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Legislation #: 080164 Introduction Date: 2/14/2008
Type: Ordinance Effective Date: 3/16/2008
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing Section 10-212, Distance from churches or schools, and enacting in lieu thereof a new section of like number and subject matter which allows a church or school to approve a liquor establishment closer than 300 feet.

Legislation History
DateMinutesDescription
2/12/2008 Filed by the Clerk's office
2/14/2008 Referred to Public Safety and Neighborhoods Committee
2/27/2008 Do Pass
2/28/2008 Assigned to Third Read Calendar
3/6/2008 Passed

View Attachments
FileTypeSizeDescription
080164.pdf Authenticated 155K Authenticated
080164-Overhaul of Church _ School.xls Fact Sheet 455K Fact Sheet
080164com.doc Advertise Notice 38K compared version
10-212 - Overhaul of Church _ School.xls Fact Sheet 455K 10-212 - Overhaul of Church/School

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ORDINANCE NO. 080164

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-212, Distance from churches or schools, and enacting in lieu thereof a new section of like number and subject matter which allows a church or school to approve a liquor establishment closer than 300 feet.

 

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 10-212, Distance from churches or schools, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 10-212. Distance from churches or schools.

 

(a) No alcoholic beverage license shall be issued for any location when the premises are within 300 feet of a school or church, measured from the nearest point of the enclosing wall of the premises to the nearest point of a church or school as defined in this chapter. However, if a dwelling is the site of a proposed catered function, occasion or event, the requirements for the distance from any school or church is reduced to within 100 feet from the church or school. This provision shall not prohibit a church or school, meeting the requirements of this chapter, from holding a catered function, occasion or event on the property of the school or church.

 

(b) No alcoholic beverage license shall be issued for the expansion of any existing premises within 300 feet of a school or church, measured from the nearest point of the enclosing wall of the premises to the nearest point of the church or school as defined in this chapter.

 

(c) The property for a licensed premises situated thereon, legally established within 300 feet of a church or school prior to the adoption of this chapter, shall remain eligible for the location of a licensed premises within 300 feet of the church or school under the following conditions:

 

(1) The licensed premises must have been legally established within 300 feet of a church or school prior to the adoption of this chapter, and

 

(2) An application for a new license for the premises must be filed within 120 days from the latter date that:

 

a. The licensee surrenders the license, or

 

b. The date that the license is canceled, terminated or revoked by the city, or

 

c. The date that the licensee cancels, terminates or abandons the lease, and

 

(3) A relocation of the original premises to another location on the property shall not be permitted; and

 

(4) Changes from an existing retail sale-by-drink license to any other license classification, or from an existing sale-by-package license to any other license classification, or from any other classification of license issued under this chapter to another license classification shall not be permitted, and

 

(5) All other requirements for licensing a premises under this chapter are met.

 

(d) The provisions of section 10-212(a) shall not apply for the location of a proposed premises for a restaurant-bar sale-by-drink establishment if the proposed premises is located in an area of the city zoned C3a2 as of the effective date of the ordinance enacting this subsection.

 

(e) The provisions of section 10-212(a) relating to the distance from churches but not schools shall not apply for the location of a proposed premises in a planned district defined in sections 80-272 through 80-281 of the Code of Ordinances, which includes a church as part of a development plan approved by the city

 

(f) The provisions of section 10-212(a) relating to the distance from churches but not schools shall not apply for the location of a proposed premises in a general planned development district defined in chapter 80 of the Code of Ordinances:

 

(1) Which is zoned either GP2 or GP3 and is also zoned either GP-4 or GP-5 and which has been merged into a single zone on the basis of an appropriate integrated design plan; and

 

(2) Which includes a church as part of a development plan approved by the city council.

 

(g) The provisions of subsections 10-212(a) and (b) shall not apply for the location of a proposed premises provided that each of the following conditions are satisfied notwithstanding any other provisions of this chapter to the contrary:

 

(1) The managing authority from any church or school is only allowed to consider if they would have no objection to a liquor-by-the drink or a liquor-by-the package premises who would locate between 100 feet and 300 feet of their church or school as measured from the nearest point of the enclosing wall of the premises to the nearest point of the church or school as defined in this chapter.

 

(2) The licensee of such premises must submit, to the Director, a written and notarized statement from the Managing Authority from any church or school that is located within 300 feet of a church or school stating that they have no objections to a liquor-by-the drink or a liquor-by-the package facility obtaining a liquor license.

 

(3) A liquor-by-the drink establishment shall be a restaurant or similar facility and shall derive 50 percent or more of its annual gross sales from the sale of prepared meals and food made and consumed on the premises. For the purposes of calculating the amount and percentage of annual gross sales from the sale of prepared meals and food, any nonalcoholic components mixed or served in any alcoholic beverage shall be considered to be part of the alcoholic beverage and shall not be considered to be prepared meals and food.

 

(4) No liquor-by-the drink establishment that is located within 300 feet of a church or school shall be issued an extended hours license;

 

(5) No liquor-by-the drink or liquor-by-the package establishment shall employ loudspeakers or any other amplifying device on the exterior of its premises for any purpose other than soft background music;

 

(6) No liquor-by-the drink or liquor-by-the package establishment shall allow any form of live entertainment, as described in section 10-332 of this chapter, upon such premises.

 

(7) Any premises licensed under the provisions of this subsection will be required to follow all of the conditions of this subsection as long as they are located within 300 feet of an active church or school.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney