ORDINANCE NO. 110136,
AS AMENDED
Amending Chapter 10, Code of Ordinances, by amending section
10-214, consents required and section 10-215, consents not required, for the
purpose of requiring an applicant to obtain consents from a majority of
eligible consenters for any premise located anywhere in the city where a liquor
license or permit has been revoked.
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 10-215, Consents not
required, and enacting in lieu thereof new sections 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
and notarized 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 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previously licensed or permitted premise where the license or permit was
revoked;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 and notarized 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 twelve month period unless twelve months have passed
from the date of the most recent denial by the director or withdrawal by an
applicant of an application.
Sec. 10-215. Consents
not required.
(a) No
signed consents as required by section 10-214(a) shall be required for the
following:
(1) Restaurants, office buildings, or
high-density office building. If the proposed premises is in a dining
room, restaurant, lounge of any hotel or motel or a high-density office
building, and provided the location therein in which alcoholic beverages are to
be sold and served is wholly enclosed with no entrance thereto except from
within the building, and no window or other display or sign is used for
advertisement, a sales-by-drink or C.O.L. license may be issued for the
premises without the consents set out in section 10-214(a), but all other
requirements of this division shall apply to the premises.
(2) Private or country club. If a
country clubhouse or any other clubhouse is located in connection with a
subdivision or community development and on property at least three and
one-half acres in size.
(3) Property zoned CP-3. If the
proposed premises are located on property zoned CP-3 as defined in chapter 80
of the Code of Ordinances.
(4) Central city area. Any proposed
premises to be located within an area bounded by I-70 on the north and east,
Crosstown Freeway on the south and a line 160 feet west of the east section
line of Section 6, Township 49, Range 33 (said section line being the
approximate center of Broadway Boulevard) on the west, then no written consents
shall be required as provided for in section 10-214(a), provided that all other
requirements of this chapter have been fulfilled.
(5) Any proposed premises located wholly within
the following described location: 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.
(6) Any proposed premises located wholly within
the following described location: 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.
(7) Any proposed restaurant or retail sales-by-package premise
located wholly within the following described location: 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 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.
(8) The renewal of an existing sales-by-drink,
C.O.L. or sales-by-package alcoholic beverage license or permit, provided that
all other requirements of this chapter are fulfilled.
(b) If
a license or permit is not renewed or ceases to fulfill all other requirements
of this chapter and expires, then an application for a new license or permit
for the previously licensed premises shall be required to fulfill all
conditions of this chapter for an original license or permit.
(c) If a
license or permit issued under this chapter has been revoked, then an eligible
applicant may apply for a new license or permit for the premises where a
license or permit has been revoked and shall be required to fulfill all
conditions of this chapter for an original license or permit and the provisions
outlined in this section shall not apply.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant
City Attorney