ORDINANCE
NO. 160774
Amending Chapter 10, Code of
Ordinances, by repealing Section 10-102, Eligibility and requirements for sales
by drink license, and enacting in lieu thereof a new section of like number and
subject matter which replaces language that was inadvertently removed from this
section.
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 10-102, Eligibility and requirements for sales by drink
license, and enacting in lieu thereof a new section of like number and subject
matter. to read as follows:
Sec. 10-102. Eligibility and
requirements for sales by drink license.
(a) A full
sales-by-drink license authorizes the licensee to sell all kinds of alcoholic
beverages by the drink for consumption on the licensed premises and to sell
alcoholic beverages in the original package on the licensed premises. Each
license shall be further classified into one of the sales-by-drink classifications
set forth in this chapter.
(b) Unless
otherwise stated in this section, a sales-by-drink license may only be issued
to a licensee or applicant when liquor-by-drink sales or projected sales are
over 60 percent of all liquor sales. No sales-by-drink license authorized under
sections 10-102, 10-103, 10-104, 10-105, 10-106, 10-107, 10-108, 10-109 and
10-110 of this chapter shall be issued to any of the following businesses:
(1) Drugstore which as used in this section is
defined as a retail store centrally featuring a pharmacy that dispenses prescription
medication and sells over-the-counter medications as well as other
miscellaneous items which includes but is not limited to products such as
candy, cosmetics, cleaning supplies, light refreshments, magazines and paperback books.
(2) Cigar and tobacco store which as used in
this section is defined as a retail store of
tobacco products which primarily specializes in selling various forms of
tobacco and tobacco accessory products which includes but is not limited to pipes, lighters, matches, pipe cleaners, and
pipe tampers.
(3) Grocery store where the building is less
than 15,000 square feet. Any grocery store that has a sales-by-drink license is
not required to have liquor-by-drink sales or projected sales over 60 percent
of all liquor sales. A grocery store which as used in this section is defined
as a retail store that primarily sells food.
(4) Convenience-grocery store which as used in
this section is defined as a
small retail business that primarily stocks a range of everyday items which
includes but is not limited to groceries, snack foods, confectionery, toiletries, soft drinks, tobacco products, magazines and
newspapers.
(5) General merchandising store which as used
in this section is defined as a retail business
that sells a number of lines of merchandise which may include but is not
limited to dry goods, apparel and accessories, furniture and home furnishings,
small wares, hardware, toys, automotive products and food.
(6) Confectionery store which as used in this
section is defined as a retail business that primarily sells bakers and sugar
confections which includes but is not limited to sweets, candies, candied nuts,
chocolates, chewing gum, pastillage, sweet pastries, cakes and other baked
goods.
(7) Liquor store which as used in this section
is defined as a retail business that primarily sells pre-packaged alcoholic
beverages.
(8) Any convenience grocery store that sells
gasoline, a gasoline service station or motor vehicle repair garage.
(c) A caterer with
a full sales-by-drink license authorizes the caterer to sell all kinds of
alcoholic beverages by the drink for consumption away from the licensed
premises at other premises approved by the director. Each license shall be
further classified into one of the sales-by-drink classifications set forth in
this chapter.
(d) A wine
manufacturer may apply for a full sales-by-drink license which authorizes the
licensee to sell all kinds of alcoholic beverages by the drink for consumption
on the premises where sold, if the premises so licensed is in close proximity
to the winery. The licensed premises pursuant to this subsection shall also be
exempt from the provisions of section 10-211 provided that the licensed
premises are located in or upon the premises of a manufacturing facility and
the manufacturing facility produces no less than 10,000 barrels of any kind of
alcohol per annum. Each license shall be further classified into one of the
sales-by-drink classifications set forth in this chapter.
(e) A licensee
holding a current full original package sales license or an applicant who is
eligible under section 10-211(2) of this chapter to receive a full original
package sales license may apply for a sales-by-drink specialty license which
will authorize the licensee to sell alcoholic beverages in the original package
and light wine by the drink for consumption on the premises as long as the
following criteria are met:
(1)
The licensee must follow all sections of the ordinance that apply to a
sales by drink licensed premises as outlined in this chapter; and
(2)
The licensee must meet the consent requirement as outlined in section
10-214 of this chapter; and
(3)
The only type of alcoholic beverages the licensee is permitted to sell
or serve is light wine by the drink in a serving size not to exceed five
ounces; and
(4)
The licensee will not allow any form of entertainment on the premises as
outlined in section 10-332 of this chapter; and
(5)
The licensee will be prohibited from licensing any exterior part of the
premises; and
A licensee that
holds a sales-by-drink specialty license will be treated as a retail sales-by
package license holder under section 10-211(2), for density purposes, of this
chapter.
(f) A manufacturer
or microbrewery, as defined in this chapter, may apply for a sales-by-drink
license which authorizes the licensee to sell only those alcoholic beverages by
the drink or by the package that are manufactured on the licensed premises and
will not be required to meet a minimum percentage of liquor-by-drink sales or
projected sales as required in subsection (b) of this section. Each license
shall be further classified into one of the sales-by-drink classifications set
forth in this chapter.
(g) A manufacturer or
microbrewery, as defined in this chapter, may apply for a sales-by-drink license
which authorizes the licensee to sell only those alcoholic beverages by the
drink or by the package that are manufactured on the licensed premises and will
not be required to meet a minimum percentage of liquor-by-drink sales or
projected sales as required in subsection (b) of this section. Each license
shall be further classified into one of the sales-by-drink classifications set
forth in this chapter.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant
City Attorney