ORDINANCE NO. 050879
Amending Chapter 10, Code of
Ordinances, by enacting a new section, Section 10-137, Westside restaurant
special district church and school waiver, and adjusting fees and requirements
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
chapter 10, Code of Ordinances is hereby amended by enacting a new section,
Section 10-137, Westside restaurant special district church and school waiver,
and adjusting fees and requirements for payment to read as follows:
Section 10-137. Westside
restaurant special district church and school waiver.
Purpose. This section permits the Director to issue an annual
liquor license for the sell and consumption of intoxicating liquor, malt liquor,
light wine and nonintoxicating beer by the drink for retail for a location
within three hundred feet of a church and school and a location within the
boundaries of the Westside Restaurant Special District.
Westside restaurant special district means the area fronting
Southwest Boulevard on the north and south, Washington street on the west, and
Twenty-fifth street on the east, located in the Citys Westside business
park, that contains a combination of entertainment venues, bars, nightclubs,
and restaurants. The Westside Business Park promises to be once again the
center of the Westside economy and provides a long-term anchor to the
revitalization of this community.
Church and school waiver means a four-year consent coupon
obtained from a school or church or other building regularly used as a place of
religious worship established within three hundred feet of any place of
business that possesses all the qualifications required for a license to sell
intoxicating liquor, except for the required distance from a church or school.
Eligible church and school authority consenter means a person or
persons with decision making authority for all churches and schools within 300
feet of the location of a premise proposed to be used for the sale of alcoholic
Not withstanding any other provision of this chapter to the contrary,
any person who possesses qualifications required by this chapter, or whom now
or hereafter meets the requirements of, complies with the provisions of this
chapter, and exists within the area bounded by the Westside restaurant special
district, may apply for a church and school waiver.
No license shall be granted for the sell of intoxicating liquor as
defined in this chapter, within three hundred feet of any school, church or
other building regularly used as a place of religious worship, unless the
applicant for the license shall first obtain the consent in writing from the
eligible church or school official authority consenter, within the Westside
restaurant special district and within three hundred feet of the location of
premises proposed to be used for the sale of alcoholic beverages and obtain the
consent in writing of the city council or other proper authorities of the city.
The church and school consent is good for four years. The eligible
church and school may renew the consent. If the consent is disapproved by the
eligible church and school consenter the license to sell intoxicating liquor,
as defined in this chapter, shall be disapproved by the director.
If the eligible church or school authority grants consent, written
notice of the consent shall be provided to all owners of property within three
hundred feet of the proposed licensed premises.
If a renewal application for this chapter is disapproved by the
director, or if an eligible church and school consenter disapproves the consent
for the renewal of a license or permit for the location of premises proposed to
be used for the sale of alcoholic beverages, then the applicant may file with
the board, a written request for a hearing before the board on the denial or
decision. The request has to be made by the applicant, within 10 days after
notice of the director's final decision. The applicant shall also serve a copy of
said request on the director.
as to form and legality:
Assistant City Attorney