ORDINANCE NO. 071255
Amending Chapter 10, Code of
Ordinances, by repealing Sections 10-1, Definitions, and 10-211, Number of
retail alcoholic beverage licenses, and enacting in lieu thereof new sections of
like number and subject matter which adds the definition of a Kansas City
Population Update Report and under 10-211(3) adds the option for an applicant
to request a Kansas City Population Update Report in place of the most recent
U.S. Decennial Census as the Kansas City Population Update Report may provide a
more up to date report of the population in the requested area.
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 Sections 10-1, Definitions, and 10-211, Number of retail
alcoholic beverage licenses, and enacting in lieu thereof new sections of like
number and subject matter, to read as follows:
Sec. 10-1. Definitions.
As used in this
chapter:
Alcohol
beverage vaporizer means any device which, by means of heat, a
vibrating element or any method, is capable of producing a breathable mixture
containing any one or more alcoholic beverages to be dispensed for inhalation
into the lungs via the nose and/or mouth.
Alcoholic
beverages means intoxicating liquor, malt liquor or nonintoxicating
beer.
Annual gross
sales means the gross sales shown on the prior year's state sales tax
receipt or the prior year's convention and tourism tax filings or city
occupational license tax receipt for an applicant or licensee.
All-age
concert means a live musical performance by one or more individuals
playing instruments and or vocalists accompanied by live music to which
admission tickets are sold to the public and is advertised as a performance
which admits persons under the age of 21.
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.
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.
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.
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 the city 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 the city, or property owned by the federal government, the state, and
political subdivisions of the state, the city, the federal government, the
state, 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.
Kansas City
Population Update Report means a report prepared and signed by the City
Planning and Development Department of Kansas City, Missouri that will provide
an estimated population for a designated area based on housing units reflected
in building permits for new construction and non-residential conversions to
housing units minus the housing units reflected in permits for demolition of
housing and then multiplied by the percentage of housing units that were
occupied in all census blocks based on the most recent U.S. Decennial Census and
multiplied by the average persons per household based on the most recent U.S.
Decennial Census and added to the population from the most recent U.S.
Decennial Census. This report will be obtained by the applicant who will be
responsible for any costs that may be associated with the preparation of this
report.
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 five 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.
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 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
amusement means any establishment whose primary business is to offer
games of skill or sport, such as bowling alleys and golf courses.
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, including any outside area regularly used as a play or
assembly area, 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 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.
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. 10-211. 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 Trafficway 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 premises, as measured from the
center of the door for the main entrance to the premises. 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 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 entrance naturally used by the public frequenting the
establishment who 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 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 and consumed 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 one 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 made and consumed on the premises.
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:
(i) 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 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 and
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.
(ii) 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.
(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 within 3,000-feet of the city limits of Kansas
City, Missouri, 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, 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 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 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 entrance naturally used by the public frequenting the establishment who
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 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 non-alcohol 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 non-intoxicating 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 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 premises, 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 Citys 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 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 the city, 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 non-renewal, 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 non-renewal 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 the transfer of the real
property where the premises are 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 premises 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
premises.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney