§ 3.22.035. Application.  


Latest version.
  • (a)

    Before any license is granted or issued for a haunted house, indoor or haunted walk/field, outdoor, an application shall be filed with the city treasurer, setting forth the following facts:

    (1)

    The name, address, date of birth of the applicant and a telephone number where the applicant can be reached between the hours of eight a.m. and five p.m. and during the hours of operation of the haunted house, indoor or haunted walk/field, outdoor;

    (2)

    Address of the haunted house, indoor or haunted walk/field, outdoor;

    (3)

    Property owner's name, address and phone number;

    (4)

    Dates for which the license is desired;

    (5)

    Hours and days the haunted house, indoor or haunted walk/field, outdoor is to be open and closed;

    (6)

    A statement that the applicant is familiar with the conditions imposed by the terms of this chapter;

    (7)

    Written consent of the property owner;

    (8)

    Site and/or floor plan of all proposed indoor or outdoor permanent or temporary buildings, structures, facilities or property;

    (9)

    Plan for parking and restroom facilities;

    (10)

    Maximum occupant load of the buildings, facilities or areas.

    (b)

    In addition, the applicant must furnish:

    (1)

    The name(s) and address(es) of the owner(s) of the premises where such haunted house, indoor or haunted walk/field, outdoor is located;

    (2)

    The manager or operator and, if a corporation or partnership, all the names and addresses of the officers of such corporation or partnership and any individual who owns 25 percent or more of the stock of such corporation. If the license is to be held by a corporation, the resident officer of the corporation. If the applicant is a partnership, all the names, addresses, social security numbers and dates of birth of all partners of the partnership;

    (3)

    The name, address and date of birth of the applicant, owner, manager or other responsible person of the haunted house, indoor or haunted walk/field, outdoor;

    (4)

    An emergency management plan, consisting of, but not limited to, fire and storm evacuation, patron crowd control and emergency access for police, fire and ambulance;

    (5)

    Detailed plans and drawings of the haunted house, indoor or haunted walk/field, outdoor shall be submitted to the Office of Central Inspection and the Wichita Fire Department, indicating the waiting area for persons seeking admission, the parking areas, all restrooms, emergency exits and all other areas accessible by patrons;

    (6)

    A statement as to whether the applicant has ever had any license denied, revoked or suspended by the City of Wichita or the State of Kansas or any other governmental entity, the reason therefor and the business activity or occupation of the individual subsequent to such suspension, revocation or denial;

    (7)

    A statement as to whether the applicant has ever been convicted of a felony or other crime as set forth in this section which would make the applicant ineligible to be licensed pursuant to the terms of this Chapter;

    (8)

    A statement that the applicant consents and agrees that any member of the police department, fire department, office of central inspection and department of public works and utilities may, at any time, enter and inspect any part of such premises.

    (c)

    A license shall be denied if one or more of the following conditions exist:

    (1)

    Any applicant, owner, officer, manager or director of a corporate applicant, any person owning 25 percent or more of the stock of a corporate applicant, or any partner of a partnership applicant if the partner has, within the preceding ten years, been convicted of or placed on diversion for a:

    a.

    Felony;

    b.

    A crime for which the individual is required to register as a sex offender pursuant to K.S.A. 22-4901, et seq. or laws or statutes in other local, state or federal jurisdictions which require an offender to be registered as a sex offender;

    c.

    For any conviction or diversion of a misdemeanor within the last three years involving:

    i.

    Laws pertaining to any controlled substance(s) prohibited by the Uniform Controlled Substance Act, K.S.A. 65-4104, et seq. or other laws of the state of Kansas or the United States and amendments thereto;

    ii.

    Prostitution;

    iii.

    Public Indecency;

    iv.

    A sex crime or other person crime as defined by Chapter 21 of the Kansas Statutes Annotated;

    v.

    Any weapons charge.

    (2)

    An applicant is less than 18 years of age;

    (3)

    The premises do not comply with The Health, Building, Fire, Electrical, Mechanical, Plumbing, Elevator and Zoning Codes of the City of Wichita, except as allowed by the provisions of Section 3.22.020(c) regarding the location of the temporary haunted house, indoor or haunted walk/field, outdoor;

    (4)

    The applicant has knowingly made a false, misleading or fraudulent statement of fact to the city in the application process;

    (5)

    The application is incomplete or if it contains any material misrepresentation;

    (6)

    The applicant, in the last two years has violated the provisions of this Chapter or has had a previous haunted house, indoor or haunted walk/field, outdoor license revoked for failure to comply with the term and conditions of the license or for violations of the ordinances of the City of Wichita.

    (d)

    The application is filed with, and the license fee is paid to the city treasurer. The license will not be issued until the application has been reviewed and approved by the chief of police, the office of central inspection and the fire chief.

    (e)

    No permanent haunted house, indoor license will be issued to any facility which is not property zoned for "Recreation and Entertainment, Indoor" pursuant to the Wichita-Sedgwick County Unified Zoning Code. All activities of a permanent haunted house, indoor must occur completely inside the structure or facility licensed as a permanent haunted house, indoor.

    (f)

    Applications for a license or renewal will not be accepted by the city treasurer less than 30 days prior to the opening of the haunted house, indoor or haunted walk/field, outdoor, or expiration of a current license.

(Ord. No. 49-042, § 4, 8-16-2011)