COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 200376

Amending Chapter 64, Code of Ordinances, entitled “Streets, Sidewalks and Public Places,” and Chapter 10, Code of Ordinances, entitled “Alcoholic Beverages,” by enacting two new sections to authorize the issuance of temporary sidewalk café, parklet and street café permits and expansion of premises retail sales-by-drink licenses.

WHEREAS, on March 12, 2020, a proclamation of a state of emergency (the “Proclamation”) was issued to allow the City of Kansas City to take measures to reduce the possibility of exposure to COVID-19 and promote the health and safety of Kansas City residents; and

WHEREAS, the COVID-19 virus spreads between people who are in close contact with one another; and

WHEREAS, on March 16, 2020, in accordance with the latest CDC guidelines announced by the President, Mayor Lucas updated his Proclamation to disallow gatherings or events with more than 10 persons; and

WHEREAS, on March 21, 2020, Mayor Quinton Lucas issued an Amended Emergency Proclamation and Second Amended Order 20-01, also known as the Stay-At Home order; and

WHEREAS, on May 11, 2020, Mayor Lucas issued a Sixth Amended Order 20- 01 to supersede all prior orders and to begin reopening Kansas City businesses; and

WHEREAS, the City wishes to encourage and support businesses by enacting regulations to support their growth in the city and the safety of its citizens; and

WHEREAS, the City recognizes that the use of outdoor spaces can add additional economic activity to City businesses as we begin the reopening process; and

WHEREAS, the City previously adopted Committee Substitute for Ordinance No. 190953, As Amended to implement a permitting process to allow for businesses to maintain sidewalk cafes, parklets and street cafes; and

WHEREAS, the City now wishes to allow for certain sidewalk cafes, parklets and street cafes to be issued temporary permits as set forth herein; NOW, THEREFORE:

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 64, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting a new section 64-172 entitled “Temporary permits for sidewalk cafés, parklets and street cafés” to read as follows:

Sec. 64-172. Temporary permits for sidewalk cafés, parklets and street cafés.

(a) Temporary permit authorized. The director is authorized to issue temporary permits to operate sidewalk cafés, parklets and street cafés to allow businesses to expand seating capacity in unused parking spaces in the city right-of-way pursuant to the following conditions:

(1) In considering the permit, the reduction in building capacity imposed by then-existing Orders under the Mayor’s COVID-19 related State of Emergency shall be considered.

(2) Access to the temporary areas shall be accessible to all and shall comply with ADA requirements per the 2010 US Department of Justice ADA standards and PROWAG guidelines including access up, down and within the area.

(3) Existing parking spaces, excluding ADA parking spaces, may be considered for temporary use.

(4) No permanent barriers shall be required, though temporary barriers shall comply with ADA requirements per the 2010 US Department of Justice ADA standards and PROWAG guidelines and provide for the safety of the citizens.

(5) Service of alcohol and food shall be permitted, provided that the applicant has an existing retail sales-by-drink license pursuant to Chapter 10 of the City Code.

(6) The temporary permit shall expire on December 31, 2020.

(7) Fees for the temporary permit shall be waived.

(8) Applicants shall follow design guidelines provided by the director.

(9) Temporary sidewalk cafés, parklets and street cafés shall be subject to inspection once installed.

(10) A certificate of insurance as required in sections 64-168, 64-170 and 64- 171 shall be required for the expanded areas of business.

(11) Applicants must obtain approval from the board of parks and recreation commissioners if the business is on a parkway or boulevard under jurisdiction of that board.

(b) Expedited temporary permit processing. Temporary permits for sidewalk cafés, parklets and street cafés will be added to Compass KC and the processing and approval of applications for temporary permits will be expedited.

Section 2. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting a new section 10-141 entitled “Temporary approval of expansion of premises for sidewalk cafés, parklets and street cafés” to read as follows:

Sec. 10-141. Temporary approval of expansion of premises for sidewalk cafés,

parklets and street cafés.

(a) Temporary approval authorized. Notwithstanding the requirements of sections 10-161, 10-162, 10-212, 10-214, and 10-312, the director is authorized to approve a temporary expansion of licensed premises for applicants issued temporary permits to operate sidewalk cafés, parklets and street cafés to allow said businesses to expand seating capacity in unused parking spaces in the city right-of-way pursuant to the following conditions:

(1) The licensee has an active sales-by-drink license as issued by the director.

(2) The licensee has been issued a temporary permit for sidewalk cafés, parklets and street cafés by the director of public works pursuant to section 64-172.

(3) The licensee is in compliance with all other requirements of this chapter.

(b) Approval process. Upon receiving an approved temporary permit for sidewalk cafés, parklets and street cafés pursuant to section 64-172 from the director of public works, the director shall verify that the licensee conforms to the requirements in subsection (a) of this section. If the applicant is in compliance, the director shall approve a temporary expansion of licensed premises and immediately notify the licensee that it has been approved.

(c) Consumption on premises. Except as otherwise authorized by law, the licensee, and all employees or agents thereof shall not remove or allow any other person to remove any alcoholic beverage provided for consumption from the licensed premises, including the temporarily expanded premises as authorized by the director of public works.

(d) Expiration. The temporary expansion of licensed premises shall expire with the temporary permit for sidewalk cafés, parklets or street cafés on December 31, 2020.

(e) Revocation, appeal. The director shall have the authority to revoke a temporary expansion of licensed premises for any reason provided in section 10-36. The denial or revocation of a temporary expansions of licensed premises shall be appealable as provided in section 10-62 (a), (c) and (d). However, an eligible consenter shall have no right to appeal the approval or location of a temporary expansion of licensed premises.

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Approved as to form and legality:

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Nicole Rowlette

Assistant City Attorney