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Legislation #: 050879 Introduction Date: 7/14/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER GLOVER
Title: 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 for payment.

Legislation History
DateMinutesDescription
7/14/2005 Filed by the Clerk's office
7/14/2005 Referred to Neighborhood Development and Housing Committee
7/25/2005 Referred to Operations Committee
7/27/2005 Referred to Neighborhood Development and Housing Committee
8/3/2005 Hold On Agenda (8/17/2005)
8/17/2005 Hold On Agenda (8/24/2005)
8/24/2005 Hold On Agenda (9/7/2005)
9/7/2005 Hold Off Agenda
7/19/2006 Release
7/20/2006 Released

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Chapter 10 fact sheet westsider district.xls Fact Sheet 464K Westside restaurant special district

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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 for payment.

 

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.

 

(a)                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.

 

(b)               Definitions.

 

(1)               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.

 

 

(2)               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.

 

(3)               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 beverages.

 

(c)                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.

 

(d)               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.

 

(e)                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.

 

(f)                 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.

 

(g)                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.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy K. Adams

Assistant City Attorney