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Legislation #: 160282 Introduction Date: 4/14/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 10, Alcoholic Beverages, by repealing Article III, Classification of licenses and license fees, and Section 10-337, Package sales licenses; prohibitions and requirements, and enacting in lieu thereof new sections of like number and subject matter which eliminates liquor licenses and permits that are no longer in effect under Missouri State Statutes and revises current ordinance language for clarification purposes.

Legislation History
DateMinutesDescription
4/13/2016 Filed by the Clerk's office
4/14/2016 Referred to Neighborhoods and Public Safety Committee
4/27/2016 Advance and Do Pass, Debate
4/28/2016 Passed

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10-109, 10-110, 10-114, 10-127, 10-138, and 10-337 - COL, Tasting and language clean-up - 4-4-2016.doc Fact Sheet 40K article III, classification of licenses and license fees, and section 10-337, package sales licenses;
10-109, 10-110, 10-114, 10-127, 10-138 and 10-337 - C.O.L. and Tasting Licenses - 3-31-2016.docx Compared Version 30K article III, classification of licenses and license fees, and section 10-337, package sales licenses;

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ORDINANCE NO. 160282

 

Amending Chapter 10, Alcoholic Beverages, by repealing Article III, Classification of licenses and license fees, and Section 10-337, Package sales licenses; prohibitions and requirements, and enacting in lieu thereof new sections of like number and subject matter which eliminates liquor licenses and permits that are no longer in effect under Missouri State Statutes and revises current ordinance language for clarification purposes.

 

WHEREAS, a license for nonintoxicating beer is no longer required or offered under Missouri State Statutes; and

 

WHEREAS, the current ordinance language that outlines an original package tasting license is incomplete and improperly located in an article that deals with the conduct of business rather than the article that deals with the classification of licenses and license fees; and

 

WHEREAS, the option to apply for and receive a festival district temporary permit was eliminated from the Missouri State Statute as it had a sunset clause and is therefore no longer an option under the Code of Ordinances of the City of Kansas City, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 10, Article III, and Section 10-337 is hereby amended by repealing Sections 10-109, 10-110, 10-114, 10-127, 10-138 and 10-337 and adding two new sections with said replaced and new sections to read as follows:

Sec. 10-109. Reserved.

Sec. 10-110. C.O.L. consumption of alcoholic beverages license.

A C.O.L. license authorizes the licensee to allow the consumption of intoxicating liquor on the licensed premises during the hours intoxicating liquor can be sold by section 10-102 full sales-by-drink licensees.

Sec. 10-114. - Original package tasting license.

(a) Notwithstanding any other provisions of this chapter to the contrary, any person possessing the qualifications and meeting the requirements of this chapter who is licensed to sell intoxicating liquor in the original package at retail under sections 10-112 and 10-113, may apply for an original package tasting license to conduct wine, malt beverage and distilled spirit tastings on the licensed premises.

 

(b) Nothing in this section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.

Sec. 10-127. License and permit fees.

The following fees shall be paid to the city treasurer before the respective license or permit prescribed in this section is issued:

 

Each full sales-by-drink license .....

$450.00 per year

Each malt liquor and light wine sales-by-drink license .....

52.50 per year

Each intoxicating liquor sales-by-drink license for consumption on the premises where sold, issued to any church, school, civic, service, fraternity, veteran, political or charitable club or organization for a picnic, bazaar, fair or similar gathering .....

15.00 per license

Retail sales-by-drink Sunday license .....

300.00 per year

Retail sales by package Sunday license .....

300.00 per year

Each catering permit .....

15.00 for each calendar day, or fraction thereof, for which the permit is issued

Each convention trade area 3:00 a.m. closing permit .....

450.00 per year

Each temporary 3:00 a.m. closing permit .....

75.00 per permit

Each nonprofit organization 6:00 a.m. closing permit .....

450.00 per year

Each Fourth of July celebration temporary malt liquor and light wine sales-by drink permit .....

100.00

Each license for sales-by-drink in common eating and drinking area .....

450.00 per year

Each C.O.L. license where either food, beverages or entertainment are provided for compensation of any kind .....

300.00 per year

Each full original package sales license .....

150.00 per year

Each malt liquor original package sales license .....

22.50 per year

Each original package tasting license .....

35.00 per year

Each wholesaler's license for sale of alcoholic beverages of all kinds to retailers .....

375.00 per year

Each wholesaler's license for sale of alcoholic beverages not in excess of 22 percent of alcohol by weight to retailers .....

150.00 per year.

Each wholesaler's license for sale of malt liquor containing not in excess of 5 percent of alcohol by weight or nonintoxicating beer to retailers .....

75.00 per year

Each wholesaler's license for sale of alcoholic beverages of all kinds to wholesalers .....

375.00 per year

Each wholesaler's license for sale of alcoholic beverages not in excess of 22 percent of alcohol by weight to wholesalers .....

150.00 per year

Each wholesaler's license for sale of malt liquor containing not in excess of 5 percent of alcohol by weight to wholesalers .....

75.00 per year

Each manufacturer's license to manufacture, distill or blend alcoholic beverages of all kinds .....

300.00 per year

Each manufacturer's license to manufacture alcoholic beverages containing alcohol not in excess of 22 percent by weight .....

150.00 per year

Each manufacturer's license to manufacture malt liquor .....

300.00 per year

Each microbrewery license .....

375.00 per year

Sec. 10-139. Reserved.

Sec. 10-337. Package sales licenses; prohibitions and requirements.

(a) No package sales licensee, nor employee of the licensee, shall permit any person to consume alcoholic beverages upon the licensed premises. A package sales licensee that has a tasting license under the provisions of section 10-114 may allow wine malt beverage and distilled spirit tasting on the licensed premises.

 

(b) No package sales licensee, nor employee of the licensee, shall sell, dispense or give away any alcoholic beverages upon the licensed premises except in the original package.

 

(c) No malt liquor package sales licensee, nor employee of the licensee, shall possess or permit alcoholic beverages, other than those allowed for sale by the license, upon the licensed premises.

 

(d) A package sales licensee whose place of business remains open on days or during the hours when the sale of alcoholic beverages is prohibited by section 10-333 shall, during the times as sale is prohibited, segregate alcoholic beverages in a storage space inaccessible to the public, or cover or enclose alcoholic beverages by means of a slip cover constructed from substantial material and secured in a manner whereby the public shall not have access.

 

(e) No package sales licensee, nor employee of the licensee, shall sell or give away any drug, 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 a licensee lawfully doing business as a pharmacy duly licensed under state or federal law or a licensee with an average of 80 percent or more of its total gross receipts from nonalcohol and nondrug sales.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney