§ 3.30.090. Administrative procedures.

a.

A teen club or entertainment establishment license may be suspended, revoked, or denied if:

(1)

Any data furnished on the application is incomplete, false or is not updated as required by this Chapter;

(2)

Failure to comply with any condition of the teen club or entertainment establishment license;

(3)

The licensee or a manager has become ineligible to hold a license;

(4)

The owner, manager, partner, director or other person owning twenty-five percent or more of the stock of a corporate licensee or a partner of a partnership licensee is convicted of any violation, which would make them ineligible to obtain an entertainment establishment or teen club license;

(5)

The premises are in violation of the health, housing, fire, zoning or building codes of the City of Wichita, or the State of Kansas;

(6)

Evidence of a material variance in the actual plan and design of the premises from the plans submitted pursuant to this Chapter, or from the original design of the premises when initially licensed, with the concurrence of the Office of Central Inspection;

(7)

Any Police Officer, Fire Department Official, Office of Central Inspection, or Environmental Services Inspector is refused access to inspect the premises during normal business hours;

(8)

The premises are in violation of the maximum occupant load of such building;

(9)

The licensee or any employee, agent or responsible person is found to be in violation of the provisions of this Chapter or any other ordinance, rule or regulation by the City Council of the City of Wichita;

(10)

The licensee fails to comply with additional security requirements or other conditions imposed by the Chief of Police, pursuant to the provisions of this Chapter; or (11) Three or more criminal nuisance violations, as defined by this Chapter, have occurred on the licensed premises of entertainment establishments located within the Old Town Entertainment District within the previous twelve months of the application.

For the purposes of this section, "conviction" or "violation" shall include being placed on diversion or being adjudged guilty upon entering a plea of no contest.

b.

The Chief of Police shall provide written notice of the intent to revoke, suspend or deny an entertainment establishment or teen club license by personal service or by certified mail, return receipt requested. The notice shall be sent to the mailing address of the licensee on file with the City Treasurer. The notice shall provide the effective date of the revocation or suspension of the license. Such notice shall detail the reasons or basis for the revocation, denial, or suspension of the license. No revocation or suspension shall be imposed on less than five (5) business days' notice to the licensee, and shall specify the rights of the licensee to appeal any such denial, revocation or suspension.

c.

In lieu of suspension or revocation, the Chief of Police may impose additional conditions on the license to protect the public health, safety and welfare. The imposition of such additional conditions shall be based on violations occurring on the premises by the licensee, his/her employees, patrons, agents or responsible person of the provisions of this Chapter, the laws of the City of Wichita, or state or federal laws. 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, protection of patrons from criminal activity, including but not limited to homicide, aggravated assault, weapon offenses, drug offenses and disorderly conduct, prevention of public nuisances, enhancement of fire protection, traffic control, crowd control, security lighting and emergency access.

d.

The Chief of Police shall notify the licensee in writing of any additional conditions imposed on the licensee. Such notice shall specify the additional conditions, set forth facts which support the basis for the addition of such conditions and a time frame for completion of such additional conditions. Such conditions may include, but are not limited to the following:

(1)

Prohibiting the establishment from alcohol sales of any kind;

(2)

Restrictions upon the hours of operation of the establishment;

(3)

Restrictions upon the maximum occupancy within the establishment;

(4)

Requiring the owner, licensee or responsible person to identify individuals that are prohibited from entering onto the premises;

(5)

Completion of improvements upon the licensed premises that have an impact of mitigating crime such as fences, lights, security cameras or other devices;

(6)

Increased presence of security personnel;

(7)

Other conditions which may be appropriate to remedy violations of this Chapter by the licensee.

(Ord. No. 48-352, § 11, 3-23-09; Ord. No. 50-409, § 5, 1-17-17)