COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 100326
Amending
Chapter 10, Code of Ordinances, by repealing Section 10-211, Number of retail
alcoholic beverage licenses, and enacting in lieu thereof a new section of like
number and subject matter which exempt theatres that are registered as
non-profit organizations from the density requirement for a retail
sales-by-drink license.
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 10-211, Number of retail alcoholic beverage
licenses, and enacting in lieu thereof a new section of like number and subject
matter, to read as follows:
Sec. 10-211. Number of
retail alcoholic beverage licenses.
The number of
alcoholic beverage licenses issued by the director shall be limited on the
following basis:
(1) Retail sales-by-drink licenses. For those
certain real properties that abut the right of way of Chouteau Traffic way from
the intersection with the north right of way line of Northeast Parvin Road on
the south to the intersection with the south right of way line of Russell Road
on the north, two retail sale-by-drink licenses may be issued for population of
zero to 1,500, and one additional sale-by-drink license may be issued for each
additional 1,500 population which exceeds the first 1,500 population, contained
within the entire boundaries of any United States census blocks located in the
city, and which census blocks are located wholly within or intersected by a
3,000-foot radius from a proposed licensed premise, as measured from the center
of the door to be used as the main entrance to the premise. For all other
census blocks located in the city, one retail sales-by-drink license may be
issued for population of zero to 1,500, and one additional retail
sales-by-drink license may be issued for each additional 1,500 population which
exceeds the first 1,500 population, contained within the entire boundaries of
any United States census blocks located in the city, and which census blocks
are located wholly within or intersected by a 3,000-foot radius from a proposed
licensed premise, as measured from the center of the door to be used as the
main entrance to the premise. For a premise that is currently in operation, the
center of the door for the main entrance to the premise shall be determined by
the entrance naturally used by the public frequenting the premise. The
applicant shall furnish to the director two coordinates expressed in feet,
based on the North American Datum 1983 Missouri West State Plane Coordinate
System, identifying the center of the door for the main entrance to the
premise. The limitations provided in this section shall not apply to:
a. Retail sales-by-drink licenses issued to
hotels, apartment hotels, motels, inns, lodges or similar places providing
principally transient residential accommodations and having at least 40 rooms
for overnight accommodation.
b. Retail sales-by-drink licenses issued to
restaurant premises where substantial quantities of food are served, as defined
in this chapter. The licensee of restaurant premise granted a license under
this subsection shall file with the director, on a form provided by him, a
verified statement showing the total amount of gross receipts, the total amount
of gross receipts from the sale of alcoholic beverages, and the total amount of
gross receipts from the sale of prepared meals and food made and consumed on
the premise for the 90-day period immediately following the date of the
issuance of the license, and thereafter for the 12-month period immediately
preceding November 1 of each year. The statements shall be filed within 15 days
after the expiration of the 90-day period and with each annual renewal
application. Upon proper and sufficient evidence submitted to the director, the
director shall summarily cancel or refuse to renew the license upon the failure
of the licensed premise for a period of one year after issuance or renewal of
the license to maintain an average of 50 percent or more of its total gross
receipts in sales of prepared meals and food made and consumed on the premise.
Cancellation as provided in this subsection by the director of any license
issued under this subsection shall not be deemed a revocation and shall not
disqualify the licensee from applying for and receiving any license granted
under the provisions of this chapter. The cancellation shall be appealable to
the board in the manner set forth in section 10-62(b) of this chapter.
c. Retail sales-by-drink licenses
issued to theatres registered as nonprofit organizations where live
performances are given on a regular basis.
d. Sales-by-drink premises located wholly within
the following described locations:
(i) That area bounded by, including and beginning
from the intersecting point of the block face frontage of the west side of
Broadway Boulevard and including the block face frontage of I-70 on the north,
thence east along the block face frontage of I-70 on the north to the
intersecting point of and including the block face frontage of the east side of
Cherry Avenue, thence south along the block face frontage of the east side of
Cherry Avenue to the intersecting point of and including the block face
frontage of the south side of 8th Street, thence east along the block face
frontage of the south side of 8th Street to the intersecting point of and
including the block face frontage of the east side of Holmes Avenue, thence
south along the block face frontage of the east side of Holmes Avenue to the
intersecting point of and including the block face frontage of the south side
of 24th Street, thence west along the block face frontage of the south side of
24th Street to the intersecting point of and including the block face frontage
of the west side of Broadway Boulevard, thence north along the block face
frontage of the west side of Broadway Boulevard to the intersecting point of
and including the block face frontage of the west side of Broadway Boulevard
and the block face frontage of I-70 on the north and that area bounded by and
including the block face frontage of the north side of 17th Street Terrace, the
east side of Woodland Avenue, the south side of 19th Street and the west side
of Paseo Boulevard and that area bounded by and beginning at the intersection
of the west city limit and the south bank of the Missouri River, thence south
along the west boundary of the city limit to the intersection with the north
right of way line of 25th Street, thence east along the north right of way line
of 25th Street to the intersection with the west right of way line of Allen Road,
thence generally north along the west right of way line of Allen Road to the
intersection with the west right of way line of Holly Avenue, thence north
along the west right of way line of Holly Avenue to the intersection with the
west right of way line of Beardsley Road, thence north along the west right of
way line of Beardsley Road to the intersection with the north right of way line
of 6th Street, thence east along the north right of way line of 6th Street to
the intersection with the west right of way of Broadway Avenue, thence north
along the west right of way line of Broadway Avenue to the intersection with
the south bank of the Missouri River, thence west along the south bank of the
Missouri River to the point of beginning.
(ii) The east and west sides of N.W. Prairie View
Road, north of N.W. Barry Road extending north to Missouri Highway 152, on the
north and south sides of N.W. Prairie View Road, west of the intersection of
Interstate 29 and Highway 152 extending west to N. Congress Avenue, and at the
southwest corner of Highway 152 and N. Congress Avenue.
(iii) The area bounded by Guinotte Avenue on the
south, North Montgall Avenue on the west, Rochester Avenue on the north and
North Chestnut Traffic way on the east.
(iv) That area bounded by Tiffany Springs Road on the north,
Interstate 29 on the west, Missouri Highway 152 on the south and N. Ambassador
Drive on the east.
(2) Retail sales-by-package licenses. Two retail
sale-by-package licenses may be issued for population of zero to 1,500, and one
additional sale-by-package license may be issued for each additional 1,500
population which exceeds the first 1,500 population, contained within the
entire boundaries of any United States census blocks located in the city which
abut the city limits of Kansas City, Missouri, and which census blocks are
located wholly within or intersected by a 3,000-foot radius from a proposed
licensed premise, as measured from the center of the door to be used as the
main entrance to the premise. For all other census blocks located in the city
that do not abut the city limit lines as described above, one retail
sale-by-package license may be issued for population of zero to 1,500, and one
additional sale-by-package license may be issued for each additional 1,500 population
which exceeds the first 1,500 population, contained within the entire
boundaries of any United States census blocks located in the city, and which
census blocks are located wholly within or intersected by a 3,000-foot radius
from a proposed licensed premise, as measured from the center of the door to be
used as the main entrance to the premise. For a premise that is currently in
operation, the center of the door for the main entrance to the premise shall be
determined by the entrance naturally used by the public frequenting the
premise. The applicant who shall furnish to the director two coordinates
expressed in feet, based on the North American Datum 1983 Missouri West State
Plane Coordinate System, identifying the center of the door for the main
entrance to the premise. The limitations provided in this section shall not
apply to:
a. Retail sales-by-package premises with not less
than 20,000 square feet of sales display area within a building and an average
of 80 percent or more of its total gross receipts from non alcoholic sales. The
licensee of a retail sales-by-package premise granted a license under this
subsection shall file with the director, on a form provided by him, a verified
statement showing the total amount of gross receipts, the total amount of gross
receipts from the sale of alcoholic beverages, and the total amount of gross
receipts from the sale of inventory exclusive of alcoholic beverages made on
the premise for the 90-day period immediately following the date of the original
issuance of the license, and thereafter for the 12-month period immediately
preceding May 1 of each year. The statements shall be filed within 15 days
after the expiration of the 90-day period and with each annual renewal
application for a retail sales-by-package license. Upon proper and sufficient
evidence submitted to the director, the director shall summarily cancel or
refuse to renew the license upon the failure of the licensed premise for a
period of 1 year after original issuance or renewal of the license to maintain
not less than 20,000 square feet of sale display area within a building; or
upon the failure to maintain an average of 80 percent or more of its gross
receipts from sales of inventory excluding alcoholic beverages. Cancellation as
provided in this subsection by the director of any license issued under this
subsection shall not be deemed a revocation and shall not disqualify the
licensee from applying for and receiving any license granted under the
provisions of this chapter. The cancellation shall be appealable to the board
in the manner set forth in section 10-62(b) of this chapter.
b. Retail sales-by-package licenses
when the 3000 foot radius, as measured from the center of the door for the main
entrance of the premise as determined by the entire boundaries of any United
States census blocks located in the city and which census blocks are located
wholly within or intersected by the radius, has a population of 750 or less.
c. Sales-by-package premises located wholly
within the following described locations:
(i) That area bounded by, including and beginning
from the intersecting point of the block face frontage of the west side of the
Broadway Bridge and the south bank of the Missouri River, thence east along the
south bank of the Missouri River to the intersecting point of and including the
west side of the Heart of America Bridge, thence south along the block face
frontage of the west side of the Heart America Bridge to the intersecting point
of and including the block face frontage of the north side of I-70 on the
north, thence east along the block face frontage of the north side of I-70 on
the north to the intersecting point of and including the block face frontage of
the east side of Cherry Avenue, thence south along the block face frontage of
the east side of Cherry Avenue to the intersecting point of and including the
block face frontage of the south side of 8th Street, thence east along the
block face frontage of the south side of 8th Street to the intersecting point
of and including the block face frontage of the east side of Holmes Avenue,
thence south along the block face frontage of the east side of Holmes Avenue to
the intersecting point of and including the block face frontage of the south
side of 24th Street, thence west along the block face frontage of the south
side of 24th Street to the intersecting point of and including the block face
frontage of the west side of Broadway Boulevard, thence north along the block
face frontage of the west side of Broadway Boulevard to the intersecting point
of the west side of the Broadway Bridge and the south bank of the Missouri River.
(ii) That area bounded by Forester Road on the
north, Mulberry Street on the east, St. Louis Avenue on the south and Hickory
Street on the west.
(iii) The east and west sides of N.W. Prairie View Road, north of
N.W. Barry Road extending north to Missouri Highway 152, on the north and south
sides of N.W. Prairie View Road, west of the intersection of Interstate 29 and
Highway 152 extending west to N. Congress Avenue, and at the southwest corner
of Highway 152 and N. Congress Avenue.
(iv) That area bounded by Tiffany Springs Road on the north,
Interstate 29 on the west, Missouri Highway 152 on the south and N. Ambassador
Drive on the east.
(v) That area bounded by 79th Street on the north, State Line
Road on the west, 81st Street on the south and Ward Parkway on the east.
d. Sales-by-package premises for the sale of malt
liquor or nonintoxicating beer in the original package if the premise is
located so that no residentially zoned property is within a radius of 600 feet
from the premise as measured from the center of the door for the main entrance
to the premise, and 80 percent or more of the gross sales on the premise are
nonalcoholic beverage sales, and the applicant furnishes to the director,
signed consents from the owners of a majority of property parcels under the
provisions of section 10-214 of this chapter, provided that the applicable
radius to determine eligible consenters for this exemption from the
requirements of this section shall be 500 feet.
(3) The determination of population contained
within the entire boundaries of any United States census blocks located in the
city, and which census blocks are located wholly within or intersected by a
3,000-foot radius as measured from the center of the door of the main entrance
of a proposed sales-by-drink or sales-by-package premise, shall be made by
adding the total population as determined by the most recent U.S. Decennial
Census or, at the applicants choice, by requesting from the City Planning and
Development Department of Kansas City, Missouri, the Kansas City Population
Update Report prepared and signed by the city's planning and development
department to determine population that is contained within the entire
boundaries of each such United States census block. The determination of the number
of licenses of a specific category located within the entire boundaries of any
United States census blocks located in the city, and which census blocks are
located wholly within or intersected by a 3,000-foot radius as measured from
the center of the door of the main entrance of a proposed sales-by-drink or
sales-by-package premise, shall be made by adding the total number of such
licenses located within the entire boundaries of each such United States census
block, but excluding those licenses exempted under (1)a., (1)b., and (2)a.,
located within the entire boundaries of each such United States census block.
In connection with any application for a new license regulated under this
section, for the purposes of determining the number of licenses in the
categories regulated under this section, contained within the entire boundaries
of any United States census blocks located in the city, and which census blocks
are located wholly within or intersected by a 3,000-foot radius from a proposed
licensed premise, as measured from the center of the door for the main entrance
to the premise, all such city licenses existing at the time of the
determination by the director, whether serving a suspension, under an order of
nonrenewal, under an order of suspension or revocation, or under investigation
for, subject to or charged with disqualification from holding a license or a
violation of the provisions of this chapter, shall be included in the
calculation unless the nonrenewal or revocation is final with all rights of
appeal foreclosed.
(4) If the total number of sales-by-drink or
sales-by-package licenses herein issued at the time this chapter becomes
effective exceeds the number authorized for that category of license, those
licenses, if they meet all other requirements, shall be entitled to renewal on
an annual basis. If a license is not renewed or ceases to fulfill all other
requirements of this chapter and is thereafter terminated or canceled or
expires, then an application for a new license for the previously licensed
premise shall be required to fulfill all conditions of this chapter for an
original license, including but not limited to the provisions of section 10-211
limiting the number of licenses. Additional licenses in a category shall not be
issued until the time as the respective population ratios as calculated and
determined under this section exceed the populations provided herein. A new
license in a category, if the application meets all other requirements of this
chapter, may be issued for a vacancy created by bona fide purchase or transfer
of a license to a new premise located in a census block wholly within or
intersected by a 3,000-foot radius from the existing licensed premise, as
measured from the center of the door for the main entrance to the premise, so
long as an application for a new license is filed within 12 months from the
date of bona fide purchase or transfer. A licensee whose license has been
surrendered, canceled or not renewed as a result of the transfer of the real
property where the premise is located to an entity that has the power of
eminent domain, and who files an application for a new license within 12 months
from the date of the transfer of the real property shall be exempt from the
requirements of this section with respect to a new location, but the licensee
shall meet all other requirements of this chapter. For the purposes of this
chapter, the center of the door for the main entrance to the premise shall be
determined by the entrance naturally used by the public frequenting the
establishment who shall furnish to the city two coordinates expressed in feet,
based on the North American Datum 1983 Missouri West State Plane Coordinate
System, identifying the center of the door for the main entrance to the
premise.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney