KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 080389 Introduction Date: 4/17/2008
Type: Ordinance Effective Date: 5/11/2008
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing section 10-214, Consents required for sales-by-drink, C.O.L. or sales-by-package licenses, and enacting in lieu thereof a new article of like number and subject matter which will require that a minimum of 15 eligible consenters must be considered in order to satisfy the consent requirement and for any premises that does not either intersect or include the boundaries of a minimum of 15 property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1500 feet until the premises is intersected by or within the boundaries of a minimum of 15 property parcels and will require any business that meets the additional requirements as outlined in sections 10-214(a)(4), 10-214(a)(5) and 10-214(a)(6) to provide consents from neighboring property owners; and, will allow a property owner to give their written authorization to abstain from the consent process to which they would not be included in the total number of eligible consenters; and, adds 10-214(d), form of consent, to the ordinance which specifies how consents will be submitted to the director.

Legislation History
DateMinutesDescription
4/15/2008 Filed by the Clerk's office
4/17/2008 Referred to Public Safety and Neighborhoods Committee
4/23/2008 Do Pass
4/24/2008 Assigned to Third Read Calendar
5/1/2008 Passed

View Attachments
FileTypeSizeDescription
080389.pdf Authenticated 214K Authenticated
10-214 - Minimum of 15 Consenters.xls Fact Sheet 464K 10-214 - Minimum of 15 consenters, Sales & Live Entertainment
080389com.doc Advertise Notice 41K compared version

Printer Friendly Version

ORDINANCE NO. 080389

 

Amending Chapter 10, Code of Ordinances, by repealing section 10-214, Consents required for sales-by-drink, C.O.L. or sales-by-package licenses, and enacting in lieu thereof a new article of like number and subject matter which will require that a minimum of 15 eligible consenters must be considered in order to satisfy the consent requirement and for any premises that does not either intersect or include the boundaries of a minimum of 15 property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1500 feet until the premises is intersected by or within the boundaries of a minimum of 15 property parcels and will require any business that meets the additional requirements as outlined in sections 10-214(a)(4), 10-214(a)(5) and 10-214(a)(6) to provide consents from neighboring property owners; and, will allow a property owner to give their written authorization to abstain from the consent process to which they would not be included in the total number of eligible consenters and adds 10-214(d), form of consent, to the ordinance which specifies how consents will be submitted to the director.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 10, Code of Ordinances for the City of Kansas City, Missouri, is hereby amended by repealing Section 10-214, Consents required for sales-by-drink, C.O.L. or sales-by-package licenses, is hereby amended by repealing section 10-214, Consents required for sales-by-drink, C.O.L. or sales-by-package licenses, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 10-214. Consents required.

 

(a)                Consent of neighboring property owners.  No sales-by-drink, C.O.L. or sales-by-package alcoholic beverage license shall be issued for any premises as further described in this section unless the applicant shall, within 45 days of the filing of the application, furnish to the director, consent forms signed and notarized from a majority of eligible consenters as defined in this chapter from a minimum of 15 property parcels as defined by Geographic Information Systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the public works department of the city, wholly within or intersected by a radius of 250 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. For any premises that does not either intersect or include the boundaries of a minimum of 15 property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1500 feet until the premises is intersected by or within the boundaries of a minimum of 15 property parcels. The center of the door for the main entrance to the premises shall be determined by the entrance most used by the public frequenting the establishment. The consent requirement provided in this section shall apply to:

 

(1)               Any new premises;

 

(2)               Any premises that was previously licensed;

 

(3)               The expansion of any licensed premises;

 

(4)               Any licensed premises, including but not limited to a restaurant, tavern, hotel, bowling alley, grocery store, convenience store, that changes the type of business that was originally approved by the director;

 

(5)               Any premises intending to provide live entertainment as outlined in section 10-332 of this chapter; and

 

(6)               Any change in ownership of a licensed premises that meets the requirements outlined in section 10-266 of this chapter

 

(b) An applicant required to submit consents to the director shall furnish with the application 2 coordinates, expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises. If within the initial 45 day period for furnishing consents, an applicant files with the director a written request demonstrating good cause for an extension of time to furnish consents, the director may grant 1 extension of time for furnishing consents under this section up to an additional 45 days. If an eligible consenter chooses to abstain from giving their consent, they will not be included in the total number of eligible consenters for which the applicant must obtain consents, however, the applicant must furnish a signed and notarized consent form from the property owner indicating that they have chosen to abstain from the consent process. For purposes of this section, a condominium as defined in this chapter shall be considered as a single property parcel entitled to a single consent, which consent shall be validated if signed by the unit owners of a majority of the condominium units. In lieu of a signed consent from an eligible property owner under this section, an applicant may furnish and the director shall accept a signed consent in proper form from a tenant of the property owner under the following conditions: 

 

(1)    That the tenancy is for a term not less than one year; and

 

(2)    That applicant shall furnish to the director sufficient proof that the applicant has sent a notification to the eligible consenting owner in a form approved by the director, by U.S. certified mail; and

 

(3)    That the notification shall include the date of application, name and address of the applicant, the name and address of the proposed establishment, the type of license applied for, the proposed hours of operation, the proposed type of entertainment, if any, a statement that if the owner does not file an objection with director within 30 days of the date of the certified mailing of the notification, then the director will accept the signed consent of the tenant, the name, address, telephone and facsimile numbers of the director's office and instructions to the property owner for filing an objection to accepting the signed consent of the tenant.

 

(c)   Notification of application.  The director shall mail written notification of the filing an application for a license under this section to all eligible consenters identified for the application and owners of property parcels located in Kansas City, Missouri as defined by Geographic Information Systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the public works department of the city, wholly within or intersected by a radius of 350 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. The director shall mail written notification of the filing of an application for a license under this section to all neighborhood associations registered with the city planning and development department whose boundaries are wholly within or intersected by a radius of 500 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. The director will mail consent forms to the applicant at the same time the director mails the written notification of application to the eligible consenters and the appropriate registered neighborhood associations. 

 

(d)   Form of consent.  Consents required under the provisions of this section shall be in writing on a form provided by the director and shall contain a statement that the person signing is a bona fide eligible consenter under the provisions of this section. Each signature on a consent shall be verified before a notary public.

 

(e)   Within 45 days of the filing of an application for a retail sales-by-drink, C.O.L. or sales-by-package license, if the owners of not less than 50 percent of the property parcels wholly within or intersected by a radius of 350 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises file with the director a petition requesting a hearing before the director on whether the issuance of the license or sales permit will be in the best interests of the locality involved, then the director shall notify the applicant and property owners of the date, time and place of a hearing to determine the issue based on the factors set forth in section 10-241 of this chapter. If within the initial 45-day period for furnishing consents, an applicant files with the director a written request demonstrating good cause for an extension of time to furnish consents, and the director has granted the applicant one extension of time for furnishing consents under this section up to an additional 45 days, then the director shall allow the same amount of additional time to file a petition under this subsection.

 

(f)   The radius of 250 feet provided in subsection (a) of this section shall be increased to 500 feet for sales-by-package alcoholic beverage licenses for malt liquor or nonintoxicating beer in the original package if the applicant invokes the exemption from the density provisions contained in section 10-211(2)c of this chapter.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney