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Legislation #: 120006 Introduction Date: 2/2/2012
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS TAYLOR, CIRCO, REED, WAGNER AND SHARP
Title: Amending Chapters 10 and 76, Code of Ordinances, by repealing Sections 10-162, Forms and process, 10-214, Consents required, and 76-76, Contents of application, and enacting in lieu thereof new sections of like number and subject matter which no longer require that an application under these sections be notarized.

Legislation History
DateMinutesDescription
12/29/2011 Filed by the Clerk's office
2/2/2012 Referred to Public Safety & Emergency Services Committee
2/8/2012 Do Pass
2/9/2012 Assigned to Third Read Calendar
2/23/2012 Passed

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ORDINANCE NO. 120006

 

Amending Chapters 10 and 76, Code of Ordinances, by repealing Sections 10-162, Forms and process, 10-214, Consents required, and 76-76, Contents of application, and enacting in lieu thereof new sections of like number and subject matter which no longer require that an application under these sections be notarized.

 

WHEREAS, Regulated Industries Division does not have a need to continue the practice of notarizing any of these applications; and

 

WHEREAS, notarizing an application has been found to be an inconvenience to the applicant and adds an additional cost to the application process; and

 

WHEREAS, the practice of notarizing consent forms has also been determined, by Regulated Industries Division, to be unnecessary as the signed consent forms are verified by legal investigators employed by Regulated Industries Division; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapters 10 and 76, Code of Ordinances of the City of Kansas City, Missouri, are hereby amended by repealing Sections 10-162, Forms and process, 10-214, Consents required, and 76-76, Contents of application, and enacting in lieu thereof new sections of like number and subject matter to read as follows:

 

Sec. 10-162. Forms and process.

 

(a) Contents. Any person desiring to obtain a license or permit under the terms of this chapter shall make application therefor to the director, in writing. Each question in the application blank shall be considered material to the issuance of the license, and each question in the application shall be answered in full by the applicant. The applicant shall provide:

 

(1) The name and residential address of the applicant, and, 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. If the application is on behalf of a corporation, the date of incorporation, the state in which incorporated, the amount of paid-in capital, the amount of authorized capital, the names and residential addresses of the officers and directors, the name and address of the registered agent for the corporation and the names and addresses of all stockholders who hold 10 percent or more of the capital stock shall be provided. If the application is on behalf of a limited liability company, the date of organization, the state in which organized, a copy of the operating agreement required by the state to qualify as a limited liability company, the amount of paid-in capital, the amount of authorized capital, the names and residential addresses of all the members and the name and address of the registered agent for the company shall be provided.

 

(2) The place of birth of the applicant, and, if the applicant is a naturalized citizen, the date and place of naturalization.

 

(3) The names and business addresses of the applicant's employers for a period of five years prior to the application.

 

(4) A statement of whether or not the applicant has been convicted of a felony.

 

(5) A description and address of the proposed premises for which a license is sought.

 

(6) A statement of whether or not the proposed premises are within 300 feet of a school or church.

 

(7) The class of the license for which application is made.

 

(8) A statement of whether or not any distiller, wholesaler, winemaker, brewer, or supplier of coin-operated, commercial, manual or mechanical amusement devices, or the employees, officers or agents thereof, has any financial interest in the retail business of the applicant for the sale of alcoholic beverages, or C.O.L., and whether or not the applicant, either directly or indirectly, will borrow or accept from any person equipment, money, credit or property of any kind, except ordinary commercial credit for liquor sold.

 

(9) A complete description of the plans, specifications and fixtures in the applicant's proposed place of business, if the application is for a retail license; provided, however, that this shall apply only when application is for a new location or a change in the plans for specifications within a previously established location.

 

(10) A statement that the applicant will not violate any of the ordinances of the city, the laws of the state or the laws of the United States in the conduct of the business.

 

(11) A comprehensive and informative statement, as the director may deem necessary, to disclose the true ownership and management of the business.

 

(12) A statement from the commissioner of revenue that the applicant has paid all earnings and profits, convention and tourism and occupational license taxes due the city, including all penalties and interest, or does not owe any earnings and profits, convention and tourism and occupational license taxes to the city.

 

(13) A certificate from the directors of codes administration, fire, and health stating that with respect to the application the applicant is in compliance with the respective codes.

 

(14) 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 for applications for sales-by-drink, C.O.L. or sales-by-package alcoholic beverage licenses.

 

(15) An affidavit disclosing the name and residential address of any person(s) who may take part in the management and control of the business, whether directly or indirectly.

 

(16) Any additional information which the director may reasonably require to be fully informed for consideration of the issuance of a license or permit.

 

(b) Fingerprints and photographs. Every applicant for a license under this chapter and every person designated by an applicant as a managing officer for a business licensed under this chapter shall be fingerprinted by the director's agents or the city police department and shall furnish to the director two recent photographs, passport size, together with the application. If the applicant is a partnership, each partner that is an individual shall furnish a photograph and shall be fingerprinted, as directed in this subsection. If the applicant is a limited liability company, each member that is an individual shall furnish a photograph and shall be fingerprinted, as directed in this subsection. If the applicant is a corporation, the director, in his discretion, may make similar requirements of the officers, directors and shareholders holding more than a ten percent interest in the corporation.

 

(c) Execution by applicant. Application for a license under this chapter shall be made by the individual who is to be, in fact, actively engaged in the actual control and management of the particular beverage or C.O.L. establishment for which the license is sought.

 

(d) Additional information for caterer's permit. Applications for caterer's permits shall be filed with the director at least five calendar days prior to the scheduled function and the following shall accompany the application:

 

(1) Description of location, with specific defined areas set forth.

 

(2) Copies of contracts between the applicant and sponsor of the function, occasion or event and the contract between the applicant and the person controlling the premises upon which the function, occasion or event is to take place.

 

(3) Any other information pertinent to the application.

 

(e) Priorities for issuance to new applicants. Priority shall be given to new applicants for licenses under this chapter on the basis of the time the application is made. Any application which is incomplete for a period of 90 days after the date of filing with the director may be disapproved by the director. If an application is complete in all respects except for providing the director with certificates of compliance with building, fire, health and neighborhood codes, then the director may issue a letter notifying the applicant that the issuance of the license or permit will be approved contingent on providing the certificates to the director. The director may withdraw the letter if the director determines that the delay in obtaining the certificates is a direct result of the applicant's action or inaction. An aggrieved applicant may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter.

 

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 10-10-332 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 shall be considered as a single property parcel entitled to a single consent, which consent shall be validated if signed by the unit owners of a majority of the condominium units. 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. Each signature on a consent form shall be verified before a notary public.

 

(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.

Sec. 76-76. Contents of application.

 

Any person desiring to operate taxicabs, livery vehicles, sightseeing vehicles or pedicabs in the city shall make written application for such permits or the renewal thereof to the director and shall set forth the following:

 

(1) A full identification of the applicant and all persons interested in the permit, if granted, including the residence, business and email address of the applicant, and of all members of any firm, association or partnership, and of all principal shareholders, officers, directors and managers of any corporation applying;

 

(2) Whether or not the applicant, or any person listed in subsection (1) of this section, has been convicted of the violation of any federal or state felony or, within the previous 12 months, has been convicted of violating any provision of this code or has ever had a certificate or permit issued under this article revoked or suspended;

 

(3) Whether or not the applicant, or any person listed in subsection (1) of this section, has unpaid claims or unsatisfied judgments against him or it for damages resulting from the negligent operation of a vehicle;

 

(4) The past experience, if any, that the applicant has had in rendering such licensed service in the city, and the period of time that the applicant has rendered such service;

 

(5) Whether or not any such permit issued to the applicant by any other city has been revoked, and, if so, the circumstances of such revocation;

 

(6) The number of vehicles proposed to be operated and a complete identification of each, and a description of the proposed operations, including a schedule of proposed fares for livery, sightseeing or pedicab operation;

 

(7) If the application is for a taxicab permit, the arrangements to comply with the requirements of section 76-191(b) whereby the public will be able to secure transportation in the applicant's taxicabs and whereby such taxicabs will be dispatched;

 

(8) If the application is for a taxicab permit, the color scheme, name and characteristic insignia to be used to designate the taxicabs of the applicant as approved by the director;

 

(9) Such evidence and information of any kind tending to demonstrate that the permit being sought will be utilized in the applicant's business conducted in accordance with the provisions of this code; and

 

(10) Such further information as the director may reasonably require.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney