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Legislation #: 051425 Introduction Date: 11/17/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER XBARNES
Title: Amending Chapter 10, Code of Ordinances, by repealing Section 10-106, Convention trade area 3:00 a.m. closing permit, and enacting in lieu thereof new sections of like number and subject matter, and by enacting three new sections, Section 10-134, Downtown economic entertainment district zone; Section 10-135, Promotional association license and Section 10-136, Downtown economic entertainment district zone employee and volunteer permits, and adjusting fees and requirements for payment.

Legislation History
DateMinutesDescription
11/17/2005 Filed by the Clerk's office
11/17/2005 Referred to Planning, Zoning & Economic Development Committee
11/21/2005 Advance and Do Pass as a Committee Substitute, Debate
11/22/2005 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051425

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-106, Convention trade area 3:00 a.m. closing permit, and enacting in lieu thereof new sections of like number and subject matter, and by enacting three new sections, Section 10-134, Downtown economic entertainment district zone; Section 10-135, Promotional association license and Section 10-136, Downtown economic entertainment district zone employee and volunteer permits, and adjusting fees and requirements for payment.

 

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 10-106, Convention trade area 3:00 a.m. closing permit, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 10-106. Convention trade area 3:00 a.m. closing permit.

 

(a) Eligibility. A 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 located within the convention trade area to remain open between 1:30 a.m. and 3:00 a.m., if:

 

(1) The applicant's business is a convention hotel or motel; or

 

(2) The applicant's business is not a convention hotel or motel but is located not more than one mile as measured from the outside walls of a hotel, defined as any structure, or building, under one management, which contains rooms furnished for the accommodation or lodging of guests, with or without meals being so provided, and kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient guests or permanent guests, and having more than 40 bedrooms furnished for the accommodation of such guests, and the applicant's annual gross sales at said business for the year immediately preceding the application for a 3:00 a.m. closing permit equals $100,000.00 or more; provided, however, that the director may waive the foregoing gross sales requirement for a business located in the Downtown Economic Entertainment District if requested by the applicant and the request is supported by documentation that the business should produce annual gross sales equal to $100,000 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.

 

 (3) The applicant shall, within 45 days of the filing of the application, furnish to the director, signed consents from the owners of a majority 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, except that any parcel of real estate on which a retail sale-by-drink or C.O.L. license is situated and any parcel of real estate owned by the city, except park property, shall not be included in the calculation. The center of the door for the main entrance to the premises shall be determined by the applicant, who 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. For purposes of this section, a condominium as defined in this chapter, shall be considered as a single property parcel entitled to a single consent, which consent shall be validated if signed by the unit owners of a majority of the condominium units. In lieu of a signed consent from an eligible property owner under this section, an applicant may furnish and the director shall accept a signed consent in proper form from a tenant of that 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.

 

(b) Designation of 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.

 

(c) 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.

 

(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. Each signature on a consent shall be verified before a notary public.

(e) 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:

 

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

 

(2) Between the hours of 12:00 midnight Sunday and 6:00 a.m. Monday.

 

(f) Notwithstanding the limitations contained in subsection (a)(2) herein, a sales by drink establishment licensed under this chapter located in that area bounded by and including the block face frontage of the north side of 17th Street Terrace, the east side of Woodland Avenue, the south side of 19th Street and the west side of Paseo Boulevard that has annual gross sales of $100,000.00 or more for the year immediately preceding the application for a 3:00 a.m. closing permit and meets all other requirements herein is eligible for such permit.

 

 


Section 2. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting three new sections, Section 10-134, Downtown economic entertainment district; Section 10-135, Promotional association entertainment district special license and Section 10-136, Downtown economic entertainment district zone employee and volunteer permits, and adjusting fees and requirements for payment to read as follows:

 

Section 10-134. Downtown economic entertainment district.

 

(a) Purpose. This section permits the Director to issue an annual liquor license for the sale and consumption of intoxicating liquor, malt liquor, light wine and nonintoxicating beer by the drink for retail from one or more portable bars within the promotional association sub-zones of the downtown economic entertainment district until 3:00 a.m. on Monday through Saturday and from 9:00 a.m. until 12 midnight on Sunday to a person acting on behalf of or designated by a promotional association, who possesses the qualifications required by this chapter.

 

(b) Definitions.

 

(1) Downtown economic entertainment district means the area located in the Citys central business district, which is the historic core locally known as the Citys downtown area, that contains a combination of entertainment venues, bars, nightclubs, and restaurants, and that is designated as a redevelopment area by the governing body of the city under the Missouri downtown and rural economic stimulus act.

 

(2) Central business district for this chapter means the area bounded by the Missouri River on the north, the Linwood Boulevard on the south, Cleveland on the east and Broadway, along the Heart of America Bridge to the Missouri River on the west.

 

(3) Common area means any area designated as a common area in a development plan for the downtown economic entertainment district approved by the governing body of the city, any area of a public right-of-way that is adjacent to or within the downtown economic entertainment district when it is closed to vehicular traffic and any other area identified in the development plan where a physical barrier precludes motor vehicle traffic and limits pedestrian accessibility.

 

(4) Portable bar means any bar, table kiosk, cart, or stand that is not a permanent fixture and can be moved from place to place.

 

(5) Promotional association means an association incorporated in the State of Missouri which is organized or authorized by one or more property owners located within the downtown economic entertainment district who own or otherwise control not less than one hundred thousand square feet of premises designed, constructed, and available for lease for bars, nightclubs, restaurants and other entertainment venues for the purpose of organizing and promoting activities within the downtown economic entertainment district.

 

a. For purposes of determining ownership or control as set forth in this subdivision, the square footage of premises used for residential, office, or retail uses, (other than bars, night clubs, restaurants, and other entertainment venues), parking facilities and hotels within the downtown economic entertainment district shall not be used in the calculation of square footage.

 

(c) Designated redevelopment areas.

 

(1) The Citys central business district area is hereby designated as the downtown economic entertainment district.

 

(2) The following areas are each designated as promotional association sub-zones:

 

a. The Downtown Power and Light sub-zone bounded by the Missouri River on the north, by I-70 to I-35 at Holmes to I-670 on the south, Troost Avenue on the east and Broadway on the west.

 

b. The Performing Arts sub-zone bounded by 9th Street on the north, 18th Street on the south, Broadway on the west, and Troost on the east.

 

c. The Crossroads sub-zone bounded by I-70 to I-35 at Holmes to I-670 on the north, Troost Avenue on the east, the KC Terminal Railway tracks on the south, and Broadway on the west.

 

d. The 18th and Vine sub-zone bounded by Truman Road on the north, Woodland on the east, 19th Street on the south, and Paseo Boulevard on the west.

 

e. Liberty Union Crown sub-zone bounded by 27th Street on the south, 20th Street on north, Cherry on the east and Broadway on the west.

 

f.                    Historical Union Hill subzone bounded by Linwood on the south, 27th Street on the north, Cherry Avenue on the east and Broadway on the west.

 

Additional areas may be designated as common area sub-zones as determined by the Mayor and City Council.


Section 10-135. Promotional association entertainment district special license.

 

(a) A promotional association entertainment district special license authorizes a promotional association to sell alcoholic beverages by the drink for consumption in the promotional association sub-zone common areas located within the Citys central business district, which is the historic core locally known as the Citys downtown area or the downtown economic entertainment district.

 

(b) Applicants for a promotional association entertainment district special license are exempt from requirements of Section 10-211, 10-212, and 10-214.

 

(c) Notwithstanding any other provision of this chapter to the contrary, any person acting on behalf of or designated by the a promotional association who possesses the qualifications of this chapter, or who now or hereafter meeting the requirements of and complies with the provisions of this chapter, may apply to the Director for, and the Director may issue, a license to sell intoxicating liquor, by the drink at retail for consumption, dispensed from one or more portable bars within the promotional association sub-zone of the downtown economic entertainment district until 3:00 a.m. on Monday through Saturday and from 9:00 a.m. until 12 midnight on Sunday. The times for selling intoxicating liquor as fixed in section 10-333 and all other laws and regulations of the city relating to the sale of intoxicating liquor by the drink shall apply to each promotional association sub-zone common area licensed under this subsection in the same manner as they apply to establishments licensed under section 10-102. The applicant shall apply for the license on an application approved by the director.

 

(d) An applicant granted a promotional association entertainment district special license under this section shall pay a license fee of four hundred and fifty dollars ($450.00) per year and a one-time application cost of two hundred and fifty dollars ($250.00).

 

(e) Each license upon issuance shall be effective for a prescribed period not to exceed one year. The license shall be effective between the hours of Sundays from 9:00 a.m. until 12 midnight and until 3:00 a.m. Monday through Saturday.

 

(f) Notwithstanding any other provision of this chapter to the contrary, on such days and such times designated by the promotional association, with notice to the Director, the promotional association may allow persons to leave licensed establishments located within the promotional association sub-zone boundary of the downtown economic entertainment district with an alcoholic beverage and enter upon and consume the alcoholic beverage within other licensed establishments and common areas located in portions of that promotional association designated boundary.

 

(g) No person shall take any alcoholic beverages outside the boundaries of the downtown economic entertainment district or portions of the downtown economic entertainment district as designated by the promotional association and approved by the Director.

 

(h) At times when a person is allowed to consume alcoholic beverages dispensed from portable bars and in the common areas of all or any portion of the downtown economic entertainment district designated by each promotional association, the promotional association shall insure that minors can be easily distinguished from persons of legal age buying alcoholic beverages.

 

(i) All alcoholic beverages served for consumption in the common areas of promotional association sub-zones of the downtown economic entertainment district shall be served in a plastic container which shall bear the name or logo or other identifying data of the serving establishment. No glass bottles or glass containers are permitted to be used for the service or consumption of alcoholic beverages in the common areas of the entertainment district.

 

(j) Any violation of chapter 10 that occur within the promotional association sub-zone of the downtown economic entertainment district, during the days, times and locations designated by the promotional association is solely the responsibility of the promotional association designated person, who is in active control of the license.

 

(k) Promotional association shall furnish satisfactory proof to the Director that the association is incorporated in the State of Missouri.

 

(l) Before the issuance of a license under the provisions of this section, the promotional association shall furnish to the Director a State of Missouri entertainment district special license.

 

(m) The promotional association shall obtain all applicable permits and licenses required by City ordinance.

 

(n) Before a license or permit is issued under the provisions of this chapter, the applicant shall furnish to the Director upon request, a certificate from the Director of codes administration, fire, health, public works and neighborhood preservation stating that with respect to the application the applicant is in compliance with the respective codes and the zoning ordinance of the City.

Section 10-136. Downtown economic entertainment district zone employee and

volunteer permits.

 

For licenses authorizing the service of intoxicating liquor, malt liquor, light wine and nonintoxicating beer by the drink for retail from one or more portable bars within the promotional association sub-zones of the downtown economic entertainment district it shall be unlawful for any person under the age of 21 to directly participate in the service, delivery or dispensation of intoxicating liquor, malt liquor, light wine and nonintoxicating beer pursuant to sections 10-181, 10-291, 10-292 of this chapter.
Additionally, it shall be unlawful for any person to act in the capacity of but not limited to, bartender, waiter, waitress, doorman, or other person responsible for checking identification cards to determine age unless the person is holding a valid employee permit issued by the Director.

 

_____________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Kathy K. Adams

Assistant City Attorney