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Legislation #: 200378 Introduction Date: 5/14/2020
Type: Ordinance Effective Date: none
Sponsor: MAYOR LUCAS, COUNCILMEMBERS BOUGH AND BUNCH
Title: Temporarily suspending the enforcement of Section 10-332(d), “Serving or delivering in vehicles,” Section 10-340, “Orders or sales off licensed premises,” and Section 10-341, “Contents of bottle, cans, containers; prima facie evidence,” of the Code of Ordinances. 

Legislation History
DateMinutesDescription
5/14/2020 Filed by the Clerk's office
5/14/2020 Referred to Neighborhood Planning and Development Committee
5/20/2020 Advance and Do Pass as a Committee Substitute, Debate
5/21/2020 Passed as Substituted

View Attachments
FileTypeSizeDescription
200378.pdf Authenticated 76K Authenticated Ordinance
Fw Temporary Alcohol Ordinances.msg Advertise Notice 90K Public Testimony - Bill Teel
200378 cs to org ord-com.docx Compared Version 23K Colored Compared Version

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 200378

 

Temporarily suspending the enforcement of Section 10-332(d), “Serving or delivering in vehicles,” Section 10-340, “Orders or sales off licensed premises,” and Section 10-341, “Contents of bottle, cans, containers; prima facie evidence,” of the Code of Ordinances. 

 

WHEREAS, the COVID-19 virus spreads between people who are in close contact with one another; and

 

WHEREAS, on March 16, 2020, and in accordance with the latest CDC guidelines announced by the President, Mayor Lucas updated his Proclamation to disallow gatherings or events with more than 10 persons; and

 

WHEREAS, on March 21, 2020, Mayor Quinton Lucas issued an Amended Emergency Proclamation and Second Amended Order 20-01, also known as the Stay-At-Home order, and an Order mandating that the Director of Neighborhoods and Housing Services take no enforcement action regarding certain provisions related to delivery of alcoholic beverages; and

 

WHEREAS, on May 11, 2020, Mayor Lucas issued a Sixth Amended Order 20-01 to supersede all prior orders and to begin reopening Kansas City businesses; and

 

WHEREAS, the City of Kansas City has the authority to regulate the manufacture, sale, and consumption of alcoholic beverages within the City, and the City has exercised this authority by enacting Chapter 10, “Alcoholic Beverages,” of the Code of Ordinances; and

 

WHEREAS, restrictions imposed to prevent the spread of COVID-19 have impacted retailers of alcoholic beverages; and

 

WHEREAS, the City Council wishes to reduce some of the burdens that current restrictions impose on retailers of alcoholic beverages; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That enforcement of Section 10-332(d), “Serving or delivering in vehicles,” and Section 10-340, “Orders or sales off licensed premises,” is temporarily suspended provided that the following conditions are met.

 

(1)               The delivery was not received by a person under 21 years of age.

 

(2)               The alcoholic beverage was contained in a closed package or container.

 

(3)               The delivery was within a designated “to go” parking stall or similar location, which was located within a 50-foot radius of the entrance to the licensed premises, or, if the road abutting the entrance was closed, within a 50-foot radius of the nearest point accessible by motor vehicle;

 

(4)               The alcoholic beverage was delivered on or before December 31, 2020; and

 

(5)               The sale complied with all other applicable provisions of the City Code and regulations.

 

Section 2. That enforcement of Section 10-341, “Contents of bottle, cans, containers; prima facie evidence,” provided that the following conditions are met.

 

(1)               The alcoholic beverage was served in a durable, leak-proof, and sealable container that met the minimum size requirements outlined in 11 CSR 70-2.010(5);

 

(2)               The alcoholic beverage was ordered and purchased simultaneously with a meal;

 

(3)               The patron was provided with a dated receipt for the alcoholic beverage;

 

(4)               The sealed alcohol container was either:

 

a.                   Placed in a one-time-use, tamperproof, transparent bag which was securely sealed; or

 

b.                  The container opening was sealed with tamperproof tape;

 

(5)               The alcoholic beverage was delivered on or before December 31, 2020; and

 

(6)               The sale complied with all other applicable provisions of the City Code and regulations.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Emalea Black

Assistant City Attorney