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Legislation #: 160958 Introduction Date: 12/15/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing Sections 10-1, 10-3, 10-101, 10-103, 10-107, 10-113, 10-117, 10-118, 10-121, 10-122, 10-123, 10-124, 10-125, 10-126, 10-127, 10-134, 10-136, 10-185, 10-211, and 10-214 and enacting in lieu thereof new sections to comply with Missouri State Statutes that eliminate liquor licenses and permits that are no longer in effect and create a new license and fee adjustments for out of state manufacturers.

Legislation History
DateMinutesDescription
12/14/2016 Filed by the Clerk's office
12/15/2016 Referred to Neighborhoods and Public Safety Committee
12/21/2016 Hold On Agenda (1/11/2017)
1/11/2017 Hold On Agenda (1/18/2017)
1/18/2017 Hold On Agenda (1/25/2017)
1/25/2017 Advance and Do Pass as a Committee Substitute, Debate
1/26/2017 Passed as Substituted

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160958.pdf Authenticated 1889K Authenticated
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160958 Fact Sheet.pdf Fact Sheet 40K 160958 Fact sheet
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10-1, 10-3, 10-101, 10-103, 10-113, 10-117, 10-118, 10-121, 10-124, 10-125, 10-126, 10-127, 10-134, 10-136, 10-185, 10-211, 10-214, 10-332 10-337 - Revisions - 11-20-2016.doc Fact Sheet 45K Multiple sections Changes in Chapter 10

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160958

 

Amending Chapter 10, Code of Ordinances, by repealing Sections 10-1, 10-3, 10-101, 10-103, 10-107, 10-113, 10-117, 10-118, 10-121, 10-122, 10-123, 10-124, 10-125, 10-126, 10-127, 10-134, 10-136, 10-185, 10-211, and 10-214 and enacting in lieu thereof new sections to comply with Missouri State Statutes that eliminate liquor licenses and permits that are no longer in effect and create a new license and fee adjustments for out of state manufacturers.

 

WHEREAS, a license for nonintoxicating beer is no longer required or offered under Missouri State Statutes; and

 

WHEREAS, liquor license fees have been adjusted to meet State Statute requirements whereby all fees are one and a half times more than state liquor license fees which matches all other liquor license fees within Chapter 10; and

 

WHEREAS, Missouri State Statutes were revised to allow manufacturers of intoxicating liquor that are located outside the state of Missouri to receive an out of state manufacturers event permit to participate in festivals, bazaars, or similar events and City ordinances have been revised to do the same; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 10 is hereby amended by repealing Sections 10-1, 10-3, 10-101, 10-103, 10-107, 10-113, 10-117, 10-118, 10-121, 10-122, 10-123, 10-124, 10-125, 10-126, 10-127, 10-134, 10-136, 10-185, 10-211, and 10-214 and replacing them with new sections of like number and subject matter and with new titles, to read as follows:

 

Sec. 10-1. Definitions.

 

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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 malt beverages or intoxicating liquor with an alcohol content of more than one half of one percent by volume.

 

Annual gross sales means the gross sales shown on the prior year's state sales tax receipt or the prior year's convention and tourism tax filings 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.

 

Caterer means any establishment whose primary business is the preparation of food and drinks for consumption away from the licensed premises. A caterer must derive 50 percent or more of its annual gross sales from the sale of prepared meals and food consumed at other approved premises. For the purposes of determining whether an establishment qualifies as a caterer under the provisions of this chapter and calculating the amount and percentage of annual gross sales from the sale of prepared meals and 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 and food.

 

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-or-currency-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, currency, 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.

 

Conditional license or permit means a license or permit issued under this chapter that has additional listed restrictions which must be followed by the licensee or permittee at all times whereby the failure of the licensee or permittee to comply with the restrictions may result in the suspension or revocation of the license or permit.

 

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.

 

Concert venue means any establishment used for the presentation of live musical performances, pre-advertised to the public including pre-event tickets sales available through third party ticket vendors, and where total ticket sales exceed $100,000.00 per year.

 

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 100 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 the city which is wholly within or intersected by a specified radius from a proposed premises 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 the city, or property owned by the federal government, the state, and political subdivisions of the state or any parcel of such real estate on which a retail sales-by-drink, C.O.L. or sales-by-package license is situated or any property owned by a person who has any ownership interest or other financial interest in the proposed premises, as determined by the director, the property owner 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 preparations or mixtures for beverage purposes containing in excess of one-half of one percent by volume.

 

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 beverages means beverages including beer and intoxicating malt liquor that are brewed from malt or a malt substitute, which only includes rice, grain of any kind, bean, glucose, sugar, and molasses. Honey, fruit, fruit juices, fruit concentrate, herbs, spices, and other food materials may be used as adjuncts in fermenting beer. Flavor and other nonbeverage ingredients containing alcohol may be used in producing beer, but may contribute to no more than forty-nine percent of the overall alcohol content of the finished beer. In the case of beer with an alcohol content of more than six percent by volume, no more than one and one-half percent of the volume of the beer may consist of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol

 

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.

 

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 three or more standard bottles or cans of malt beverages, 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 beverages.

 

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 one 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 50 percent or more of its annual gross sales from the sale of prepared meals and food made and consumed on the premises, or which has an annual gross sales of at least $200,000.00 from the sale of prepared meals and 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 sales from the sale of prepared meals and 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 and food.

 

School means any building which is regularly used as a public or private elementary school, middle school or high 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 three 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.

 

Tavern means any licensed premises that sells liquor by the drink which derives the majority of its annual gross sales from alcoholic beverages and does not qualify to be categorized as a restaurant-bar, amusement place or place of entertainment as defined in this chapter.

 

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. 10-3. Sale or distribution in theaters; distribution at events or performances

held for religious or charitable purposes.

 

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It shall be unlawful for any person to sell, barter or give away any alcoholic beverages on the floor, in the boxes or among the audience at any theater, variety show or theatrical performance within the city; provided, however, that champagne may be given away to holders and purchasers of tickets on the premises to any event or performance held in any theater or at any variety show so long as the event or performance is held strictly and solely for religious or charitable purposes, and the sponsor thereof has been first issued a permit to hold the event or performance by the director, without securing the appropriate city liquor license as required by section 10-110, so long as the event or performance is held and conducted in compliance with the following conditions:

 

(1) All persons or entities, business or otherwise, before holding and conducting events or performances at any theater or variety show, for charitable or religious purposes, at which champagne is proposed to be given away, shall first make written application for a permit to do so, not less than 20 days prior to the event, to the director, on forms provided by the director. Each application shall include:

 

a. The date the event or performance is to be held, the address of the location where the event or performance is to take place, and a description of the proposed event or performance.

 

b. The name, address or headquarters of the person applying for the permit.

 

c. If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers.

 

d. The name and address of the person or organization for whose benefit the religious or charitable event or performance is being held, and, if an organization, the names and addresses, if any, of the organization's principal officers.

 

e. A statement to the effect that the proposed event or performance is solely and strictly for the raising of funds for charitable or religious purposes.

 

f. A statement to the effect that no person or organization other than the one designated as the beneficiary of the event or performance held for charitable or religious purposes shall receive or share in any part of the proceeds of the event or performance remaining over after deductions for necessary expenses related thereto, and also to the effect that the entire amount of the net proceeds shall be paid over to the beneficiary.

 

(g) The truth of all statements and answers made in the application shall be sworn to, to the best knowledge and belief of the applicant, and the application shall be notarized.

 

(2) The director may impose any reasonable restrictions on the giving away of champagne. No person under 21 years of age shall be given or receive any free champagne at any permitted event or performance, nor shall any free champagne be dispensed at the event or performance between the hours of 10:00 p.m. and 6:00 a.m. of the following day. The director may also make reasonable restrictions relating to the event or performance.

 

(3) All restrictions made pursuant to this section shall be binding on the permitted sponsor, and a recital shall be made in the application for the permit under this section to the effect that the applicant shall agree to be bound or bind the organization by all restrictions made and provided by the director respecting the event or performance described in the application. Only 1 permit shall be granted for the duration of any single event or performance covered under this section.

 

Sec. 10-101. Designation of license.

 

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The licenses described in this division are hereby created, for the manufacture, sale and consumption of alcoholic beverages and the classification shall be designated on the license.

 

Sec. 10-103. Malt beverage and light wine sales-by-drink license.

 

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(a) A malt beverage and light wine sales-by-drink license authorized by RSMo 311.200 authorizes the licensee to sell malt beverages and light wine at retail by the drink for consumption upon the licensed premises and to sell malt beverages and light wine in the original package on the licensed premises. Light wines shall not contain in excess of fourteen percent of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables.

 

(b) A caterer with a malt beverage and light wine sales-by-drink license authorizes the licensee to sell malt beverages and light wine at retail by the drink for consumption away from the licensed premises at other premises approved by the director.

 

Sec. 10-107. Fourth of July celebration temporary malt beverage and light wine

sales-by-drink permit.

 

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Pursuant to RSMo 311.218, other provisions of this chapter to the contrary notwithstanding, a permit for the sale of light wine and malt beverages for consumption on the premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of light wine and malt beverage at any picnic, bazaar, fair, festival or similar gathering or event held to commemorate the annual anniversary of the signing of the Declaration of Independence of the United States. The permit shall be issued only during the period from June 15 to July 15 annually and only for the days named therein, and it shall not authorize the sale of light wine and malt beverage except between the hours of 10:00 a.m. and midnight and for not more than seven days by any organization. The permit may be issued to cover more than one place of sale within the general confines of the place where the gathering or event is held. Any wholesaler or distributor may provide customary storage, cooling or dispensing equipment for use by the holder of the permit at the gathering or event.

 

Sec. 10-113. Malt beverage original package sales license.

 

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A malt beverage original package sales license authorizes the licensee to sell at retail malt beverages in the original package on the licensed premises. Any person licensed pursuant to this section may also sell malt beverage at retail between the hours of 9:00 a.m. and midnight on Sunday.

Sec. 10-117. Wholesaler's license for sale of malt beverage to retailers.

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A wholesaler's license for sale of malt beverage to retailers authorizes the licensee to sell malt beverages a person duly licensed to sell alcoholic beverages at retail.

Sec. 10-118. Wholesaler's license for sale of malt beverage to wholesalers.

 

A wholesaler's license for sale of malt beverages to wholesalers authorizes the licensee to sell malt beverages at wholesale and to solicit orders for the sale of, to, by or through a duly licensed wholesaler within this state.

 

Sec. 10-121. Manufacturer’s license for wine or brandy.

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(a)    A license to manufacturer wine or brandy authorizes a person to manufacture, in quantities not to exceed five hundred thousand gallons, not in excess of eighteen percent of alcohol by weight for wine, or not in excess of thirty-four percent of alcohol by weight for brandy, from grapes, berries, other fruits, fruit products, honey, and vegetables produced or grown in the state of Missouri, exclusive of sugar, water and spirits.

 

(b)   A manufacturer licensed under this section may use in any calendar year such wine and brandy-making material produced or grown outside the state of Missouri in a quantity not exceeding fifteen percent of the manufacturer's wine entered into fermentation in the prior calendar year.

 

(c)    A manufacturer licensed under this section may offer samples of wine, may sell wine and brandy in its original package directly to consumers at the winery, and may open wine so purchased by customers so that it may be consumed on the winery premises on Monday through Saturday between 6:00 a.m. and midnight and on Sunday between 9:00 a.m. and 10:00 p.m.

 

Sec. 10-122. Manufacturer's license for manufacture of alcoholic beverages of all

kinds.

 

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A manufacturer's license for manufacture of alcoholic beverages of all kinds authorizes the licensee to manufacture, distill or blend alcoholic beverages of all kinds. A distiller may apply for and the director may issue a license to sell intoxicating liquor, as defined in this chapter, by the drink at retail for consumption on the premises where sold; and provided further that the premises so licensed shall be in close proximity to the distillery and may remain open between the hours of 6:00 a.m. and midnight, Monday through Saturday and between the hours of 11:00 a.m. and 9:00 p.m., Sunday. A wine manufacturer may apply for and the director may issue a license to sell intoxicating liquor, as defined in this chapter, by the drink at retail for consumption on the premises where sold, if the premises so licensed is in close proximity to the winery. Such premises may remain open between the hours of 6:00 a.m. and midnight Monday through Saturday and between the hours of 11:00 a.m. and 9:00 p.m. Sunday.

 

Sec. 10-123. Manufacturer's license for manufacture of alcoholic beverages

containing alcohol not in excess of 22 percent by weight.

 

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A manufacturer's license for manufacture of alcoholic beverages containing alcohol not in excess of 22 percent by weight authorizes the licensee to manufacture, distill or blend alcoholic beverages containing alcohol not in excess of 22 percent by weight. A distiller may apply for and the director may issue a license to sell intoxicating liquor, as defined in this chapter, by the drink at retail for consumption on the premises where sold; and provided further that the premises so licensed shall be in close proximity to the distillery and may remain open between the hours of 6:00 a.m. and midnight, Monday through Saturday and between the hours of 11:00 a.m. and 9:00 p.m., Sunday. A wine manufacturer may apply for and the director may issue a license to sell intoxicating liquor, as defined in this chapter, by the drink at retail for consumption on the premises where sold, if the premises so licensed is in close proximity to the winery. Such premises may remain open between the hours of 6:00 a.m. and midnight Monday through Saturday and between the hours of 11:00 a.m. and 9:00 p.m. Sunday.

 

Sec. 10-124. Manufacturer's license for manufacture of malt beverage.

 

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A manufacturer's license for manufacture of malt beverage authorizes the licensee to manufacture or brew malt beverages.

 

Sec. 10-125. Microbrewery license.

 

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A microbrewery license authorizes the licensee to manufacture or brew malt beverages in quantities not to exceed 10,000 barrels per annum. Notwithstanding any other provision of this chapter to the contrary, the holder of a microbrewery license may apply to the director for, and the director may issue, licenses to sell intoxicating liquor by the drink on the brewery premises and in the original package for off-premises consumption. The holder of a microbrewer's license may also sell malt beverages produced on the brewery premises to duly licensed wholesalers. However, holders of a microbrewer's license shall not, under any circumstances, directly or indirectly, have any financial interest in any wholesaler's business, and all such sales to wholesalers shall be subject to the restrictions of RSMo 311.181 and 311.182.

 

Sec. 10-126. Out of state manufacturers event permit.

 

As authorized by RSMo 311.915 a special permit may be issued to an out of state manufacturer of intoxicating liquor who is not licensed in the state of Missouri for participation in festivals, bazaars, or similar events. The amount of intoxicating liquor allowed to be shipped into the state under this permit shall not exceed two hundred gallons. A permit issued under this section shall be valid for no more than seventy-two hours. An applicant shall complete a form provided by the director and pay the required fee before a special permit shall be issued.

 

Sec. 10-127. License and permit fees.

 

The following fees shall be paid to the city treasurer before the respective license or permit prescribed in this section is issued:

 

Each full sales-by-drink license .....

$450.00 per year

Each malt beverage and light wine sales-by-drink license .....

75.00 per year

Each intoxicating liquor sales-by-drink license for consumption on the premises where sold, issued to any church, school, civic, service, fraternity, veteran, political or charitable club or organization for a picnic, bazaar, fair or similar gathering .....

15.00 per license

Retail sales-by-drink Sunday license .....

300.00 per year

Retail sales by package Sunday license .....

300.00 per year

Each catering permit .....

15.00 for each calendar day, or fraction thereof, for which the permit is issued

Each convention trade area 3:00 a.m. closing permit .....

450.00 per year

Each temporary 3:00 a.m. closing permit .....

75.00 per permit

Each nonprofit organization 6:00 a.m. closing permit .....

450.00 per year

Each Fourth of July celebration temporary malt beverage and light wine sales-by drink permit .....

100.00

Each license for sales-by-drink in common eating and drinking area .....

450.00 per year

Each C.O.L. license where either food, beverages or entertainment are provided for compensation of any kind .....

90.00 per year

Each full original package sales license .....

150.00 per year

Each malt beverage original package sales license .....

75.00 per year

Each original package tasting license .....

37.50 per year

Each wholesaler's license for sale of alcoholic beverages of all kinds to retailers .....

750.00 per year

Each wholesaler's license for sale of alcoholic beverages not in excess of 22 percent of alcohol by weight to retailers .....

300.00 per year.

Each wholesaler's license for sale of malt beverages containing not in excess of 5 percent of alcohol by weight or nonintoxicating beer to retailers .....

150.00 per year

Each wholesaler's license for sale of alcoholic beverages of all kinds to wholesalers .....

375.00 per year

Each wholesaler's license for sale of alcoholic beverages not in excess of 22 percent of alcohol by weight to wholesalers .....

150.00 per year

Each wholesaler's license for sale of malt beverages containing not in excess of 5 percent of alcohol by weight to wholesalers .....

75.00 per year

Each manufacturer’s license to manufacture wine or brandy shall cost seven dollars and fifty cents for each five hundred gallons or fraction thereof of wine or brandy produced up to a maximum license fee of four hundred fifty dollars …..

Up to $450.00 per year

Each manufacturer's license to manufacture, distill or blend alcoholic beverages of all kinds .....

675.00 per year

Each manufacturer's license to manufacture alcoholic beverages containing alcohol not in excess of 22 percent by weight .....

300.00 per year

Each manufacturer's license to manufacture malt beverages containing not in excess of 5 percent of alcohol by weight .....

375.00 per year

Each microbrewery license shall cost seven dollars and fifty cents for each 100 barrels manufactured, not to exceed three hundred seventy five dollars .....

Up to 375.00 per year

Out of state manufacturer permit …..

37.50 per year

 


 

Sec. 10-134. Downtown economic entertainment district.

 

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(a) Purpose. This section permits the director to issue an annual liquor license for the sale and consumption of alcoholic beverages by the drink for retail from one or more portable bars within the promotional association sub-zones of the downtown economic entertainment district until 3:00 a.m. on Monday through Saturday and from 9:00 a.m. until 12 midnight on Sunday to a person acting on behalf of or designated by a promotional association, who possesses the qualifications required by this chapter.

 

(b) Definitions.

 

(1)               Downtown economic entertainment district means the area located in the City's "central business district," which is the historic core locally known as the City's downtown area, that contains a combination of entertainment venues, bars, nightclubs, and restaurants, and that is designated as a redevelopment area by the governing body of the city under the state downtown and rural economic stimulus act.

 

(2)               Central business district for this chapter means the area bounded by the Missouri River on the north, the Linwood Boulevard on the south, Cleveland on the east and Broadway, along the Heart of America Bridge to the Missouri River on the west.

 

(3)               Common area means any area designated as a common area in a development plan for the downtown economic entertainment district approved by the governing body of the city, any area of a public right-of-way that is adjacent to or within the downtown economic entertainment district when it is closed to vehicular traffic and any other area identified in the development plan where a physical barrier precludes motor vehicle traffic and limits pedestrian accessibility.

 

(4)               Portable bar means any bar, table kiosk, cart, or stand that is not a permanent fixture and can be moved from place to place.

 

(5)               Promotional association means an association incorporated in the state which is organized or authorized by one or more property owners located within the downtown economic entertainment district who own or otherwise control not less than 100,000 square feet of premises designed, constructed, and available for lease for bars, nightclubs, restaurants and other entertainment venues for the purpose of organizing and promoting activities within the downtown economic entertainment district.

 

a.                   For purposes of determining ownership or control as set forth in this subdivision, the square footage of premises used for residential, office, or retail uses, (other than bars, night clubs, restaurants, and other entertainment venues), parking facilities and hotels within the downtown economic entertainment district shall not be used in the calculation of square footage.

 

(c) Designated redevelopment areas.

 

(1)               The city's central business district area is hereby designated as the downtown economic entertainment district.

 

(2)               The following areas are each designated as promotional association sub-zones:

 

a.                   The Downtown Power and Light sub-zone bounded by the Missouri River on the north, by I-70 to I-35 at Holmes to I-670 on the south, Troost Avenue on the east and Broadway on the west.

 

b.                  The Performing Arts sub-zone bounded by 9th Street on the north, 18th Street on the south, Broadway on the west, and Troost on the east.

 

c.                   The Crossroads sub-zone bounded by I-70 to I-35 at Holmes to I-670 on the north, Troost Avenue on the east, the KC Terminal Railway tracks on the south, and Broadway on the west.

 

d.                  The 18th and Vine sub-zone bounded by Truman Road on the north, Woodland on the east, 19th Street on the south, and Paseo Boulevard on the west.

 

e.                   Liberty Union Crown sub-zone bounded by 27th Street on the south, 20th Street on north, Cherry on the east and Broadway on the west.

 

f.                   Historical Union Hill subzone bounded by Linwood on the south, 27th Street on the north, Cherry Avenue on the east and Broadway on the west.

 

Additional areas may be designated as common area sub-zones as determined by the Mayor and City Council.

 

Sec. 10-136. Downtown economic entertainment district zone employee and

volunteer permits.

 

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For licenses authorizing the service of alcoholic beverages by the drink for retail from one or more portable bars within the promotional association sub-zones of the downtown economic entertainment district it shall be unlawful for any person under the age of 21 to directly participate in the service, delivery or dispensation of alcoholic beverages pursuant to sections 10-181, 10-291, 10-292 of this chapter. It shall be unlawful for any person to act in the capacity of but not limited to, a bartender, waiter, waitress, doorman, or other person responsible for checking identification cards to determine age unless the person is holding a valid employee liquor permit issued by the director.

 

Sec. 10-185. Prohibited interest in license.

 

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No license for the sale of alcoholic beverages at retail or C.O.L. license shall be issued to any individual, partnership, limited liability company or corporation in which any distiller, wholesaler, winemaker, brewer or supplier of coin-operated commercial, manual or mechanical amusement devices, or employees, officers or agents thereof, or any felon, has any financial interest or has furnished, directly or indirectly, equipment other than portable refrigeration units as allowed by RSMo 311.198, money, credit or property of any kind except ordinary commercial credit for alcoholic beverages.

 

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. For those certain real properties that abut the right of way of Chouteau Traffic way from the intersection with the north right of way line of Northeast Parvin Road on the south to the intersection with the south right of way line of Russell Road on the north, two retail sale-by-drink licenses may be issued for population of zero to 1,500, and one additional sale-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 the city, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premise, as measured from the center of the door to be used as the main entrance to the premise. For all other census blocks located in the city, 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 the city, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premise, as measured from the center of the door to be used as the main entrance to the premise. For a premise that is currently in operation, the center of the door for the main entrance to the premise shall be determined by the entrance naturally used by the public frequenting the premise. The applicant shall furnish to the director two coordinates expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premise. 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-bar premises, as defined in this chapter. At the request of the director, the licensee of a restaurant premise granted a license under this subsection shall file 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 and consumed on the premise for the 90-day period immediately following the date of the issuance of the license, and thereafter for the 12-month period of each year. 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 premise for a period of one year after issuance or renewal of the license to maintain the business as a restaurant-bar. 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. Retail sales-by-drink licenses issued to theatres registered as nonprofit organizations where live performances are given on a regular basis.

 

d.      Retail sales-by-drink licenses issued to an event space where no more than 18 public events are held at the premise on an annual basis. An event space is defined as an enclosed structure that at the time of initial licensure is zoned for commercial or industrial use by the City and fronts on a “Major Street” (within the meaning of the City’s Major Street Plan as in effect at the time of initial licensure as an event space) at which the only business undertaken is the conduct of private, charity or public events within the space. A public event notification form, as supplied by the director, must be completed and submitted by the retail sales-by-drink licensee a minimum of five business days in advance of the scheduled event. If the director deems necessary, a security plan shall be submitted by the retail sales-by-drink licensee. The public event notification form and security plan must be approved by the director prior to the public event taking place. As it applies to this subsection:

 

1.                  A private event is defined as an event, such as a wedding, engagement, or retirement, where everyone in attendance is there by invitation only, and, there is no entry fee, admission charge, door charge, ticket sales or donations taken of any kind to attend the private event, and;

 

2.                  A charity event is defined as an event conducted by an organization recognized as an exempt organization under section 501(c)(3) of the Internal Revenue Code that may be attended by members of the general public who pay an entry fee, admission charge or door charge, or who purchases a ticket or makes a donation, to attend the specific event, and;

 

3.                  A public event is defined as an event not conducted by an organization recognized as an exempt organization under section 501(c)(3) of the Internal Revenue Code that may be attended by members of the general public who pay an entry fee, admission charge or door charge, or who purchase a ticket, to attend the specific event.

 

e. Retail sales-by-drink licenses issued to a manufacturer or microbrewery, as defined in this chapter, to sell only those alcoholic beverages by the drink that are manufactured on the licensed premise.

 

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

 

1.                  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 west side of Broadway Boulevard and the block face frontage of I-70 on the north.

 

2.                  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.

 

3.                  That area bounded by and beginning at the intersection of the west city limit and the south bank of the Missouri River, thence south along the west boundary of the city limit to the intersection with the north right of way line of 25th Street, thence east along the north right of way line of 25th Street to the intersection with the west right of way line of Allen Road, thence generally north along the west right of way line of Allen Road to the intersection with the west right of way line of Holly Avenue, thence north along the west right of way line of Holly Avenue to the intersection with the west right of way line of Beardsley Road, thence north along the west right of way line of Beardsley Road to the intersection with the north right of way line of 6th Street, thence east along the north right of way line of 6th Street to the intersection with the west right of way of Broadway Avenue, thence north along the west right of way line of Broadway Avenue to the intersection with the south bank of the Missouri River, thence west along the south bank of the Missouri River to the point of beginning.

 

4.                  The east and west sides of N.W. Prairie View Road, north of N.W. Barry Road extending north to Missouri Highway 152, on the north and south sides of N.W. Prairie View Road, west of the intersection of Interstate 29 and Highway 152 extending west to N. Congress Avenue, and at the southwest corner of Highway 152 and N. Congress Avenue.

 

5.                  The area bounded by Guinotte Avenue on the south, North Montgall Avenue on the west, Rochester Avenue on the north and North Chestnut Traffic way on the east.

 

6.                  That area bounded by Tiffany Springs Road on the north, Interstate 29 on the west, Missouri Highway 152 on the south and N. Ambassador Drive on the east.

 

7. The area bounded by Southwest Boulevard on the west, West 25th Street on the north, Summit Street on the east and West 26th Street on the south.

 

(2) Retail sales-by-package licenses. 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 the city which abut the city limits of Kansas City, Missouri, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premise, as measured from the center of the door to be used as the main entrance to the premise. For all other census blocks located in the city that do not abut the city limit lines as described above, 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 the city, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premise, as measured from the center of the door to be used as the main entrance to the premise. For a premise that is currently in operation, the center of the door for the main entrance to the premise shall be determined by the entrance naturally used by the public frequenting the premise. The applicant shall furnish to the director two coordinates expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premise. The limitations provided in this section shall not apply to a liquor license applicant who meets any of the following criteria:

 

a. If an applicant proposes to operate a retail sales-by-package premise and the size of the building is not less than 5,000 square feet and an average of 70 percent or more of its total gross receipts, other than receipts from the sale of motor vehicle fuel, are from sales of inventory excluding alcoholic beverages. The licensee of a retail sales-by-package premise 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, other than receipts from the sale of motor vehicle fuel, 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 premise for the 90-day period immediately following the date of the original issuance of the license, and thereafter for the 12-month license period. 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 premise for a period of 1 year after original issuance or renewal of the license to maintain a building of not less than 5,000 square feet; or upon the failure to maintain an average of 70 percent or more of its total gross receipts, other than receipts from the sale of motor vehicle fuel, 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. If an applicant proposes to operate a retail sales-by-package premise and the 3000 foot radius, as measured from the center of the door for the main entrance of the premise as determined by the entire boundaries of any United States census blocks located in the city and which census blocks are located wholly within or intersected by the radius, has a population of 750 or less.

 

c. If an applicant proposes to operate a retail sales-by-package premise located wholly within the following described locations:

 

1. 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.

 

2. That area bounded by Forester Road on the north, Mulberry Street on the east, St. Louis Avenue on the south and Hickory Street on the west.

 

3. The east and west sides of N.W. Prairie View Road, north of N.W. Barry Road extending north to Missouri Highway 152, on the north and south sides of N.W. Prairie View Road, west of the intersection of Interstate 29 and Highway 152 extending west to N. Congress Avenue, and at the southwest corner of Highway 152 and N. Congress Avenue.

 

4. That area bounded by Tiffany Springs Road on the north, Interstate 29 on the west, Missouri Highway 152 on the south and N. Ambassador Drive on the east.

 

5. That area bounded by 79th Street on the north, State Line Road on the west, 81st Street on the south and Ward Parkway on the east.

 

6. That area bounded by West 85th Terrace on the north, State Line Road on the west, West 89th Street on the south and Ward Parkway on the east.

 

7. That area bounded by, including and beginning from the intersecting point of the Kansas City Southern Railroad tracks and East Bannister Road, thence west along East Bannister Road to the intersecting point of Hillcrest Road, thence west along and including the block face frontage of the south side of east Bannister Road to the intersecting point of Hickman Mills Drive, thence northwest along Hickman Mills Drive to the intersecting point of Blue River Road, thence northeast along Blue River Road to the intersecting point of East 87th Street, thence east along and including the block face frontage of the north side of East 87th Street to the intersecting point of the Kansas City Southern Railroad tracks, thence south along the Kansas City Southern Railroad tracks to East Bannister Road.

 

8. That area bounded by East 29th Street on the north, Gillham Road on the east, East 30th street on the south and Oak Street on the west.

 

d. If an applicant proposes to operate a retail sales-by-package premise for the sale of malt beverages having an alcohol content not in excess of five percent by weight in the original package if the premise is located so that no residentially zoned property is within a radius of 600 feet from the premise as measured from the center of the door for the main entrance to the premise, and 80 percent or more of the gross sales on the premise 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.

 

e. If an applicant proposes to operate a retail sales-by-package premise and the size of the building is less than 5,000 square feet or the business does not generate 70 percent or more of its total gross receipts, other than receipts from the sale of motor vehicle fuel, from sales of inventory excluding alcoholic beverages, then all retail sales-by-package premises with a building size greater than 20,000 square feet and an average of 80 percent or more of total gross sales from inventory excluding alcoholic beverages will not be included in the total number of retail sales-by-package licenses located wholly within or intersected by a 3,000 foot radius from the applicant's current or proposed licensed premise.

 

(3) The determination of population contained within the entire boundaries of any United States census blocks located in the city, 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 premise, shall be made by adding the total population as determined by the most recent U.S. Decennial Census or, at the applicants choice, by requesting from the City Planning and Development Department of Kansas City, Missouri, the Kansas City Population Update Report prepared and signed by the city's planning and development department to determine population that is 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 the city, 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 premise, 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 (1)a., (1)b., and (1)c., located within the entire boundaries of each such United States census block. 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 the city, and which census blocks are located wholly within or intersected by a 3,000-foot radius from a proposed licensed premise, as measured from the center of the door for the main entrance to the premise, 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 premise 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 premise located in a census block wholly within or intersected by a 3,000-foot radius from the existing licensed premise, as measured from the center of the door for the main entrance to the premise, 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 the transfer of the real property where the premise is located to an entity that has the power of eminent domain, and who files an application for a new license within 12 months from the date of the transfer of the real property 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 premise shall be determined by the entrance naturally used by the public frequenting the establishment who shall furnish to the city two coordinates expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premise.

 

Sec. 10-214. Consents required.

 

(a)    Consent of neighboring property owners.

 

(1)               In the: (1) Crossroads Area which is defined as being bounded by Truman Road on the north, Troost Avenue on the east, the Kansas City Terminal Railway tracks on the south and by Interstate 35 on the West herein referred to as the "Crossroads Area" and (2) the Historic West Bottoms Area which is defined as being bounded by and beginning at the intersection of the west city limit and the south bank of the Missouri River, thence south along the west boundary of the city limit to the intersection with the north right of way line of 25th Street, thence east along the north right of way line of 25th Street to the intersection with the west right of way line of Allen Road, thence generally north along the west right of way line of Allen Road to the intersection with the west right of way line of Holly Avenue, thence north along the west right of way line of Holly Avenue to the intersection with the west right of way line of Beardsley Road, thence north along the west right of way line of Beardsley Road to the intersection with the north right of way line of 6th Street, thence east along the north right of way line of 6th Street to the intersection with the west right of way of Broadway Avenue, thence north along the west right of way line of Broadway Avenue to the intersection with the south bank of the Missouri River, thence west along the south bank of the Missouri River to the point of beginning herein referred to as the "Historic West Bottoms Area", no sales-by-drink, C.O.L. or sales-by-package alcoholic beverage license shall be issued for any premises as further described in this section unless the applicant shall, within 45 days of the filing of the application, furnish to the director, consent forms signed from a majority of eligible consenters as defined in this chapter from a minimum of 15 eligible property parcels as defined by geographic information systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the public works department of the city, wholly within or intersected by a radius of 250 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. For any premises that does not either intersect or include the boundaries of a minimum of 15 eligible property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1,500 feet until the premises is intersected by or within the boundaries of a minimum of 15 eligible property parcels. No more than thirty-five percent (35%) of the eligible property parcels included in the consent radius shall be comprised of property parcels that are owned by the same person, as person is defined in this chapter, or owned by an entity in which the same person has a majority ownership interest therein. If the same person, or an entity in which the same person has a majority ownership interest therein, owns multiple parcels within the boundaries of the consent radius, only those property parcels located within the closest proximity to the proposed premises, which account for thirty-five percent (35%) of the total eligible property parcels, will be included in the consent radius. If, after reviewing the ownership of the eligible property parcels and if some of the property parcels are determined to be no longer an eligible property parcel to consent because they are owned by the same owner as defined above, then the eligible property parcels shall be increased based on the incremental radius defined above to reach the minimum 15 eligible property parcel requirement. The center of the door for the main entrance to the premises shall be determined by the entrance most used by the public frequenting the establishment. The applicant must provide a notarized statement that all consent forms submitted to the director are from the property owners or tenants, as described in this section, that have been identified as eligible consenters and that no eligible consenter or tenant of an eligible consenter has received, either directly or indirectly, anything of value which may include but is not limited to any gift, compensation, loan, favor, privilege, service, courtesy or otherwise, in exchange for their consent. The consent requirement provided in this section shall apply to:

 

a. Any new premises;

 

b. Any premises that was previously licensed;

 

c. The expansion of any licensed premises;

 

d. Notwithstanding any other section of this chapter, any previously licensed or permitted premise where the license or permit was revoked;

 

e. Any licensed premises, including but not limited to a restaurant, tavern, hotel, bowling alley, grocery store, convenience store, that changes the type of business that was originally approved by the director;

 

f. Any premises intending to provide live entertainment as outlined in section 10-332 of this chapter; and

 

g. Any change in ownership of a licensed premises that meets the requirements outlined in section 10-266 of this chapter.

 

An applicant required to submit consents to the director shall furnish with the application two coordinates, expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises. If within the initial 45-day period for furnishing consents, an applicant files with the director a written request demonstrating good cause for an extension of time to furnish consents, the director may grant one extension of time for furnishing consents under this section up to an additional 45 days. An eligible consenter who originally gave their consent for a liquor license may withdraw their consent but only during the consent period by notifying the director in writing stating their desire to withdraw their consent. If an eligible consenter chooses to abstain from giving their consent, they will not be included in the total number of eligible consenters for which the applicant must obtain consents; however, the applicant must furnish a signed consent form from the property owner indicating that they have chosen to abstain from the consent process. For purposes of this section, a condominium as defined in this chapter that has less than five unit owners shall be considered as a single property parcel entitled to a total of two consents which consent shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has between five and 15 unit owners shall be considered as a single eligible property parcel entitled to a total of three consents which shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has more than 15 unit owners shall be considered as a single eligible property parcel entitled to a total of four consents which shall be validated only if a majority of the condominium unit owners give their consent. In lieu of a signed consent from an eligible property owner under this section, an applicant may furnish and the director shall accept a signed consent in proper form from a tenant of the property owner under the following conditions:

 

1.                  That the tenancy is for a term not less than one year; and

 

2.                  That applicant shall furnish to the director sufficient proof that the applicant has sent a notification to the eligible consenting owner in a form approved by the director, by U.S. certified mail; and

 

3.                  That the notification shall include the date of application, name and address of the applicant, the name and address of the proposed establishment, the type of license applied for, the proposed hours of operation, the proposed type of entertainment, if any, a statement that if the owner does not file an objection with director within 30 days of the date of the certified mailing of the notification, then the director will accept the signed consent of the tenant, the name, address, telephone and facsimile numbers of the director's office and instructions to the property owner for filing an objection to accepting the signed consent of the tenant.

 

(2) With the exception of the areas outlined in subsection (a)(1) of this section, no sales-by-drink, C.O.L. or sales-by-package alcoholic beverage license shall be issued for any premises as further described in this section unless the applicant shall, within 45 days of the filing of the application, furnish to the director, consent forms signed from a majority of eligible consenters as defined in this chapter from a minimum of 15 eligible property parcels as defined by geographic information systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the public works department of the city, wholly within or intersected by a radius of 250 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. For any premises that does not either intersect or include the boundaries of a minimum of 15 eligible property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1,500 feet until the premises is intersected by or within the boundaries of a minimum of 15 eligible property parcels. The center of the door for the main entrance to the premises shall be determined by the entrance most used by the public frequenting the establishment. The applicant must provide a notarized statement that all consent forms submitted to the director are from the property owners or tenants, as described in this section, that have been identified as eligible consenters and that no eligible consenter or tenant of an eligible consenter has received, either directly or indirectly, anything of value which may include but is not limited to any gift, compensation, loan, favor, privilege, service, courtesy or otherwise, in exchange for their consent. The consent requirement provided in this section shall apply to:

 

a. Any new premises;

 

b. Any premises that was previously licensed;

 

c. The expansion of any licensed premises;

 

d. Notwithstanding any other section of this chapter, any previously licensed or permitted premise where the license or permit was revoked;

 

e. Any licensed premises, including but not limited to a restaurant, tavern, hotel, bowling alley, grocery store, convenience store, that changes the type of business that was originally approved by the director;

 

f. Any premises intending to provide live entertainment as outlined in section 10-332 of this chapter; and

 

g. Any change in ownership of a licensed premises that meets the requirements outlined in section 10-266 of this chapter.

 

An applicant required to submit consents to the director shall furnish with the application two coordinates, expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises. If within the initial 45-day period for furnishing consents, an applicant files with the director a written request demonstrating good cause for an extension of time to furnish consents, the director may grant one extension of time for furnishing consents under this section up to an additional 45 days. An eligible consenter who originally gave their consent for a liquor license may withdraw their consent but only during the consent period by notifying the director in writing stating their desire to withdraw their consent. If an eligible consenter chooses to abstain from giving their consent, they will not be included in the total number of eligible consenters for which the applicant must obtain consents; however, the applicant must furnish a signed consent form from the property owner indicating that they have chosen to abstain from the consent process. For purposes of this section, a condominium as defined in this chapter that has less than five unit owners shall be considered as a single property parcel entitled to a single consent which consent shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has between five and 15 unit owners shall be considered as a single property parcel entitled to two consents which shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has more than 15 unit owners shall be considered as a single property parcel entitled to three consents which shall be validated only if a majority of the condominium unit owners give their consent. In lieu of a signed consent from an eligible property owner under this section, an applicant may furnish and the director shall accept a signed consent in proper form from a tenant of the property owner under the following conditions:

 

1.                  That the tenancy is for a term not less than one year; and

 

2.                  That applicant shall furnish to the director sufficient proof that the applicant has sent a notification to the eligible consenting owner in a form approved by the director, by U.S. certified mail; and

 

3.                  That the notification shall include the date of application, name and address of the applicant, the name and address of the proposed establishment, the type of license applied for, the proposed hours of operation, the proposed type of entertainment, if any, a statement that if the owner does not file an objection with director within 30 days of the date of the certified mailing of the notification, then the director will accept the signed consent of the tenant, the name, address, telephone and facsimile numbers of the director's office and instructions to the property owner for filing an objection to accepting the signed consent of the tenant.

 

(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. The director will mail consent forms to the applicant at the same time the director mails the written notification of application to the eligible consenters and the appropriate registered neighborhood associations.

 

(c) Form of consent. Consents required under the provisions of this section shall be in writing on a form provided by the director and shall contain a statement that the person signing is a bona fide eligible consenter under the provisions of this section. Any consent form that has been submitted from an eligible consenter or tenant of an eligible consenter who has received, either directly or indirectly, anything of value which may include but is not limited to compensation, gift, loan, favor, privilege, service, courtesy or otherwise, in exchange for their consent will become null and void and therefore will not be accepted.

 

(d) Within 45 days of the filing of an application for a retail sales-by-drink, C.O.L. or sales-by-package license, if the owners of not less than 50 percent of the property parcels wholly within or intersected by a radius of 350 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises file with the director a petition requesting a hearing before the director on whether the issuance of the license or sales permit will be in the best interests of the locality involved, then the director shall notify the applicant and property owners of the date, time and place of a hearing to determine the issue based on the factors set forth in section 10-241 of this chapter. If within the initial 45-day period for furnishing consents, an applicant files with the director a written request demonstrating good cause for an extension of time to furnish consents, and the director has granted the applicant one extension of time for furnishing consents under this section up to an additional 45 days, then the director shall allow the same amount of additional time to file a petition under this subsection.

 

(e) 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 beverages having an alcohol content not in excess of five percent by weight in the original package if the applicant invokes the exemption from the density provisions contained in section 10-211(2)(d) of this chapter.

 

(f) Failure to obtain consents. The director shall not accept an application for a premise where any applicant has failed to successfully complete the consent process two times within a 12-month period unless 12 months have passed from the date of the most recent denial by the director or withdrawal by an applicant of an application.

 

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Approved as to form and legality:

 

 

_______________________________

Lana K. Torczon

Assistant City Attorney