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Legislation #: 190868 Introduction Date: 10/17/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing Section 10-212, Distance from churches and schools, and enacting in lieu thereof a new section of like number and subject matter which removes the church and school consent requirement, in accordance with best practices.

Legislation History
DateMinutesDescription
10/16/2019 Filed by the Clerk's office
10/17/2019 Referred to Finance, Governance and Public Safety Committee
10/23/2019 Hold On Agenda (10/30/2019)
10/30/2019 Hold On Agenda (11/6/2019)
11/6/2019 Hold On Agenda (11/13/2019)
11/13/2019 Hold On Agenda (12/4/2019)
12/4/2019 Hold On Agenda (1/8/2020)
1/15/2020 Referred to Neighborhood Planning and Development Committee
1/22/2020 Hold On Agenda (1/29/2020)
1/29/2020 Do Pass as a Committee Substitute
1/30/2020 Assigned Third Read Calendar as Substituted
2/6/2020 Passed as Substituted

View Attachments
FileTypeSizeDescription
190868.pdf Authenticated 121K Authenticated Ordinance
10-212 Presentation for Council.pptx Other 2308K Presentation
190868 Compared Version 1.30.2020.docx Compared Version 23K Compared Version
190868 Speaker Cards.pdf Other 103K Public Testimony Speaker Cards
KCPS Statement 1.22.2020.pdf Other 82K KCPS - Statement
190868 Colored Compared.docx Compared Version 27K Compaired Version
190868 Fact Sheet.pdf Fact Sheet 30K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190868

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-212, Distance from churches and schools, and enacting in lieu thereof a new section of like number and subject matter which removes the church and school consent requirement, in accordance with best practices.

WHEREAS, the Code contains certain provision for the distance required between a church or school and a potential liquor license premises; and

 

WHEREAS, these provisions are not currently in accordance with best practices and could result in future litigation; and

 

WHEREAS, Missouri State Statute 311.080 states “no license shall be granted for the sale of intoxicating liquor… within one 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 of the board of alderman, city council, or other proper authorities of any incorporated city, town, or village; and

 

WHEREAS, Missouri State Statute 311.080 states “the board of aldermen, city council or other proper authorities of any incorporated city, town or village may by ordinance prohibit the granting of a license for the sale of intoxicating liquor within a distance as great as three hundred feet of any school, church, or other building regularly used as a place of religious worship; and

 

WHEREAS, the City recognizes that, the Code contains sufficient provisions for neighbors of any kind to voice any concerns they may have regarding a potential liquor license establishment; 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, Distance from churches and schools, and replacing it with a new section of like number and subject matter to read as follows:

 

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

 

(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. 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 license to a different license classification shall not be permitted; and

 

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

 

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

 

(1) 18th & Vine District Area means the area generally described as the area bounded by and beginning from the intersecting point of Lydia Avenue and East Truman Road, thence east along East Truman Road to the intersecting point of Brooklyn Avenue, thence south along Brooklyn Avenue to the intersecting point of East 19th Street, thence west along East 19th Street to the intersecting point of Groves Street, thence north along Groves Street to the intersecting point of East 17th Street, thence west along East 17th Street to the intersecting point of Lydia Avenue, thence north along Lydia Avenue to the intersecting point of East Truman Road.

 

(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, Main Street on the east, Ward Parkway on the south and Belleview Avenue 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.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Emalea Black

Assistant City Attorney