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Legislation #: 040119 Introduction Date: 1/29/2004
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS XBARNES, ROWLAND AND GLOVER
Title: Amending Chapter 10, Code of Ordinances, by enacting a new Section 10-132, License for Arts _ Cultural District Zone.

Legislation History
DateMinutesDescription
1/29/2004

Referred Neighborhood Development and Housing Committee

2/4/2004

Hold On Agenda

2/11/2004

Hold On Agenda

2/18/2004

Advance and Do Pass as Second Committee Substitute

2/19/2004

Passed As Second Substitute


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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040119

 

Amending Chapter 10, Code of Ordinances, by enacting a new Section 10-132, License for Arts & Cultural District Zone.

 

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 enacting a new Section 10-132, License for Arts & Cultural District Zone, to read as follows:

 

Sec. 10-132. License for Arts & Cultural District Zone.

 

Unless otherwise authorized and permitted or licensed under Chapter 10, it shall be unlawful for any person to sell or barter any beer or light wine within an Arts & Cultural District Zone (as such term is defined in Section 10-131) except as provided in this Section. Notwithstanding the foregoing, a Missouri not-for-profit corporation (a Sponsor) incorporated or qualified, and in good standing, with the Missouri Secretary of State may apply for a license issued by the director pursuant to this Section, which licenses may allow, the Sponsor or by the terms of the license, allow art studios, galleries, and/or other venues, within an Arts & Cultural District Subzone, to serve beer and light wine to guest subject to the following conditions:

 

(a) A Sponsor wishing to allow beer and light wine to be served within an otherwise non-licensed premises or on public property within an Art & Cultural District Zone shall first make written application for a license to do so not less than 30 days prior to the first of any such events, to the director on forms provided by the director. Each application shall include:

 

(1) The date(s) for which the license is sought.

 

(2) A diagram of the boundaries where the Event is to take place, and a description of the proposed Event. The applicant also needs to provide a diagram of the areas of the points of service of light wine or beer.

 

(3) A copy of a current certificate of occupancy covering each premises within which beer and light wine are to be served under the license.

 

(4) A list containing the name and street address of all premises where beer and light wine will be served and/or consumed under the license.

 

(5) If the Sponsor wishes for beer and light wine to be served and/or consumed on public property, a description of the security measures to be taken for crowd control including the number of employees/security staff employed to supervise the service and consumption of beer and light wine.

 


(6) The name, address and affiliation with the Sponsor of the person executing the application on behalf of the Sponsor (the Representative).

 

(7) A statement by the Representative that he or she has not been convicted of any felony.

 

(8) An authorization allowing law enforcement and probation and parole agencies to release criminal record information concerning the Representative to the director.

 

(9) The Representatives criminal history record verified by the city police department, to be obtained by the Representative and provided to the director.

 

(10) A photograph of the Representative shall be provided to the director or his or her agents.

 

(11) Fingerprints of the Representative taken by the director or his or her agents.

 

(12) Before any license is issued under the provisions of this chapter, the applicant shall furnish to the director a certificate from the director of codes administration, fire, health and neighborhood preservation stating that with respect to the application, the premises within which beer and light wine are to be served are in compliance with the respective codes and the zoning ordinance of the city.

 

(13) If beer and light wine are to be served under supervision other than that of the Sponsor, the Sponsor shall provide a list to the director of the names and addresses of all of the art galleries, studios and/or venues which will be serving alcohol under the Sponsors license.

 

(14) A certificate of good standing for the Sponsor issues by the Missouri Secretary of State dated within sixty (60) days prior to the application date.

 

(15) The consent of 51% of the owners of property within 185 feet of the premises within which malt liquor or wine are to be served. In the case malt liquor or wine are to be consumed on public property, the Sponsor shall also submit consents of the owners of 51% of the property within 185 feet of the exterior boundaries of the area being licensed.

 

The truth of all statements and answers made in the application shall be sworn to, to the knowledge and belief of the Representative, and the Representatives execution of the application must be witnessed and notarized by a notary public.

 

(b) Each license upon issuance shall be effective for a prescribed period not to exceed one year. The license shall be effective between the hours of 5:00 p.m. and 12:00 a.m. on the day(s) of the Event covered by the license.

(c) A sponsor may apply for a separate license to hold one additional Event as defined in Section 10-131(b)(3) not to exceed more than twelve (12) activities per calendar year.

(d) For each Event licensed pursuant to the provisions of this section, the Sponsor shall pay the sum of nine hundred dollars ($900.00) per Event.

 

(e) Before the issuance of a license under the provisions of this section, the Sponsor shall furnish satisfactory proof to the director that a picnic permit has been issued by the State of Missouri under the provisions of RSMo Chapters 311 and 312. If the privileges authorized under any license or permit issued by the state division of liquor control to a licensee holding a license issued pursuant to this section are terminated, all the privileges authorized under the license issued pursuant to this section shall also immediately terminate.

 

(f) For licenses authorizing the service of beer and light wine on public property, all beer and light wine served must be served in distinctive plastic cup containers. No glass or bottles are permitted to be used for the service or consumption of beer and/or light wine under a license issued pursuant to this section.

 

(g) No person under 21 years of age shall serve, be given or receive any beer and light wine at any Event covered by a license issued pursuant to this section.

 

(h) No donations shall be accepted where alcohol is served during the event covered by the license issued pursuant to this section.

 

(i) Any violation of the provisions set forth in Sections 10-40 and 10-65 of the ordinances of the City of Kansas City, Missouri, by a person holding a license issued pursuant to this Section or its employees, agents or servants, or any art gallery, studio or venue owner, while operating under the license issued pursuant to this Section that occurs on a premises defined by the submitted diagram, shall cause the license holder and such of its employees, agents or servants and the art gallery, studio or venue owner to be subject to administrative action by the director and prosecution as provided under such Section 10-65.

 

(j) All restrictions made pursuant to this Section shall be binding on the Sponsor, and a recital shall be made in the application for the license issued pursuant to this section to the effect that the Representative has authority to bind the Sponsor with regard to all restrictions made and provided by the director respecting the event as described in the application.

 

(k) A license may be granted under this section only to the Sponsor sponsoring a particular event, or its designee.

 

(l) In order to promote and encourage diverse activity within the Arts & Cultural District Subzones, multiple licenses, which cover the same geographic area and time within an Arts & Cultural District Subzone, may be issued by the director.

 

(m) This ordinance does not authorize the service of beer or light wine on any property for which a license issued under this Chapter 10 is currently in effect.

 

(n) This ordinance does not authorize and for all licenses issued under this Section does hereby specifically prohibit the service and consumption of beer and light wine, on any property zoned CX or otherwise engaged in adult business as defined in Chapter 80.

 

(o) The application underlying a license issued pursuant to this section may be updated from time to time to reflect changes to the prescribed area and/or the participating art galleries, studios and/or venues under the license, or the locations where beer and light wine are to be served under the license. Any such changes shall be delivered to the director at least five (5) days prior to the event at which such change will take place.

 

___________________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Lana K. Torczon

Assistant City Attorney