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Legislation #: 071259 Introduction Date: 11/20/2007
Type: Ordinance Effective Date: 12/23/2007
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing Section 10-291, Generally, and enacting in lieu thereof a new section of like number and subject matter which updates the ordinance as to the fee assessment for an employee liquor permit and corrects the alphabetical organization.

Legislation History
DateMinutesDescription
11/16/2007 Filed by the Clerk's office
11/20/2007 Referred to Public Safety and Neighborhoods Committee
11/28/2007 Hold On Agenda (12/5/2007)
12/5/2007 Do Pass as a Second Committee Substitute
12/6/2007 Assigned Third Read Calendar as Substituted
12/13/2007 Passed As Second Substitute

View Attachments
FileTypeSizeDescription
071259.pdf Authenticated 144K Authenticated
10-291 - Background Fee Update.xls Fact Sheet 451K 10-291 - Background Fee Update

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 071259

 

Amending Chapter 10, Code of Ordinances, by repealing Section 10-291, Generally, and enacting in lieu thereof a new section of like number and subject matter which updates the ordinance as to the fee assessment for an employee liquor permit and corrects the alphabetical organization.

 

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 10-291, Generally, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

Sec. 10-291. Generally.

 

(a)   Eligibility.  No person shall be issued an 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 an employee liquor permit if:

 

(1) The person is a prohibited felon. A prohibited felony is one who has been convicted of a crime under the laws of any state or the United States where the possible penalty at the time of the offense exceeded one (1) year confinement and the crime involves homicide, assault involving a threat of death or serious injury or actual physical injury, assault upon a law enforcement officer, kidnapping or false imprisonment, any action that would constitute a sexual offense under Chapter 566, RSMo, prostitution, pornography, robbery, arson, stealing, burglary, forgery, counterfeiting, identity theft or false identification, bribery, unlawful use of a weapon, gambling, driving or boating while intoxicated, perjury, fake reports or declarations, the possession, sale or manufacture of drugs, tax fraud, mail fraud, food stamp fraud or welfare fraud.

 

(2) Is otherwise disqualified by state statutes or by the Code of State Regulations for employment on the licensed premises of an alcoholic beverage establishment,

 

(3) 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 5 years immediately preceding the application. 

 

(b)   Application.  Each application for an employee liquor permit shall be filed with the director on a form supplied by the director and shall be signed by the applicant. The application shall include: 

 

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

 

(2)    The applicant's height, weight, color of eyes, color of hair, and sex.

 

(3)    A statement by the applicant that he or she has not been convicted of any felony.

 

(4)    A statement by the applicant of whether or not he or she has held an alcoholic beverage license or employee 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 the release of criminal record information concerning the applicant.

 

(6)    A photograph of the applicant, to be taken by the director or his agents.

 

(7)    A non-refundable application fee will be paid by the applicant to defray the cost of the application process and the required background check.

 

(c)   Issuance.  If the applicant meets the requirements of this section and this chapter, the director shall issue an employee liquor permit to the applicant which shall be valid for three years from the date of issuance. Upon expiration of the permit, the applicant may obtain a new permit in the same manner as provided in this section. 

 

(d)   Form of permit.  Each employee liquor permit shall bear the physical description and photograph of the applicant and shall be laminated or be in a form, otherwise approved by the director, to prevent alteration. 

 

(e)   Invalidation, suspension or revocation.  If any person who has been issued and holds an employee liquor permit shall be convicted of a prohibited felony, the permit shall be void. If any permittee shall violate or contribute to the violation of any of the provisions of this chapter, the director may file a request for hearing before the board in the manner provided in section 10-62(b) of this chapter to consider whether the permit should be suspended or revoked. 

 

(f)   Employment of felons.  A retail licensee may employ a person convicted of a prohibited felony unrelated to the manufacture or sale of intoxicating liquor, so long as the prohibited felon does not directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages as defined in section 10-5 of this chapter. Any retail licensee who employs a prohibited felon shall report the identity of that person to the director within 10 days of the person's employment, and shall notify the director within ten days of the person's leaving the licensee's employment, using forms provided by the director for that purpose. 

 

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