COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 980200

Amending Chapter 10 of the Code of Ordinances, entitled Alcoholic Beverages, by enacting a new Section 10-304, providing regulations for interruption of alcoholic beverage services of licensees.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 10 of the Code of Ordinances, entitled entitled Alcoholic Beverages, is hereby amended by enacting a new Section 10-304, providing regulations for interruption of alcoholic beverage services of licensees, which section reads as follows:

Sec. 10-304. Discontinuance of Operations.

(a) Whenever the business operations of a retail sales-by-drink, C.O.L. or sales-by-package establishment licensed under this chapter are discontinued for any reason and the operations remain interrupted for a period of more than 30 consecutive days, then the licensee of such establishment shall within 10 days thereafter notify and furnish the following information in writing to the director:

(1) The date interruption of the operations commenced;

(2) The reasons for the interruption of operations;

(3) The date on which the licensee contemplates reopening the establishment for business;

(4) Copies of any police, fire department or other reports, if any, which were prepared in connection with or arise out of the cause or suspected cause for the interruption of business.

(5) Two coordinates expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises.

(b) Whenever the director or commissioner have knowledge that the business operations of a retail sales-by-drink, C.O.L. or sales-by-package establishment licensed under this chapter are discontinued for any reason and the operations remain interrupted for a period of more than 30 consecutive days, then the director may provide written notification of the closing to the owners of property parcels located in Kansas City, Missouri as defined by Geographic Information Systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the Public Works department of the city, wholly within or intersected by a radius of 350 feet from the premises, as measured from the center of the door for the main entrance to the premises.

(c) Whenever the director or commissioner have knowledge that the business operations of a retail sales-by-drink, C.O.L. or sales-by-package establishment licensed under this chapter are discontinued for any reason and the operations remain interrupted for a period of more than 120 consecutive days, then the director shall provide written notification of the closing to the owners of property parcels located in Kansas City, Missouri as defined by Geographic Information Systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the Public Works department of the city, wholly within or intersected by a radius of 350 feet from the premises, as measured from the center of the door for the main entrance to the premises.

(d) Within 30 days of the date of mailing of the notification by the director to the property owners, if the owners of not less than 50% of the property parcels wholly within or intersected by a radius of 350 feet from the premises, as measured from the center of the door for the main entrance to the premises file with the director a petition requesting a hearing on whether continuing license will be in the best interests of the public and the locality involved, then the director shall notify the licensee and property owners of the date, time and place of a hearing before the director. The director shall investigate the circumstances and report the findings of the investigation to the commissioner, who may cancel the license.

(e) In determining whether it is in the best interests of the public and the locality involved to cancel the license, the commissioner shall consider the factors set forth in Section 10-241 (e) (1) through (8) of this chapter. If the commissioner determines that it is not in the best interests of the public and the locality involved to cancel the license, then the commissioner shall not cancel the license. If the commissioner determines that it is in the best interests of the public and the locality involved to cancel the license, then the commissioner shall cancel the license.

(f) A licensee whose license has been canceled under this Section may appeal the commissioners decision in the manner provided in Section 10-67 of this chapter.

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Approved as to form and legality:

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Assistant City Attorney