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Legislation #: 080390 Introduction Date: 4/17/2008
Type: Ordinance Effective Date: 5/11/2008
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing Section 10-106, Extended hours licenses, and enacting in lieu thereof a new article of like number and subject matter which will require that a minimum of 30 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 30 property parcels within a radius of 500 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 30 property parcels; 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.

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
080390.pdf Authenticated 356K Authenticated
10-106 - Minimum of 30 Consenters.xls Fact Sheet 459K 10-106 - Minimum of 30 Consenters
080390com.doc Advertise Notice 50K compared version

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ORDINANCE NO. 080390

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-106, Extended hours licenses, and enacting in lieu thereof a new article of like number and subject matter which will require that a minimum of 30 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 30 property parcels within a radius of 500 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 30 property parcels; 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.

 

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 10-106, Extended hours licenses, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 10-106. Extended hours licenses.

 

(a)   Convention trade area 3:00 a.m. closing permit--Eligibility.   

 

(1)    A convention trade area 3:00 a.m. closing permit, authorized by RSMo 311.174, authorizes the licensee who holds a section 10-102, 10-103, 10-134 or 10-135 sales-by-drink license to remain open between 1:30 am. and 3:00 a.m., if:

 

a.    The applicants business is located within the convention trade area. Pursuant to RSMo 311.174, the city's convention trade area is hereby designated as all that territory within the corporate limits of the city; and

 

b.    The applicant's business is a convention hotel or motel or the applicant's business is not a convention hotel or motel but is located not more than one mile as measured from the outside walls of a hotel, defined as any structure, or building, under one management, which contains rooms furnished for the accommodation or lodging of guests, with or without meals being so provided, and kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient guests or permanent guests, and having more than 40 bedrooms furnished for the accommodation of such guests, and the applicant's annual gross sales at said business for the year immediately preceding the application for a 3:00 a.m. closing permit equals $100,000.00 or more; provided, however, that the director may waive the foregoing gross sales requirement for a business located in the Downtown Economic Entertainment District if requested by the applicant and the request is supported by documentation that the business should produce annual gross sales equal to $100,000.00 or more. If this waiver is granted, the applicant, after 90 days of operation, shall produce proof that the gross sales for said 90 days of operation, when projected on an annualized basis by multiplying the gross sales for the 90 days of operation times four, will be satisfied, and, if not, the 3:00 a.m. closing permit will be canceled by the director without refund. The cancellation shall be appealable to the board in the manner set forth in section 10-62(b) of this chapter.

 

(2)    Unless stated otherwise in section 10-215, 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 30 property parcels located in the city 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 500 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 30 property parcels within a radius of 500 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 30 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 applicant shall furnish to the director 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:

 

a.    That the tenancy is for a term not less than one year; and

 

b.    That the 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

 

c.    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 or permit 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, that 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.

 

(3)    The director shall provide written notification of the filing of an application for a license or permit under this section to all eligible consenters identified for the application and owners of property parcels located in the city, 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 500 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. The director shall provide written notification of the filing of an application for a license or permit under this section to all to 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.

 

(4)    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. 

 

(5)    Package sales.  No retail licensee holding a convention trade area 3:00 a.m. closing permit pursuant to this section, nor employee of the licensee, shall sell, give away, otherwise dispose of or allow the removal from the licensed premises any alcoholic beverages in the original package or suffer the same to be done on or about the licensed premises: 

 

a.    Between the hours of 1:30 a.m. and 6:00 a.m. Tuesday through Saturday;

 

b.    Between the hours of 12:00 midnight Sunday and 6:00 a.m. Monday.

 

(6)    Notwithstanding the limitations contained in subsection (a)(1)(b) herein, a sales by drink establishment licensed under this chapter located in that area bounded by and including the block face frontage of the north side of 17th Street Terrace, the east side of Woodland Avenue, the south side of 19th Street and the west side of Paseo Boulevard that has annual gross sales of $100,000.00 or more for the year immediately preceding the application for a 3:00 a.m. closing permit and meets all other requirements herein is eligible for such permit.

 

(b)   Nonprofit Organization 6:00 a.m. closing permit--Eligibility.   

 

(1)    A nonprofit organization 6:00 a.m. closing permit authorized by RSMo 311.174 authorizes a licensee who holds a section 10-102, 10-103, 10-134 or 10-135 sales-by-drink to remain open between 1:30 a.m. and 6:00 a.m., if:

 

a.    The applicant is a nonprofit organization exempt from federal income taxes under Section 501(C)(7) of the Internal Revenue Code of 1986 as amended; and

 

b.    The applicant is located in a building designated as a National Historic Landmark by the United States Department of Interior; and

 

c.    The applicants business is located within the convention trade area. Pursuant to RSMo 311.174, the city's convention trade area is hereby designated as all that territory within the corporate limits of the city.

 

(2)    Unless stated otherwise in section 10-215, 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 30 property parcels located in the city 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 500 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 30 property parcels within a radius of 500 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 30 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 applicant shall furnish to the director 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:

 

a.    That the tenancy is for a term not less than one year; and

 

b.    That the 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

 

c.    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 or permit 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, that 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.

 

(3)    The director shall provide written notification of the filing of an application for a license or permit under this section to all eligible consenters identified for the application and owners of property parcels located in the city, 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 500 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. The director shall provide written notification of the filing of an application for a license or permit under this section to all to 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; and

 

(4)    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. 

 

(5)    Package sales.  No retail licensee holding a nonprofit organization 6:00 a.m. closing permit pursuant to this section, nor employee of the licensee, shall sell, give away, otherwise dispose of or allow the removal from the licensed premises any alcoholic beverages in the original package or suffer the same to be done on or about the licensed premises: 

 

a.    Between the hours of 1:30 a.m. and 6:00 a.m. Tuesday through Saturday;

 

b.    Between the hours of 12:00 midnight Sunday and 6:00 a.m. Monday.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney