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Legislation #: 040307 Introduction Date: 3/18/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing Section 10-212, Distance from churches or schools, by changing the exemptions to include an additional property.

Legislation History
DateMinutesDescription
3/18/2004

Prepare to Introduce

3/18/2004

Referred Neighborhood Development and Housing Committee

3/24/2004

Hold On Agenda

3/31/2004

Advance and Do Pass as a Committee Substitute

4/1/2004

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040307

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-212, Distance from churches or schools, by changing the exemptions to include an additional property.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 10-212, Distance from churches or schools, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 10-212. Distance from churches or schools.

 

(a) No alcoholic beverage license shall be issued for any location when the premises are within 300 feet of a school or church, measured from the nearest point of the enclosing wall of the premises to the nearest point of the school or church property. However, if a dwelling is the site of a proposed catered function, occasion or event, the requirements for the distance from any school or church is reduced to within 100 feet from the church or school. This provision shall not prohibit a church or school, meeting the requirements of this chapter, from holding a catered function, occasion or event on the property of the school or church.

 

(b) No alcoholic beverage license shall be issued for the expansion of any existing premises

within 300 feet of a school or church, measured from the nearest point of the enclosing wall of the premises to the nearest point of the school or church property.

 

(c) The property for a licensed premises situated thereon, legally established within

300 feet of a church or school prior to the adoption of this chapter, shall remain eligible for the location of a licensed premises within 300 feet of the church or school under the following conditions:

 

(1) the licensed premises must have been legally established within 300 feet of a church or school prior to the adoption of this chapter, and

(2) an application for a new license for the premises must be filed within 120 days from the latter date that:

 

a. the licensee surrenders the license, or

 

b. the date that the license is canceled, terminated or revoked by the city, or

 

c. the date that the licensee cancels, terminates or abandons the lease, and

(3) a relocation of the original premises to another location on the property shall not be permitted; and


(4) changes from an existing retail sale-by-drink license to any other license classification, or from an existing sale-by-package license to any other license classification, or from any other classification of license issued under this chapter to another license classification shall not be permitted, and

 

(5) All other requirements for licensing a premises under this chapter are met.

 

(d) The provisions of section 10-212 (a) shall not apply for the location of a proposed premises for a restaurant-bar sale-by-drink establishment if the proposed premises is located in an area of the city zoned C3a2 as of the effective date of the ordinance enacting this subsection.

 

(e) The provisions of Section 10-212 (a) shall not apply for the location of a proposed premises for a restaurant-bar sale-by-drink establishment if the proposed premises is located wholly within the following described location: that area bounded by and including the block face frontage on 17th Street Terrace on the north, Woodland Avenue on the east, 19th Street on the south and Paseo Boulevard on the west.

 

(f) The provisions of Section 10-212(a) shall not apply for the location of a proposed premises for a retail sale-by-drink establishment if the proposed premises is located on city owned property within the following described location: that area bounded by 17th Street Terrace on the north, Highland Avenue on the east, 18th Street on the south and Vine Street on the west.

 

(g) The provisions of Section 10-212 (a) relating to the distance from churches but not schools shall not apply for the location of a proposed premises in a planned district defined in Sections 80-272 through 80-281 of the Code of Ordinances, which includes a church as part of a development plan approved by the City Council.

 

(h) The provisions of Section 10-212 (a) relating to the distance from churches but not schools shall not apply for the location of a proposed premises in a general planned development district defined in Chapter 80 of the Code of Ordinances:

 

(1) which is zoned either GP2 or GP3 and is also zoned either GP-4 or GP-5 and which has been merged into a single zone on the basis of an appropriate integrated design plan; and

 

(2) which includes a church as part of a development plan approved by the City Council.

 

(i) The provisions of subsection 10-212(a) shall not apply for the location of a proposed premises for a sales by package premises if the proposed premises is located wholly within the following described legal description: 3900 Prospect/South 50 feet of west 112 feet of east 122 feet Lot 1 north 15.64 feet of west 112 feet of east 122 feet Lot 2, Block 1, Geo West Warders Addition, a subdivision in Kansas City, Jackson County, Missouri.

 

______________________________________________________

 

Approved as to form and legality:

 

 

___________________________

Lana K. Torczon

Assistant City Attorney