SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 950888

 

Amending Chapter 10 of the Code of Ordinances, entitled Alcoholic Beverages, by repealing therein Sections 10-1 and 10-362 and enacting in lieu thereof new sections of like number and subject matter, and establishing an effective date.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 10 of the Code of Ordinances, entitled Alcoholic Beverages, is hereby amended by repealing therein Sections 10-1 and 10-362 and enacting in lieu thereof new sections of like number and subject matter, which sections read as follows:

 

Sec. 10-1. Definitions.

 

Adjacent property means property immediately adjoining except that any intervening street, alley, highway or other public thoroughfare shall be disregarded.

 

Alcoholic beverages means intoxicating liquor, malt liquor or nonintoxicating beer.

 

Church means any building or structure regularly and primarily used as a place of worship by any organized religious society, organization or congregation, regardless of whether or not such building or structure was originally designed and constructed for such purpose.

 

Closed place means a place where all doors are locked and where no customers are in the place or about the premises.

 

Coin-operated amusement device means pinball machines, marble machines, music-vending machines, pool tables or machines, coin-operated shuffleboards and any other device operated by the insertion of a coin, disc or other insertion piece, whether or not also manipulated by the operator, and which operate for the amusement of the operator, whether or not by registering a score. It shall not include "slot machines," "claw machines," or other machines prohibited by state law. It shall not include machines or devices used bona fide and solely for the vending of service, food, confections or merchandise.

 

C.O.L. licenses means a license for the consumption of alcoholic beverages in or upon premises which do not possess a license for the sale of alcoholic beverages and where food, beverages or entertainment are sold or provided for compensation as provided in RSMo 311.480.

 

Customer means any person not an employee who enters or remains upon a licensed premises with actual or implied permission of the licensee and/or purchases or otherwise partakes of any merchandise, goods, entertainment or other services offered upon such premises.

 

Dwelling means any place that is used regularly or irregularly as a place of repose, sleep, rest or any place containing a bed, cot, divan, couch or any other article of furniture on which an adult person may recline. However, this shall not include any premises used as a hotel, motel, or hotel room.

 

Employee means and includes an agent or servant, and shall be construed to mean every person working for or performing services on behalf of the licensee during actual or scheduled work hours.

 

Fronts means as applied to the location of any alcoholic beverage establishment, shall refer to that street upon which the principal entrance of such alcoholic beverage establishment is located.

 

High density office building means an office building used exclusively for the administrative functions of business firms, professional groups or societies, or any combination of such organizations, under single ownership, and with a density of occupancy not exceeding one person for each 90 square feet of lot area, with the off-street parking required for office buildings in section 65.280, plus an additional 100 percent of that requirement, and which shall be not less than four stories high and shall have an occupancy of not less than 400 persons.

 

Intoxicating liquor or liquor means alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt or other liquors or combination of liquors, a part of which is spirituous, vinous or fermented, and all preparation or mixtures for beverage purposes containing in excess of 3.2 percent of alcohol by weight.

 

State law reference(s)--Similar provisions, RSMo 311.020.

 

Licensee means the holder of all licenses issued under the provisions of this chapter.

 

Malt liquor means any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants, and having no alcoholic content in excess of 3.2 percent by weight, and not in excess of five percent by weight.

 

Managing officer means the person who is in actual management and control, who may be designated by the corporation as the managing officer and who would be eligible as an individual to receive a license for the sale of alcoholic beverages, and who is a qualified voter of the State of Missouri.

 

Nonintoxicating beer means any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than 0.5 percent by volume, and not exceeding 3.2 percent of alcohol by weight.

 

Original package means any package containing three (3) or more standard bottles or cans of malt liquor or nonintoxicating beer, a package containing fifty (50) milliliters (1.7 ounces) or more of spirituous liquor and a package containing one hundred (100) milliliters (2.4 ounces) or more of vinous liquor in the manufacture's original container. A standard bottle or can is any bottle or can containing twelve (12) ounces or less of malt liquor or nonintoxicating beer.

 

Permittee means the holder of an employee's permit, issued under the provisions of this chapter.

 

Person means an individual, partnership, club or association, firm or corporation, unless the context requires a contrary interpretation.

 

Premises means the bounds of the enclosure where alcoholic beverages are sold or consumed.

 

School means any building which is regularly used as a public, private or parochial school, elementary school, high school, college, university, professional school, business or secretarial school.

 

Substantial quantities of food means the amount of prepared meals and food wherefrom at least 50 percent of the gross income of an establishment has been derived during the three most recent calendar months preceding.

 

Restaurant-bar means any establishment having a restaurant or similar facility on the premises which derives at least 50 percent of its annual gross income from the sale of prepared meals or food consumed on such premises, or which has an annual gross income of at least two hundred thousand dollars from the sale of prepared meals or food consumed on such premises.

 

Sec. 10-362. All retail licensees.

 

(a) Sales to minors or intoxicated persons. No retail licensee, nor employee of such licensee, shall allow any alcoholic beverages to be sold, given or otherwise supplied upon the licensed premises to any person who is under the age of 21 years, or to a habitual drunkard, or to any person who is intoxicated or who is actually or apparently under the influence of alcoholic beverage.

 

(b) Consumption by minors. No retail licensee, nor employee of such licensee, shall allow any person under the age of 21 years of age to consume alcoholic beverages upon the licensed premises.

 

(c) Sale for off premise consumption. No retail licensee, nor employee of such licensee shall sell for off-premise consumption any glass bottle containing more than thirty (30) ounces of malt liquor or nonintoxicating beer that is chilled or refrigerated to a temperature that is below room temperature of the licensed premises.

 

(d) Serving or delivering in vehicles. No retail licensee, nor employee of such licensee, shall sell or serve any alcoholic beverage to any person while such person is operating or is a passenger in or on any motor vehicle.

 

(e) Prostitution. No retail licensee, nor employee of such licensee, shall allow upon the licensed premises any act of prostitution as defined in the prostitution chapter of the Missouri Criminal Code, including the solicitation for any such act.

 

(f) Unauthorized sale of property. No retail licensee, nor employee of such licensee, shall allow any person to offer for sale or sell any personal property upon the licensed premises unless the sale of such property has been authorized by the licenseer or the manager or person in charge of such licensed premises.

 

(g) Disorderliness, indecency or obscenity. Upon the licensed premises, no retail licensee, nor employee of such licensee, shall:

 

(1) Fail to immediately prevent or suppress any violent quarrel or disorder, brawl, fight or any other act or conduct prohibited or declared to be unlawful by this chapter.

 

(2) Allow language, conduct or songs calculated to provoke a breach of the peace, or obscene literature, entertainment or advertising material.

 

(3) Allow any employee, entertainer or customer to perform a dance of any kind upon a bar, table or any other place used for serving food or beverages.

 

(4) Allow any person to be unclothed, or in such less-than-opaque attire, costume or clothing, so as to expose to view human genitals, pubic region or pubic hair, or

buttocks, female breast or breasts below a point immediately above the top of the

areola, or any combination of the foregoing, or human male genitals in a discernibly

erect state, even if completely and opaquely covered, except as otherwise provided

by this chapter.

 

(5) Allow the performance of any acts of sexual conduct, including actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual

intercourse; or physical contact in an act of apparent sexual stimulation or

gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or

the breast of the female; or any sadomasochistic abuse or acts including animals or

latent objects in an act of apparent sexual stimulation or gratification, as such terms

are defined in the pornography and related offenses chapter of the Missouri Criminal

Code.

 

(6) Allow the display of films or videotapes showing persons unclothed as described in subsection (g)(4) of this section, or allow the display of pictures, films, videotapes

or other material depicting acts prohibited by subsection (g)(5) of this section.

 

(h) Storing off-licensed premises. No retail licensee shall store any alcoholic beverage off or outside of the licensed premises without first obtaining the written consent of the supervisor of liquor control; except that a licensee may store alcoholic beverages in a bonded warehouse or central warehouse, if he has first notified the supervisor of liquor control in writing of his intention to do so.

 

(i) Unlicensed beverages on premises. No retail licensee, nor employee of such licensee, shall allow upon the licensed premises any alcoholic beverages except such types the licensee is licensed to sell upon those premises.

 

(j) Illegal drugs. No retail licensee, nor employee of such licensee, shall possess, store, sell or offer for sale, give away, distribute or deliver any controlled substance or illegal drug or narcotic, as defined in the Missouri Comprehensive Drug Control Act, or similar statutes, upon the licensed premises, nor shall any such licensee or employee allow any other person to engage in any such acts upon the licensed premises.

 

Section B. This ordinance shall become effective on March 1, 1996, or ten days after passage whichever last occurs.

 

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Approved as to form and legality:

 

 

 

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Assistant City Attorney