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Legislation #: 141084 Introduction Date: 12/18/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by amending Section 10-335, Prohibited acts on sales-by-drink premises, to allow a sales-by-drink licensee to give free samples of alcoholic beverages to customers and to sell any alcoholic beverage at retail for less than the price paid at wholesale.

Legislation History
DateMinutesDescription
12/18/2014 Filed by the Clerk's office
12/18/2014 Referred to Public Safety & Emergency Services Committee
1/7/2015 Do Pass as a Committee Substitute
1/8/2015 Assigned to Third Read Calendar
1/15/2015 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 141084

 

Amending Chapter 10, Code of Ordinances, by amending Section 10-335, Prohibited acts on sales-by-drink premises, to allow a sales-by-drink licensee to give free samples of alcoholic beverages to customers and to sell any alcoholic beverage at retail for less than the price paid at wholesale.

 

WHEREAS, there are an increasing number of retail sales by drink liquor license holders in Kansas City, Missouri who sell a wide variety of specialty wines and craft beers who would like to have the ability to offer customers a free sample prior to purchase; and

 

WHEREAS, there has been a steady increase in the number of manufacturers and microbreweries in Kansas City, Missouri who produce and manufacture their own original alcoholic beverages who would like to have the ability to offer customers a free sample of their products prior to purchase; and

 

WHEREAS, there is no Missouri state statute in place that prohibits a retail sales by drink license holder from giving away alcoholic beverages; 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 10-335, Prohibited acts on sales-by-drink premises, and enacting in lieu thereof a new section of like number and subject matter to read as follows:

 

Sec. 10-335. Prohibited acts on sales-by-drink premises.

 

(a) Upon the licensed premises of a sales-by-drink licensee, no licensee, nor any employee of the licensee, shall:

 

(1) Allow any person to remove from the premises any alcoholic beverage provided for consumption on the premises;

 

(2) Sell, give away or serve water, soda water, phosphates or any other kind of liquid to be used for the purpose of mixing intoxicating drinks, commonly referred to as "setups";

 

(3) Allow any customer, while in or upon the premises, to pour into, mix with or add intoxicating liquor to water, soda water, ginger ale, seltzer, malt, phosphates or any other kind of liquid or other liquor;

 

(4) Allow any person to drink or consume any alcoholic beverage directly out of any bottle, if the volume size of the bottle exceeds 16 ounces, or if the alcohol content of the beverage exceeds 15 percent, by volume;

 

(5) Allow any employee to solicit any customer to purchase alcoholic beverages or nonalcoholic beverages, either for that employee or for another employee;

 

(6) Allow any employee directly participating in the sale of alcoholic beverages as defined by section 10-5 to consume any alcoholic beverage;

 

(7) Allow any employee directly participating in the sale of alcoholic beverages as defined by section 10-5 to sit at any bar or table with any customer except for a reasonable period of time while actually engaged in taking a food or drink order;

 

(8) Allow any employee, except a dance instructor, to dance with any customer; or

 

(9) Sell or give away any drug, medicine or controlled substance to any person, provided that nothing in this section shall prohibit the licensee, any of its employees or any other person from possessing or using a drug, medicine or controlled substance in a lawful manner, provided that this shall not apply to hotels, apartment hotels, motels, inns, lodges or similar places providing principally transient residential accommodations and having at least 40 rooms for overnight accommodation or restaurant bars as defined in this chapter.

 

(b) This section shall not be construed to prohibit any of the acts described in subsections (1) through (4) of this section in any private guest room or private dining room of any duly licensed hotel, motel or club.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney