COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 160621, AS AMENDED
Amending Chapter 10, Code of
Ordinances, by repealing sections 10-104, 10-106, and 10-214 and enacting in
lieu thereof new sections that will create a consent process for the Crossroads
and Historic West Bottoms areas that will provide the maximize input from as
many eligible consenters as possible.
WHEREAS, the
Crossroads and Historic West Bottoms areas are continuing to develop into a
destination for both homeowners and entertainment businesses; and
WHEREAS, the
residents and businesses in the Crossroads and Historic West Bottoms areas
desire to continue to attract new residents and businesses to these areas so
the areas will continue to thrive; and
WHEREAS, the
residents and businesses need a consent process that will fairly represent the
makeup of these developing areas; 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 10-104, 10-106, and 10-214, and enacting in lieu
thereof new sections to read as follows:
Sec. 10-104. Sunday licenses.
(a) A Sunday
license authorizes the licensee to sell alcoholic beverages at retail on the
licensed premises under the conditions and during the hours herein specified on
Sunday in addition to the legal hours and days set out in section 10-333
except, if the licensee holds a valid license or permit pursuant to the
provisions of section 10-106, then the licensee may be open for business in
accordance with the provisions of the license or permit.
(b) Consents
required.
(1)
Unless
stated otherwise in section 10-215, for the Crossroads Area and Historic West
Bottoms Area as defined in section 10-214, no Sunday 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 from a majority of eligible consenters as
defined in this chapter from a minimum of 15 eligible 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 except that any parcel of such real
estate on which a retail sales-by-drink, C.O.L. or sales-by-package license is
situated and any parcel of real estate owned by the city, except park property,
shall not be included in the calculation. For any premises that does not either
intersect or include the boundaries of a minimum of 15 eligible property
parcels within a radius of 250 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 15 eligible property parcels. No more
than thirty-five
percent (35%)
of the eligible property parcels included in the consent radius shall be
comprised of property parcels that are owned by the same person, as person is
defined in this chapter, or
owned by an entity in which the same person has a majority ownership interest
therein. If
the same person, or
an entity in which the same person has a majority ownership interest therein, owns multiple
parcels within the boundaries of the consent radius, only their property
parcels located within the closest proximity to the proposed premises, which
account for thirty-five percent (35%) of the total eligible property parcels,
will be included in the consent radius. If, after reviewing the ownership of
the eligible property parcels and if some of the property parcels are
determined to be no longer an eligible property parcel to consent because they
are owned by the same owner as defined above, then the eligible property
parcels shall be increased based on the incremental radius defined above to
reach the minimum 15 eligible property parcel requirement. The center of the
door for the main entrance to the premises shall be determined by the entrance
most used by the public visiting the establishment. 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. The consent requirement provided in this
section shall apply to:
a. Any new premises;
b. Any premises adding a Sunday license.
An applicant
required to submit consents to the director shall furnish 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. 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 total of two consents which 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 eligible
property parcel entitled to a total of three 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 eligible property parcel entitled to a total of four consents which
shall be validated only if a majority of the condominium unit owners give their
consent. For purposes of this section and the sections in this Code providing
for the increased consents for condominiums, where there is a condominium
included within the consent radius and that condominium has increased consents
pursuant to the provisions herein contained then the number of eligible
consenters shall be increased to correspond with the number of increased
condominium consents thereby increasing the majority number of consents needed in
order to obtain the license. 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, e-mail 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)
With
the exception of the areas outlined in subsection (b)(1) of this section and
unless stated otherwise in section 10-215, no Sunday 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 from a majority of eligible consenters as
defined in this chapter from a minimum of 15 eligible 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 except that any parcel of such real
estate on which a retail sales-by-drink, C.O.L. or sales-by-package license is
situated and any parcel of real estate owned by the city, except park property,
shall not be included in the calculation. For any premises that does not either
intersect or include the boundaries of a minimum of 15 eligible property
parcels within a radius of 250 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 15 eligible 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 visiting the establishment. 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. The consent requirement provided in this
section shall apply to:
a. Any new premises;
b. Any premises adding a Sunday license.
An applicant
required to submit consents to the director shall furnish 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. 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 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:
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, e-mail 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
of 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.
(e) Hearing.
If within 45 days of the filing of an application for a retail sales-by-drink,
C.O.L. or sales-by-package license, 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) Failure
to obtain consents. The director shall not accept an application for a
premise where any applicant has failed to successfully complete the consent
process, including any withdrawals of an application, two times within a
12-month period unless 12 months have passed from the date of the most recent
withdrawal or denial by the director.
(g) Sunday
license types and requirements.
(1) Retail sales by drink Sunday license. A retail sales
by drink Sunday license authorizes the licensee to sell the same kinds of
alcoholic beverages by the drink as authorized by the license holder's retail
sales by drink license for consumption on the licensed premises between the
hours of 9:00 a.m. on Sunday and 12:00 midnight on Sunday.
(2) Retail sales by package Sunday license. A retail sales
by package Sunday license authorizes the licensee to sell the same kinds of
alcoholic beverages as authorized by the license holder's retail sales by
package license between the hours of 9:00 a.m. on Sunday and 12:00 midnight on
Sunday.
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,
10-103, 10-134 or 10-135 sales-by-drink license to remain open between 1:30 am.
and 3:00 a.m., if:
a. The applicant's 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 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 the ordinance
from which this section derives 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, for the Crossroads
Area and Historic West Bottoms Area as defined in Section 10-214 an applicant
shall, within 45 days of the filing of the application, furnish to the
director, consent forms signed from a minimum of seventy five percent (75%) of
the eligible consenters as defined in this chapter from a minimum of 30
eligible 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 eligible 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 eligible property parcels. No more than thirty-five percent (35%) of the
eligible property parcels included in the consent radius shall be comprised of
property parcels that are owned by the same person, as person is defined in
this chapter, or owned by an entity in which the same person has a majority
ownership interest therein. If the same person, or an entity in which the same
person has a majority ownership interest therein, owns multiple parcels within
the boundaries of the consent radius, only their property parcels located
within the closest proximity to the proposed premises, which account for
thirty-five percent (35%) of the total eligible property parcels, will be
included in the consent radius. If, after reviewing the ownership of the eligible
property parcels and if some of the property parcels are determined to be no
longer an eligible property parcel to consent because they are owned by the
same owner as defined above, then the eligible property parcels shall be
increased based on the incremental radius defined above to reach the minimum 30
eligible property parcel requirement. 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
and that no eligible consenter or tenant of an eligible consenter has received,
either directly or indirectly, anything of value which may include but is not
limited to any gift, compensation, loan, favor, privilege, service, courtesy or
otherwise, in exchange for their consent. 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 total of two
consents which 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 eligible property parcel entitled to a
total of three 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 eligible property parcel
entitled to a total of four 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) With the exception of the areas outlined in subsection (a)(2)
of this section and 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 eligible 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
eligible 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 eligible 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 and that no eligible
consenter or tenant of an eligible consenter has received, either directly or
indirectly, anything of value which may include but is not limited to any gift,
compensation, loan, favor, privilege, service, courtesy or otherwise, in
exchange for their consent. 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 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.
(4) 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.
(5) 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. Any consent form that
has been submitted from an eligible consenter or tenant of an eligible
consenter who has received, either directly or indirectly, anything of value
which may include but is not limited to compensation, gift, loan, favor,
privilege, service, courtesy or otherwise, in exchange for their consent will
become null and void and therefore will not be accepted.
(6) 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.
(7) 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 24-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, for the Crossroads
Area and the Historic West Bottoms Area as defined in Section 10-104 the
applicant shall, within 45 days of the filing of the application, furnish to
the director, consent forms signed from a minimum of seventy-five percent (75%)
of the eligible consenters as defined in this chapter from a minimum of 30
eligible 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 eligible 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 eligible property parcels. No more than thirty-five percent (35%) of the
eligible property parcels included in the consent radius shall be comprised of
property parcels that are owned by the same person, as person is defined in
this chapter, or owned by an entity in which the same person has a majority
ownership interest therein. If the same person, or an entity in which the same
person has a majority ownership interest therein, owns multiple parcels within
the boundaries of the consent radius, only their property parcels located
within the closest proximity to the proposed premises, which account for
thirty-five percent (35%) of the total eligible property parcels, will be
included in the consent radius. If, after reviewing the ownership of the eligible
property parcels and if some of the property parcels are determined to be no
longer an eligible property parcel to consent because they are owned by the
same owner as defined above, then the eligible property parcels shall be
increased based on the incremental radius defined above to reach the minimum 30
eligible property parcel requirement. 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
and that no eligible consenter or tenant of an eligible consenter has received,
either directly or indirectly, anything of value which may include but is not
limited to any gift, compensation, loan, favor, privilege, service, courtesy or
otherwise, in exchange for their consent. 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 total of two
consents which 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 eligible property parcel entitled
to a total of three 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 eligible property parcel
entitled to a total of four 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:
1. That the tenancy is for a term not less than one year; and
2. 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
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 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.
b. With the exception of the areas outlined in subsection
(b)(1)(a) of this section and 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 eligible 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 eligible 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 eligible 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 and that no eligible consenter or tenant of an eligible
consenter has received, either directly or indirectly, anything of value which
may include but is not limited to any gift, compensation, loan, favor,
privilege, service, courtesy or otherwise, in exchange for their consent. 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 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:
1. That the tenancy is for a term not less than one year; and
2. 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
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 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. Any consent form that
has been submitted from an eligible consenter or tenant of an eligible
consenter who has received, either directly or indirectly, anything of value
which may include but is not limited to compensation, gift, loan, favor,
privilege, service, courtesy or otherwise, in exchange for their consent will
become null and void and therefore will not be accepted.
(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 eligible 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 eligible 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 eligible 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 and that no eligible
consenter or tenant of an eligible consenter has received, either directly or
indirectly, anything of value which may include but is not limited to any gift,
compensation, loan, favor, privilege, service, courtesy or otherwise, in
exchange for their consent. 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 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. Any consent form that
has been submitted from an eligible consenter or tenant of an eligible
consenter who has received, either directly or indirectly, anything of value
which may include but is not limited to compensation, gift, loan, favor,
privilege, service, courtesy or otherwise, in exchange for their consent will
become null and void and therefore will not be accepted.
(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. 10-214. Consents
required.
(a) Consent of
neighboring property owners.
(1)
In
the: (1) Crossroads Area which is defined as being bounded by Truman Road on
the north, Troost Avenue on the east, the Kansas City Terminal Railway tracks
on the south and by Interstate 35 on the West herein referred to as the
"Crossroads Area" and (2) the Historic West Bottoms
Area which is defined as being bounded by and beginning at the intersection of
the west city limit and the south bank of the Missouri River, thence south
along the west boundary of the city limit to the intersection with the north
right of way line of 25th Street, thence east along the north right of way line
of 25th Street to the intersection with the west right of way line of Allen
Road, thence generally north along the west right of way line of Allen Road to
the intersection with the west right of way line of Holly Avenue, thence north
along the west right of way line of Holly Avenue to the intersection with the
west right of way line of Beardsley Road, thence north along the west right of
way line of Beardsley Road to the intersection with the north right of way line
of 6th Street, thence east along the north right of way line of 6th Street to
the intersection with the west right of way of Broadway Avenue, thence north
along the west right of way line of Broadway Avenue to the intersection with
the south bank of the Missouri River, thence west along the south bank of the
Missouri River to the point of beginning herein referred to as the
"Historic West Bottoms Area", 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
from a majority of eligible consenters as defined in this chapter from a
minimum of 15 eligible 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 eligible property parcels within a radius of 250
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 15 eligible property parcels. No more than thirty-five percent (35%) of the
eligible property parcels included in the consent radius shall be comprised of
property parcels that are owned by the same person, as person is defined in
this chapter, or
owned by an entity in which the same person has a majority ownership interest
therein. If
the same person, or
an entity in which the same person has a majority ownership interest therein, owns multiple
parcels within the boundaries of the consent radius, only those property
parcels located within the closest proximity to the proposed premises, which
account for thirty-five percent (35%) of the total eligible property parcels,
will be included in the consent radius. If, after reviewing the ownership of the
eligible property parcels and if some of the property parcels are determined to
be no longer an eligible property parcel to consent because they are owned by
the same owner as defined above, then the eligible property parcels shall be
increased based on the incremental radius defined above to reach the minimum 15
eligible property parcel requirement. 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 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 and that no eligible consenter or tenant of
an eligible consenter has received, either directly or indirectly, anything of
value which may include but is not limited to any gift, compensation, loan,
favor, privilege, service, courtesy or otherwise, in exchange for their
consent. The consent requirement provided in this section shall apply to:
a.
Any new premises;
b. Any premises that was previously licensed;
c. The expansion of any licensed premises;
d. Notwithstanding any other section of this chapter, any
previously licensed or permitted premise where the license or permit was
revoked;
e. 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;
f. Any premises intending to provide live entertainment as
outlined in section 10-332 of this chapter; and
g. Any change in ownership of a licensed premises that meets the
requirements outlined in section 10-266 of this chapter.
An applicant
required to submit consents to the director shall furnish 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. An eligible consenter who originally gave
their consent for a liquor license may withdraw their consent but only during
the consent period by notifying the director in writing stating their desire to
withdraw their consent. 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. 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 total of two
consents 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 eligible property parcel entitled
to a total of three 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 eligible property parcel
entitled to a total of four 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:
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.
(2)
With
the exception of the areas outlined in subsection (a)(1) of this section, 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 from a majority of eligible consenters as
defined in this chapter from a minimum of 15 eligible 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 eligible property
parcels within a radius of 250 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 15 eligible 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
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 and that no eligible consenter
or tenant of an eligible consenter has received, either directly or indirectly,
anything of value which may include but is not limited to any gift,
compensation, loan, favor, privilege, service, courtesy or otherwise, in
exchange for their consent. The consent requirement provided in this section
shall apply to:
a. Any new premises;
b. Any premises that was previously licensed;
c. The expansion of any licensed premises;
d. Notwithstanding any other section of this chapter, any
previously licensed or permitted premise where the license or permit was
revoked;
e. 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;
f. Any premises intending to provide live entertainment as
outlined in section 10-332 of this chapter; and
g. Any change in ownership of a licensed premises that meets the
requirements outlined in section 10-266 of this chapter.
An applicant
required to submit consents to the director shall furnish 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. An eligible consenter who originally gave
their consent for a liquor license may withdraw their consent but only during
the consent period by notifying the director in writing stating their desire to
withdraw their consent. 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. 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:
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.
(b) 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.
(c) 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. Any consent form that has been submitted from an eligible
consenter or tenant of an eligible consenter who has received, either directly
or indirectly, anything of value which may include but is not limited to
compensation, gift, loan, favor, privilege, service, courtesy or otherwise, in
exchange for their consent will become null and void and therefore will not be
accepted.
(d) 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.
(e) 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.
(f) Failure
to obtain consents. The director shall not accept an application for a
premise where any applicant has failed to successfully complete the consent
process two times within a 12-month period unless 12 months have passed from
the date of the most recent denial by the director or withdrawal by an
applicant of an application.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney