320 §8, 85)

Effective on: 1/1/1901

5.50.300 Definitions.

5.50.310 Reference to Chief of Police, Other Staff.

Any reference in this Chapter to the Chief of Police, City Clerk, Community Planning & Services Director, Director of Planning & Development, Deputy City Manager or Fire Inspector shall include those persons’ designees and any individuals designated by the City Manager.

(History: Ord. MP-2790 §2, 2008)

Effective on: 1/1/1901

5.50.320 Business License Required.

No person, firm, partnership, association or corporation shall operate a massage establishment or an in-office massage business, as defined herein, without first having obtained a license therefor, issued by the City Clerk. It is unlawful to conduct such a business unless the license issued is current, unrevoked and not suspended. A separate license shall be required for each and every separate place of business conducted by any one licensee. Such license shall be valid for a period of twelve months from the date of issuance.

(History: Ord. MP-2790 §3, 2008)

Effective on: 1/1/1901

5.50.330 Limitations on In-office Massage Licenses.

The authority granted a licensee issued an in-office massage license is limited to the authority to conduct massage therapy on the non-permanent office premises of the licensee's clients and specifically does not include the authority to conduct massage therapy at a permanent premises operated by the licensee; provided the licensee must have a permanent business office located within the City.

(History: Ord. MP-2790 §4, 2008)

Effective on: 1/1/1901

5.50.340 Application for Massage Establishment and In-office Massage License; Fees.

Every applicant for a license to maintain, operate or conduct any establishment covered by this Chapter shall file an application with the City Clerk and pay an annual filing fee to the City Clerk of $300 per business. The fees shall not be refundable.

The application for a license to operate any such establishment shall set forth the exact nature of the services to be provided, the proposed place of business and facilities therefor, and the name, address, and telephone number of each applicant, including any stockholder holding more than 10% of the stock of the corporation, any partner, when a partnership is involved, and any manager.

In addition to the foregoing, any applicant for an establishment license shall furnish the following information:

1. A.
   Written proof that the applicant is at least 18 years old.
2. B.
   Two passport photographs at least two inches by two inches, and fingerprints, provided once an applicant has submitted an application containing their fingerprints, they will not have to submit fingerprints in any subsequent renewal application for that person.
3. C.
   The business, occupation, or employment of the applicant for the three years immediately preceding the date of application.
4. D.
   The massage establishment and in-office massage business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
5. E.
   Any criminal convictions, except minor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and circumstances thereof.
6. F.
   In the case of applicants who intend personally to provide in-office massage or massage therapy, the applicant must also apply for and receive a massage therapist license as provided for in Section 5.50.500.
7. G.
   Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license.
8. H.
   Applicants for renewal of an existing license need provide only that information or documentation necessary to insure up-to-date renewal application processing.

(History: Ord. MP-2790 §5, 2008)

Effective on: 1/1/1901

5.50.350 Massage Establishment License Application Processing.

1. A.
   Upon receipt of a complete application for a massage establishment license, the City Clerk shall immediately transmit one copy of the application to the Chief of Police for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the Community Planning & Services Manager, the Director of Planning & Development Services and the Fire Inspector.
2. B.
   It shall be the duty of the Chief of Police to investigate such application to determine whether the information contained in the application is accurate and whether the applicant is qualified to be issued the license applied for. The Chief of Police shall report the results of the investigation to the City Clerk not later than 21 days from the date the application is received by the City Clerk.
3. C.
   It shall be the duty of the Community Planning & Services Manager, the Director of Planning & Development Services and the Fire Inspector to determine whether the structure where the massage therapy business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, and fire ordinances of the City. All standards for premises set forth in Section 5.50.360 must be met prior to the first day the premises are open for business. The Community Planning & Services Manager, the Director of Planning & Development Services and the Fire Inspector shall report the results of their investigation to the City Clerk not later than 21 days from the date the application is received by the City Clerk.
4. D.
   Upon receipt of the reports from the Chief of Police, the Community Planning & Services Manager, the Director of Planning & Development Services and the Fire Inspector, or whenever 21 days have elapsed after the filing of the application, whichever occurs first, the City Clerk shall grant or deny the license consistent with the notification requirements established by law, provided the license shall be issued or denied within 45 days from the date of filing of a completed application with the clerk's office.  Any applicant aggrieved by denial of a license may seek judicial review in accordance with subsection E.
5. E.
   Any person aggrieved by denial, suspension or revocation of a license application may seek judicial review pursuant to K.S.A. 60-2101(d), and amendments thereto.

(History: Ord. MP-2790 §6, 2008)

Effective on: 1/1/1901

5.50.360 Inspection Necessary.

No business shall be conducted on a licensed premises unless an inspection by the Community Planning & Services Manager or his authorized representative reveals that the establishment complies with each of the following minimum requirements:

1. A.
   The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt, or refuse. All equipment used in the business's operation shall be maintained in a clean and sanitary condition. Towels, linen, and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths, and sheets shall not be used for more than one patron. Heavy, white paper may be substituted for sheets provided that such paper is changed for every patron. No service or practice shall be carried on within any cubicle, room, booth, or any area within any permitted establishment which is fitted with a door capable of being locked. These provisions are not applicable to an in-office massage business.
2. B.
   Toilet facilities shall be provided in convenient locations. When five or more massage establishment employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein. These provisions are not applicable to an in-office massage business.
3. C.
   Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels. These provisions are not applicable to an in-office massage business.

The Community Planning & Services Manager shall certify that the proposed business establishment complies with all of the requirements of this Section and shall give or send such certification to the City Clerk and Chief of Police. Provided, however, that nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof.

(History: Ord. MP-2790 §7, 2008)

Effective on: 1/1/1901

5.50.370 Issuance of Massage Establishment License.

After the filing of an application in the proper form, the City Clerk shall examine the application, and after such examination, shall approve the issuance of a license for an in-office massage establishment or a massage establishment, unless the City Clerk finds that:

1. A.
   The correct license fee has not been tendered to the City, and, in the case of a check or bank draft, honored with payment upon presentation.
2. B.
   The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, the City's zoning, and health regulations.
3. C.
   The applicant, if an individual; or any of the stockholders holding more than 10% of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, having been convicted of, or diverted on:

   1. 1.
      a felony in the 20 years immediately preceding the date of the application;
   2. 2.
      an offense involving sexual misconduct with children;
   3. 3.
      obscenity;
   4. 4.
      promoting prostitution as defined by K.S.A. 21-3513;
   5. 5.
      solicitation of a lewd or unlawful act;
   6. 6.
      prostitution;
   7. 7.
      pandering or other sexually related offense; or
   8. 8.
      Any violation of this Chapter during the last five years.
4. D.
   The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the City in conjunction therewith.
5. E.
   The applicant has had a massage establishment or other similar permit or license denied, revoked, or suspended or has voluntarily surrendered the permit or license in lieu of revocation or suspension for any of the above causes by the City or any other state or local agency within five years prior to the date of the application.
6. F.
   The applicant has previously been issued a license for an adult entertainment business (as defined in this Code) or escort service, or has been employed by any such establishment.
7. G.
   The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, has not attained the age of 18 years.
8. H.
   The manager or other person principally in charge of the operation of the business would be ineligible to receive any license under the provisions of this Chapter.

The records of the City Clerk shall show the action taken on the application. The license shall state that it is not transferable or refundable. If an application is denied, the applicant shall be immediately notified by certified mail, return receipt requested, mailed to the last known mailing address of the applicant, and the notice shall state the basis for the denial. Any applicant aggrieved by the disapproval may seek judicial review as set forth in Section 5.50.350E.

Any license issued under the provisions of this Chapter shall at all times be displayed by the licensee in an open and conspicuous place on the premises where the licensed business is conducted.

(History: Ord. MP-2790 §8, 2008)

Effective on: 1/1/1901

5.50.380 Business Identification Cards.

All license applicants or managers issued a license pursuant to the provisions of this Chapter shall, at all times when working in an establishment have in their possession a valid identification card issued by the City. Such identification cards shall be laminated to prevent alteration. Licensees or managers shall produce their identification cards for inspection upon request of any person who by law may inspect same.

(History: Ord. MP-2790 §9, 2008)

Effective on: 1/1/1901

5.50.390 Inspections, Immediate Right of Entry.

The Police Department and Community Planning & Services may from time to time make an inspection of each licensed establishment in this City, to include those locations where an in-office massage business conducts its business, for the purposes of determining that the provisions of this Chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow such inspection officer immediate access to the premises or to hinder such officer in any manner. Provided further, that any failure on the part of any licensee or employee to grant immediate access to such inspector shall be grounds for the revocation or suspension of any business or employee license.

(History: Ord. MP-2790 §10, 2008)

Effective on: 1/1/1901

5.50.400 Operation Regulations.

The operation of any massage establishment or in-office massage business shall be subject to the following regulations:

1. A.
   Hours. Such business shall be closed and operations shall cease between the hours of 10:00 p.m. and 6:00 a.m. each day provided the hours of operation for in-office massage may be extended on premises having bona fide evening and night shifts.
2. B.
   Danger to safety or health. No service shall be given which is clearly dangerous or harmful in the opinion of the Deputy City Manager or Community Planning & Services Manager, to the safety or health of any person, and after such notice in writing has been delivered to the licensee from such director.
3. C.
   Alcoholic beverages. No alcoholic beverages or cereal malt beverages, nor the consumption thereof, shall be allowed, permitted, or suffered to be done in or upon any premises licensed under the provisions of this Chapter or during in-office massage. Provided this restriction shall not apply to businesses where the licensed massage therapy is accessory to the predominant business purpose of the establishment, provided further, no alcohol is permitted on that portion of such premises where massage therapy occurs. As used in this Section, "that portion" shall mean physical, visual and audible separation by permanently installed walls and doors between the area where massage therapy occurs and the area where alcoholic beverages or cereal malt beverages are sold or consumed. Any currently-licensed establishments are exempt from the physical, visual and audible separation requirements as long as they remain validly licensed.
4. D.
   Conduct of premises. All licensees licensed under the provisions of this Chapter shall at all times be responsible for the conduct of business on their licensed premises and for any act or conduct of his or her employees which constitutes a violation of the provisions of this Chapter. Any violation of the city, state, or federal laws committed on the licensed premises by any such licensee or employee affecting the eligibility or suitability of such person to hold a license or may be grounds for suspension or revocation of same.
5. E.
   Every portion of a licensed establishment, including appliances, and personnel shall be kept clean and operated in a sanitary condition.
6. F.
   All employees shall be clean and wear clean outer garments. On all premises except in-office massage, provisions for a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
7. G.
   All licensed employees and massage therapists must be modestly attired. Diaphanous or transparent clothing is prohibited. Clothing must cover the licensee's employees' or massage therapists' chests at all times.
8. H.
   The private parts of patrons must be covered by towels, cloths, or undergarments when in the presence of an employee or massage therapist. Any contact with a patron's genital area is strictly prohibited.
9. I.
   All licensed establishments, when applicable, shall be provided with clean, laundered sheets and towels in sufficient quantity and such items shall be laundered after each use thereof and stored in a sanitary manner.
10. J.
    Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.
11. K.
    Table showers are strictly prohibited.

(History: Ord. MP-2890 §1, 2010; MP-2790 §11, 2008)

Effective on: 1/1/1901

5.50.410 Supervision.

A licensee shall have the premises supervised at all times when open for business. The licensee or a person employed as a Massage Therapist shall personally supervise the business, and shall not violate or permit others to violate, any applicable provision of this Chapter. The violation of any such provision by any agent or employee of the licensee shall constitute a violation by the licensee.

(History: Ord. MP-2790 §12, 2008)

Effective on: 1/1/1901

5.50.420 Persons Under Age 18 Prohibited Services.

No licensee shall perform or permit any massage therapy to be provided to a person under the age of 18, provided a person under the age of 18 may utilize or receive massage therapy from a licensed massage therapist if accompanied by a parent or legal guardian and a parent or legal guardian has authorized such therapy in writing.

(History: Ord. MP-2790 §13, 2008)

Effective on: 1/1/1901

5.50.430 Employee and Patron Registers.

1. A.
   All operators licensed under the provisions of this Chapter shall keep and maintain on their premises a current register of all their employees showing such employee's name, address and license number. Such register shall be open to inspection at all reasonable times by any health inspector or members of the City police department.
2. B.
   Every person who engages in or conducts a licensed establishment shall keep a daily register of all patrons, with first and last names, addresses, hours of arrival and departure, the rooms or cubicles assigned, and the first and last name of the employee who performed the massage. Said daily register shall at all times during business hours be subject to inspection by City health officials and by the police department and shall be kept on file for one year.

(History: Ord. MP-2790 §14, 2008)

Effective on: 1/1/1901

5.50.440 Advertising.

No person, firm, partnership, association or corporation, including but not limited to an establishment granted a license under provisions of this Chapter shall place, publish, or distribute or cause to be placed, published, or distributed any advertising that reasonably suggests to prospective patrons that any service is available other than those services as described in Section 5.50.300E, or that employees or massage therapists are dressed in any manner other than described in Section 5.50.400, nor shall any establishment indicate in the text of such advertising that any service is available other than those services described in Section 5.50.300E.

(History: Ord. MP-2790 §15, 2008)

Effective on: 1/1/1901

5.50.450 Applicability to Existing Businesses.

The operators of any existing massage establishment or in-office massage business are required to comply with all provisions of this Chapter, subject to the educational and experience requirements set forth in Section 5.50.500.

(History: Ord. MP-2790 §16, 2008)

Effective on: 1/1/1901

5.50.460 Exceptions.

The provisions of this Chapter shall not apply to hospitals, nursing homes, sanitariums, or persons holding an unrevoked certificate to practice the healing arts, persons licensed to practice as a registered professional nurse under the laws of this state, persons licensed to practice as a physical therapist under the laws of this state, persons working under the direction and supervision of any licensed healing arts practitioner or in any such establishment, or barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by this state.

(History: Ord. MP-2790 §17, 2008)

Effective on: 1/1/1901

5.50.470 Further Regulations.

The Deputy City Manager, City Clerk or the Chief of Police may, after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this Chapter.

(History: Ord. MP-2790 §18, 2008)

Effective on: 1/1/1901

5.50.480 Restriction of Business to Premises.

1. A.
   All massage therapy (not to include in-office massage) provided for under this Chapter shall be conducted on the premises of a licensed massage establishment.
2. B.
   Subject to subsection C, all licensed massage establishments shall be operated from a commercial business premise. Sole practitioners (therapists who work alone), are required to have both a massage therapist license and massage establishment license and to work from a commercial business premise.
3. C.
   Licensed massage therapists may perform their services on behalf of clients in clients’ homes or residences or other designated places, or in the therapist's home or residence provided that the therapist's home is licensed as a massage establishment and provided that any place where massage therapy is performed is subject to the inspection as set out in Sections 5.50.360 and 5.50.390, operated in accordance with the regulations set out in Section 5.50.400, and if conducted in a therapist's home or residence, subject to the home occupation requirements in Title 18.

(History: Ord. MP-2790 §19, 2008)

Effective on: 1/1/1901

5.50.490 Revocation or Suspension of Massage Establishment License.

1. A.
   Any license issued for a massage establishment or an in-office massage business may be revoked or suspended by the Municipal Judge, sitting as an administrative hearing officer, after notice and a hearing where the Municipal Judge finds that any of the provisions of this Chapter are or were violated, or the provisions for issuance of any license are or were violated, or where the licensee or any employee of the licensee, including a massage therapist, has been convicted of or diverted on any offense found in Sections 5.50.370 and 5.50.520 herein and the licensee has actual or constructive knowledge of the violation or conviction, or in any case where the licensee refused to permit any duly authorized police officer or employee of the City to inspect the premises or the operations of the licensee. Convictions or diversions for any offense found in Sections 5.50.370 and 5.50.520 shall result in revocation unless the Municipal Judge determines by clear and convincing evidence that such licensee or employee of the licensee will not pose a threat to the public in such person's capacity as a licensee or employee thereof and that such person has been sufficiently rehabilitated to warrant the public trust.
2. B.
   Before revoking or suspending any license, the Municipal Judge shall give the licensee at least ten days' written notice of the specific charges against the licensee and the opportunity for a public hearing before the Municipal Judge, at which time the licensee may present evidence bearing upon the question. A licensee aggrieved by the decision of the Municipal Judge may seek judicial review as set forth in Section 5.50.350E.

(History: Ord. MP-2950 §1, 2012; MP-2790 §20, 2008)

Effective on: 1/1/1901

5.50.500 Massage Therapist License Required, Examination Requirements, Restrictions.

No person shall perform massage therapy or in-office massage within the City, unless he or she has a valid massage therapist license issued by the City pursuant to the provisions of this Chapter, provided massage therapy may be performed by a student massage therapist subject to the provisions of Section 5.50.550.

1. A.
   To be eligible for issuance of a Massage Therapist license, an applicant must: 1. Submit an application on a form provided by the City Clerk, and; 2. Submit acceptable proof that the applicant has successfully passed the 1992 or later National Certification Examination for Therapeutic Massage and Bodywork (NCBTMB), or the 2007 or later Massage & Bodywork Licensing Examination (MBLEx). The applicant must also have successfully completed a course of instruction, consisting of not less than 500 hours, in the theory, method or practice of massage. The required curriculum must include the subjects of anatomy, physiology, kinesiology, pathology, first aid and hygiene and practical instruction in massage technique. Proof of completion of educational and training requirements must be by certified transcripts. The educational and training requirements required by this Chapter may be received from more than one school. Training hours from a school that has had its NCBTMB Assigned School Code denied, suspended or revoked will not be accepted. The applicant must also have successfully completed an in-person certification program in American Red Cross first aid and American Heart Association CPR, or equivalent programs, and provide current certification, and; 3. Pay the applicable license fee(s).
2. B.
   All licensed massage therapists applying for a renewal license must show proof that they have received a minimum of twelve hours (fifty minutes per hour) of professional massage continuing education during the preceding twelve-month licensing period. One hour continuing education credit will be awarded for each hour attendance at programs relating to the theory or clinical application of theory pertaining to the practice of massage to include, but not limited to, clinical business practices, hygiene, record-keeping, medical terminology, professional ethics, business management, human behavior, client interaction and state and local laws that are sponsored by a university, junior college or otherwise found to be acceptable by the Police Department. The certificate for any on-line continuing education courses must clearly depict the time required to acquire such certificate. All licensed massage therapists applying for renewal license must show proof of current in-person certification in American Red Cross first aid and American Heart Association CPR, or equivalent programs in addition to the twelve hours of continuing education. Continuing education hours are required for all applicants seeking a license renewal. This includes applicants whose license has lapsed or expired. Applicants seeking a new massage therapy license shall also be required to provide twelve (12) continuing education hours from the past year when the applicant's NCBTM or MBLEx certification is more than one year old.
3. C.
   Individuals licensed with the City as massage therapists as of the effective date of this ordinance may renew that license notwithstanding failure to satisfy the minimum education and testing provisions in Section 5.50.500A, and continue to renew such license so long as there are no lapses in active licensure status. If active licensure status lapses, the person will be required to apply for a new massage therapist license and meet the qualifications in Section 5.50.500A, and continuing education hours meeting the requirements set forth in Section 5.50.500B.

(History: Ord. MP-3230 §1, 2018; Ord. MP-3033 §1, 2014; MP-2890 §2, 2010; MP-2790 §21, 2008)

Effective on: 1/1/1901

5.50.510 Application for Massage Therapist License; Fees.

1. A.
   Any person who desires to perform or provide massage or in-office massage or to perform any massage services in a massage establishment, as defined herein, shall file a written application with the City Clerk and pay an annual filing fee to the City Clerk of $75 for a new application, or $50 for a renewal application, neither of which shall be refundable. No privilege to provide massage therapy shall exist until an application for renewal has been approved. After a license has expired, a "new" application under the current education and testing standards is required. A massage therapist license shall be valid for a period of 12 months from the date of issuance. This application fee shall cover the cost of processing the application to include the current KBI fingerprint fee. Only one massage therapy license shall be required for a massage therapist regardless of the activity or activities the therapist engages in that are permitted by this Chapter. Identification cards as provided in Section 5.50.530 are required for each massage establishment in which the therapist works. The fee for each identification card subsequent to the initial one is $15.
2. B.
   The application for a massage therapist license shall contain the following:

   1. 1.
      Name, address, and telephone number.
   2. 2.
      Two passport photographs at least two inches by two inches.
   3. 3.
      Applicant's weight, height, color of hair and eyes, and fingerprints, provided once an applicant has submitted fingerprints, they shall not be required to submit new fingerprints for any renewal application for that person.
   4. 4.
      Written evidence that the applicant is at least 18 years old.
   5. 5.
      Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.
   6. 6.
      Whether such person has ever been convicted of any crime except minor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which the conviction was obtained and the sentence imposed as a result of such conviction.
   7. 7.
      The position or function the applicant is being hired to perform within such establishment. (If applicable).
   8. 8.
      Authorization for the City, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license.
   9. 9.
      Proof of the education requirements set forth at Section 5.50.500 herein.
   10. 10.
       Verification of employment by signature of the manager of the licensed massage establishment.

(History: Ord. MP-2790 §22, 2008)

Effective on: 1/1/1901

5.50.520 Application Processing and Issuance of Massage Therapist License.

The City Clerk shall issue a massage therapist license within 21 days following application, unless he/she finds that:

1. A.
   The applicant for the massage therapist license has been convicted of, or diverted on:

   1. 1.
      a felony within the 20 years immediately preceding the date of the application;
   2. 2.
      an offense involving sexual misconduct with children;
   3. 3.
      obscenity;
   4. 4.
      promoting prostitution as defined by K.S.A. 21-3513;
   5. 5.
      solicitation of a lewd or unlawful act;
   6. 6.
      prostitution;
   7. 7.
      pandering or other sexually related offense; or
   8. 8.
      any violation of this Chapter in the last year, or any revocation of their therapist license within the last year.
2. B.
   The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the City in conjunction therewith.
3. C.
   That the correct license fee has not been tendered to the City, and in the case of a check or bank draft, honored with payment upon presentation.
4. D.
   That the applicant has not successfully completed the examination or education standards required under the provisions of this Chapter.
5. E.
   That the applicant is not legally present in the United States.
6. F.
   Any applicant aggrieved by denial of a license may seek judicial review in accordance with Section 5.50.350E.

(History: Ord. MP-2890 §3, 2010; MP-2790 §23, 2008)

Effective on: 1/1/1901

5.50.530 Identification Cards.

1. A.
   Upon issuance of a massage therapist license, the City Clerk shall issue the massage therapist an identification card bearing the massage therapist's license number, physical description, and a photograph. Such identification cards shall be laminated to prevent alteration.
2. B.
   All massage therapists issued a license pursuant to the provisions of this Chapter shall have their City-issued identification card in their possession at all times when working in an establishment, and shall produce such identification for inspection upon request of any person who by law may inspect same.
3. C.
   Licensees shall, when conducting in-office massage, conspicuously display their City-issued identification card on their clothing.

(History: Ord. MP-2790 §24, 2008)

Effective on: 1/1/1901

5.50.540 Revocation or Suspension of Massage Therapist License.

1. A.
   The Municipal Judge, sitting as an administrative hearing officer, may, after notice and a hearing, revoke or suspend a massage therapist license where it appears that the therapist has been convicted of or diverted on any offense enumerated in Section 5.50.520A or for violation of any of the provisions of this ordinance to include the application standards. Convictions or diversions for any offense found in Section 5.50.520 shall result in revocation unless the Municipal Judge determines by clear and convincing evidence that such licensee will not pose a threat to the public in such person's capacity as a licensee and that such person has been sufficiently rehabilitated to warrant the public trust.
2. B.
   Before revoking or suspending any massage therapist license, the Municipal Judge shall give the massage therapist at least ten days' written notice of the hearing and specify the alleged violation of this code warranting suspension or revocation.
3. C.
   Any massage therapist aggrieved by a revocation or suspension of their license may seek judicial review as set forth in Section 5.50.350E.

(History: Ord. MP-2950 §2, 2012; MP-2790 §25, 2008)

Effective on: 1/1/1901

5.50.550 Student Massage Therapy.

An individual actively enrolled in and currently attending classes in a course of instruction, consisting of not less than 300 hours, in the theory, method or practice of massage, may conduct massage therapy as a practicum component of the training program under the supervision of the massage school instructor, provided the following conditions are met:

1. A.
   All advertisements for massage therapy that will be performed by a student will clearly inform the customer that the massage therapy will be performed by a student under the supervision of the massage school instructor.
2. B.
   Prior to conducting any massage therapy, the student massage therapist will require the customer sign and acknowledge he/she has been informed the massage therapy will be conducted by a student under the supervision of the massage school instructor. These acknowledgment documents will be maintained by the school for a period of one year and will be produced at the request of any law enforcement officer or City official.

(History: Ord. MP-2790 §26, 2008)

Effective on: 1/1/1901

5.50.560 Transfer of Licenses; Other Licenses and Fees.

1. A.
   No massage establishment or in-office massage business, or massage therapist licenses are transferable and such authority as a license confers shall be conferred only on the licensee named therein.
2. B.
   Any applications made, fees paid, and licenses obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits, or licenses required to be paid or obtained under any other ordinances of this City.

(History: Ord. MP-2790 §27, 2008)

Effective on: 1/1/1901

5.50.570 Penalty.

Any person, firm, partnership, association or corporation convicted of violating any of the provisions of this Chapter shall be deemed guilty of a public offense and subject to the general penalty provisions of Section 1.12.010.

(History: Ord. MP-2790 §28, 2008)

Effective on: 1/1/1901

5.50.580 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Chapter or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof.

(History: Ord. MP-2790 §29, 2008)

Effective on: 1/1/1901

5.51.010 Findings.

The City of Overland Park, Kansas, hereby finds and declares as a matter of public policy, that the extraction of the oil and gas resources from lands within the City's corporate boundaries as a temporary activity is required in the interest of the energy and resource needs of the City, state, region, and nation, but that uncontrolled drilling and production would be detrimental to the public health, safety, comfort, convenience, prosperity, and general welfare.

(History: Ord. OG-1165 §1, 82)

Effective on: 1/1/1901

5.51.020 Purpose.

The purposes of this ordinance are to establish uniform and reasonable limitations, safeguards, and controls as necessary:

1. A.
   To assist the local, state, regional, and national demand for oil and gas resources.
2. B.
   To aid those owners of land in the economic utilization of the land until growth and development progresses into the area.
3. C.
   To protect existing residential and commercial from incompatible activities.
4. D.
   To provide for the orderly growth and development of lands consistent with the Master Plan.
5. E.
   To minimize any risks to the public health, safety, comfort, convenience, and prosperity, and general welfare.
6. F.
   To avoid undue liability for the City, its residents, and businesses.
7. G.
   To maintain the City's character and economic vitality.
8. H.
   To insure that oil and gas development do not hinder the growth and growth potential of the City.

(History: Ord. OG-1165 §2, 82)

Effective on: 1/1/1901

5.51.030 Definitions.

The following terms as used in this chapter shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth. These definitions supplement those contained in Section 1.04.010.

To the extent that these definitions may conflict with those contained in 1.04.010, these definitions shall control:

5.51.040 Permits Required.

Except as otherwise provided herein, no person shall initiate, commence, carry out or cause to be carried out any drilling or abandonment of a well and appurtenances until and unless a Special Use Permit has been secured under O.P.M.C. 18.370 and a permit has been issued by the Code Official pursuant to this chapter and other applicable laws of the City.

(History: Ord. ROCR-2245 §4, 2001; OG-1165 §4, 82)

Effective on: 1/1/1901

5.51.050 Permit Procedure.

1. A.
   Applications.

   1. 1.
      Exploratory Drilling. The applicant shall file an application for a permit to explore for oil and/or gas on forms furnished by the Code Administrator. The application shall include and be accompanied by the following:

      1. a.
         The names, addresses, and phone numbers of the applicant, the operator and owner.
      2. b.
         A location map, at a scale of not less than one inch = 2000 feet and/or a location detail map at a scale determined by the Code Administrator, showing the lease and its relationship to existing subdivisions, community facilities, public ground, commercial areas, and the 100-year floodplain.
      3. c.
         A boundary survey, for the lease, of the third order accuracy (maximum closure error of one foot in 5000 feet) with bearings and distance referenced to section or fractional section corners or other baseline along with all other information necessary to be readily reproducible on the ground and a site plan of the drilling area or some lesser area identified by the applicant showing all structures within 300 feet of the drilling area or the lesser area including:

         1. 1.
            The location, use, and width of all easements for the lease;
         2. 2.
            The location of lots, streets, and alleys;
         3. 3.
            The general location and character of surface storm drainage;
         4. 4.
            The location of any waterway;
         5. 5.
            The exact location and elevations of the 100 year flood elevation for the lease;
         6. 6.
            The existing and proposed contours at intervals of not more than five feet;
         7. 7.
            The location of woody vegetation and such other topographic features as may be pertinent to the lease;
         8. 8.
            A north arrow, scale, date, revision, and amendment dates and certification by a registered land surveyor or civil engineer acknowledging that the survey was made by him.
      4. d.
         Photographs of the lease and surrounding area, sufficient in type and number to evaluate any land disturbances and need for restoration activities and to assist in any evaluation of any permit.
      5. e.
         Statements of Assurance for compliance with all Federal, State, and local laws.
      6. f.
         Proof of compliance with KSA Chapter 55-128.
      7. g.
         Fire Prevention and Protection Plan in conformity with 5.51.060F.
      8. h.
         A Spill Prevention Control and Countermeasures Plan in conformity with 5.51.060G.
      9. i.
         A list of the additional requirements imposed by the special use permit.
      10. j.
          A statement of safety for operations and equipment.
      11. k.
          Such other information which the Code Administrator deems essential to a determination regarding the issuance of a permit and which information request is consistent with the intent purpose of this Chapter or 18.370.
      12. l.
          A Certificate of Insurance in conformity with 5.51.100.
      13. m.
          Cash or corporate surety bond(s) in conformity with 5.51.110.
      14. n.
          The intended exploratory well location(s) in conformity with 5.51.060A.
      15. o.
          The permit fee in conformity with 5.51.180.
   2. 2.
      Production Drilling. The applicant shall file an application for a permit to produce oil or gas from a well(s), or to engage in any drilling activities intended to facilitate production, or to drill a disposal well, or to convert an existing well to a disposal well or to convert an existing well to a water well on forms furnished by the Code Administrator. The application shall include and be accompanied by the following:

      1. a.
         A new or amended site plan which identifies the precise location and dimensions for the producing or injection wells, and all appurtenances, including but not limited to the tank battery, pipes, fences, and dikes.
      2. b.
         A grading plan showing existing and proposed contours.
      3. c.
         Statements of Assurance for compliance with all Federal, State, and local laws.
      4. d.
         A new or amended Fire Prevention and Protection Plan.
      5. e.
         A new or amended Spill Prevention Control and Countermeasures Plan.
      6. f.
         A statement of safety for operations and equipment.
      7. g.
         A Certificate of Insurance in conformity with 5.51.100.
      8. h.
         Cash or corporate surety bond(s) in conformity with 5.51.100.
      9. i.
         Such other information as is deemed, by the Code Administrator, essential to a determination about the issuance of a permit and which information request is consistent with the intent and purpose of this Chapter or 18.370.
   3. 3.
      The permit fee in conformity with 5.51.180.
2. B.
   Application Review Process. The Code Administrator shall transmit for review and comment, copies of the proposed drilling or production wells and appurtenances, accompanied by the pertinent information to the Transportation Department, the Fire Department, or other appropriate agencies.
3. C.
   Approval/Denial. Upon acceptance of the application and receipt of the process filings, the Code Administrator shall review the application for sufficiency and compliance with the requirements of this Chapter. If any deficiencies are found or additional information required, the Code Administrator shall notify the applicant in writing; otherwise, the application shall be approved or denied.
4. D.
   Effect and Limitations. Approval of the exploration permit authorizes the applicant to proceed with all associated and necessary activities to achieve discovery of oil and/or gas in compliance with the permit and any conditions attached thereto, but such approval does not constitute authorization to proceed with activities associated with production.

Approval of a production permit authorizes the applicant to proceed with all associated and necessary activities to commence production, or to enhance production by injection, or to drill and dispose of brines and mineralized waters, in compliance with the permit and any conditions attached thereto.

Approval of any permit is limited to the well(s) on which the required information is provided and approved.

Approval of any permit shall not be construed nor is intended to imply that associated activities or industries, such as refineries, dehydrating or absorption plants, are permissible.

Approval of any permit shall not be construed nor is intended to imply that a storage facility for any equipment other than that equipment which is reasonably related and incidental to the drilling and production for that lease is permissible.

Denial of any permit shall prohibit any drilling or production related activities from being initiated or carried out.

(History: Ord. OG-2448 §1, 2003; ROCR-2245 §5, 2001; OG-1165 §5, 82)

Effective on: 1/1/1901

5.51.060 Requirements.

The following requirements are the minimum acceptable standards, adopted by the City to which an applicant shall adhere in submitting or amending an application for an exploratory or production drilling permit or in evaluating and revising an existing permit:

1. A.
   Well Location(s)- Precise identification of exploration wells prior to their being drilled will not usually be necessary to fulfill the intent and purpose of 18.370 Special Uses, provided, however, that an application for exploration shall provide the Code Administrator with sufficient locational information for determining the well's compliance with this Chapter and the special use permit.
2. B.
   Site Plan- An amended site plan shall be provided by the applicant and shall contain a certified survey, for the well location, by a registered land surveyor or civil engineer within 30 days of each well's completion.
3. C.
   Completion Report- Within 10 days after completion of the well, a report indicating the status of the well as being oil, gas, dry, injection, or disposal shall be filed with the Code Administrator on a form furnished by the Code Administrator.
4. D.
   Inspections Required. The Code Administrator shall, in addition to responding to complaints about wells, perform the following inspection to determine conformance with the approved plans and conditions and requirements of this Chapter and the special use permit, and to determine whether additional requirements are necessary to protect the public health or safety:

   1. 1.
      An inspection during the exploratory drilling operations;
   2. 2.
      An inspection after the well is completed and the production equipment, including wellhead, pipes, tanks, dikes, are being or have been installed but before production has commenced;
   3. 3.
      An annual inspection; and
   4. 4.
      An inspection following abandonment of the well.
   5. 5.
      Other than the annual inspection, the applicant shall provide adequate notice to the Code Administrator of the three aforementioned stages to insure compliance and avoid unnecessary delay.
5. E.
   Authorization to Enter. The Code Administrator is authorized and directed to enter lands on which a special use permit for oil and/or gas has been granted for the purpose of carrying out inspections, routine or non-routine, and to perform any work or act required by this Chapter on the special use permit. Such entry shall be in compliance with 1.08.010, whether for inspection or performance of work, except in case of emergency, or if the consent of the permittee has otherwise been obtained.
6. F.
   Fire Prevention and Protection Plan. The guidelines in this section establish the process and the minimum standards in the preparation, review, and implementation of a Fire Prevention and Protection Plan and are, in addition to any existing and local law, policies and procedures, such plan guidelines pertain to health, safety, environmental protection, in addition to fire prevention, to minimize the potential hazards associated with the drilling for oil and gas and the storage of oil, and to control and eliminate any fire or risk of fire as promptly as possible. Any plan should therefore reflect a level of detail commensurate with the risk posed to persons, property, and the community welfare.

   1. 1.
      Plan Required. Any and all owners or operators that have received a special use permit to drill for oil and gas shall prepare a Fire Prevention and Protection Plan or amendment in accordance with this section as part of the application process for a drilling permit.
   2. 2.
      Plan Preparation. The applicant shall submit a plan to the Code Administrator for review and such plan should include safety procedures and equipment used by the applicant, the type of drilling and its relationship to nearby structures and activities, and a contingency plan should a fire occur.
   3. 3.
      Plan Review. The Code Administrator shall review and approve such plans and amendments for compliance with this Chapter and Title 16 of the Code.
   4. 4.
      Plan Amendment. Amendments shall be made to the plan as necessary to retain a comparable level of safety for any change, addition or intensification of drilling or production activities, whether in design location, construction, installation, operation, or maintenance.
   5. 5.
      Plan Implementation. The applicant shall implement any such approved plan and amendment for the design, location, construction, installation, operation, and maintenance of all equipment related to drilling or production.
   6. 6.
      Plan Evaluation and Revision. An applicant shall review and evaluate the plan at least once every five years and make such revisions as are necessary to include more effective prevention and control technology if:

      1. a.
         Such technology will significantly reduce the likelihood of a fire or fire hazard, and;
      2. b.
         If such technology has been field proven at the time of review.
   7. 7.
      Plan Standards. Except as provided herein the standards for design, location, construction, installation, maintenance and operation of all plumbing and electrical or other equipment shall be in accordance with 16.120, 16.130, 16.140, 16.150 and 16.160 of the Code. The Fire Prevention and Protection Plan shall include the following:

      1. a.
         Waste control and combustible materials:

         1. 1.
            No person shall allow or cause to be allowed the discharge of any liquid containing crude petroleum or its products into or upon any streets, public highway, drainage channel, or ditch, storm drain, or flood control channel.
         2. 2.
            No person shall allow or cause to be allowed any oil, waste oil, refuse, or waste material to be on the surface of the ground whether under, around, or near any well, pump, boiler, oil storage tank, or building.
         3. 3.
            All land within 25 feet of any oil well, flammable liquid tank, or other appurtenance to any such well, shall at all time remain free and clear of dry weeds, grass, rubbish or other combustible debris.
      2. b.
         Sources of Ignition. In locations where flammable vapors may be present, precautions shall be taken to prevent ignition by eliminating or controlling sources of ignition. Sources of ignition may include open flame, internal-combustion engines, lightning, smoking, cutting and welding, hot surfaces, frictional heat, spark (static electrical and mechanical) spontaneous ignition, chemical and physical-chemical reaction, and radiant heat. Such precautions shall include but are not limited to the following:

         1. 1.
            Smoking- No person shall smoke nor cause, permit, or allow another person to smoke within 50 feet of any well, tank, or area contaminated by oil or waste gas, except in those posted areas designated by the Code Administrator.
         2. 2.
            Soundproofing Material- If soundproofing material is required during drilling operation, such material shall be noncombustible, provided that fire retardant treated materials may be used and maintained as approved by the Code Administrator.
         3. 3.
            Drilling Equipment- All engines used during drilling operations shall use accepted methods to prevent the escape of flames, sparks, and ignited carbon.
         4. 4.
            Production Pumps- All pumps used for the production of oil shall be electrically powered, which power shall not be generated on the lease (unless otherwise impractical).
      3. c.
         Location. No well shall be drilled or appurtenances placed within 165' of a habitable structure or place of public gathering, nor shall any habitable structure or place of public gathering be placed within 165' of any well or appurtenances.
      4. d.
         Contingency Plan. All drilling permit applicants shall submit an emergency procedures plan. The plan shall be designed to minimize and be commensurate with the risk to persons, property, and the community welfare from a fire or fire hazard by having available or having procedures and access to person and equipment capable of controlling and eliminating the fire or fire hazard. Such procedures shall be posted at the drilling or production site.
7. G.
   Spill Prevention Control and Countermeasures Plan. The guidelines in this section establish the process and minimum standards for the preparation, reviewing, and implementation of a Spill Prevention Control and Countermeasures Plan and are in addition to any requirements of K.S.A. Chapter 55, or any regulations thereunder, 40 C.F.R. 112, or Title 16 of the Code. Such guidelines pertain to health, safety, environmental protection, and fire prevention to minimize the potential for oil discharge and to control and remove such oil discharges should they occur and any such plan should reflect a level of detail commensurate to the risk posed to persons, property, and community welfare.

   1. 1.
      Plan Required- Any and all owners or operators that have received a special use permit to drill for oil and/or gas shall prepare a Spill Prevention Control and Countermeasures Plan or amendment as part of the application process for a drilling permit.
   2. 2.
      Plan Preparation- The applicant shall have a registered professional engineer review and certify such plan and any amendments and attest that the Spill Prevention Control and Countermeasures Plan has been prepared in accordance with this Chapter and good engineering practices.
   3. 3.
      Plan Review- The Code Administrator shall review and approve such plans and amendment for compliance with this Chapter and Title 16 of the Code.
   4. 4.
      Plan Amendment- Amendments shall be made to the plan as necessary to retain a comparable level of safety for any change, addition, intensification of drilling or production activities whether in design, location, construction, installation, operation, or maintenance.
   5. 5.
      Plan Implementation- The owner or operator shall implement such approved plan and amendment for the design, location, construction, installation, operation, and maintenance of all equipment related to the drilling and production of oil.
   6. 6.
      Plan Evaluation and Revision- An owner or operator shall review and evaluate, at least once every five years, their plan and make such revisions as are necessary to include more effective prevention and control technology if:

      1. a.
         Such technology will significantly reduce the likelihood of a discharge, and;
      2. b.
         If such technology has been field proven at the time of review.
   7. 7.
      Plan Standards- Except as provided herein, the standards for design, location, construction, installation, maintenance and operation of all plumbing, electrical equipment, storage tank or other equipment shall be in accordance with 16.120, 16.130, 16.140, 16.150 and 16.160 of the Code and good engineering practices. The Spill Prevention Control and Countermeasures Plan shall include the following:

      1. a.
         Containment and/or Diversionary Structures. In order to prevent discharge oil from dispersing, whether from an oil rush, rupture, or other occurrence, the following may be used:

         1. 1.
            Dikes, berms, or retaining walls sufficiently impervious to contain spilled oil;
         2. 2.
            Curbing;
         3. 3.
            Culverting, gutters, or other drainage systems;
         4. 4.
            Weirs, booms, or other barriers;
         5. 5.
            Emergency spill diversion pond (not a sump);
         6. 6.
            Sorbent materials;
         7. 7.
            Such containment may be temporary in nature for the drilling, but shall be modified for production operations to provide the necessary protection.
      2. b.
         Drainage of Rainwater. Provision shall be made for draining water from any diked area. Drainage into a storm drain or an effluent discharge that empties into an open water course may be acceptable if:

         1. 1.
            The bypass valve is normally closed;
         2. 2.
            Inspection of the runoff rainwater ensures compliance with the applicable water quality standards;
         3. 3.
            The bypass valve is opened and resealed following drainage under responsible supervision. Otherwise, the accumulated rainwater and oil should be picked up and returned to storage or disposed of in accordance with Federal and State environmental water quality regulations.
      3. c.
         Transfer of Oil. Except as herein provided all pipes, valves, and fittings shall comply with Title 16 of the Code.
      4. d.
         Safety and Security

         1. 1.
            All oil well production equipment having external moving parts hazardous to life or limb shall be fenced with the gates being secured when the owner or operator's personnel are not present.
         2. 2.
            All storage facility tanks shall have hatches, sized or otherwise, secured so as to prevent entrance by a child into the tank.
         3. 3.
            Facility lighting should be commensurate with the type and location of the facility. Consideration should be given to:

            1. a.
               Adjoining habitable structures;
            2. b.
               Discovery of a spill occurring through darkness;
            3. c.
               Prevention of spills occurring through vandalism.
   8. 8.
      General Environmental Standards

      1. a.
         Noise- All related activities not on the tract, such as transporting of oil and maintenance, should occur in such a manner as to minimize noise and obtrusiveness to the surrounding community.
      2. b.
         Air- The permittee should employ all reasonable efforts to minimize odor beyond the drilling and storage site by monitoring the mud, sealing of pumps, tanks, or ventilation stacks.
      3. c.
         Water:

         1. 1.
            All brines and mineralized waters, liquids with oil content, sand or sorbent materials with oil, disposal or other waste products produced in connection with drilling, testing, cleaning, swabbing, reworking, or operating of an oil, gas, or disposal well shall be containerized in water tight vessels and disposed of according to K.S.A. Chapter 55, Articles 9 and 10, and K.S.A. 55-121, or any amendments thereto.
         2. 2.
            Earthen sumps or slush pits are prohibited.
         3. 3.
            In addition to the requirements of this Chapter, all drilling and production permits are subject to the requirements of 18.360 of the Code, regarding floodplains.

(History: Ord. OG-2448 §2, 2003; NOI-2287 §8, 2001; ROCR-2245 §6, 2001; OG-1165 §6, 82)

Effective on: 1/1/1901

5.51.070 Additional Requirements.

If at the time of application for a permit, or after drilling or production has commenced, the Code Administrator determines that additional requirements consistent with the intent and purpose of this Chapter, 18.370 Special Uses, and any condition attached to the special use permit are required to promote and protect the public health and safety, the Code Administrator may impose additional requirements as he deems appropriate, including but not limited to a blowout preventor, fire retardant enclosures, and fire suppression equipment.

(History: Ord. OG-2448 §3, 2003; OG-1165 §7, 82)

Effective on: 1/1/1901

5.51.080 Abandonment.

To insure that all land used for drilling and production is restored to a condition which will not inhibit or adversely affect the health, safety, and welfare of the community, the following requirements shall be applicable and, except as provided, are in addition to KSA 55-128 and 132: KAR 82-303 through 307, and any amendments thereto.

1. A.
   Removal- All drilling equipment incidental to well's production shall be removed from a lease within 30 days after cessation of drilling activity for which a permit was sought and approved under this chapter.
   All production related equipment shall be removed from a lease within 60 days after production of a well has ceased, unless such equipment is actively in use for production activities of the lease or is being installed with due diligence for use on the lease.
2. B.
   Plugging- Any well which is to be abandoned shall be plugged by cementing the well from bottom to a depth of six feet below grade after the oil well casing is removed or cut to six feet below grade.
3. C.
   Restoration- All land which is disturbed during drilling or production shall be returned as near as practicable to original grade and stabilized as soon as practical to prevent soil erosion and any reserve pit shall be drained and backfilled, prior to being stabilized.
4. D.
   Time- Any and all wells shall be in production or abandoned within 180 days from the time drilling commences.

(History: Ord. OG-1265 §8, 82)

Effective on: 1/1/1901

5.51.090 Existing Wells.

Any lawful nonconforming well within the City as of the date of passage of this ordinance or amendments thereto, or of any well hereafter annexed within the City limits, may continue under Title 18 of the Code as nonconforming use provided; however, such use shall to the extent practical, comply with this chapter, except when compliance would be impossible.

(History: Ord. OG-1265 §9, 82)

Effective on: 1/1/1901

5.51.100 Insurance Required.

1. A.
   At the time of application for a permit required by this chapter, the applicant shall file with the City Code Administrator a copy of the Certificate(s) of Insurance provided by the Code Administrator, approved by the City Attorney, and issued by a reputable insurance company currently authorized to do business in the State of Kansas and maintaining a Best policyholder rating of B+ or better and a Best's financial rating of Class VIII or better. The Certificate or Certificates shall evidence current insurance of the owner and operator conditioned for the payment of all claims stemming from injury to persons or damage to property arising out of an act or omission of the owner, operator, their agents, employees or independent contractors resulting from the drilling or production of the proposed well or any structure, machinery, equipment, pipeline, or appurtenances used therewith, in a minimum amount of Five Million Dollars ($5,000,000) of comprehensive general liability and One Million Dollars ($1,000,000) of automobile liability. The owner and operator must each provide proof of insurance in the minimum amount outlined above but may do so by providing either individual policies or by being named as an additional insured on the policy of the other.
   The policies and Certificate shall name the drilling company, owner, operator, including their agents and employees, and the City of Overland Park, Kansas, as an additional insured and shall provide that 30 days' advance written notice be filed with the Code Administrator prior to any change in or cancellation of the policies of insurance. The general liability insurance shall be written in comprehensive form and shall include coverage for premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, independent contractors, person injury, underground equipment and resources, blowout and cratering hazard, and contamination or pollution hazard when sudden and accidental. The automobile liability shall be written in comprehensive form and shall include coverage for owned, hired, and non-owned vehicles.
2. B.
   The permittee, upon receipt of notice of any claim in connection with any of his operations, shall promptly notify the Code Administrator with full details thereof including an estimate of the amount of loss or liability. The permittee shall promptly notify the Code Administrator of any impairment or reduction of primary or umbrella coverage in excess of $10,000 whether or not such impairment of liability came about as the result of operations within the City of Overland Park. In the event, after notice of loss, if the Code Administrator shall determine that the permittee's aggregate umbrella or primary coverage has been impaired of reduced to such an extent that the Code Administrator shall determine such limits inadequate for the balance of the permit term, the permittee shall upon the notice from the City promptly reinstate the original limits liability required hereunder and shall furnish evidence thereof to the Code Administrator in a form satisfactory to him.
3. C.
   Worker's Compensation and Employers' Liability insurance shall be provided to protect permittee against all claims under applicable state workers' compensation laws. The permittee shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of the workers' compensation law. The policy shall include the broad form all states endorsement. Liability limits shall not be less than the following:
   
   Workers' Compensation:
   Statutory Employers' Liability; $100,000 each accident.

(History: Ord. OG-1165 §10, 82)

Effective on: 1/1/1901

5.51.110 Bonds Required.

1. A.
   At the time of application for any permit required by this Chapter, the applicant shall furnish to the City cash or a corporate surety bond in the sum of $10,000 for each well, or cash or a corporate surety bond in the sum of $50,000 for all wells within the property for which a special use permit has been granted in accordance with 18.370. Any bond shall be executed by the applicant as principal and by a surety company as surety and conditioned that the principal shall faithfully comply with all applicable provisions of the Code and all regulations of the State of Kansas. Any surety company executing a bond hereunder shall be authorized to do business within the State of Kansas and shall be included in the current Federal Register's listing of acceptable sureties on federal bonds. The bond shall secure the City against all costs, charges, and expenses incurred by it by reason of the failure of the principal to fully comply with the applicable provisions of this Code or regulations of the State of Kansas. The bond shall include the correct name or number of the well(s) and such other information as may be necessary to readily identify the well(s).
2. B.
   Cancellation of Bond

   1. 1.
      The principal or surety may cancel the bond required pursuant to 5.51.110A effective on any anniversary date of said bond, by giving written notice of intent to cancel to the Code Administrator and to the other party (principal or surety) not less than 120 days prior to said anniversary date.
   2. 2.
      In the event that a cancellation notice pursuant to paragraph A above is given, the principal shall, not less than 60 days prior to the anniversary date of the bond, furnish a substitute surety bond or cash complying with the provisions of 5.51.110A to the City, or alternatively, the principal shall, not less than 60 days prior to the anniversary date of the bond, abandon the well and comply with all requirements of this Code and all regulations of the State of Kansas relating to abandonment.
   3. 3.
      Failure on the part of the principal to satisfy the requirements of paragraph B above shall constitute a default, and the Code Administrator shall give notice of default in the manner provided in 5.51.120.

(History: Ord. OG-2448 §4, 2003; OG-1165 §11, 82)

Effective on: 1/1/1901

5.51.120 Default.

Whenever the Code Administrator finds that a default has occurred in the performance of any requirement imposed by this Code, or of any condition imposed by a permit or special use permit, written notice shall be given to the applicant and, if a surety bond has been furnished pursuant to 5.51.110A, to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Code Administrator to be reasonably necessary for the completion of such work. After receipt of such notice, the applicant or surety shall either cause or require work to be performed within the time therein specified, or failing therein, shall pay over to the Code Administrator the estimated cost of doing the work as set forth in the notice. Upon receipt of such monies, the Code Administrator shall proceed in such manner as is deemed convenient to cause the required work to be performed and completed, but no liability shall be incurred.

(History: Ord. OG-1165 §12, 82)

Effective on: 1/1/1901

5.51.130 Transference.

Any permit may be transferred except when the transference is the result of the death of the permittee or when the transference is the result of a judgment rendered by a court of competent jurisdiction, subject to the following conditions:

1. A.
   Written notice shall be required at least 10 days prior to such transfer;
2. B.
   The transferee shall post the required cash or bonds and provide satisfactory evidence of insurance in conformance with this chapter, prior to such transference and such cash or bonds and insurance shall become effective before or at the time of transferences; and
3. C.
   The transferee shall submit new assurances in conformance with this chapter.

(History: Ord. OG-1165 §13, 82)

Effective on: 1/1/1901

5.51.140 Appeals.

Any and all appeals of administrative determinations, including interpretations and permit modifications for additional requirements, shall be taken by the affected person(s) to the Code Board of Appeals created pursuant to 16.100 and shall comply with the rules and procedures set forth for that Board. Provided, however, that the Code Board of Appeals shall have no authority to amend, modify, alter, or eliminate any condition imposed by the special use permit.

(History: Ord. ROCR-2245 §7, 2001; OG-1165 §14, 82)

Effective on: 1/1/1901