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Legislation #: 140484 Introduction Date: 6/12/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER AND COUNCILMEMBER SHARP
Title: Amending Chapter 10, Code of Ordinances, by repealing Section 10-291, Generally, and enacting in lieu thereof a new section of like number and subject matter which specifically eliminates crimes against property and DUI as felony crimes that currently prohibits a person to immediately receive an employee liquor permit.

Legislation History
DateMinutesDescription
6/12/2014 Filed by the Clerk's office
6/12/2014 Referred to Public Safety & Emergency Services Committee
6/25/2014 Advance and Do Pass as a Committee Substitute, Debate
6/26/2014 Passed as Substituted

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140484.pdf Authenticated 257K Authenticated
revised fact sheet.docx Fact Sheet 30K revised fact sheet
revised fact sheet.doc Fact Sheet 103K revised fact sheet
140484 Fact Sheet.pdf Fact Sheet 151K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140484

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-291, Generally, and enacting in lieu thereof a new section of like number and subject matter which specifically eliminates crimes against property and DUI as felony crimes that currently prohibits a person to immediately receive an employee liquor permit.

 

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 10-291, Generally, and enacting in lieu thereof a new section of like number and subject matter to read as follows:

 

Sec. 10-291. Generally.

 

(a) No person shall be issued an employee liquor permit by the director unless the person is at least 21 years of age, except as otherwise provided by section 10-373. An employee liquor permit shall not be issued to any person who:

 

(1) Is a dangerous offender, persistent sexual offender or predatory sexual offender or has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state) for murder, voluntary manslaughter, forcible rape, forcible sodomy, kidnapping, false imprisonment, first degree child molestation, second degree child molestation, sexual abuse or an attempt to commit any of the preceding crimes or an offense of a similar nature in other states as determined by the director.

 

(2) Is otherwise disqualified by state statutes or by the Code of State Regulations for employment on the licensed premises of an alcoholic beverage establishment.

 

(3) Within eight years of the date of application has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state) or has been released from confinement for a felony conviction, whichever is latest, involving a crime against a person or an offense of a similar nature in other states as determined by the director.

 

(4) Within four years of the date of application has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state) or has been released from confinement for a felony conviction, whichever is latest, involving the sale or possession of controlled substances or illegal drugs or narcotics or intent to distribute controlled substances or illegal drugs or narcotics or an offense of a similar nature in other states as determined by the director.

 

(5) Has been issued an alcoholic beverage license or permit from this or any other city or state that is currently suspended, or that has been revoked within 5 years immediately preceding the application.

 

(b) Application. Each application for an employee liquor permit shall be filed with the director on a form supplied by the director and shall be signed by the applicant. The application shall include:

 

(1) The applicant's complete name, home address, home telephone number, date of birth, and motor vehicle operator's license or other identification number.

 

(2) The applicant's height, weight, color of eyes, color of hair, and sex.

 

(3) A statement by the applicant affirming whether he or she is a convicted felon.

 

(4) A statement by the applicant of whether or not he or she has held an alcoholic beverage license or employee permit, and, if so, when and by what state or city the license or permit was issued, and whether or not any such license or permit has ever been suspended, revoked or disqualified, and, if suspended, revoked or disqualified, when and for what reason.

 

(5) An authorization signed by the applicant allowing law enforcement and probation and parole agencies to release criminal record information concerning the applicant.

 

(6) The applicant's criminal history record.

 

(7) A photograph of the applicant, to be taken by the director or his agents.

 

(8) A non-refundable application fee will be paid by the applicant to defray the cost of the application process and the required background check.

 

(c) Issuance. If the applicant meets the requirements of this section and this chapter, the director shall issue an employee liquor permit to the applicant which shall be valid for three years from the date of issuance. Upon expiration of the permit, the applicant may obtain a new permit in the same manner as provided in this section.

 

(d) Form of permit. Each employee liquor permit shall bear the physical description and photograph of the applicant and shall be laminated or be in a form, otherwise approved by the director, to prevent alteration.

 

(e) Invalidation, suspension or revocation. If any person who has been issued and holds an employee liquor permit shall be found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state), as described in subsection (a), the permit shall be void. If any permittee shall violate or contribute to the violation of any of the provisions of this chapter, the director may file a request for hearing before the board in the manner provided in section 10-62(b) of this chapter to consider whether the permit should be suspended or revoked.

 

(f) Employment of felons. A retail licensee may employ a person convicted of any felony, as described in subsection (a), unrelated to the manufacture or sale of intoxicating liquor, so long as the felon does not directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages as defined in section 10-5 of this chapter. Any retail licensee who employs a felon, as described in subsection (a), shall report the identity of that person to the director within ten days of the person's employment using forms provided by the director for that purpose.

 

(g) Possession and exhibition. While directly participating in the retail sale, service, delivery or dispensation of alcoholic beverages, any person holding an employee liquor permit under the provisions of this section shall be required to have the permit in his or her possession, and the permit shall be exhibited to the director or the director's agents or to any officer of the city police department upon demand. Failure of any person to exhibit an employee liquor permit as required by this subsection shall be prima facie evidence that the person does not hold a permit.

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney