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Legislation #: 010792 Introduction Date: 5/24/2001
Type: Ordinance Effective Date: 6/17/2001
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, entitled Alcoholic Beverages by repealing therein Sections 10-1, 10-62, 10-163, 10-186, 10-211, 10-214, 10-215, 10-261, 10-266, 10-339 and 10-342 and enacting in lieu thereof new sections of like number and subject matter.

Legislation History
DateMinutesDescription
5/24/2001

Prepare to Introduce

5/24/2001

Referred Finance and Audit Committee

5/30/2001

Do Pass

5/31/2001

Assigned to Third Read Calendar

6/7/2001

Passed


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ORDINANCE NO. 010792

 

Amending Chapter 10, Code of Ordinances, entitled Alcoholic Beverages by repealing therein Sections 10-1, 10-62, 10-163, 10-186, 10-211, 10-214, 10-215, 10-261, 10-266, 10-339 and 10-342 and enacting in lieu thereof new sections of like number and subject matter.

 

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 therein Sections 10-1, 10-62,10-163, 10-186, 10-211, 10-214, 10-215, 10-261, 10-339 and 10-342 and enacting in lieu thereof new sections of like number and subject matter, which read as follows:

 

Sec. 10-1. Definitions.

 

As used in this chapter:

 

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. 10-62. Required hearings and review of director's actions.

 

(a) If an application for an original license or permit or the renewal or transfer of location of an existing license, or for change of ownership or change in management or control of the business under this chapter is disapproved by the director, or if an eligible consenter disputes the approval of a license or permit, or the location of premises proposed to be used for the sale of alcoholic beverages or C.O.L., then the applicant or eligible consenter, as the case may be, may file with the board, a written request for a hearing before the board on the denial or decision touching location, the request to be made by the applicant or eligible consenter, within 10 days after notice of the director's final decision. The applicant or eligible consenter, as the case may be, shall also serve a copy of said request on the director.

 

(b) In the case of action by the director seeking to suspend or revoke a license or permit issued under this chapter, the director shall:

 

(1) File with the board, a written complaint setting forth the reasons for suspension or revocation of the license or permit, and requesting a hearing before the board to consider the action.

 

(2) Serve a copy of said request on the licensee or permittee personally or by leaving a copy at the licensed premises or by mailing a copy of the request to the licensee or permittee at his last known address.

 

(c) Upon the filing of a written complaint or request for a hearing before the board as provided in this chapter, made within the time specified in this article, the board shall, within 20 days after the receipt of the request, notify the director and all other parties of the date, time and place for the hearing. The date of the hearing shall not be less than 20 days from the date the request was filed.

 

(d) Hearing procedures shall include but not be limited to the following:

 

(1) The applicant, licensee, permittee or eligible consenter shall have full right to have counsel, to produce witnesses and to cross examine all witnesses who may appear. All proceedings in the hearings shall be taken down stenographically, or recorded mechanically or electronically, or by a combination thereof, and shall be transcribed whenever required by law. Subpoenas shall be issued by the director or board for any witness whose presence is desired at any hearing or proceeding before the board to suspend or revoke a license or permit, or to issue or refuse a license or permit or renewal thereof, and the subpoena may be served by any person designated by the director or board, or by any member of the city police department. The subpoenas shall be served and return thereon shall be made in the same manner as is provided by law in civil suits in the circuit court of this state.

 

(2) Witnesses may also appear voluntarily at the hearings and testify. Before testifying in any hearing or proceeding before the board, all witnesses shall be sworn to tell the truth and nothing but the truth.

(3) With respect to a hearing before the board in connection with the directors action on an application for an original license or permit or the renewal or transfer of location of an existing license, or application for change of ownership or change in management or control of the business under this chapter or a hearing before the board in connection with the directors action to seek suspension of revocation of a license or permit issued under this chapter, the board shall issue its decision in writing within 30 days following the conclusion of the hearing unless the parties agree to an extension which shall not exceed an additional 30 days.

 

(4) The decision of the board shall include findings of facts and conclusions of law, wherein the board may dismiss the complaint, or suspend or revoke a license or permit previously issued, or affirm or reverse the director's issuance or denial of an application for an original license, or renewal or transfer of an existing license or permit or remand the matter to the director for further administrative review or action. The board's decision shall be served upon all the parties in person or by registered or certified mail to the party's last known address. If the board is not able to serve the decision notice upon a party in person or if any notice sent by mail is returned by the U.S. Postal service, then the board shall cause the notice to be posted at the principal entrance of the business or facility, and the posting shall constitute valid service. No suspension or revocation shall become effective until 10 days after the decision has been made by the board.

 

Sec. 10-163. Investigations.

 

(a) Director's investigation. The director shall immediately investigate the statements contained in each application for an original license or permit or the renewal or transfer of location of an existing license, or for change of ownership or change in management or control of the business under this chapter, as well as the character, background, associates, financial investments and indebtedness of the applicant. The suitability of the location and surrounding conditions of the proposed premises shall also be investigated. In addition, upon request of the director, a licensee under this chapter shall file a supplemental report, within 15 days, of any loan made to the licensee of money, or credit relating directly or indirectly to the licensed business. Notwithstanding any other provision of this chapter, the director may on his or her own motion convene a meeting to receive information from the applicant and citizens on any application for an original license or permit or the renewal or transfer of location of an existing license, or for change of ownership or change in management or control of the business under this chapter, as well as the character, background, associates, financial investments and indebtedness of the applicant.

 

(b) Police investigation. Upon receipt of an application, the director shall forward immediately to the chief of police and the Missouri State Highway Patrol, the fingerprints of the applicant. The chief of police shall furnish to the director, all pertinent information contained in the police department records and the results of submission of the fingerprints to the Federal Bureau of Investigation. The director shall request all pertinent information contained in the records of the Missouri State Highway Patrol in connection with the investigation of the fingerprints. Upon approval of an application, the director shall forward a copy of the application to the chief of police.

 

(c) Investigations by fire, health and codes administration departments. The director may, at any reasonable time, or upon application for renewal, request the directors of the fire, health and codes administration departments, through their duly authorized agents and employees, to make investigations of licensed premises and the equipment and furnishings therein to determine if the premises are in compliance with all the requirements of the ordinances under the jurisdiction of these departments.

 

Sec. 10-186. State permit and license required.

 

Before the issuance of a license under the provisions of this chapter, the applicant shall furnish satisfactory proof to the director that a permit and license has been issued by the state, under the provisions of RSMo chs. 311 and 312, provided that the City may issue a temporary catering permit authorized under this chapter to a qualified eligible applicant before the state has issued a state catering permit. If the privileges authorized under any license issued by the state division of liquor control to a licensee holding a similar city license are terminated, all the privileges authorized under the city license shall also immediately terminate; and it shall be unlawful for the licensee to fail, neglect or refuse to surrender the city license to the director upon proper notice by director to the licensee. If the license surrendered to the director is a restaurant-bar Sunday license, it may be returned to the licensee if the privileges under the state license have been restored to the licensee prior to the expiration of the city license, and provided that no other cause exists not to return the city license.

 

Sec. 10-211. Number of retail alcoholic beverage licenses.

 

The number of alcoholic beverage licenses issued by the director shall be limited on the following basis:

 

(1) Retail sales-by-drink licenses. One retail sales-by-drink license may be issued for population of zero to 1,500, and one additional retail sales-by-drink license may be issued for each additional 1,500 population which exceeds the first 1,500 population, contained within the entire boundaries of any United States census blocks located in Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premises, as measured from the center of the door for the main entrance to the premises. The center of the door for the main entrance to the premises shall be determined by the applicant, who shall furnish to the director 2 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. The limitations provided in this section shall not apply to:

 

a. Retail sales-by-drink licenses issued to hotels, apartment hotels, motels, inns, lodges or similar places providing principally transient residential accommodations and having at least 40 rooms for overnight accommodation.

 

b. Retail sales-by-drink licenses issued to restaurant premises where substantial quantities of food are served, as defined in this chapter. The licensee of restaurant premises granted a license under this subsection shall file with the director, on a form provided by him, a verified statement showing the total amount of gross receipts, the total amount of gross receipts from the sale of alcoholic beverages, and the total amount of gross receipts from the sale of prepared meals and food made on the premises for the 90-day period immediately following the date of the issuance of the license, and thereafter for the 12-month period immediately preceding November 1 of each year. The statements shall be filed within 15 days after the expiration of the 90-day period and with each annual renewal application. Upon proper and sufficient evidence submitted to the director, the director shall summarily cancel or refuse to renew the license upon the failure of the licensed premises for a period of 1 year after issuance or renewal of the license to maintain an average of 50 percent or more of its total gross receipts in sales of prepared meals and food. Cancellation as provided in this subsection by the director of any license issued under this subsection shall not be deemed a revocation and shall not disqualify the licensee from applying for and receiving any license granted under the provisions of this chapter. The cancellation shall be appealable to the board in the manner set forth in section 10-62(b) of this chapter.

 

c. Sales-by-drink premises located wholly within the following described locations:

 

That area bounded by, including and beginning from the intersecting point of the block face frontage of the west side of Broadway Boulevard and including the block face frontage of I-70 on the north, thence east along the block face frontage of I-70 on the north to the intersecting point of and including the block face frontage of the east side of Cherry Avenue, thence south along the block face frontage of the east side of Cherry Avenue to the intersecting point of and including the block face frontage of the south side of 8th Street, thence east along the block face frontage of the south side of 8th Street to the intersecting point of and including the block face frontage of the east side of Holmes Avenue, thence south along the block face frontage of the east side of Holmes Avenue to the intersecting point of and including the block face frontage of the south side of 24th Street, thence west along the block face frontage of the south side of 24th Street to the intersecting point of and including the block face frontage of the west side of Broadway Boulevard, thence north along the block face frontage of the west side of Broadway Boulevard to the intersecting point of and including the block face frontage of the westside of Broadway Boulevard and the block face frontage of I-70


on the north and that area bounded by and including the block face frontage of the north side of 17th Street Terrace, the east side of Woodland Avenue, the south side of 19th Street and the west side of Paseo Boulevard.

 

(2) Retail sales-by-package licenses. For any retail sales-by-package license located within the entire boundaries of any United States census blocks located in Kansas City, Missouri which abut the Missouri/Kansas state line, two retail sale-by-package licenses may be issued for population of zero to 1,500, and one additional sale-by-package license may be issued for each additional 1,500 population which exceeds the first 1,500 population, contained within the entire boundaries of any United States census blocks located in Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premises, as measured from the center of the door for the main entrance to the premises. For all other census blocks located in Kansas City, Missouri, that do not abut the Missouri/Kansas state line, one retail sale-by-package license may be issued for population of zero to 1,500, and one additional sale-by-package license may be issued for each additional 1,500 population which exceeds the first 1,500 population, contained within the entire boundaries of any United States census blocks located in Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premises, as measured from the center of the door for the main entrance to the premises. The center of the door for the main entrance to the premises shall be determined by the applicant, who shall furnish to the director 2 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. The limitations provided in this section shall not apply to:

 

a. Retail sales-by-package premises with not less than 20,000 square feet of sales display area within a building and an average of 80 percent or more of its total gross receipts from nonalcohol sales. The licensee of a retail sales-by-package premises granted a license under this subsection shall file with the director, on a form provided by him, a verified statement showing the total amount of gross receipts, the total amount of gross receipts from the sale of alcoholic beverages, and the total amount of gross receipts from the sale of inventory exclusive of alcoholic beverages made on the premises for the 90-day period immediately following the date of the original issuance of the license, and thereafter for the 12-month period immediately preceding May 1 of each year. The statements shall be filed within 15 days after the expiration of the 90-day period and with each annual renewal application for a retail sales-by-package license. Upon proper and sufficient evidence submitted to the director, the director shall summarily cancel or refuse to renew the license upon the failure of the licensed premises for a period of 1 year after original issuance or renewal of the license to maintain not less than 20,000 square feet of sale display area within a building; or upon the failure to maintain an average of 80 percent or more of its gross receipts from sales of inventory excluding alcoholic beverages. Cancellation as provided in this subsection by the director of any license issued under this subsection shall not be deemed a revocation and shall not disqualify the licensee from applying for and receiving any license granted under the provisions of this chapter. The cancellation shall be appealable to the board in the manner set forth in section 10-62(b) of this chapter.

 

b. Sales-by-package premises 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 west side of the Broadway Bridge and the south bank of the Missouri River, thence east along the south bank of the Missouri River to the intersecting point of and including the west side of the Heart of America Bridge, thence south along the block face frontage of the west side of the Heart America Bridge to the intersecting point of and including the block face frontage of the north side of I-70 on the north, thence east along the block face frontage of the north side of I-70 on the north to the intersecting point of and including the block face frontage of the east side of Cherry Avenue, thence south along the block face frontage of the east side of Cherry Avenue to the intersecting point of and including the block face frontage of the south side of 8th Street, thence east along the block face frontage of the south side of 8th Street to the intersecting point of and including the block face frontage of the east side of Holmes Avenue, thence south along the block face frontage of the east side of Holmes Avenue to the intersecting point of and including the block face frontage of the south side of 24th Street, thence west along the block face frontage of the south side of 24th Street to the intersecting point of and including the block face frontage of the west side of Broadway Boulevard, thence north along the block face frontage of the west side of Broadway Boulevard to the intersecting point of the west side of the Broadway Bridge and the south bank of the Missouri River.

 

c. Sales-by-package premises for the sale of malt liquor or nonintoxicating beer in the original package if the premises is located so that no residentially zoned property is within a radius of 600 feet from the premises as measured from the center of the door for the main entrance to the premises, and 80 percent or more of the gross sales on the premises are nonalcoholic beverage sales, and the applicant furnishes to the director, signed consents from the owners of a majority of property parcels under the provisions of Section 10-214 of this chapter, provided that the applicable radius to determine eligible consenters for this exemption from the requirements of this section shall be 500 feet.

(3) The determination of population contained within the entire boundaries of any United States census blocks located in Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius as measured from the center of the door of the main entrance of a proposed sales-by-drink or sales-by-package premises, shall be made by adding the total population as determined by the most recent U.S. Decennial Census to be contained within the entire boundaries of each such United States census block. The determination of the number of licenses of a specific category located within the entire boundaries of any United States census blocks located in Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius as measured from the center of the door of the main entrance of a proposed sales-by-drink or sales-by-package premises, shall be made by adding the total number of such licenses, located within the entire boundaries of each such United States census block, but excluding those licenses exempted under subsections (1)a., (1)b., (1)c., (2)a., and (2)b. of this section. The locations described in subsections 10-211(1)c. and (2)b. shall be excluded for purposes of determining the population and number of licenses contained in the U.S. census blocks wholly within or intersected by a 3,000-foot radius of a proposed sales-by-drink or sales-by-package premises. In connection with any application for a new license regulated under this section, for the purposes of determining the number of licenses in the categories regulated under this section, contained within the entire boundaries of any United States census blocks located in Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premises, as measured from the center of the door for the main entrance to the premises, all such city licenses existing at the time of the determination by the director, whether serving a suspension, under an order of nonrenewal, under an order of suspension or revocation, or under investigation for, subject to or charged with disqualification from holding a license or a violation of the provisions of this chapter, shall be included in the calculation unless the nonrenewal or revocation is final with all rights of appeal foreclosed.

 

(4) If the total number of sales-by-drink or sales-by-package licenses herein issued at the time this chapter becomes effective exceeds the number authorized for that category of license, those licenses, if they meet all other requirements, shall be entitled to renewal on an annual basis. If a license is not renewed or ceases to fulfill all other requirements of this chapter and is thereafter terminated or canceled or expires, then an application for a new license for the previously licensed premises shall be required to fulfill all conditions of this chapter for an original license, including but not limited to the provisions of section 10-211 limiting the number of licenses. Additional licenses in a category shall not be issued until the time as the respective population ratios as calculated and determined under this section exceed the populations provided herein. A new license in a category, if the application meets all other requirements of this chapter, may be issued for a vacancy created by bona fide purchase or transfer of a license to a new premises located in a census block wholly within or intersected by a 3,000-foot radius from the existing licensed premises, as measured from the center of the door for the main entrance to the premises, so long as an application for a new license is filed within 12 months from the date of bona fide purchase or transfer. A licensee whose license has been surrendered, canceled or not renewed as a result of condemnation of the premises, and who files an application for a new license within 12 months from the date of condemnation shall be exempt from the requirements of this section with respect to a new location, but the licensee shall meet all other requirements of this chapter. For the purposes of this chapter, the center of the door for the main entrance to the premises shall be determined by the applicant, who shall furnish to the city 2 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.

 

 

Sec. 10-214. Consents required for sales-by-drink, C.O.L. or sales-by-package licenses.

 

(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, including a new premises or a premises that was previously licensed, or for the expansion of an existing licensed premises unless the applicant shall, within 45 days of the filing of the application, furnish to the director, signed consents from the owners of a majority of 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, except that any parcel of such real estate on which a retail sales-by-drink, C.O.L. or sales-by-package license is situated and any parcel of real estate owned by the city, except park property, shall not be included in the calculation. The center of the door for the main entrance to the premises shall be determined by the applicant, who shall furnish to the director with the application, 2 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 1 extension of time for furnishing consents under this section up to an additional 45 days. 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 1 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.

 

(b) 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. 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.

(c) 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 1 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.

 

(d) 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.

 

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) 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 is not renewed or ceases to fulfill all other requirements of this chapter

and is thereafter terminated or canceled or expires, then an application for a new license for the previously licensed premises shall be required to fulfill all conditions of this chapter for an original license, including but not limited to the consent requirements in section 10-214 (a).

 

Sec. 10-261. Renewals.

 

(a) Sales-by-drink license or permit and C.O.L. license for the year 2000. The license year for the sale of alcoholic beverages by the drink and C.O.L. licenses and permits extends from January 1 of each year until the end of December 31 of that year. For renewal of those licenses or permits for the license year 2000, each person holding any classification of license or permit for the sale of alcoholic beverages by the drink or C.O.L. license, desiring renewal of the license or permit, shall file with the director an application for renewal on or after November 1, 1999 and not later than November 30, 1999. If an application for renewal of a sales-by-drink license or permit or C.O.L. license for the license year 2000 is not approved by the director by December 31, 1999, then no sales of alcoholic beverages shall be allowed on the premises after December 31, 1999 until and unless the applicant has completed all requirements under this chapter for renewal of the license or permit and until the renewal has been approved by the director, provided that the director shall not consider or approve any application for renewal of a license or permit for the sale of alcoholic beverages by the drink and C.O.L. for the license year 2000 that is received after April 30, 2000. Applications for renewal of a sales-by-drink license or permit and C.O.L. license for the license year 2000 that are filed on or before April 30, 2000, may be considered by the director for approval until but not after June 30, 2000.

 

(b) Sales-by-drink license or permit and C.O.L. license for years after 2000. The license year for the sale of alcoholic beverages by the drink and C.O.L. licenses and permits extends from January 1 of each year until the end of December 31 of that year. For renewal of those licenses or permits for license years after 2000, each person holding any classification of license or permit for the sale of alcoholic beverages by the drink or C.O.L. license, desiring renewal of the license or permit, shall file with the director an application for renewal on or after October 1 and not later than October 30, of the previous license year. If an application for renewal of a sales-by-drink license or permit or C.O.L. license for a license year after 2000 is not approved by the director by December 31, of the previous license year, then no sales of alcoholic beverages shall be allowed on the premises after that date until and unless the applicant has completed all requirements under this chapter for renewal of the license or permit and until the renewal has been approved by the director, provided that the director shall not consider or approve any application for renewal of a license or permit for the sale of alcoholic beverages by the drink and C.O.L. for a license year after 2000 that is received after April 30 of the new license year. Applications for renewal of a sales-by-drink license or permit and C.O.L. license for a license year after 2000 that are filed on or before April 30 of the new license year, may be considered by the director for approval until but not after June 30 of the new license year.


 

(c) Package, manufacturer's and wholesaler's license. The license year for package, manufacturer's and wholesaler's licenses extends from July 1 of each year until the end of June 30 the following year. Each person holding a license to sell alcoholic beverages in the original package or a license to manufacture or sell at wholesale alcoholic beverages, desiring renewal of the license, shall file with the director an application for renewal on or about April 1 and not later than April 30 of each year. If an application for renewal of a license to sell alcoholic beverages in the original package or a license to manufacture or sell at wholesale alcoholic beverages is not approved by the director by June 30 of the previous license year, then no sales or manufacturing of alcoholic beverages shall be allowed on the premises after that date until and unless the applicant has completed all requirements under this chapter for renewal of the license and until the renewal has been approved by the director, provided that the director shall not consider or approve any application to sell alcoholic beverages in the original package or a license to manufacture or sell at wholesale alcoholic beverages that is received after October 30 of the new licence year. Applications for renewal of a license to sell alcoholic beverages in the original package or a license to manufacture or sell at wholesale alcoholic beverages for a new license year that are filed on or before October 30 of the new license year, may be considered and the director may approve the renewal no later than December 31 of the new license year.

 

 


(d) Proper parties to file application. In the case of a business owned by an individual, the renewal application shall be filed by the actual owner. In the case of a partnership, separate applications shall be filed by each member of the partnership. In the case of a limited liability company, the renewal application shall be filed by either the managing officer of the business or any member of the limited liability company. In the case of a corporation, the renewal application shall be filed by either the managing officer of the business or a corporate officer of the corporation.

 

(e) Contents of application. A renewal application shall disclose by affidavit, on a form provided by the director, the following information, along with any other information the director deems necessary:

 

(1) The name and address of the owners of the business at the date of filing. If the business is owned by a partnership, then the application shall include the names and addresses of all partners. If the business is owned in whole or in part by a limited liability company then the application shall include the names and addresses of all members of the company. If the business is owned in whole or in part by a corporation, the application shall include the names and addresses of the corporate officers and directors, and all stockholders if the total number of stockholders is less than 15, or, if there are more than 15 stockholders in the corporation, then the applicant shall furnish the names and addresses of all stockholders who hold 10 percent or more of the capital stock and the percentage of stock held by each such stockholder.

 

(2) The financial status of the business, including all loans, notes, chattels, mortgages and any and all other outstanding obligations, and the balance due thereon, except current alcoholic beverage bills, or other current bills, for merchandise incidental to the operation of the business for which the license is sought.

 

(3) The banks with which the licensee is doing any business, and the signed consent by the licensee for the director or his authorized representatives to examine any and all business bank accounts, records and other data pertaining to the licensed business.

 

(4) The names and addresses of any persons who have contributed any money to, have loaned any money to, or have had any investments in the licensed business during the preceding year. The applicant shall further state the amounts received from those persons, the purpose for which the money was used, and any outstanding obligations and the balance due thereon.

 

(5) Whether the applicant has borrowed or accepted money and a statement that the applicant will not to borrow or accept money in the future from any wholesale supplier of alcoholic beverages or any supplier of coin-operated commercial, manual or mechanical amusement devices, or the employees, officers or agents thereof, or from any owner of coin-operated commercial, manual or mechanical amusement devices on or about the licensed premises, or from any felon or person who is not of good moral character.

 

(6) The names and addresses of any and all persons who may be engaged, either directly or indirectly, in any part of the management and control of the licensed business.

 

(7) Whether the applicant has complied with, during the past year, and will continue to comply with, the provisions of the fair public accommodation sections of chapter 38.

 

(f) Documentation filed with application. The following documents shall be filed with applications for renewals:

 

(1) If the application is for renewal of a restaurant-bar license, the applicant shall furnish to the director, copies of all city Convention and Tourism tax returns, showing that at least 50 percent of the gross income of the restaurant-bar for the 1 year preceding the date of the application was derived from the sale of prepared meals or food consumed on the premises.

 

(2) If a license has been issued to an applicant who represents at the time of the original application that the licensee has control of parking facilities by ownership, lease or otherwise, and the license was issued relying in part upon that representation, then any renewal application shall include the same or similar representations and proof of control as the director shall require. Loss of parking facilities through no fault of the license holder shall not be cause for denial of renewal.

 

(g) Disapproval of application to renew. The director shall disapprove an application for renewal of any license or permit on the following grounds:

 

(1) If any renewal application contains information which does not justify renewal,

 

(2) If the director has other information that the applicant has not met all the other requirements of this chapter,

 

(3) If the licensee or any employee of the licensee or a permit holder under this chapter is convicted within the current license year in the Municipal Court of Kansas City, Missouri or any other court in this state, of 3 or more violations of this chapter, or

 

(4) if the director has any other information which does not justify renewal.

 

An applicant whose application for renewal of a license or permit has been disapproved may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter. An applicant whose application for renewal of a license or permit has been disapproved may not sell or distribute alcoholic beverages on the premises during the renewal year unless and until (i) the applicant thereafter files a written request for a hearing in the manner provided in section 10-62 (a) of this chapter, in which case the disapproval shall be stayed until final adjudication of the matter, except that if one of the reasons for disapproval is the nonpayment of the required license fee set forth in section 10-127 of this chapter or nonpayment of any taxes set forth in section 10-186 of this chapter, then the disapproval shall not be stayed, or (ii) the disapproval has been reversed or set aside by the director, the board or court order.

 

(h) Considerations for renewal. In determining whether a renewal application shall be disapproved, the director, or the board, upon appeal, shall consider the following factors:

 

(1) Whether the licensee has failed to report a change in ownership in the business or change in management or control of the business that has occurred in the current license year.

 

(2) Whether the licensed premises are within 250 feet of any residentially zoned district, whether the licensed or permitted operation has caused a nuisance to or change in character of that residential area. In this context, the director or board shall consider exterior lighting, noise, traffic and parking associated with the operation of the premises, with its patrons or with other persons frequenting the premises.

 

(3) Whether lewd and indecent conduct, including but not limited to public urination, exhibited by persons frequenting the licensed premises or by the licensee or his employees, servants or agents, has occurred on the licensed premises or in the immediate vicinity thereof.

 

(4) Whether crimes or city ordinance violations have been committed upon or in the immediate vicinity of the licensed premises by persons frequenting the premises or by the licensee or his employees, servants or agents.

 

(5) The frequency of disturbances or other incidents upon or in the immediate vicinity of the licensed premises by persons frequenting the premises that have required police presence, response, investigation or other action.

 

(6) Whether the licensee has allowed or permitted any type of entertainment on or about the licensed premises without application to and written approval by the director.

 

(7) Whether the type of entertainment approved by the licensed premises has been detrimental to the locality involved, and, if any renewal application proposes to change the type of entertainment for the premises, whether the proposed entertainment would be compatible with or detrimental to the locality involved, considering those other factors delineated in section 10-241.

 

(8) Whether the sale of illegal drugs or controlled substances or illegal gambling has occurred upon or in the immediate vicinity of the licensed premises by persons frequenting the premises or by the licensee or his employees, servants or agents.

 

(9) Other factors which, due to the character of the locality or of the licensed premises, would be relevant to the determination of whether renewal of a license or permit would be detrimental to the locality in which the licensed premises are located.

 

(10) Whether the licensee or permittee has received prior notice of violations of this chapter or of other factors which may not justify renewal.

 

(11) Whether the licensee or permittee has timely complied with all requirements for and completed the process for renewal of the license.

 

(i) If a license is not renewed or ceases to fulfill all other requirements of this chapter and is thereafter terminated or canceled or expires, then an application for a new license for the previously licensed premises shall be required to fulfill all conditions of this chapter for an original license, including but not limited to the consent requirements in section 10-214 (a) and the provisions of section 10-211 limiting the number of licenses shall apply.

 

Sec. 10-266. Change in ownership of business.

 

(a) Any person intending to acquire any ownership interest in an existing business licensed under this chapter that is owned by an individual, partnership or limited liability company, as distinguished from a corporation, and any person intending to acquire 10 percent or more ownership in a corporation that is a sole owner, a partner or member in a limited liability company that owns an existing business licensed under this chapter shall not acquire ownership in the business or participate in management or control of the business without first obtaining an approval therefor from the director. The owner of an existing business licensed under this chapter shall not allow a person to acquire ownership in the business or participate in the management or control of the business without first obtaining an approval therefor from the director.

 

(b) Any person intending to acquire any ownership interest in an existing business licensed under this chapter that is owned by an individual, partnership or limited liability company, as distinguished from a corporation, and any person intending to acquire 10 percent or more ownership in a corporation that is a sole owner, a partner or member in a limited liability company that owns an existing business licensed under this chapter shall make application therefor to the director, in writing, and under oath and shall pay an application fee of $250.00 to the city treasurer to defray the cost of investigation and the application process. The application fee is not refundable.

 

(c) The application form and process for a change in ownership of a business licensed under this chapter shall follow all of the provisions contained in this chapter that apply to an application for an original license except that the requirements that pertain to density, consents and distance from churches and schools shall not apply so long as the business under the new owner(s) will be operated at the same location.

 

(d) As a condition precedent to the approval of an application for the change of ownership in an existing business licensed under this chapter that is owned by an individual, partnership or limited liability company, as distinguished from a corporation, and any person intending to acquire 10 percent or more ownership in a corporation that is a sole owner, a partner or member in a limited liability company that owns an existing business licensed under this chapter, the existing owner of the business shall furnish to the director the following information:

 

(1) a written notice of intention to sell or transfer ownership in the business prior to the closing date of the change of ownership of the business, and

 

(2) an affidavit disclosing the names of the prospective new owner(s), the names and addresses of creditors of the licensee who are wholesale suppliers of alcoholic beverages, and stating that all the creditors have been notified in writing, by registered mail, or that the creditors have been personally served with notice of any proposed change in ownership.

 

(e) If upon investigation, the director verifies and is satisfied with the information presented, and if the applicant for the new license has complied with and met all of the applicable requirements of this chapter, then the director may issue a license to the new owner.

 

(f) If all of the applicable requirements, the investigation process and approval of the change of ownership of an existing business licensed under this chapter are not complete by the time that the existing license is up for renewal, then the applicant shall be required to meet all of the requirements of this chapter for an original license including the density, consent and distance from churches and schools unless the existing licensee renews the license for the next license year under all of the requirements for renewal under this chapter including the specified time periods.

 

(g) The director may refuse to approve or may delay the approval of an application for change of ownership of the business if the applicant or licensee is under citation by the city or by the state department of liquor control, if an alleged violation or matter has not yet been finally adjudicated, if the licensee is under an administrative suspension or revocation ordered by the state or the city's director or board, if the director determines that the change in ownership of the business occurred without notifying the director in the manner provided in this section, or if the licensee or the applicant, as the case may be, is not eligible under the provisions of this chapter. If the director disapproves the application, then the applicant may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter.

 

(h) Any application or request for approval of a change in the ownership of the business which is incomplete for a period of 90 days after the date of filing with the director may be disapproved by the director and the 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. 10-339. Employment of and sales by minors.

 

(a) No retail licensee, nor employee of the licensee, shall permit any person under 21 years of age to sell or assist in the sale of alcoholic beverages upon the licensed premises, except that this prohibition shall not apply to:

 

(1) Sales-by-drink and C.O.L. licenses without substantial quantities of food. A sales-by-drink or C.O.L. licensee may employ persons 18 through 20 years of age to work on the premises if the persons do not sell, assist in the sale, dispense, serve or deliver alcoholic beverages to any person.

 

(2) Sales-by-drink and C.O.L. licenses which sell substantial quantities of food. A sales-by-drink or C.O.L. licensee who sells substantial quantities of food upon the licensed premises may:

 

a. Employ persons 18 through 20 years of age to work on the premises in the capacity of a waiter or waitress; however, no employee 18 through 20 years of age shall mix, pour or serve across the bar alcoholic beverages; and

 

b. Employ persons 16 and 17 years of age to work on the premises if the persons do not sell, assist in the sale, dispense, serve or deliver alcoholic beverages to any person.

 

(3) Original package sales licenses without 50 percent gross sales of other merchandise. An original package sales licensee without 50 percent gross sales of other merchandise may employ persons 18 through 20 years of age to work on the premises to stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out alcoholic beverages, so long as there is an employee of licensee, not less than 21 years of age, holding a valid employee permit issued under this chapter, on the licensed premises during all hours of operation. However, delivery of alcoholic beverages away from the licensed premises cannot be performed by any person under 21 years.

 

(4) Original package sales licenses with 50 percent gross sales of other merchandise. An original package sales licensee where at least 50 percent of the gross sales made consist of goods, merchandise or commodities other than alcoholic beverages may employ persons 18 through 20 years of age to stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out alcoholic beverages. However, delivery of alcoholic beverages away from the licensed premises cannot be performed by any person under 21 years of age.

 

(b) Each employee under 21 years of age, allowed to sell or assist in the sale of alcoholic beverages upon the premises under this section must obtain and hold an employee permit.

 

Sec. 10-342. Sales-by-drink premises; minors. No sales-by-drink licensee, nor employee of the licensee, shall permit a person under 21 years of age to enter or remain upon the licensed premises, except that this prohibition shall not apply to:

(1) A sales-by-drink licensed premises which qualifies as a restaurant-bar as defined by section 10-1, so long as no person is semi-nude or performs semi-nude dance on the premises; or

 

(2) The employment of minors by a sales-by-drink licensee as permitted by section 10-339(b)(1) so long as no person is semi-nude or performs semi-nude dance on the premises; or

 

(3) A person between 18 and 21 years of age providing or assisting in providing entertainment upon the licensed premises; or

 

(4) A person accompanied by parent or lawful guardian, so long as no person is semi-nude or performs semi-nude dance on the premises; or

 

(5) A sales-by-drink licensed premises affiliated with and located in a building principally operated as a museum, during the regular hours of museum operation, so long as no person is semi-nude or performs semi-nude dance on the premises. Nothing contained in this subsection shall authorize a licensee to operate a sales-by-drink premises contrary to the other provisions of this chapter.

 

________________________________________________________

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney