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Legislation #: 981417 Introduction Date: 12/10/1998
Type: Ordinance Effective Date: 1/8/1999
Sponsor: COUNCILMEMBER ZCLEAVER(OLD)
Title: Amending Chapter 10 of the Code of Ordinances, entitled Alcoholic Beverages, by repealing therein Section 10-331 and enacting in lieu thereof a new Section of like number and subject matter.

Legislation History
DateMinutesDescription
12/10/1998

Prepare to Introduce

12/10/1998

Referred Finance & Administration Committee

12/16/1998

Do Pass as a Committee Substitute

12/17/1998

Assigned to Third Read Calendar

12/21/1998

Amended

12/21/1998

Passed as Substituted and Amended

12/29/1998

Reconsidered

12/29/1998

Amended

12/29/1998

Passed As Further Amended


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 981417, AS AMENDED

 

Amending Chapter 10 of the Code of Ordinances, entitled Alcoholic Beverages, by repealing therein Section 10-331 and enacting in lieu thereof a new Section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 10 of the Code of Ordinances, entitled Alcoholic Beverages, is hereby amended by repealing therein Section 10-331 and enacting in lieu thereof a new Section of like number and subject matter which reads as follows:

 

Sec. 10-331. Distance from churches or schools.

 

(a) No alcoholic beverage license shall be issued for any new location or for the expansion of any existing premises 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) Whenever a license legally established within 300 feet of a church or school prior to the adoption of this chapter, is canceled, terminated or surrendered due to any federal, state, county, city or local governmental action, or due to loss of lease through no fault of the landlord or licensee, or due to destruction of the premises by fire, flood or other natural disaster, then the licensee may be relocated within 300 feet of the original church or school location, provided the location of the premises meets all other requirements of this chapter and is not within 300 feet of another church or school.

 

(c) The provisions of section 10-331 (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 this ordinance.

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Approved as to form and legality:

 

 

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Assistant City Attorney