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Legislation #: 100533 Introduction Date: 7/1/2010
Type: Ordinance Effective Date: 8/1/2010
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing Section 10-292, Temporary employee liquor permit for special event, and enacting in lieu thereof a new section of like number and subject matter which will allow a liquor licensee to issue temporary employee liquor permits for special events.

Legislation History
DateMinutesDescription
6/28/2010 Filed by the Clerk's office
7/1/2010 Referred to Public Safety and Neighborhoods Committee
7/14/2010 Do Pass
7/15/2010 Assigned to Third Read Calendar
7/22/2010 Passed

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ORDINANCE NO. 100533]

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-292, Temporary employee liquor permit for special event, and enacting in lieu thereof a new section of like number and subject matter which will allow a liquor licensee to issue temporary employee liquor permits for special events.

 

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 10-292, Temporary employee liquor permit for special event, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 10-292.  Temporary employee liquor permit.

 

(a)    Temporary employee liquor permit.  A temporary employee liquor permit may be issued by the director to a person qualified under this section to directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages at a special event. The term "directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages," as used in this section, shall include accepting delivery of, stocking, arranging displays of, delivering, taking orders for, accepting payment for, mixing, serving or assisting in mixing or serving alcoholic beverages. A temporary employee liquor permit may be issued by the director to a person qualified under this section to act in the capacity of, but not limited to, bar manager, bartender, waiter, waitress, cashier, sales clerk, stock person or doorman, or other person responsible for checking identification cards to determine age.

 

(b)   Temporary employee liquor permit types.

 

(1)               Temporary employee liquor permit for a nonprofit event. A temporary employee liquor permit may be issued to persons for use during a non-profit event under the following conditions: 

 

a.                   A temporary employee liquor permit shall be valid for one day.

 

b.                  A temporary employee liquor permit for a nonprofit event may only be issued to a person for services performed for a nonprofit purpose or event which may include performing services for a nonprofit fraternal or church social function, or performing services as a volunteer for a licensee which provides charitable donations to a nonprofit fraternal or church organization.

 

 

 

(2)               Temporary employee liquor permit for a special event. Temporary employee liquor permits may be issued by the director to a licensee for use during a special event under the following conditions:

 

a.                   A temporary employee liquor permit shall be valid for one day.

 

b.                  A licensee that has been issued temporary employee liquor permits for a special event by the director may give those permits to qualified individuals as described in section 10-291 to be used during special events only.

 

(c)    Special events. A special event is defined as an event where a licensee will issue temporary employee liquor permits to persons so that those persons can directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages. A licensee may host a special event under the following conditions:

 

(1) All special events must be approved by the director prior to the event taking place.

 

(2) A licensee is allowed to hold no more than four special events in a single calendar year

 

(3)               An application for a special event shall be filed with the director on a form provided by the director no later than five business days before the special event will take place. The application shall include:

 

a.                   The date and a description of the special event.

 

b.                  The name and address of the licensee.

 

c.                   The location of the premises for the event.

 

d.                  The expected number of temporary liquor permits to be issued.

 

e.                   The name and date of all special events previously held by the licensee during the current calendar year.

 

(d) Eligibility.  No person shall be issued a temporary employee liquor permit by the director unless the person is at least 21 years of age, except as otherwise provided by section 10-373. No person shall be issued a temporary employee liquor permit if the person has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state), as described in section 10-291, is otherwise disqualified by state statutes or by the code of state regulations for employment on the licensed premises of an alcoholic beverage establishment, or 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 five years immediately preceding the application. 

 

(e) Application.  All applications for a temporary employee liquor permit shall include the following: 

 

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

 

(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 liquor 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)    A nonrefundable application fee of $5.00 to be paid to the city treasurer to defray the cost of investigation and the application process.

 

(f) Form of permit and utilized permits.  Each temporary employee liquor permit shall be on a form approved by the director and bear the name and address of the licensee for whom the temporary employee is working as well as the location of the premises for the event and the date of the event. .  All temporary employee liquor permits that have been utilized for an event shall be submitted to the director by the licensee no later than five business days after the conclusion of the event. Failure to submit all utilized temporary employee liquor permits may result in the denial of future temporary employee liquor permits by the director.

 

(g)  Invalidation, suspension or revocation.  If any person who has been issued and holds a temporary employee liquor permit has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony that would prohibit them from receiving an employee liquor permit as described in section 10-291, the person shall immediately cease and desist in the participation in the retail sale, service, delivery or dispensation of alcoholic beverages and the permit shall be void. If any permittee shall violate or contribute to the violation of any of the provisions of this chapter, the permittee shall not be eligible for another temporary employee liquor permit for a period of two years. 

 

(h) Possession and exhibition.  While directly participating in the retail sale, service, delivery or dispensation of alcoholic beverages, any person holding a temporary employee liquor permit under the provisions of this section shall 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 a temporary 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