ORDINANCE NO. 120150,
AS AMENDED
Amending Chapter 10, Code of
Ordinances, by repealing Section 10-211, Number of retail alcoholic beverage
licenses, and enacting in lieu thereof a new section of like number and subject
matter which will allow an applicant to apply for a sales-by-package liquor
license and bypass the density requirement along the block face frontage of E. 87th
Street from Blue River Road to the Kansas City Southern Railroad tracks.
WHEREAS, on
December 16, 2010, an exemption to the density requirement within the three
trails corridor area was made to encourage redevelopment within that area; and
WHEREAS, this
proposed ordinance amendment will extend the exemption along E. 87th Street to
include the block face frontage of the north side of E. 87th Street; 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 10-211, Number of retail alcoholic beverage
licenses, and enacting in lieu thereof a new section of like number and subject
matter, to read as follows:
Sec. 10-211. Number of retail
alcoholic beverage licenses.
The number of
alcoholic beverage licenses issued by the director shall be limited on the
following basis:
(1) Retail sales-by-drink licenses. For those certain real
properties that abut the right of way of Chouteau Traffic way from the
intersection with the north right of way line of Northeast Parvin Road on the
south to the intersection with the south right of way line of Russell Road on
the north, two retail sale-by-drink licenses may be issued for population of
zero to 1,500, and one additional sale-by-drink license may be issued for each
additional 1,500 population which exceeds the first 1,500 population, contained
within the entire boundaries of any United States census blocks located in the
city, and which census blocks are located wholly within or intersected by a
3,000-foot radius from a proposed licensed premise, as measured from the center
of the door to be used as the main entrance to the premise. For all other
census blocks located in the city, one retail sales-by-drink license may be
issued for population of zero to 1,500, and one additional retail
sales-by-drink license may be issued for each additional 1,500 population which
exceeds the first 1,500 population, contained within the entire boundaries of
any United States census blocks located in the city, and which census blocks
are located wholly within or intersected by a 3,000-foot radius from a proposed
licensed premise, as measured from the center of the door to be used as the
main entrance to the premise. For a premise that is currently in operation, the
center of the door for the main entrance to the premise shall be determined by
the entrance naturally used by the public frequenting the premise. The
applicant shall furnish to the director 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
premise. The limitations provided in this section shall not apply to:
a. Retail sales-by-drink licenses issued to hotels, apartment
hotels, motels, inns, lodges or similar places providing principally transient
residential accommodations and having at least 40 rooms for overnight
accommodation.
b. Retail sales-by-drink licenses issued to restaurant premises
where substantial quantities of food are served, as defined in this chapter.
The licensee of restaurant premise granted a license under this subsection
shall file with the director, on a form provided by him, a verified statement
showing the total amount of gross receipts, the total amount of gross receipts
from the sale of alcoholic beverages, and the total amount of gross receipts
from the sale of prepared meals and food made and consumed on the premise for
the 90-day period immediately following the date of the issuance of the
license, and thereafter for the 12-month period immediately preceding November
1 of each year. The statements shall be filed within 15 days after the
expiration of the 90-day period and with each annual renewal application. Upon
proper and sufficient evidence submitted to the director, the director shall
summarily cancel or refuse to renew the license upon the failure of the
licensed premise for a period of one year after issuance or renewal of the
license to maintain an average of 50 percent or more of its total gross
receipts in sales of prepared meals and food made and consumed on the premise.
Cancellation as provided in this subsection by the director of any license
issued under this subsection shall not be deemed a revocation and shall not
disqualify the licensee from applying for and receiving any license granted
under the provisions of this chapter. The cancellation shall be appealable to
the board in the manner set forth in section 10-62(b) of this chapter.
c. Retail sales-by-drink
licenses issued to theatres registered as nonprofit organizations where live
performances are given on a regular basis.
d. Sales-by-drink premises located wholly within the following
described locations:
(i) That area bounded by, including and beginning from the
intersecting point of the block face frontage of the west side of Broadway
Boulevard and including the block face frontage of I-70 on the north, thence
east along the block face frontage of I-70 on the north to the intersecting
point of and including the block face frontage of the east side of Cherry
Avenue, thence south along the block face frontage of the east side of Cherry
Avenue to the intersecting point of and including the block face frontage of
the south side of 8th Street, thence east along the block face frontage of the
south side of 8th Street to the intersecting point of and including the block
face frontage of the east side of Holmes Avenue, thence south along the block
face frontage of the east side of Holmes Avenue to the intersecting point of
and including the block face frontage of the south side of 24th Street, thence
west along the block face frontage of the south side of 24th Street to the
intersecting point of and including the block face frontage of the west side of
Broadway Boulevard, thence north along the block face frontage of the west side
of Broadway Boulevard to the intersecting point of and including the block face
frontage of the west side of Broadway Boulevard and the block face frontage of
I-70 on the north and 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 and
that area bounded by and beginning at the intersection of the west city limit
and the south bank of the Missouri River, thence south along the west boundary
of the city limit to the intersection with the north right of way line of 25th
Street, thence east along the north right of way line of 25th Street to the
intersection with the west right of way line of Allen Road, thence generally
north along the west right of way line of Allen Road to the intersection with
the west right of way line of Holly Avenue, thence north along the west right
of way line of Holly Avenue to the intersection with the west right of way line
of Beardsley Road, thence north along the west right of way line of Beardsley
Road to the intersection with the north right of way line of 6th Street, thence
east along the north right of way line of 6th Street to the intersection with
the west right of way of Broadway Avenue, thence north along the west right of
way line of Broadway Avenue to the intersection with the south bank of the
Missouri River, thence west along the south bank of the Missouri River to the
point of beginning.
(ii) The east and west sides of N.W. Prairie View Road, north of
N.W. Barry Road extending north to Missouri Highway 152, on the north and south
sides of N.W. Prairie View Road, west of the intersection of Interstate 29 and
Highway 152 extending west to N. Congress Avenue, and at the southwest corner
of Highway 152 and N. Congress Avenue.
(iii) The area bounded by Guinotte Avenue on the south, North
Montgall Avenue on the west, Rochester Avenue on the north and North Chestnut
Traffic way on the east.
(iv) That area bounded by Tiffany Springs Road on the north,
Interstate 29 on the west, Missouri Highway 152 on the south and N. Ambassador
Drive on the east.
(2) Retail sales-by-package licenses. Two retail sale-by-package
licenses may be issued for population of zero to 1,500, and one additional
sale-by-package license may be issued for each additional 1,500 population
which exceeds the first 1,500 population, contained within the entire
boundaries of any United States census blocks located in the city which abut
the city limits of Kansas City, Missouri, and which census blocks are located
wholly within or intersected by a 3,000-foot radius from a proposed licensed
premise, as measured from the center of the door to be used as the main
entrance to the premise. For all other census blocks located in the city that
do not abut the city limit lines as described above, one retail sale-by-package
license may be issued for population of zero to 1,500, and one additional
sale-by-package license may be issued for each additional 1,500 population
which exceeds the first 1,500 population, contained within the entire
boundaries of any United States census blocks located in the city, and which
census blocks are located wholly within or intersected by a 3,000-foot radius
from a proposed licensed premise, as measured from the center of the door to be
used as the main entrance to the premise. For a premise that is currently in
operation, the center of the door for the main entrance to the premise shall be
determined by the entrance naturally used by the public frequenting the
premise. The applicant shall furnish to the director 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 premise. The limitations provided in this section shall not apply to a
liquor license applicant who meets any of the following criteria:
a.
If an applicant proposes to operate a retail sales-by-package premise and
the size of the building is not less than 5,000 square feet and an average of
70 percent or more of its total gross receipts, other than receipts from the
sale of motor vehicle fuel, are from sales of inventory excluding alcoholic
beverages. The licensee of a retail sales-by-package premise granted a license
under this subsection shall file with the director, on a form provided by him,
a verified statement showing the total amount of gross receipts, other than
receipts from the sale of motor vehicle fuel, the total amount of gross
receipts from the sale of alcoholic beverages, and the total amount of gross
receipts from the sale of inventory exclusive of alcoholic beverages made on
the premise for the 90-day period immediately following the date of the
original issuance of the license, and thereafter for the 12-month license period.
The statements shall be filed within 15 days after the expiration of the 90-day
period and with each annual renewal application for a retail sales-by-package
license. Upon proper and sufficient evidence submitted to the director, the
director shall summarily cancel or refuse to renew the license upon the failure
of the licensed premise for a period of 1 year after original issuance or
renewal of the license to maintain a building of not less than 5,000 square
feet; or upon the failure to maintain an average of 70 percent or more of its
total gross receipts, other than receipts from the sale of motor vehicle fuel,
from sales of inventory excluding alcoholic beverages. Cancellation as provided
in this subsection by the director of any license issued under this subsection
shall not be deemed a revocation and shall not disqualify the licensee from
applying for and receiving any license granted under the provisions of this
chapter. The cancellation shall be appealable to the board in the manner set
forth in section 10-62(b) of this chapter.
b. If an applicant proposes to
operate a retail sales-by-package premise and the
3000 foot radius, as measured from the center of the door for the main entrance
of the premise as determined by the entire boundaries of any United States
census blocks located in the city and which census blocks are located wholly
within or intersected by the radius, has a population of 750 or less.
c. If an applicant proposes to operate a retail sales-by-package
premise located wholly within the following described locations:
(i) That area bounded by, including and beginning from the intersecting
point of the block face frontage of the west side of the Broadway Bridge and
the south bank of the Missouri River, thence east along the south bank of the
Missouri River to the intersecting point of and including the west side of the
Heart of America Bridge, thence south along the block face frontage of the west
side of the Heart America Bridge to the intersecting point of and including the
block face frontage of the north side of I-70 on the north, thence east along
the block face frontage of the north side of I-70 on the north to the
intersecting point of and including the block face frontage of the east side of
Cherry Avenue, thence south along the block face frontage of the east side of
Cherry Avenue to the intersecting point of and including the block face
frontage of the south side of 8th Street, thence east along the block face
frontage of the south side of 8th Street to the intersecting point of and
including the block face frontage of the east side of Holmes Avenue, thence
south along the block face frontage of the east side of Holmes Avenue to the
intersecting point of and including the block face frontage of the south side
of 24th Street, thence west along the block face frontage of the south side of
24th Street to the intersecting point of and including the block face frontage
of the west side of Broadway Boulevard, thence north along the block face
frontage of the west side of Broadway Boulevard to the intersecting point of
the west side of the Broadway Bridge and the south bank of the Missouri River.
(ii) That area bounded by Forester Road on the north, Mulberry
Street on the east, St. Louis Avenue on the south and Hickory Street on the
west.
(iii) The east and west sides of N.W. Prairie View Road, north of
N.W. Barry Road extending north to Missouri Highway 152, on the north and south
sides of N.W. Prairie View Road, west of the intersection of Interstate 29 and
Highway 152 extending west to N. Congress Avenue, and at the southwest corner
of Highway 152 and N. Congress Avenue.
(iv) That area bounded by Tiffany Springs Road on the north,
Interstate 29 on the west, Missouri Highway 152 on the south and N. Ambassador
Drive on the east.
(v) That area bounded by 79th Street on the north, State Line
Road on the west, 81st Street on the south and Ward Parkway on the east.
(vi) That area bounded by West 85th Terrace on the
north, State Line Road on the west, West 89th Street on the south
and Ward Parkway on the east.
(vii) That area bounded by, including and beginning from the
intersecting point of the block face frontage of the east side of Blue Ridge
Boulevard and East Bannister Road, thence west along East Bannister Road to the
intersecting point of Hillcrest Road, thence west along and including the block
face frontage of the south side of east Bannister Road to the intersecting
point of Hickman Mills Drive, thence northwest along Hickman Mills Drive to the
intersecting point of Blue River Road, thence northeast along Blue River Road
to the intersecting point of East 87th Street, thence east along and
including the block face frontage of the north side of East 87th
Street to the intersecting point of the Kansas City Southern Railroad tracks,
thence south along the Kansas City Southern Railroad tracks to the intersecting
point of East 93rd Street, thence east along East 93rd
Street to the intersecting point of and including the block face frontage of
the east side of Old Santa Fe Road, thence south along the block face frontage
of the east side of Old Santa Fe Road to the intersecting point of and
including the block face frontage of the east side of Blue Ridge Boulevard,
thence south along the block face frontage of the east side of Blue Ridge
Boulevard to the intersecting point of East Bannister Road.
d. If an applicant proposes to operate a retail sales-by-package
premise for the sale of malt liquor or nonintoxicating beer in the original
package if the premise is located so that no residentially zoned property is
within a radius of 600 feet from the premise as measured from the center of the
door for the main entrance to the premise, and 80 percent or more of the gross
sales on the premise are nonalcoholic beverage sales, and the applicant
furnishes to the director, signed consents from the owners of a majority of
property parcels under the provisions of section 10-214 of this chapter,
provided that the applicable radius to determine eligible consenters for this
exemption from the requirements of this section shall be 500 feet.
(3) If an applicant proposes to operate a retail sales-by-package
premise and the size of the building is less than 5,000 square feet or the
business does not generate 70 percent or more of its total gross receipts,
other than receipts from the sale of motor vehicle fuel, from sales of
inventory excluding alcoholic beverages, then all retail sales-by-package
premises with a building size greater than 20,000 square feet and an average of
80 percent or more of total gross sales from inventory excluding alcoholic
beverages will not be included in the total number of retail sales-by-package
licenses located wholly within or intersected by a 3,000 foot radius from the
applicant’s current or proposed licensed premise.
(4) The determination of population contained within the entire
boundaries of any United States census blocks located in the city, and which
census blocks are located wholly within or intersected by a 3,000-foot radius
as measured from the center of the door of the main entrance of a proposed
sales-by-drink or sales-by-package premise, shall be made by adding the total
population as determined by the most recent U.S. Decennial Census or, at the
applicants choice, by requesting from the City Planning and Development
Department of Kansas City, Missouri, the Kansas City Population Update Report
prepared and signed by the city's planning and development department to
determine population that is contained within the entire boundaries of each
such United States census block. The determination of the number of licenses of
a specific category located within the entire boundaries of any United States
census blocks located in the city, and which census blocks are located wholly
within or intersected by a 3,000-foot radius as measured from the center of the
door of the main entrance of a proposed sales-by-drink or sales-by-package
premise, shall be made by adding the total number of such licenses located
within the entire boundaries of each such United States census block, but
excluding those licenses exempted under (1)a., (1)b., and (1)c., located within
the entire boundaries of each such United States census block. In connection
with any application for a new license regulated under this section, for the
purposes of determining the number of licenses in the categories regulated
under this section, contained within the entire boundaries of any United States
census blocks located in the city, and which census blocks are located wholly
within or intersected by a 3,000-foot radius from a proposed licensed premise,
as measured from the center of the door for the main entrance to the premise,
all such city licenses existing at the time of the determination by the
director, whether serving a suspension, under an order of nonrenewal, under an
order of suspension or revocation, or under investigation for, subject to or
charged with disqualification from holding a license or a violation of the
provisions of this chapter, shall be included in the calculation unless the
nonrenewal or revocation is final with all rights of appeal foreclosed.
(5) If the total number of sales-by-drink or sales-by-package
licenses herein issued at the time this chapter becomes effective exceeds the
number authorized for that category of license, those licenses, if they meet
all other requirements, shall be entitled to renewal on an annual basis. If a
license is not renewed or ceases to fulfill all other requirements of this
chapter and is thereafter terminated or canceled or expires, then an
application for a new license for the previously licensed premise shall be
required to fulfill all conditions of this chapter for an original license,
including but not limited to the provisions of section 10-211 limiting the
number of licenses. Additional licenses in a category shall not be issued until
the time as the respective population ratios as calculated and determined under
this section exceed the populations provided herein. A new license in a
category, if the application meets all other requirements of this chapter, may
be issued for a vacancy created by bona fide purchase or transfer of a license
to a new premise located in a census block wholly within or intersected by a
3,000-foot radius from the existing licensed premise, as measured from the
center of the door for the main entrance to the premise, so long as an
application for a new license is filed within 12 months from the date of bona
fide purchase or transfer. A licensee whose license has been surrendered,
canceled or not renewed as a result of the transfer of the real property where
the premise is located to an entity that has the power of eminent domain, and
who files an application for a new license within 12 months from the date of
the transfer of the real property shall be exempt from the requirements of this
section with respect to a new location, but the licensee shall meet all other
requirements of this chapter. For the purposes of this chapter, the center of
the door for the main entrance to the premise shall be determined by the
entrance naturally used by the public frequenting the establishment who shall
furnish to the city 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 premise.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney