ORDINANCE NO. 080012
Amending Chapter 10, Code of
Ordinances, by repealing Section 10-105, General requirements for temporary and
annual catering permits, and enacting in lieu a new section of like number and
subject matter which further defines a temporary catered
event and adds additional criteria.
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 10-105, General requirements for temporary and
annual catering permits, and enacting in lieu a new section of like number and
subject matter, to read as follows:
Sec. 10-105. General
requirements for temporary and annual catering permits.
(a) Requirements.
(1) Eligibility. Only a
restaurant/bar or a caterer (as defined in this section) is eligible to receive
a catering permit. A catering permit may be issued for the following
types of events:
a. Any
outdoor catered event is eligible to be permitted.
b. An indoor catered event is eligible to be permitted if the
premises has a current city and state liquor license
c. For any premises that does not have a current city or state
liquor license, an indoor catered event is eligible to be permitted if:
i. The event is private and everyone in attendance is there by
invitation only and a copy of the pre-arranged invitation/guest list, which
lists each individuals name who was invited, is available on premises during
the catered event, and;
ii. There is no entry fee, admission charge, door charge,
ticket sales or donations taken of any kind to attend the catered event, and;
iii. The catered event is not advertised to the public at large
in any way.
(2) Application. Must be filed with the
Director at least five weekdays prior to the date that the scheduled function,
occasion, or event is to take place. After appropriate documentation is
received and reviewed by the Director, an approval letter maybe issued. The
approval letter is sent to the state via fax, electronic mail, carrier, or
postal mail. Upon receipt of all required documentation, including an approved
state catering license, the city may issue a catering permit. Failure to
provide any of this information will prevent the establishment from obtaining a
catering permit. It is mandatory that both a city permit and state license must
be available for display upon request of any law enforcement officer and/or
investigator designated by the director for any catered event.
(3) Contents of application. A
restaurant/bar or caterer desiring to obtain a temporary or annual permit under
the terms of this chapter shall make application to the director, in writing,
and under oath on a form created by the director. Each answer in the application
blank shall be considered material to the issuance of the license and the
applicant shall answer each question in the application in full. The applicant
shall provide:
a. The individual designated as the managing
officer or the individual in active control of the original liquor license
under this chapter shall make application for an annual or temporary catering
permit. This individual must provide the name and residential address of the
applicant. If the application is on behalf of a partnership, the names, and
residential addresses of all partners or any person who has a financial
interest in the partnership must be provided. If the application is on behalf
of a corporation the name and address of the corporation, and names and
residential address of individuals with more than ten percent interest in the
corporation must be provided.
b. A description and address of the proposed
restaurant/bar premises for which a license is sought or, in the case of a
caterer, where food and alcohol will be stored or prepared for off-premises
consumption to which the license will be attached.
c. A certificate from the directors of codes
administration, fire, and health stating that the catered location site
complies with respective codes.
d. The date, starting time and ending time of the
function, occasion, or event.
e. Security. A detailed description of what
security measures are for crowd control, which shall be approved by the
director of neighborhood and community services. Include the number of security
employees, as well as the number of commissioned security officers.
f. Portable toilets. For outdoor events, the
number of portable toilets available to all patrons, members, guests or
customers.
g. Traffic control plan. For outdoor events, a
plan must be approved by the city public works department and the city police
department.
h. A
copy of the state catering license.
i. Street closure. If a public street will be
blocked off for a function, occasion or event, a permit for a street closure
must be obtained from the public works department.
j. Any additional information, which the
director may reasonably require to be fully informed for consideration of the
issuance of a catering permit.
(4) Approval
letters.
a. Sponsor/property owner letter: A copy of the
approval letter between the property owner upon which the function, occasion or
event is to take place and the sponsor of the function, occasion or event must
be provided to the director with the application for a catering permit. The
letter must state the agreed upon date, starting and ending time, and the
actual location of the function, occasion, or event.
b. Caterer/sponsor letter: A copy of the
agreement letter between the city-licensed restaurant/bar or caterer applying
for the catering permit and the sponsor for the function, occasion, or event.
The letter must state the type of event being hosted.
(5) Diagram of the catered premises.
There must be a diagram of the premises, which includes a diagram of the areas
where the alcohol will be sold and consumed. If the event is to be held
outside, the diagram should show how the alcohol will be contained (a
description of the barriers used to enclose the area of the event). If there,
will be any outdoor seating, provide the location on the diagram and include a
measurement of the entire outside perimeter of the event and the locations of
portable toilets, traffic barriers and the number security officers
posted.
(6) Dance hall permit. If there will
be dancing at the event, a dance hall permit must be obtained by the
restaurant/bar or caterer from the director of neighborhood and community
services ($15.00 per day).
(7) Additional requirements. The
director may make additional requirements as needed.
(b) Limitations.
(1) An applicant who is granted a catering permit
shall staff the function, occasion or event with at least one employee from the
licensed restaurant-bar or caterer for that specific permitted event.
(2) All servers of alcohol at a catered function,
occasion or event must have an employee liquor permit from the city of Kansas City, Missouri.
(3) A catering permit shall only authorize the
sale of the same type of alcohol during the same operational hours as permitted
by the original license for the restaurant/bar or as authorized on the original
license for the caterer.
(4) Alcohol served at outdoor events must be
served in plastic containers. No glass bottles or cups.
(5) No catering permits will be issued for any
non-licensed premise when the director determines that the intent is to operate
as a venue holding a permanent liquor license.
(6) No catering permit will be issued for any non-licensed
premise that has made application for a city liquor license and is currently in
the consent process.
(7) A catering permit for any function, occasion or event held
outdoors must have a sufficient number of restroom facilities or portable
toilets for all persons expected to attend the event as determined by the
Director.
(8) Additional limitations may be required at the
sole discretion of the director.
(9) An application for a catering permit may be
denied at the sole discretion of the director.
(c) Specific
requirements for a temporary catering permit.
(1) Temporary catering permits shall be effective
for a period not to exceed 120 consecutive hours.
(2) A maximum of four temporary catering permits
may be issued during the sale or transfer of an existing license.
(3) The
temporary catering permit fee is $15.00 a day.
(d) Specific
requirements for an annual catering permit.
(1) An annual catering permit allows a city
licensed restaurant/bar or caterer to hold an unlimited number of catering
events annually.
(2) A catering event notification form, as
supplied by the Director, must be completed and submitted by the restaurant/bar
or caterer a minimum of five business days in advance of the scheduled
function, occasion or event.
(3) A restaurant/bar must have been in business
for two or more continuous years from the date of application. A caterer must
have been in business for six or more continuous months from the date of
application.
(4) The restaurant/bar or caterer must be in Good
Standing with the city, defined by not having liquor code violations throughout
the prior two-year period previous to the date of application.
(5) The annual catering permit fee is $1,500.00.
The application fee is $500.00. The fees cover the various costs incurred by
the city for investigations and processing, therefore, the fees are not
refundable.
(e) Violations.
Any violation of the provisions set forth in chapter 10 of the Code of
Ordinances of the city by a person holding a catering permit, or his employee,
agent or servant, while operating under a catering permit which occurs on the
premises being catered, shall cause the permittee and his employee, agent, or
servant to be subject to administrative action by the director and prosecution
as provide by chapter 10 as though the violation had occurred on the permittees
original licensed premises.
(f) Effect
of denial of permit. If the application is denied, an application to
protest the denial may be submitted to the director as referred to in chapter
10 of the ordinances.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney