ORDINANCE
NO. 180605
Amending Chapter 10, Code of
Ordinances, by repealing Section 10-340, Orders or sales off licensed premises,
and enacting in lieu thereof a new section of like number and subject matter
which will allow customers to pay for alcoholic beverages online for the
purpose of allowing alcoholic beverages to be delivered to a person’s home
without requiring them to first purchase the alcohol in person at the store
which is currently required.
WHEREAS, there
are currently liquor licensed businesses that have expressed an interest in
having the ability to deliver alcoholic beverages; and
WHEREAS, there
has been an increase in the number of app-based delivery businesses that
deliver many different items to a person upon request through the app; and
WHEREAS, Section 10-340 of the Code of Ordinances of the City of Kansas
City, Missouri, does not allow alcoholic beverages to be delivered unless the
alcoholic beverages are ordered and paid for, in person, on the licensed
premises; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 10 is hereby amended by repealing Section 10-340, Orders or sales off
licensed premises, and replacing it with a new section of like number and
subject matter to read as follows:
Sec. 10-340. Orders or sales off licensed premises.
(a) No retail licensee, nor employee of the
licensee, shall sell alcoholic beverages in any place other than that
designated on or otherwise authorized by the license.
(b) No retail licensee, nor employee of the
licensee, shall take any order off the licensed premises for the sale of
alcoholic beverages at retail even though the orders are filled and delivery
thereof made on the licensed premises.
(c) Exceptions.
(1) Nothing in this provision shall be construed to prevent any
hotel, motel or club from serving any alcoholic beverage to any guest in any
private guest room, if the alcoholic beverage is served from a licensed
premises within the hotel, motel or club, or from selling alcoholic beverages
in a private guest room from a controlled access liquor cabinet system.
(2) Nothing in this provision shall be construed so as to
prevent a licensee who has been issued a temporary catering permit under the
provisions of this chapter from furnishing alcoholic beverages and services at
a location other than the licensed premises, pursuant to the permit.
(3) Nothing in this provision shall be construed so as to
prevent a retail licensee from delivering alcoholic beverages in the original
package or container to a location off or outside of the licensed premises, if:
a. The delivery is not received by a person who is under of 21 years of age, a habitual
drunkard, or any person who is intoxicated or who is actually or apparently
under the influence of alcoholic beverages as stated in section 10-332;
b. The delivery is made during the hours and days of sale
allowed for the licensee, as provided by section 10-333.
_____________________________________________
Approved
as to form and legality:
___________________________________
Martha
Means
Assistant City Attorney