§ 3.30.080. Application—Contents.

(a)

Before any license is granted or issued for a teen club or entertainment establishment, an application shall be filed with the City Treasurer, setting forth the following facts:

(1)

The name, address, social security number, date of birth of the applicant and telephone number where the applicant can be reached between the hours of 8:00 a.m. and 5:00 p.m.;

(2)

Location of the teen club or entertainment establishment;

(3)

Date for which the license is desired;

(4)

Hours and days the teen club or entertainment establishment is to be open and closed;

(5)

A statement as to whether or not cereal malt beverages or alcoholic liquor will be sold to patrons at the location of the entertainment establishment;

(6)

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

(7)

Maximum occupant load of the building, facility or area;

(8)

A description of the nature of entertainment to be provided.

(b)

In addition the applicant must furnish:

(1)

The names and addresses of the owner of the premises which such establishment 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 twenty-five or more percent of the stock of such corporation. If the license is to be held by a corporation, the resident agent and registered office of said corporation;

(3)

The name, address, social security number, and date of birth of the applicant, owner, manager and other responsible person of the establishment. If a corporation, all the names, addresses, social security numbers and date of birth of the officers, managers or directors of such corporation and any individual who owns twenty-five or more percent of the stock of such corporation. If the license is to be held by a corporation, the resident agent and registered office of said corporation. If the applicant is a partnership, all the names, addresses, social security numbers, and date of birth of all partners of the partnership;

(4)

A plan to insure that adequate traffic control, crowd protection and security will be maintained and that ages of patrons admitted to the establishment will be maintained;

(5)

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

(6)

In addition to the requirements set forth above, all entertainment establishments located within the Old Town Entertainment District shall submit a written safety plan on a form developed and approved by the Chief of Police, which at a minimum, includes the following:

(a)

The number and location of personnel responsible for crowd management;

(b)

The occupancy load of the establishment, average patron attendance, and the type of entertainment events held at the establishment;

(c)

The establishment's written identification checking and patron search procedures;

(d)

The establishment's written procedures for insuring that only persons twenty one (21) years or older are served alcohol;

(e)

The establishment's written procedures for handling violent or criminal incidents and other emergencies and its notification procedures of the Wichita Police or Fire Departments regarding such incidents;

(f)

The establishment's written procedures for crowd control and preventing overcrowding;

(g)

A description of the training provided or completed by personnel including conflict de-escalation training;

(h)

The establishment's written plan for maintaining order on areas adjacent to the licensed premises;

(i)

Current contact information for the individual or position responsible for addressing safety, security and citizen or neighborhood complaints;

(7)

The name of the private security agency, if any, to be employed to provide security for the club or entertainment establishment;

(8)

Detailed plans and drawing of the teen club or entertainment establishment and adjoining areas indicating the dance floor, the waiting area for persons seeking admission, the parking areas, all restrooms, coat rooms, game rooms and all other spaces accessible by patrons and all interior and exterior doors and windows, and all sources of exterior lighting;

(9)

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; and

(10)

A statement that the applicant consents and agrees that any member of the Police Department or Fire Department as well as other code enforcement or health officers of the City 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, establishment manager, officer, manager or director of a corporate applicant, any person owning more than twenty five (25) percent or more of the stock of a corporate applicant, or any partner of a partnership applicant of the teen club or entertainment establishment has, within the preceding ten (10) years, been convicted of or placed on diversion for a:

a.

Felony; or

b.

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. 65-4101, et seq . and amendments thereto:

ii.

Laws pertaining to alcohol or cereal malt beverage;

iii.

Prostitution;

iv.

Public indecency;

v.

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

vi.

Any crime of violence or physical force;

vii.

Any weapons charge; or

viii.

Violations of this Chapter, or Sections 3.08.030 or Chapter 3.28 of the Code of the City.

(2)

An applicant is less than twenty-one (21) years of age.

(3)

The premises do not comply with the health, housing, fire and zoning codes of the City of Wichita.

(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 application does not propose adequate measures for the protection of the public health, safety and welfare in terms of traffic control, crowd protection and security, the monitoring of the ages of patrons or an emergency management plan.

(7)

If the license sought to be renewed is for an establishment located within the Old Town Entertainment District, a license shall not be renewed if three or more unreported criminal nuisance violations, as defined by this Chapter, occurred on the premises within the twelve-month period preceding the application or if the applicant is under indictment, charge or information for any felony for any crime enumerated in Subsection (c)(1) at the time of the application.

(d)

In order to prohibit an entertainment establishment from constituting a "Night Club in the City," as defined by the Wichita-Sedgwick County Unified Zoning Code, conditions relating to the type of entertainment allowed at such establishment may be placed upon a license by the Office of Central Inspection.

(e)

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.

(f)

For an establishment located within the Old Town Entertainment District, the Chief of Police may impose such conditions on the issuance of the license which are necessary to protect the public health, safety and welfare. Conditions shall be based upon specific and articulable facts reasonably related to insuring public health and safety, including but not limited to the protection of minors from alcohol and other criminal activity, prevention of public nuisances, enhancement of fire protection, traffic control, crowd control, security personnel, security lighting and emergency access. Such conditions are only subject to change at:

i.

The time of renewal of the license;

ii.

After a hearing before the City Council upon a request by the applicant to modify the conditions or;

iii.

As an additional condition imposed pursuant to Section 3.30.090(c). The applicant may appeal to the City Council the imposition of additional conditions pursuant to the requirements of Section 3.30.100.

(Ord. No. 48-352, § 10, 3-23-09; Ord. No. 48-548, § 6, 12-1-09; Ord. No. 50-409, § 4, 1-17-17)