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Legislation #: 180252 Introduction Date: 4/5/2018
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER LUCAS
Title: Amending Chapter 10, Alcoholic Beverages, by repealing Sections 10-212 and enacting in lieu thereof one new section of like number and subject matter that creates five entertainment districts (18th and Vine, Central Business, Country Club Plaza, Westport Shopping, and Zona Rosa) for exempting retail sales-by-drink licensed businesses from the required minimum distance from a church or school.

Legislation History
DateMinutesDescription
4/6/2018 Filed by the Clerk's office
4/5/2018 Move To Introduce
4/5/2018 Referred to Neighborhoods and Public Safety Committee
4/11/2018 Hold On Agenda (4/18/2018)
4/18/2018 Hold Off Agenda
1/30/2019 Release

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ORDINANCE NO. 180252

 

Amending Chapter 10, Alcoholic Beverages, by repealing Sections 10-212 and enacting in lieu thereof one new section of like number and subject matter that creates five entertainment districts (18th and Vine, Central Business, Country Club Plaza, Westport Shopping, and Zona Rosa) for exempting retail sales-by-drink licensed businesses from the required minimum distance from a church or school.

 

WHEREAS, this change will allow an applicant to apply for a retail sales-by-drink liquor license anywhere within these described entertainment district areas and not be denied a license based on the distance of the proposed business to the nearest church or school; and

 

WHEREAS, the managing authority of a church or school that is located within 250 feet of any proposed retail sales-by-drink licensed premises within any of the five described entertainment district areas would still have a voice in the liquor licensing process as they would be an eligible consenter; and

 

WHEREAS, an applicant that applies for a retail sales-by-drink license in these five entertainment district exempted areas would still be required to go through the consent process in which a majority of a minimum of 15 eligible consenters that surround a proposed business must approve of the business receiving a liquor license; and

 

WHERAS, the five new districts were modeled off the curfew entertainment districts in the curfew ordinance in Section 50-238; and

 

WHEREAS, an applicant proposing to operate a retail sales-by-package liquor license within 300 feet of a church or school in the five new districts would still be required to get the consent from the managing authority of the affected church or school in order to move forward in the licensing process; and

 

WHEREAS, any applicant that receives a retail sales-by-drink license in these five entertainment district exempted areas would be placed on a six month probationary period as required by ordinance to ensure that they operate the type of business for which they applied and follow all liquor laws to ensure they are a good operator; and

 

WHEREAS, these five entertainment district area exemptions keeps intact the system throughout the rest of the City; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 10-212, and enacting in lieu thereof one new section of like number, title, and subject matter, to read as follows:

 


 

Sec. 10-212. Distance from churches or schools.

 

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(a) No alcoholic beverage license shall be issued for any location when the premises are within 300 feet of a school or church, measured from the nearest point of the enclosing wall of the premises to the nearest point of a church or school as defined in this chapter. However, if a dwelling is the site of a proposed catered function, occasion or event, the requirements for the distance from any school or church is reduced to within 100 feet from the church or school. This provision shall not prohibit a church or school, meeting the requirements of this chapter, from holding a catered function, occasion or event on the property of the school or church.

 

(b) No alcoholic beverage license shall be issued for the expansion of any existing premises within 300 feet of a school or church, measured from the nearest point of the enclosing wall of the premises to the nearest point of the church or school as defined in this chapter.

 

(c) The property for a licensed premises situated thereon, legally established within 300 feet of a church or school prior to the adoption of this chapter, shall remain eligible for the location of a licensed premises within 300 feet of the church or school under the following conditions:

 

(1) The licensed premises must have been legally established within 300 feet of a church or school prior to the adoption of this chapter; and

 

(2) An application for a new license for the premises must be filed within 120 days from the latter date that:

 

a. The licensee surrenders the license, or

 

b. The date that the license is canceled, terminated or revoked by the city, or

 

c. The date that the licensee cancels, terminates or abandons the lease, and

 

(3) A relocation of the original premises to another location on the property shall not be permitted; and

 

(4) Changes from an existing retail sale-by-drink license to any other license classification, or from an existing sale-by-package license to any other license classification, or from any other classification of license issued under this chapter to another license classification shall not be permitted; and

 

(5) All other requirements for licensing a premises under this chapter are met.

 

(d) The provisions of section 10-212(a) shall not apply for the location of a proposed premises for a restaurant-bar sale-by-drink establishment if the proposed premises is located in an area of the city zoned C3a2 as of the effective date of the ordinance enacting this subsection.

 

(e) The provisions of subsection 10-212(a) shall not apply for the location of a proposed premises for a retail sales-by-drink establishment if the proposed premises is located wholly within following entertainment districts as defined below:

 

(1) 18th & Vine District Area means the area generally described as the

area between 17th Terrace (John Buck O'Neil Way) on the north, Woodland on the east, 19th Street on the south, and The Paseo on the west.

 

(2) Central Business District Area means the area generally described as

the area between the Missouri River on the north, Broadway on the west, Holmes on the east and Pershing Road on the south.

 

(3) Country Club Plaza Area means the area generally described as the area

between 46th Terrace on the north, J.C. Nichols Parkway on the east, Ward Parkway on the south and Jefferson on the west.

 

(4) Westport Shopping District Area means the area generally described as the area between 39th Street on the north, Main Street on the east, 43rd Street on the South and Southwest Trafficway on the West.

 

(5) Zona Rosa Shopping District Area means the area generally described as the area between Missouri Highway 152 on the north, Interstate 29 on the east, to Barry Road on the south, to Northwest Prairie View Road, to Northwest 86th Terrace and to North Congress Avenue on the west.

 

(f) The provisions of section 10-212(a) relating to the distance from churches but not schools shall not apply for the location of a proposed premises in a planned district defined in sections 80-272 through 80-281 of the Code of Ordinances, which includes a church as part of a development plan approved by the city.

 

(g) The provisions of section 10-212(a) relating to the distance from churches but not schools shall not apply for the location of a proposed premises in a general planned development district defined in chapter 80 of the Code of Ordinances:

 

(1) Which is zoned either GP-2 or GP-3 and is also zoned either GP-4 or GP-5 and which has been merged into a single zone on the basis of an appropriate integrated design plan; and

 

(2) Which includes a church as part of a development plan approved by the city council.

 

(h) The provisions of subsections 10-212(a) and (b) shall not apply to a liquor licensed premise that is currently or is proposed to be located between 100 feet and 300 feet from a church or school as measured from the nearest point of the enclosing wall of the proposed or current liquor licensed premise to the nearest point of the church or school as defined in this chapter provided that the managing authority from the church or school submits a written and notarized statement to the director stating they have no objection to a liquor-by-the-drink or liquor-by-the-package premise obtaining a liquor license, upgrading the current liquor license or expanding the current premise.

 

(i) No alcoholic beverage license shall be issued within 100 feet of a church or school, as measured from the nearest point of the enclosing wall of the proposed or current liquor licensed premise to the nearest point of the church or school as defined in this chapter unless the following conditions have been met:

 

(1) The applicant must provide, to the director, a written and notarized statement from the managing authority from the church or school stating they have no objection to a liquor-by-the-drink or liquor-by-the-package premise obtaining a liquor license, upgrading the current liquor license or expanding the current premise.

 

(2) The director must provide written notice to all property owners within 100 feet of the current or proposed licensed premises that an application for a liquor-by-the-drink or liquor-by-the-package premise has been submitted and the director shall not approve any application for an alcoholic beverage license until at least ten days' has passed from the date the notice was sent.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Holly Dodge

Assistant City Attorney