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Legislation #: 200377 Introduction Date: 5/14/2020
Type: Ordinance Effective Date: 5/22/2020
Sponsor: MAYOR LUCAS, COUNCILMEMBERS BOUGH AND BUNCH
Title: Temporarily suspending the requirement for eating and drinking establishments to comply with the parking ratios set forth in Section 88-420-06 of the Code of Ordinances; authorizing the use of eating and drinking establishment parking lots and greenspace as outdoor dining space due to the COVID-19 virus; establishing regulations for such use of parking lots and greenspace; and amending Chapter 10, Code of Ordinances, entitled “Alcoholic Beverages,” by enacting a new section to allow for the temporary approval of expansion of premises retail sales-by-drink licenses.

Legislation History
DateMinutesDescription
5/14/2020 Filed by the Clerk's office
5/14/2020 Referred to Neighborhood Planning and Development Committee
5/20/2020 Advance and Do Pass as a Committee Substitute, Debate
5/21/2020 Councilmember Bough (Second by Bunch) Move to Amend
5/21/2020 Councilmember Bough (Second by Bunch) Move to Advance
5/21/2020 Passed as Substituted and Amended

View Attachments
FileTypeSizeDescription
200377.pdf Authenticated 171K Authenticated Ordinance
Fw Temporary Alcohol Ordinances.msg Other 90K Public Testimony - Bill Teel
200377 cs to org ord-com.docx Compared Version 26K Colored Compared Version
Testimony - Dr. Rex Archer 5.20.2020.doc Other 1388K Testimony - Dr. Rex Archer
Testimony - Michael Kelley 5.19.2020.msg Other 122K Testimony - Michael Kelley

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 200377

 

Temporarily suspending the requirement for eating and drinking establishments to comply with the parking ratios set forth in Section 88-420-06 of the Code of Ordinances; authorizing the use of eating and drinking establishment parking lots and greenspace as outdoor dining space due to the COVID-19 virus; establishing regulations for such use of parking lots and greenspace; and amending Chapter 10, Code of Ordinances, entitled “Alcoholic Beverages,” by enacting a new section to allow for the temporary approval of expansion of premises retail sales-by-drink licenses.

 

WHEREAS, on March 12, 2020, a proclamation of a state of emergency (the “Proclamation”) was issued to allow the City of Kansas City to take measures to reduce the possibility of exposure to COVID-19 and promote the health and safety of Kansas City residents; and

 

WHEREAS, the COVID-19 virus spreads between people who are in close contact with one another; and

 

WHEREAS, on March 16, 2020, and in accordance with the latest CDC guidelines announced by the President, Mayor Quinton Lucas updated his Proclamation to disallow gatherings or events with more than 10 persons; and

 

WHEREAS, on March 21, 2020, Mayor Lucas issued an Amended Emergency Proclamation and Second Amended Order 20-01, also known as the Stay-At-Home order; and

 

WHEREAS, on May 11, 2020, Mayor Lucas issued a Sixth Amended Order 20-10 to supersede all prior orders and, in consultation with the Health Department Director Rex Archer, M.D., also announced re-opening guidelines for Kansas City restaurants; and

 

WHEREAS, the restaurant guidelines require ten-foot distancing to be maintained between tables and six-foot distancing between different parties; and

WHEREAS, the City wishes to encourage and support businesses by enacting regulations to support their growth in the city and the safety of its citizens; and

 

WHEREAS, the City recognizes that the use of outdoor spaces can add additional economic activity to City businesses as we begin the reopening process; and

 

WHEREAS, the City now wishes to allow for the temporary use of eating and drinking establishment parking lots and greenspace for additional outdoor seating; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Parking ratios. That the requirement for eating and drinking establishments as defined in Section 88-805-04-I of the Code of Ordinances to comply with the parking ratios set forth in Section 88-420-06 is temporarily suspended for seven months from the effective date of this ordinance, for the sole purpose of allowing eating and drinking establishments to use parking lots for outdoor seating and dining space.

 

Section 2. Standards and conditions. Notwithstanding Section 88-420-11, the use of eating and drinking establishment parking lots for outdoor seating and dining space is approved, subject to the following standards and conditions:

 

(1)               Seating shall only be permitted in striped parking spaces; no seating shall be permitted in drive aisles unless otherwise approved by the director of city planning and development.

 

(2)               ADA parking spaces may not be used for temporary seating. All other parking spaces may be used for temporary seating, provided that doing so can be done safely and in compliance ADA requirements.

 

(3)               Greenspace may be used for seating, but no seating shall be permitted to encroach into required setbacks.

 

(4)               Temporary seating shall be ADA accessible.

 

(5)               Service of alcohol shall be permitted, provided the applicant has an existing retail sales-by-drink license pursuant to Chapter 10 of the City Code.

 

(6)               The temporary use of parking lots for outdoor seating and dining space shall only be permitted for seven months from the effective date of this ordinance, and such use shall end upon that date, at which time full compliance with the parking ratios set forth in Section 88-420-06 shall be required.

 

(7)               Outdoor seating areas shall be subject to inspection.

 

(8)               Outdoor seating areas shall comply with design guidelines prepared and issued by the director.

 

Section 3. Registration. Prior to establishing outdoor seating in an eating and drinking establishment parking lot or greenspace, applicants must register the use with the director of city planning and development and submit the following information: layout, drawn to scale, which accurately depicts the dimensions of the existing area to be utilized for outdoor seating and the proximity to the eating and drinking establishment, as well as the proposed location of the tables and chairs in compliance with the distancing requirements set forth in the Mayor’s restaurant guidelines, as such guidelines may be amended.

 

Section. 4. Administration. The director of city planning and development shall have the authority to establish reasonable regulations for the use of parking lots and greenspace as outdoor seating, not inconsistent with this ordinance, and may designate another city official under his or her supervision to administer the process.

 

Section 5. Enforcement. Violations, penalties and enforcement of Sections 1 through 4 of this ordinance shall be as stated in Section 88-615 of the Code of Ordinances.

 

Section 6. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting a new section 10-142 entitled “Temporary approval of expansion of premises for parking lots” to read as follows:

 

Sec. 10-142. Temporary approval of expansion of premises for parking lots.

 

(a)    Temporary approval authorized. Notwithstanding the requirements of sections 10-161, 10-162, 10-212, 10-214, and 10-312, the director is authorized to approve a temporary expansion of licensed premises for the use of parking lots and greenspace as outdoor dining space for a period not to exceed seven months from the effective date of this ordinance, pursuant to the following conditions:

 

(1)               The licensee has an active sales-by-drink license as issued by the director.

 

(2)               The licensee is in compliance with the outdoor seating requirements contained in Committee Substitute for Ordinance No. 200377.

 

(3)               The licensee is in compliance with all other requirements of this chapter.

 

(b)   Approval process. The director shall verify that the licensee conforms to the requirements in subsection (a) of this section. If the applicant is in compliance, the director shall approve a temporary expansion of licensed premises and immediately notify the licensee that it has been approved.

 

(c)    Consumption on premises. Except as otherwise authorized by law, the licensee, and all employees or agents thereof shall not remove or allow any other person to remove any alcoholic beverage provided for consumption from the licensed premises, including the temporarily expanded premises as authorized by the director of city planning and development.

 

(d)   Expiration. The temporary expansion of the licensed premises shall not to exceed 90 days but may be renewable for a total period not to exceed seven months from the effective date of this ordinance.

 

(e)    Revocation, appeal. The director shall have the authority to revoke a temporary expansion of licensed premises for any reason provided in section 10-36. The denial or revocation of a temporary expansion of licensed premises shall be appealable as provided in section 10-62 (a), (c) and (d). However, an eligible consenter shall have no right to appeal the approval or location of a temporary expansion of licensed premises.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney