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Legislation #: 120633 Introduction Date: 7/12/2012
Type: Ordinance Effective Date: 8/5/2012
Sponsor: COUNCILMEMBER MARCASON
Title: Amending Chapter 10, Code of Ordinances, by repealing Sections 10-106, Extended hours permits, and 10-127, License and permit fees, and enacting in lieu thereof new sections of like number and subject matter which add a temporary 3:00 a.m. closing permit.

Legislation History
DateMinutesDescription
7/11/2012 Filed by the Clerk's office
7/12/2012 Referred to Public Safety & Emergency Services Committee
7/18/2012 Do Pass as a Committee Substitute
7/19/2012 Assigned Third Read Calendar as Substituted
7/26/2012 Passed as Substituted

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10-106 10-127 - Temporary 3 am permits - 3-22-2012.pdf Fact Sheet 130K 10-106 - Temporary 3 am permits

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 120633

 

Amending Chapter 10, Code of Ordinances, by repealing Sections 10-106, Extended hours permits, and 10-127, License and permit fees, and enacting in lieu thereof new sections of like number and subject matter which add a temporary 3:00 a.m. closing permit.

 

WHEREAS, the Missouri State Statute now allows for temporary 3:00 a.m. closing permits in Kansas City, Missouri; and

 

WHEREAS, some current licensees have expressed a desire to have a 3:00 a.m. closing permit for special events such as New Year’s Eve and the Super Bowl; 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 Sections 10-106, Extended hours permits, and 10-127, License and permit fees, and enacting in lieu thereof new sections of like number and subject matter to read as follows:

 

Sec. 10-106. - Extended hours permits.

 

(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 1.5 drivable miles 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 100 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 $125,000.00 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 $125,000.00 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. Any convention hotel or motel or business that has a current convention trade area 3:00 a.m. closing permit that does not meet the requirement of having annual gross sales equal to or greater than $125,000.00 at the time their 3:00 a.m. permit is up for renewal after this ordinance has passed will have one year thereafter to fulfill the $125,000.00 annual gross sales requirement.

 

c. A convention hotel or motel that has a current convention trade area 3:00 a.m. closing permit but has fewer than 100 transient guestrooms or a business that has a current convention trade area 3:00 a.m. closing permit which is located more than 1.5 drivable miles from a convention hotel or motel will be allowed to maintain its convention trade area 3:00 a.m. closing permit as long as all other requirements of this chapter have been met.

 

d. The director may report to the city council once every three years to make recommendations on adjusting the annual gross sales requirement.

 

(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 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 1,500 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, two 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 one 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 consent form from the property owner indicating that they have chosen to abstain from the consent process. The applicant must provide a notarized statement that all consent forms submitted to the director are from the property owners or tenants, as described in this section, that have been identified as eligible consenters. For purposes of this section, a condominium as defined in this chapter that has less than five unit owners shall be considered as a single property parcel entitled to a single consent, which consent shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has between five and fifteen unit owners shall be considered as a single property parcel entitled to two consents which shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has more than 15 unit owners shall be considered as a single property parcel entitled to three consents which shall be validated only if a majority of the condominium unit owners give their consent. 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.

 

(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 $125,000.00 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) Temporary 3:00 a.m. closing permit—Eligibility.

 

(1) A temporary 3:00 a.m. closing permit, authorized by RSMo § 311.088, 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. within one twenty-four hour period. Any licensee granted a temporary 3:00 a.m. closing permit shall only be authorized to receive up to six such special permits in a calendar year. Up to six temporary 3:00 a.m. closing permits may be issued every calendar year if the licensee meets the following one time requirement:

 

a.                   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 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 1,500 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, two 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 one 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 consent form from the property owner indicating that they have chosen to abstain from the consent process. The applicant must provide a notarized statement that all consent forms submitted to the director are from the property owners or tenants, as described in this section, that have been identified as eligible consenters. For purposes of this section, a condominium as defined in this chapter that has less than five unit owners shall be considered as a single property parcel entitled to a single consent, which consent shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has between five and fifteen unit owners shall be considered as a single property parcel entitled to two consents which shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has more than 15 unit owners shall be considered as a single property parcel entitled to three consents which shall be validated only if a majority of the condominium unit owners give their consent. 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:

 

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

 

ii.                  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

 

iii.                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.

 

(2) 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.

 

(3) 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.

 

(4) Package sales. No retail licensee holding a temporary 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.

 

(c) 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 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, two 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 one 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 consent form from the property owner indicating that they have chosen to abstain from the consent process. The applicant must provide a notarized statement that all consent forms submitted to the director are from the property owners or tenants, as described in this section, that have been identified as eligible consenters. For purposes of this section, a condominium as defined in this chapter that has less than five unit owners shall be considered as a single property parcel entitled to a single consent, which consent shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has between five and 15 unit owners shall be considered as a single property parcel entitled to two consents which shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has more than 15 unit owners shall be considered as a single property parcel entitled to three consents which shall be validated only if a majority of the condominium unit owners give their consent. 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.

 

(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.

 

Sec. 10-127. License and permit fees.


The following fees shall be paid to the city treasurer before the respective license or permit prescribed in this section is issued:

 

Each full sales-by-drink license .....

$450.00 per year

Each malt liquor and light wine sales-by-drink license .....

52.50 per year

Each limited malt liquor, light wine or nonintoxicating beer sales-by-drink license for consumption on the premises where sold issued to any church, school, civic, service, fraternity, veteran, political or charitable club or organization for a picnic, bazaar, fair or similar gathering .....

15.00 per license

Sales-by-drink Sunday license .....

900.00 per year

Every other Sunday license .....

300.00 per year

Each catering permit .....

15.00 for each calendar day, or fraction thereof, for which the permit is issued

Each convention trade area 3:00 a.m. closing permit .....

450.00 per year

Each temporary 3:00 a.m. closing permit .....

75.00 per permit

Each nonprofit organization 6:00 a.m. closing permit .....

450.00 per year

Each Fourth of July celebration temporary malt liquor and light wine sales-by drink permit .....

100.00

Each license for sales-by-drink in common eating and drinking area .....

450.00 per year

Each nonintoxicating beer sales-by-drink license .....

37.50 per year

Each limited nonintoxicating beer sales-by-drink license for the sale of nonintoxicating beer for consumption on the premises where sold by any church, school, civic, service, fraternity, veteran, political or charitable club or organization at a picnic, bazaar, fair or similar gathering .....

15.00

Each festival district temporary permit for a sales by drink license .....

450.00 per year

Each C.O.L. consumption of alcoholic beverages license for clubs, organizations or associations which are private and nonprofit, where either food, beverages or entertainment are provided for compensation in the form of dues, fees or special assessments .....

60.00

Each C.O.L. license for commercial establishments or establishments which are commercial in nature, where either food, beverages or entertainment are provided for compensation of any kind .....

300.00 per year

Each one-day C.O.L. license for dance halls .....

20.00

Each full original package sales license .....

150.00 per year

Each malt liquor original package sales license .....

22.50 per year

Each nonintoxicating beer original package sales license .....

22.50 per year

Each wholesaler's license for sale of alcoholic beverages of all kinds to retailers .....

375.00 per year

Each wholesaler's license for sale of alcoholic beverages not in excess of 22 percent of alcohol by weight to retailers .....

150.00 per year.

Each wholesaler's license for sale of malt liquor or nonintoxicating beer containing not in excess of 5 percent of alcohol by weight to retailers .....

75.00 per year

Each wholesaler's license for sale of nonintoxicating beer to retailers .....

75.00 per year

Each wholesaler's license for sale of alcoholic beverages of all kinds to wholesalers .....

375.00 per year

Each wholesaler's license for sale of alcoholic beverages not in excess of 22 percent of alcohol by weight to wholesalers .....

150.00 per year

Each wholesaler's license for sale of malt liquor containing not in excess of 5 percent of alcohol by weight or nonintoxicating beer to wholesalers .....

75.00 per year

Each manufacturer's license to manufacture, distill or blend alcoholic beverages of all kinds .....

300.00 per year

Each manufacturer's license for manufacture of alcoholic beverages containing alcohol not in excess of 22 percent by weight .....

150.00 per year

Each manufacturer's license for manufacture of malt liquor .....

300.00 per year

Each microbrewery license .....

375.00 per year

Each manufacturer's license to manufacture nonintoxicating beer .....

375.00 per year

_____________________________________________

 

Approved as to form and legality:

 

_____________________________

Kathy Adams

Assistant City Attorney