COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 160945, AS AMENDED
Amending Chapter 10, Code of
Ordinances, by repealing Sections 10-332, Restrictions and prohibited acts by
all retail licensees, and 10-337, Package sales licenses, prohibitions and
requirements, and enacting a new section of like number and subject matter that
is in compliance with Missouri State Statute which allows retail
sales-by-package license holders to sell growlers.
WHEREAS, for
purposes of this section a growler is a jug that can be purchased by a person
to be filled with a draft beer of their choice for purposes of off premise
consumption; and
WHEREAS, since
Missouri State Statutes allow for a retail sales-by-package license holder to
sell growlers, Kansas City, Missouri Ordinances must do the same; and
WHEREAS,
although Missouri State Statutes allow growlers to be sold in a size between
thirty-two to one hundred twenty-eight fluid ounces of draft beer, city
ordinance restricts the size to 32 ounces only; and
WHEREAS, since
selling a growler means a retail sales-by-package licensed premise will now be
pouring draft beer onsite which requires a person to be 21 years of age and is
ultimately a change in the way the business was originally licensed, a licensee
will be required to meet the consent requirement; 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 10-332 and 10-337 and enacting a new section of
like number and subject matter, to read as follows:
Sec. 10-332. Restrictions
and prohibited acts by all retail licensees.
(a) Sales to minors or intoxicated
persons. No retail licensee, nor employee of the licensee, shall allow any
alcoholic beverages to be sold, given or otherwise supplied upon the licensed
premises to any person who is under of 21 years of age, or to a habitual
drunkard, or to any person who is intoxicated or who is actually or apparently
under the influence of alcoholic beverage.
(b) Consumption by minors. No retail
licensee, nor employee of the licensee, shall allow any person under 21 years
of age to consume alcoholic beverages upon the licensed premises.
(c) Sale for off-premise consumption.
No retail licensee or employee of the licensee shall sell, for off-premise
consumption, any glass bottle, other than a growler as outlined in Section
10-337, containing more than 32 ounces of malt beverages that is chilled or
refrigerated to a temperature that is at or below room temperature of the
licensed premises.
(d) Serving or delivering in vehicles.
No retail licensee, nor employee of the licensee, shall sell or serve any
alcoholic beverage to any person while the person is operating or is a
passenger in or on any motor vehicle.
(e) Prostitution. No retail licensee,
nor employee of the licensee, shall allow upon the licensed premises any act of
prostitution as defined in the prostitution chapter of the Missouri Criminal
Code, including the solicitation for prostitution.
(f) Unauthorized sale of property. No
retail licensee, nor employee of the licensee, shall allow any person to offer
for sale or sell any personal property upon the licensed premises unless the
sale of the property has been authorized by the licensee or the manager or
person in charge of the licensed premises.
(g) Disorderliness, indecency or obscenity.
Upon the licensed premises, no retail licensee, nor employee of the licensee,
shall:
(1) Fail to
immediately prevent or suppress any violent quarrel or disorder, brawl, fight
or any other act or conduct prohibited or declared to be unlawful by this
chapter.
(2) Allow language,
conduct or songs calculated to provoke a breach of the peace, or obscene
literature, entertainment or advertising material.
(3) Allow any
employee, entertainer or customer to perform a dance of any kind upon a bar,
table or any other place used for serving food or beverages.
(4) Allow any
person to be unclothed, or in less-than-opaque attire, costume or clothing, so
as to expose to view the top of the areola, or any combination of the
foregoing, or human male genitals in a discernibly erect state, even if
completely and opaquely covered.
(5) Allow the
performance of any acts of sexual conduct, including actual or simulated,
normal or perverted acts of human masturbation; deviate sexual intercourse;
sexual intercourse; or physical contact in an act of apparent sexual
stimulation or gratification, with a person's clothed or unclothed genitals,
pubic area, buttocks, or the breast of the female; or any sadomasochistic abuse
or acts including animals or latent objects in an act of apparent sexual
stimulation or gratification, as the terms are defined in the pornography and
related offenses chapter of the Missouri Criminal Code.
(6) Allow the
display of films or videotapes showing persons unclothed as described in
subsection (g)(4) of this section, or allow the display of pictures, films,
videotapes or other material depicting acts prohibited by subsection (g)(5) of
this section.
(h) Storing off-licensed premises. No
retail licensee shall store any alcoholic beverage off or outside of the
licensed premises unless written request is filed with the director, and
written approval is issued by the director; except that a licensee may store
alcoholic beverages in a bonded warehouse or central warehouse, if he has first
notified the director in writing of his intention to do so.
(i) Unlicensed beverages on premises.
No retail licensee, nor employee of the licensee, shall allow upon the licensed
premises any alcoholic beverages except the types the licensee is licensed to
sell upon those premises.
(j) Illegal drugs. No retail
licensee, nor employee of the licensee, shall possess, store, sell or offer for
sale, give away, distribute or deliver any controlled substance or illegal drug
or narcotic, as defined in the Missouri Comprehensive Drug Control Act, or
similar statutes, upon the licensed premises, nor shall any licensee or
employee allow any other person to engage in any of these acts upon the
licensed premises.
(k) Illegal gambling. No retail
licensee, nor employee of the licensee, shall participate or engage in illegal
gambling or violate any federal or state laws in connection with gambling, upon
the licensed premises, nor shall any licensee or employee allow any other
person to engage in any of these acts upon the licensed premises.
(l) Illegally purchased alcoholic
beverages. No retail licensee, nor employee of the licensee, shall allow
on or about the licensed premises any alcoholic beverage which he has purchased
or secured in violation of any city ordinance, or local, state or federal law.
(m) Entertainment on premises. No
retail licensee nor employee of the licensee shall allow on or about the
licensed premises:
(1) Any type of live
entertainment unless the consent requirement, as outlined in chapter 10-214,
has been met and the application has been approved by the director. The term
live entertainment, as used in this chapter, shall include but shall not be
limited to a dance hall, DJ, two or more live musicians, seminude dancing,
stage show, floor show or contest. Any form of entertainment, live exhibition,
performance or dance characterized by exposure of specified anatomical areas as
that term is defined in section 80-20, or dance performed by a performer who is
nude behind an opaque barrier, shall be prohibited unless the licensed location
first complies with the zoning requirements set forth under section 80-156.
(2) Any type of
entertainment unless the application has been approved by the director. The
term "entertainment," as used in this chapter, shall include but
shall not be limited to jukeboxes, pool tables, dart boards, video games,
pinball machines or any other amusement device operated by the insertion of a
coin, disc or other insertion piece.
(n) Employees dancing on premises.
Upon the licensed premises:
(1) The dancer may
perform a dance for a customer or customers but shall not intentionally touch
any customer while performing a dance.
(2) The dancer
shall not receive any payment or gratuity from any customer unless the payment
or gratuity is placed into the dancers hand or under a leg garter worn by the
dancer located at least four inches below the bottom of the pubic region.
(3) No dancer shall dance with any
customer.
(4) No dancer shall sit at a table or
the bar with any customers.
(5) No customer shall knowingly or
intentionally touch any dancer.
(o) Multiple business names posted on one
licensed premises. Multiple business names may not be posted on the
exterior of a licensed premises unless:
(1) There is a
separate entrance into the licensed premises for each different business name
that will be posted, and;
(2) The original
business name is included as part of any new business name and the size of the
lettering of the business name is uniform on any interior or exterior sign that
will be posted throughout the licensed premises, and;
(3) There must be
open public access throughout the entire licensed premises where there are no
closed doors or other physical barriers that separate the licensed premises in
any way. However, it is permissible to keep any part of the licensed premises
closed when it is not in use.
(p) Nuisances. No retail licensee or
employee of the licensee shall cause a nuisance to or change in character of
any residential area or the immediate area surrounding the licensed premises.
Nuisances may include but will not be limited to noise, traffic and parking
associated with the operation of the premises from patrons or other persons
frequenting the premises.
(q)
Lewd and indecent conduct. No retail licensee, nor employee of the
licensee, shall allow lewd and indecent conduct on or within the immediate
vicinity of the licensed premises. Lewd and indecent conduct may include but
will not be limited to public urination exhibited by persons frequenting the
licensed premises or by the licensee or his employees, servants or agents.
Sec. 10-337. Package sales
licenses; prohibitions and requirements.
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(a) No package sales licensee, nor employee of the licensee,
shall permit any person to consume alcoholic beverages upon the licensed
premises. A package sales licensee that has a tasting license under the
provisions of section 10-114 may allow wine malt beverage and distilled spirit
tasting on the licensed premises.
(b) No package sales licensee, nor employee of the licensee,
shall sell, dispense or give away any alcoholic beverages upon the licensed
premises except in the original package unless:
(1)
Authorized to sell Growlers. Any person who is licensed to sell intoxicating
liquor in the original package at retail may sell between thirty-two and sixty-four
fluid ounces of craft draft beer to customers in a container or growler filled
by any employee of the retailer on the premises for consumption off such
premises. No vessel or container manufactured for and previously used to store
or transport any product or liquid other than craft beer filled pursuant to
this section shall be used as a growler. The only draft
beer that can be sold is that which comes from a craft brewery which has an
annual production of less than six million (6,000,000) barrels. Any employee of
the licensee shall be at least twenty-one years of age to fill containers with
draft beer.
(2)
Containers and Labeling for Growlers. Containers that are filled
or refilled of draft beer as outlined in this section shall be affixed with a
label or a tag that shall contain the following information in type not smaller
than three millimeters in height and not more than twelve characters per inch:
a. Brand name of the product dispensed;
b. Name of brewer or bottler;
c. Class of product, such as beer, ale,
lager, bock, stout, or other brewed or fermented beverage;
d. Net contents;
e. Name and address of the business that
filled or refilled the container;
f. Date of fill or refill;
g. The following statement: "This
product may be unfiltered and unpasteurized. Keep refrigerated at all
times."
(3) The Filling of Containers with a Tube.
The filling and refilling of containers by a retailer or its employees shall
only occur on demand by a customer and containers shall not be prefilled by the
retailer or its employee.
a.
Containers shall be filled or refilled from the bottom of the
container to the top with a tube that is attached to the malt beverage faucet
and extends to the bottom of the container or with a commercial filling
machine.
b. A different tube from the container shall be
used for each filling or refilling of a container
c. When not in
use, tubes to fill or refill shall be immersed and stored in a container with
liquid food-grade sanitizer.
d. After
filling or refilling a container, the container shall be sealed.
(c) No malt liquor package sales licensee, nor employee of
the licensee, shall possess or permit alcoholic beverages, other than those
allowed for sale by the license, upon the licensed premises.
(d) A package sales licensee whose place of business
remains open on days or during the hours when the sale of alcoholic beverages
is prohibited by section 10-333 shall, during the times as sale is prohibited,
segregate alcoholic beverages in a storage space inaccessible to the public, or
cover or enclose alcoholic beverages by means of a slip cover constructed from
substantial material and secured in a manner whereby the public shall not have
access.
(e) No package sales licensee, nor employee of the licensee,
shall sell or give away any drug, or controlled substance to any person,
provided that nothing in this section shall prohibit the licensee, any of its
employees or any other person from possessing or using a drug, medicine or
controlled substance in a lawful manner, provided that this shall not apply to
a licensee lawfully doing business as a pharmacy duly licensed under state or
federal law or a licensee with an average of 80 percent or more of its total
gross receipts from nonalcohol and nondrug sales.
_____________________________________________
Approved
as to form and legality:
___________________________________
Lana
K. Torczon
Assistant City Attorney