ORDINANCE NO. 120634

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-214, Consents required, and enacting in lieu thereof a new section of like number and subject matter which gives condominium unit owners a greater voice in the liquor license process.

 

WHEREAS, a condominium currently receives a single vote regardless of the number of unit owners; and

 

WHEREAS, unit owners of a condominium are most generally permanent residents of the neighborhood where property owners of commercial property most generally do not reside on the commercial property; and

 

WHEREAS, the number of condominiums in Kansas City, Missouri have greatly increased over the past 10 years; and

 

WHEREAS, there are portions of the city such as the crossroads and plaza where that have a large number of condominiums and it is those residents that largely make up the immediate neighborhood; 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 Section 10-214, Consents required, and enacting in lieu thereof a new section of like number and subject matter to read as follows:

 

Sec. 10-214. Consents required.

 

(a) Consent of neighboring property owners. No sales-by-drink, C.O.L. or sales-by-package alcoholic beverage license shall be issued for any premises as further described in this section unless the applicant shall, within 45 days of the filing of the application, furnish to the director, consent forms signed from a majority of eligible consenters as defined in this chapter from a minimum of 15 property parcels 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 250 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. For any premises that does not either intersect or include the boundaries of a minimum of 15 property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1,500 feet until the premises is intersected by or within the boundaries of a minimum of 15 property parcels. The center of the door for the main entrance to the premises shall be determined by the entrance most used by the public frequenting the establishment. The applicant must provide a notarized statement that all consent forms submitted to the director are from the property owners or tenants, as described in this section, that have been identified as eligible consenters. The consent requirement provided in this section shall apply to:

 

(1) Any new premises;

 

(2) Any premises that was previously licensed;

 

(3) The expansion of any licensed premises;

 

(4) Not withstanding any other section of this chapter, any previously licensed or permitted premise where the license or permit was revoked;

 

(5) Any licensed premises, including but not limited to a restaurant, tavern, hotel, bowling alley, grocery store, convenience store, that changes the type of business that was originally approved by the director;

 

(6) Any premises intending to provide live entertainment as outlined in section 10-332 of this chapter; and

 

(7) Any change in ownership of a licensed premises that meets the requirements outlined in section 10-266 of this chapter,

 

(b) An applicant required to submit consents to the director shall furnish 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. An eligible consenter who originally gave their consent for a liquor license may withdraw their consent but only during the consent period by notifying the director in writing stating their desire to withdraw their consent. If an eligible consenter chooses to abstain from giving their consent, they will not be included in the total number of eligible consenters for which the applicant must obtain consents; however, the applicant must furnish a signed consent form from the property owner indicating that they have chosen to abstain from the consent process. For purposes of this section, a condominium as defined in this chapter that has less than five unit owners shall be considered as a single property parcel entitled to a single consent, which consent shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has between five and 15 unit owners shall be considered as a single property parcel entitled to two consents which shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has more than 15 unit owners shall be considered as a single property parcel entitled to three consents which shall be validated only if a majority of the condominium unit owners give their consent. 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 the property owner under the following conditions:

 

(1) That the tenancy is for a term not less than one year; and

 

(2) That 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

 

(3) 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 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, then 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.

 

(c) Notification of application. The director shall mail written notification of the filing an application for a license under this section to all eligible consenters identified for the application and owners of property parcels located in Kansas City, Missouri 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 350 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. The director shall mail written notification of the filing of an application for a license under this section to all 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. The director will mail consent forms to the applicant at the same time the director mails the written notification of application to the eligible consenters and the appropriate registered neighborhood associations.

 

(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.

 

(e) Within 45 days of the filing of an application for a retail sales-by-drink, C.O.L. or sales-by-package license, if the owners of not less than 50 percent of the property parcels wholly within or intersected by a radius of 350 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises file with the director a petition requesting a hearing before the director on whether the issuance of the license or sales permit will be in the best interests of the locality involved, then the director shall notify the applicant and property owners of the date, time and place of a hearing to determine the issue based on the factors set forth in section 10-241 of this chapter. 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, and the director has granted the applicant one extension of time for furnishing consents under this section up to an additional 45 days, then the director shall allow the same amount of additional time to file a petition under this subsection.

 

(f) The radius of 250 feet provided in subsection (a) of this section shall be increased to 500 feet for sales-by-package alcoholic beverage licenses for malt liquor or nonintoxicating beer in the original package if the applicant invokes the exemption from the density provisions contained in section 10-211(2)c of this chapter.

 

(g) Failure to obtain consents. The director shall not accept an application for a premise where any applicant has failed to successfully complete the consent process two times within a 12-month period unless 12 months have passed from the date of the most recent denial by the director or withdrawal by an applicant of an application.

 

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Approved as to form and legality:

 

 

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Kathy Adams

Assistant City Attorney