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Legislation #: 090047 Introduction Date: 1/22/2009
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing Section 10-102, Full sales by drink license, and enacting in lieu thereof a new section of like number and subject matter which more clearly defines the ordinance as to what type of business is permitted to hold a sales by drink license.

Legislation History
DateMinutesDescription
1/20/2009 Filed by the Clerk's office
1/22/2009 Referred to Public Safety and Neighborhoods Committee
1/28/2009 Do Pass as a Committee Substitute
1/29/2009 Assigned Third Read Calendar as Substituted
2/5/2009 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090047

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-102, Full sales by drink license, and enacting in lieu thereof a new section of like number and subject matter which more clearly defines the ordinance as to what type of business is permitted to hold a 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 10-102, Full sales by drink license, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 10-102. Eligibility and requirements for sales by drink license.

 

(a)   A full sales-by-drink license authorizes the licensee to sell all kinds of alcoholic beverages by the drink for consumption on the licensed premises and to sell alcoholic beverages in the original package on the licensed premises. Each license shall be further classified into one of the sale-by-drink classifications set forth in this chapter.

 

(b)   Unless otherwise stated in this section, a sales-by-drink license may only be issued to a licensee or applicant when liquor-by-drink sales or projected sales are over 80% of all liquor sales. No sales-by-drink license authorized under sections 10-102, 10-103, 10-104, 10-105, 10-106, 10-107, 10-108, 10-109, and 10-110 of this chapter, pertaining to sales-by-drink sales, shall be issued for a premises of the following businesses:

 

(1)    Drugstore.

 

(2)    Cigar and tobacco store.

 

(3)    Grocery store.

 

(4)    Convenience-grocery store.

 

(5)    General merchandising store.

 

(6)    Confectionery store.

 

(7)    Any store that sells gasoline, a gasoline service station, or motor vehicle repair garage.

 

(c)   A caterer with a full sales-by-drink license authorizes the caterer to sell all kinds of alcoholic beverages by the drink for consumption away from the licensed premises at other premises approved by the director. Each license shall be further classified into one of the sale-by-drink classifications set forth in this chapter.

 

(d)   A wine manufacturer may apply for a full sales-by-drink license which authorizes the licensee to sell all kinds of alcoholic beverages by the drink for consumption on the premises where sold, if the premises so licensed is in close proximity to the winery. The licensed premises pursuant to this subsection shall also be exempt from the provisions of section 10-211 provided that the licensed premises are located in or upon the premises of a manufacturing facility and the manufacturing facility produces no less than 10,000 barrels of any kind of alcohol per annum. Each license shall be further classified into one of the sale-by-drink classifications set forth in this chapter.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney