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Legislation #: 041032 Introduction Date: 9/9/2004
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS BROOKS, COOPER, EDDY, FAIRFIELD, GLOVER, HERMANN, XBARNES, RILEY, ROWLAND AND SKAGGS
Title: Amending Chapter 10, Code of Ordinances, entitled Alcoholic Beverages by repealing therein Sections 10-1, Definitions, and enacting in lieu thereof new Sections 10-1, Definitions, and 10-7, Use of Alcoholic Beverage Vaporizer; and repealing Section 10-105, Catering Permits, and enacting in lieu thereof a new Section 10-105, allowing for an annual catering permit process.

Legislation History
DateMinutesDescription
9/9/2004

Prepare to Introduce

9/9/2004

Referred Neighborhood Development and Housing Committee

9/15/2004

Advance and Do Pass as a Committee Substitute

9/16/2004

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 041032

 

Amending Chapter 10, Code of Ordinances, entitled Alcoholic Beverages by repealing therein Sections 10-1, Definitions, and enacting in lieu thereof new Sections 10-1, Definitions, and 10-7, Use of Alcoholic Beverage Vaporizer; and repealing Section 10-105, Catering Permits, and enacting in lieu thereof a new Section 10-105, allowing for an annual catering permit process.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, entitled Alcoholic Beverages, is hereby amended by repealing Section 10-1, Definitions, and enacting in lieu thereof new Sections 10-1, Definitions and 10-7, Use of Alcoholic Beverage Vaporizer, which read as follows:

 

Sec. 10-1. Definitions.

 

As used in this chapter:

 

Alcohol Beverage Vaporizer means any device which, by means of heat, a vibrating element or any method, is capable of producing a breathable mixture containing any one or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose and/or mouth.

 

Alcoholic beverages means intoxicating liquor, malt liquor or nonintoxicating beer.

 

Annual gross sales means the gross sales shown on the prior year's state sales tax receipt or city occupational license tax receipt for an applicant or licensee.

 

Board means the liquor control board of review established by the city under this chapter to conduct regulatory hearings in connection with the administration and enforcement of the provisions of chapter 10 of the city's Code of Ordinances.

 

Church means any building or structure regularly and primarily used as a place of worship by any organized religious society, organization or congregation, regardless of whether or not the building or structure was originally designed and constructed for that purpose.

 

Closed place means a premises licensed under this chapter where all doors are locked and where no customers are in or about the premises.

 

Coin-operated amusement device means pinball machines, marble machines, music-vending machines, pool tables or machines, coin-operated shuffleboards and any other device operated by the insertion of a coin, disc or other insertion piece, whether or not also manipulated by the operator, and which operate for the amusement of the operator, whether or not by registering a score. It shall not include "slot machines," "claw machines," or other machines prohibited by state law. It shall not include machines or devices used bona fide and solely for the vending of service, food, confections or merchandise.


C.O.L. license means a license for the consumption of alcoholic beverages in or upon a premises which does not possess a license for the sale of alcoholic beverages and where food, beverages or entertainment are sold or provided for compensation as provided in RSMo 311.480.

 

Commissioner means the Commissioner of Revenue of Kansas City, Missouri, or person authorized and designated by the commissioner.

 

Condominium means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

 

Convention hotel or motel means any hotel or motel containing not less than 50 transient guestrooms, having a meeting room or similar facility with a seating capacity of not less than 50 persons and having a restaurant on the premises.

 

Customer means any person not an employee who enters or remains upon a licensed premises with actual or implied permission of the licensee or a person who purchases or otherwise partakes of any merchandise, goods, entertainment or other services offered upon the premises.

 

Dancer means any person performing a semi-nude dance, or who performs a dance for any customers upon the premises of an establishment that allows semi-nude dancing.

 

Director unless otherwise described, means the director of neighborhood and community services, or a person designated by the director.

 

Dwelling means any place that is used regularly or irregularly as a place of repose, sleep, rest or any place containing a bed, cot, divan, couch or any other article of furniture on which an adult person may recline. However, this shall not include any premises used as a hotel, motel, or hotel room.

 

Eligible consenter means an owner of property in Kansas City, Missouri which is wholly within or intersected by a specified radius from a proposed premises and allowed to consent to the location of the premises as set forth in this chapter and shall include the board of parks and recreation commissioners with respect to park property under its jurisdiction, but with respect to all other property owned by Kansas City, Missouri, or property owned by the federal government, the State of Missouri, and political subdivisions of the state, the city, the federal government, the State of Missouri, and political subdivisions of the state shall not be considered an eligible consenter and the property shall not be included in calculating the number of required consents.

 

Employee means and includes an agent or servant, and shall be construed to mean every person working for or performing services on behalf of the licensee during actual or scheduled work hours.

 

High density office building means an office building used exclusively for the administrative functions of business firms, professional groups or societies, or any combination of those organizations, under the conditions of section 80-90 of the Code of Ordinances.

 

Intoxicating liquor or liquor means alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt or other liquors or combination of liquors, a part of which is spirituous, vinous or fermented, and all preparation or mixtures for beverage purposes containing in excess of 3.2 percent of alcohol by weight.

 

Licensee means the holder of any licenses issued under the provisions of this chapter.

 

Location means the property parcel upon which a licensed premises is situated.

 

Malt liquor means any beer or other malt beverage manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content in excess of 3.2 percent by weight, but not in excess of 5 percent by weight.

 

Managing officer means the person(s) designated by the licensee who is in actual management and control of a business licensed under this chapter, and who would be eligible as an individual to receive a license for the sale of alcoholic beverages, and who is a qualified voter of the State of Missouri.

 

Microbrewery means a business whose activity is the brewing and selling of beer, with an annual production of 10,000 barrels or less.

 

Nonintoxicating beer means any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than 0.5 percent by volume, and not exceeding 3.2 percent of alcohol by weight.

 

Original license means any license issued under this chapter on an application for a new license whether or not the proposed premises was previously licensed under this chapter but shall not mean a renewal license.

 

Original package means any package containing 3 or more standard bottles or cans of malt liquor or nonintoxicating beer, a package containing 50 milliliters (1.7 ounces) or more of spirituous liquor and a package containing 100 milliliters (2.4 ounces) or more of vinous liquor in the manufacturer's original container. A standard bottle or can is any bottle or can containing 12 ounces or less of malt liquor or nonintoxicating beer.

 

Permittee means the holder of an employee's permit, issued under the provisions of this chapter.

 

Person means an individual, partnership, club or association, firm, limited liability company or corporation, unless the context requires a contrary interpretation.

 

Place of entertainment means any establishment which has occupancy capacity for at least 300 customers, annual gross sales in excess of $250,000.00, and has been in operation for at least 1 year.

 

Premises means the bounds of the enclosure where alcoholic beverages are permitted to be sold, stored or consumed under the authority of this chapter.

 

Restaurant-bar means any establishment having a restaurant or similar facility on the premises which derives at least 50 percent of its annual gross income from the sale of prepared meals or food consumed on the premises, or which has an annual gross income of at least $200,000.00 from the sale of prepared meals or food consumed on the premises. For the purposes of determining whether an establishment qualifies as a restaurant-bar under the provisions of this chapter and calculating the amount and percentage of annual gross income from the sale of prepared meals or food, any nonalcoholic components mixed or served in any alcoholic beverage shall be considered to be part of the alcoholic beverage and shall not be considered to be prepared meals or food.

 

School means any building which is regularly used as a public, private or parochial school, elementary school or high school, college, university, professional school, business or secretarial school.

 

Semi-nude dance means any live exhibition, performance or dance by a person or persons in a state of dress in which opaque clothing covers no more than the areola of the female breast, the genitals or pubic region and anus, as well as portions of the body covered by straps or strings supporting that clothing.

 

Substantial quantities of food means the amount of prepared meals and food wherefrom at least 50 percent of the gross income of an establishment has been derived during the 3 most recent calendar months preceding. For the purposes of determining whether substantial quantities of prepared meals and food constitute at least 50 percent of the gross income of an establishment under the provisions of this chapter, and calculating the amount and percentage of annual gross income from the sale of prepared meals or food, any nonalcoholic components mixed or served in any alcoholic beverage shall be considered to be part of the alcoholic beverage and shall not be considered to be prepared meals or food.

 

Unit means a physical portion of a condominium designated for separate ownership or occupancy, the boundaries of which described in the declaration which creates the condominium.

 

Unit owner means a person who owns a condominium unit but does not include a person having an interest in a unit solely as security for an obligation.

 

Sec. 10-7. Use of alcoholic beverage vaporizer.

No licensee or employee shall sell, deliver or give away any alcoholic beverage for dispensation by means of an alcoholic beverage vaporizer. No licensee or employee shall purchase, possess or use an alcoholic beverage vaporizer on the licensed premises, or any area related to the licensed business over which the licensee exercises control or for which the licensee is responsible. No licensee or employee shall allow or permit any customer or person to bring, keep, maintain, or use an alcoholic beverage vaporizer on the licensed premises, or any area related to the licensed business over which the licensee exercises control or for which the licensee is responsible.

 

Section B. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, entitled Alcoholic Beverages, is hereby amended by repealing Section 10-105, General Requirements for Temporary and Annual Catering Permits, and enacting in lieu thereof a new Section 10-105, General Requirements for Temporary and Annual Catering Permits, to read as follows:

 

Sec. 10-105. General Requirements for Temporary and Annual Catering Permits.

 

(a) Requirements:

 

(1) Eligibility: Only a restaurant/bar is eligible to receive a catering permit.

 

(2) Application: Must be filed with the City of Kansas City, Missouri, Department of Neighborhood, and Community Services at least five (5) workdays prior to the scheduled function, occasion, or event. After appropriate documentation is received and reviewed by the Department of Neighborhood and Community Services, an approval letter maybe issued. The approval letter is sent to the State of Missouri via fax, electronic mail, carrier, or postal mail. Upon receipt of all required documentation, including an approved State of Missouri catering license, the City of Kansas City, Missouri 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 & 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 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 10% interest in the corporation must be provided.

 

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

 

(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 Toilet For outdoor events, one portable toilet must be provided per every 20 patrons, members, guest or customers.

 

(g) Traffic Control Plan For outdoor events, a plan must be approved by the City of Kansas City, Public Works Department and the Kansas City Police Department.

 

(h) A copy of the State of Missouri 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:

 

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.

 

Caterer/Sponsor Letter: A copy of the agreement letter between the city-licensed restaurant/bar 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 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 from the director of Neighborhood and Community Services ($15.00 per day).

 

(7) The director may make additional requirements as needed.

 

(b) Limitations:

 

(1) An applicant permitted a catering license shall staff the function, occasion or event with at least one employee from the original licensed restaurant-bar approved for that specific catering permit.

 

(2) All servers of alcohol at a catered function, occasion or event must have an employee liquor permit from the city.

 

(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.

 

(4) Alcohol served at outdoor events must be served in plastic containers. No glass bottles or cups.

 

(5) No catering permit will be issued for any premise, that has applied for a permanent liquor license and has failed to obtain that license with the exception of private events such as weddings or non-profit events.

 

(6) 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.

 

(7) 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.

 

(8) No catering permit shall be issued for any function, occasion or event where an admission charge is made at the entrance or at the time thereof, except where such function, occasion or event is held strictly and solely by a charitable, religious, civic service or professional organization that have pre-existing membership prior to the application for the catering permit.

 

(9) A catering permit for any function, occasion or event held outdoors for a group larger than 20 people, must have a specific restroom location or a portable toilet for every 20 patrons, guests, customer or member.

 

(10) Additional limitations may be required at the sole discretion of the director.

 

(11) 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 (4) 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 permits a city licensed restaurant/bar to hold an unlimited number of catering events annually.

 

(2) A report must be submitted by the caterer of each event, five (5) business days in advance of the scheduled event. The reports shall include:

 

(a) Approval letters, as described in Section 10-105 (a)(4);

 

(b) A copy of the State Missouri catering license must be proved, as described in Section 10-105 (a)(2);

 

(c) A diagram of the Premises, as described in Section 10-105 (a)(5).;

 

(d) The date or dates and times of the event(s) held.

 

(3) The caterer must have been in business for two or more continuous years from the date of application.

 

(4) The caterer must be in Good Standing with the City of Kansas City, Missouri, defined by not having liquor code violations throughout the prior two year period previous to the date of application.

 

(5) The permit year for the license for annual catering permit extends from January 1 of each year until the end of December 31 of that year. For renewal of that permit each person holding the permit desiring renewal of the permit, shall file with the director an application for renewal on or after November and not later than November 30. If an application for renewal of the permit is not approved by the director by December 31, then no catering is permitted without a temporary catering permit.

 

(6) 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 ordinances of the City of Kansas City, Missouri 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 K. Adams

Assistant City Attorney