Wichita |
Code of Ordinances |
Title 3. BUSINESS—REGULATIONS AND LICENSING |
Chapter 3.30. ENTERTAINMENT ESTABLISHMENTS |
§ 3.30.095. Immediate suspension due to immediate threat to public safety.
a.
The Chief of Police, or duty Chief, may require a licensee of an entertainment establishment located within the Old Town Entertainment District to cease operations and disperse all patrons whenever conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the public safety and well-being of the patrons and general public in the vicinity of the establishment. The establishment shall remain closed until the threat has passed.
b.
The Chief of Police, or Duty Chief, may temporarily suspend a licensee's entertainment of an entertainment establishment located within the Old Town Entertainment District, if it is determined that the licensee has failed to comply with the provisions of this Chapter or additional security requirements imposed by the Chief of Police, and the lack of security or violation of the terms of this Chapter poses a substantial risk of harm to patrons or others. This prohibition does not affect the establishment's sale, purchase, possession or consumption of alcoholic liquor or food service. The suspension of entertainment shall be effective immediately upon verbal notification by the Chief of Police or Duty Chief to the licensee, manager, agent or representative and shall be effective for up to twenty-four (24) hours as needed to restore order or to ensure compliance with required security requirements. After that time, the establishment may resume entertainment provided that the situation giving rise to the emergency temporary suspension of entertainment has been addressed effectively as determined by the Chief of Police. The Chief or Duty Chief shall promptly complete a report outlining the basis for his/her decision to suspend entertainment and recommendations to adequately remedy the deficiencies to the entertainment establishment's security or safety plans. A copy of the report shall be provided to the licensee, at the time the report is submitted to the Chief. The Chief or his designee shall, within five (5) business days, meet with the licensee regarding the report and make a finding to either continue the temporary suspension for a designated period, end the suspension, or recommend revocation of the license. Within three (3) business days of receiving the notice of temporary suspension, the licensee may appeal the Chief's decision to the City Council. The notice of appeal shall be filed with the City Clerk. The City Council shall conduct a hearing pursuant to Section 2.04.235 of the Code of the City of Wichita at the Council's next available meeting, which must not be more than ten business days from the filing of the notice of appeal.
c.
It is unlawful for any person to fail to comply with any directive issued by the Chief of Police or Duty Chief under the authority of this section.
(Ord. No. 50-409, § 6, 1-17-17)