ORDINANCE NO. 190869

Amending Chapter 10, Code of Ordinances, by repealing Section 10-373, Employment of minors, and enacting in lieu thereof a new section of like number and subject matter that reflects recently enacted state statutes.

WHEREAS, multiple liquor distillers, warehouses, wholesalers, and other like businesses are open in the City; and

WHEREAS, Section 311.300 of the Missouri State Statute was recently changed to regulate minors who work for distillers, warehouses, wholesalers, and other like businesses, and the City desires for City ordinances to complement state statues; NOW, THEREFORE,

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 10-373, Employment of minors, and replacing it with a new section of like number and subject matter to read as follows:

Sec. 10-373. Employment of minors.

Pursuant to RSMo 311.300, 11 CFR 70-2.140 and section 10-332(c), licensees approved by the state supervisor of liquor control may employ minors under the following conditions:

(1) Section 10-102 or 10-103 sales-by-drink and section 10-110 C.O.L. licensees. Persons 18 through 20 years of age may be employed by sales-by-drink or C.O.L. licensees to work on the premises if they do not sell, assist in the sale of, dispense, serve or deliver alcoholic beverages to any person.

(2) Section 10-102 or 10-103 sales-by-drink and section 10-110 C.O.L. restaurant-bar licensees.

a. Persons 18 through 20 years of age may be employed by sales-by-drink or C.O.L. licensees whose premises qualify as a restaurant-bar as defined in section 10-1, to work on the premises as waiters or waitresses. Minors so employed may serve alcoholic beverages and accept payment for alcoholic beverages, but may not mix or serve alcoholic beverages across the bar. Minors who work as a waiter or waitress and serve alcoholic beverages or accept payment for alcoholic beverages must have a valid employee liquor permit in their possession as required under section 10-291.

b. Persons 16 and 17 years of age may be employed by sales-by-drink or C.O.L. restaurant-bar licensees to work on the premises if they do not sell, assist in the sale of, dispense, serve or deliver alcoholic beverages to any person. Licensees employing persons 16 or 17 years of age under this subsection shall, prior to employing the minor, require his or her parents or legal guardian to give their written consent to the employment, in a manner and form approved by the director. In addition to placing the minor's name in the register of employees, the consent and proof of the minor's age shall be maintained on file by the licensee and shall be available for inspection, at any time, by the director or the director's agents or the police department during the minor's term of employment. An authentic birth certificate, hospital birth record, religious record or public school record shall be adequate proof of the minor's age. In an emergency, a minor may be employed, without the required consent, for a period not to exceed 48 hours. Minors employed under the terms of this subsection are not required to obtain employee liquor permits under section 10-291.

(3) Sections 10-112, 10-113 and 10-114 original package sales licensees without 50 percent gross sales of other merchandise. Persons 18 through 20 years of age may be employed by original package licensees without 50 percent gross sales of other merchandise to work on the premises to stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out alcoholic beverages, so long as there is an employee of the licensee, not less than 21 years of age, holding a valid employee permit issued under this chapter, upon the licensed premises during all hours of operation. Minors employed under this subsection may not deliver alcoholic beverages away from the licensed premises. Minors employed under this subsection must have a valid employee liquor permit in their possession as required under section 10-291.

(4) Sections 10-112, 10-113 and 10-114, original package sales licensees with 50 percent of gross sales other merchandise. Persons 18 through 20 years of age may be employed by original package sales licensees to work on the premises to stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out alcoholic beverages if at least 50 percent of the gross sales made consists of goods, merchandise or commodities other than alcoholic beverages. Minors employed under this subsection may not deliver alcoholic beverages away from the licensed premises. Minors employed under this subsection must have a valid employee liquor permit in their possession as required under section 10-291.

(5) In any distillery, warehouse, wholesale distributorship, or similar place of business which stores or distributes intoxicating liquor but which does not sell intoxicating liquor at retail, persons at least eighteen years of age may be employed and their duties may include the handling of intoxicating liquor for all purposes except consumption, sale at retail, or dispensing for consumption or sale at retail.

(6) Any wholesaler licensed pursuant to this chapter may employ persons of at least eighteen years of age to:

(a)                Rotate, stock and arrange displays at retail establishments licensed to sell intoxicating liquor; and

(b)               Unload delivery vehicles and transfer intoxicating liquor into retail licensed premises if such persons are supervised by a delivery vehicle driver who is twenty-one years of age or older.

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Approved as to form and legality:

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Emalea Black

Assistant City Attorney