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Legislation #: 060119 Introduction Date: 1/26/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER BROOKS
Title: Amending Chapter 10, Code of Ordinances, by repealing Sections 10-1, Definitions, 10-62, Required hearings and review of director’s actions, 10-102, Full sales-by-drink license, 10-103, Malt liquor and light wine sales-by-drink license, 10-104, Sunday licenses, 10-105, General requirements for temporary and annual catering permits, and enacting, in lieu thereof new sections of like number and subject matter and applying appropriate fees concerning the establishment of an alcoholic beverage caterer license for the City of Kansas City, Missouri.

Legislation History
DateMinutesDescription
1/26/2006 Filed by the Clerk's office
1/26/2006 Referred to Neighborhood Development and Housing Committee
2/1/2006 Hold On Agenda (3/15/2006)
3/15/2006 Advance and Do Pass as a Committee Substitute, Debate
3/16/2006 Passed as Substituted

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060119.pdf Authenticated 920K Authenticated
fact sheet 10 creation of catering license.xls Fact Sheet 485K Fact sheet Catering Ordinance

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060119

 

Amending Chapter 10, Code of Ordinances, by repealing Sections 10-1, Definitions, 10-62, Required hearings and review of directors actions, 10-102, Full sales-by-drink license, 10-103, Malt liquor and light wine sales-by-drink license, 10-104, Sunday licenses, 10-105, General requirements for temporary and annual catering permits, and enacting, in lieu thereof new sections of like number and subject matter and applying appropriate fees concerning the establishment of an alcoholic beverage caterer license for the City of Kansas City, Missouri.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 10-1, Definitions, 10-62, Required hearings and review of directors actions, 10-102, Full sales-by-drink license, 10-103, Malt liquor and light wine sales-by-drink license, 10-104, Sunday licenses, 10-105, General requirements for temporary and annual catering permits, and enacting, in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 10-1. Definitions.

As used in this chapter:

Alcohol Beverage Vaporizer means any device which, by means of heat, a vibrating element or any method, is capable of producing a breathable mixture containing any one or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose and/or mouth.

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

Annual gross sales means the gross sales shown on the prior year's state sales tax receipt or the prior years convention and tourism tax filings or city occupational license tax receipt for an applicant or licensee.

Board means the liquor control board of review established by the city under this chapter to conduct regulatory hearings in connection with the administration and enforcement of the provisions of chapter 10 of the city's Code of Ordinances.

Caterer means any establishment whose primary business is the preparation of food and drinks for consumption away from the licensed premises. A caterer must drive 50 percent or more of its annual gross sales from the sale of prepared meals and food consumed at other approved premises. For the purposes of determining whether an establishment qualifies as a caterer under the provisions of this chapter and calculating the amount and percentage of annual gross sales from the sale of prepared meals and food, any nonalcoholic components mixed or served in any alcoholic beverage shall be considered to be part of the alcoholic beverage and shall not be considered to be prepared meals and food.

 

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 the building or structure was originally designed and constructed for that purpose.

Closed place means a premises licensed under this chapter where all doors are locked and where no customers are in 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. license means a license for the consumption of alcoholic beverages in or upon a premises which does 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.

Commissioner means the Commissioner of Revenue of Kansas City, Missouri, or person authorized and designated by the commissioner.

Condominium means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

Convention hotel or motel means any hotel or motel containing not less than 50 transient guestrooms, having a meeting room or similar facility with a seating capacity of not less than 50 persons and having a restaurant on the premises.

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

Dancer means any person performing a semi-nude dance, or who performs a dance for any customers upon the premises of an establishment that allows semi-nude dancing.

Director unless otherwise described, means the director of neighborhood and community services, or a person designated by the director.

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.

Eligible consenter means an owner of property in Kansas City, Missouri which is wholly within or intersected by a specified radius from a proposed premises and allowed to consent to the location of the premises as set forth in this chapter and shall include the board of parks and recreation commissioners with respect to park property under its jurisdiction, but with respect to all other property owned by Kansas City, Missouri, or property owned by the federal government, the State of Missouri, and political subdivisions of the state, the city, the federal government, the State of Missouri, and political subdivisions of the state shall not be considered an eligible consenter and the property shall not be included in calculating the number of required consents.

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.

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 those organizations, under the conditions of section 80-90 of the Code of Ordinances.

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.

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

Location means the property parcel upon which a licensed premises is situated.

Malt liquor means any beer or other malt beverage 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 in excess of 3.2 percent by weight, but not in excess of 5 percent by weight.

Managing officer means the person(s) designated by the licensee who is in actual management and control of a business licensed under this chapter, 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.

Microbrewery means a business whose activity is the brewing and selling of beer, with an annual production of 10,000 barrels or less.

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 license means any license issued under this chapter on an application for a new license whether or not the proposed premises was previously licensed under this chapter but shall not mean a renewal license.

Original package means any package containing 3 or more standard bottles or cans of malt liquor or nonintoxicating beer, a package containing 50 milliliters (1.7 ounces) or more of spirituous liquor and a package containing 100 milliliters (2.4 ounces) or more of vinous liquor in the manufacturer's original container. A standard bottle or can is any bottle or can containing 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, limited liability company or corporation, unless the context requires a contrary interpretation.

Place of entertainment means any establishment which has occupancy capacity for at least 300 customers, annual gross sales in excess of $250,000.00, and has been in operation for at least 1 year.

Premises means the bounds of the enclosure where alcoholic beverages are permitted to be sold, stored or consumed under the authority of this chapter.

Restaurant-bar means any establishment having a restaurant or similar facility on the premises which derives 50 percent or more of its annual gross sales from the sale of prepared meals and food made and consumed on the premises, or which has an annual gross sales of at least $200,000.00 from the sale of prepared meals and food consumed on the premises. For the purposes of determining whether an establishment qualifies as a restaurant-bar under the provisions of this chapter and calculating the amount and percentage of annual gross sales from the sale of prepared meals and food, any nonalcoholic components mixed or served in any alcoholic beverage shall be considered to be part of the alcoholic beverage and shall not be considered to be prepared meals and food.

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

Semi-nude dance means any live exhibition, performance or dance by a person or persons in a state of dress in which opaque clothing covers no more than the areola of the female breast, the genitals or pubic region and anus, as well as portions of the body covered by straps or strings supporting that clothing.

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 3 most recent calendar months preceding. For the purposes of determining whether substantial quantities of prepared meals and food constitute at least 50 percent of the gross income of an establishment under the provisions of this chapter, and calculating the amount and percentage of annual gross income from the sale of prepared meals or food, any nonalcoholic components mixed or served in any alcoholic beverage shall be considered to be part of the alcoholic beverage and shall not be considered to be prepared meals or food.

Unit means a physical portion of a condominium designated for separate ownership or occupancy, the boundaries of which described in the declaration which creates the condominium.

Unit owner means a person who owns a condominium unit but does not include a person having an interest in a unit solely as security for an obligation.

Sec. 10-62. Required hearings and review of director's actions.

  (a) If an application for an original license or permit or the renewal or transfer of location of an existing license, or for change of ownership or change in management or control of the business under this chapter is disapproved by the director, or if an eligible consenter disputes the approval of a license or permit, or the location of premises proposed to be used for the sale of alcoholic beverages or C.O.L., then the applicant or eligible consenter, as the case may be, may file with the board, a written request for a hearing before the board on the denial or decision touching location, the request to be made by the applicant or eligible consenter, within 10 days after notice of the director's final decision. The applicant or eligible consenter, as the case may be, shall also serve a copy of said request on the director.

(b) In the case of action by the director seeking to suspend or revoke a license or permit issued under this chapter, the director shall:

(1) File with the board, a written complaint setting forth the reasons for suspension or revocation of the license or permit, and requesting a hearing before the board to consider the action.

(2) Serve a copy of said request on the licensee or permittee personally or by leaving a copy at the licensed premises or by mailing a copy of the request to the licensee or permittee at his last known address.

  (c) Upon the filing of a written complaint or request for a hearing before the board as provided in this chapter, made within the time specified in this article, the board shall, within 20 days after the receipt of the request, notify the director and all other parties of the date, time and place for the hearing. The date of the hearing shall not be less than 20 days from the date the request was filed.

  (d) Hearing procedures shall include but not be limited to the following:

 (1) The applicant, licensee, permittee or eligible consenter shall have full right to have counsel, to produce witnesses and to cross examine all witnesses who may appear. All proceedings in the hearings shall be taken down stenographically, or recorded mechanically or electronically, or by a combination thereof, and shall be transcribed whenever required by law. Subpoenas shall be issued by the director or board for any witness whose presence is desired at any hearing or proceeding before the board to suspend or revoke a license or permit, or to issue or refuse a license or permit or renewal thereof, and the subpoena may be served by any person designated by the director or board, or by any member of the city police department. The subpoenas shall be served and return thereon shall be made in the same manner as is provided by law in civil suits in the circuit court of this state.

(2) Witnesses may also appear voluntarily at the hearings and testify. Before testifying in any hearing or proceeding before the board, all witnesses shall be sworn to tell the truth and nothing but the truth.

(3) With respect to a hearing before the board in connection with the directors action on an application for an original license or permit or the renewal or transfer of location of an existing license, or application for change of ownership or change in management or control of the business under this chapter or a hearing before the board in connection with the directors action to seek suspension of revocation of a license or permit issued under this chapter, the board shall issue its decision in writing within 30 days following the conclusion of the hearing unless the parties agree to an extension which shall not exceed an additional 30 days.

(4) The decision of the board shall include findings of facts and conclusions of law, wherein the board may dismiss the complaint, or suspend or revoke a license or permit previously issued, or affirm or reverse the director's issuance or denial of an application for an original license, or renewal or transfer of an existing license or permit or remand the matter to the director for further administrative review or action. In exercising the powers of this section, the board must have a concurring vote of at least three members of the board in order to reverse the decision or determination of the Director of Neighborhood and Community Services. The board's decision shall be served upon all the parties in person or by registered or certified mail to the party's last known address. If the board is not able to serve the decision notice upon a party in person or if any notice sent by mail is returned by the U.S. Postal service, then the board shall cause the notice to be posted at the principal entrance of the business or facility, and the posting shall constitute valid service. No suspension or revocation shall become effective until 10 days after the decision has been made by the board.

 Sec. 10-102. Full 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)     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.

 


Sec. 10-103. Malt liquor and light wine sales-by-drink license.

 

(a)     A malt liquor and light wine sales-by-drink license authorized by RSMo 311.200 authorizes the licensee to sell malt liquor and light wine at retail by the drink for consumption upon the licensed premises and to sell malt liquor, light wine and nonintoxicating beer in the original package on the licensed premises.

 

(b)     Notwithstanding other provisions of this chapter, a permit for the sale of malt liquor, light wine or nonintoxicating beer for consumption on the premises where sold may be issued to any church, school, civic, service, fraternity, veteran, political or charitable club or organization for the sale of malt liquor, light wine or nonintoxicating beer at a picnic, bazaar, fair or similar gathering. The permit shall be issued only for the days named therein, and it shall not authorize the sale of malt liquor, light wine or nonintoxicating beer for more than seven days by the organization as described in this subsection in any state fiscal year (July 1 through June 30). For each permit issued, the licensee shall pay the city treasurer the sum of $15.00. No provisions of this chapter shall prohibit any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the holder of the license at the picnic, bazaar, fair or similar gathering.

(c) A caterer with a malt liquor and light wine sales-by-drink license authorizes the licensee to sell malt liquor and light wine at retail by the drink for consumption away from the license premises at other premises approved by the Director

 

Sec. 10-104. Sunday licenses.

A Sunday license authorizes the licensee to sell all kinds of alcoholic beverages by the drink for consumption on the licensed premises under the conditions and during the hours herein specified on Sunday in addition to the legal hours and days set out in section 10-333 except if licensee holds a valid license or permit pursuant to the provisions of Section 10-106 then licensee may be open for business in accordance with the provisions of the license or permit.

  1. Restaurant-bar Sunday license.

a. A restaurant-bar Sunday license may be issued to applicants holding sections 10-102 and 10-103 sales-by-drink licenses whose premises qualify as a restaurant-bar as defined in section 10-1.

b. Every applicant for a restaurant-bar Sunday license shall furnish the director, in addition to the application, a notarized statement signed by the applicant showing that 50 percent or more of the gross sales for the year immediately preceding was derived from the sale of prepared meals and food consumed and made on the premises. An applicant who has not been in business 1 year but has been in business at least 90 days immediately preceding the application, shall furnish a notarized statement signed by the applicant showing that 50 percent or more of the gross sales during the 90-day period was derived from the sale of prepared meals and food consumed and made on the premises; provided, however, that the director may waive the 90-day period for a new business if requested by the applicant and the request is supported by documentation that the business will produce 50 percent or more of its gross sales from prepared meals and food consumed and made on the premises. If this waiver is granted, the applicant, after 90 days of operation, shall produce proof that the sales percentage required has been satisfied, and, if not, the restaurant-bar Sunday license will be canceled by the director without refund. The cancellation shall be appealable to the board in the manner set forth in section 10-62(b) of this chapter.

c. Any licensee who has been issued a restaurant-bar Sunday licenses pursuant to this section may remain open and sell alcoholic beverages for consumption on the licensed premises between the hours of 9:00 a.m. on Sunday and 12:00 midnight on Sunday. A restaurant-bar Sunday licensee holding caterers' permits issued pursuant to section 10-105 may cater a function, occasion or event on Sunday during the hours which a restaurant-bar Sunday licensee may lawfully dispense intoxicating liquors.

d. Any licensee who has been issued a restaurant-bar Sunday license pursuant to this section, whose premises is located on the grounds of a sports stadium used primarily for professional sporting events may sell alcoholic beverages by the drink at retail for consumption on the premises between the hours of 8:00 a.m. on Sunday and 12:00 midnight on Sunday.

  (2) Amusement Place Sunday license.

a. An Amusement Place Sunday license authorizes the licensee holding sections 10-102 and 10-103 sales-by-drink licenses whose premises qualify as an amusement place as defined in section 10-104(2)(b) to remain open and sell alcoholic beverages for consumption on the licensed premises between the hours of 9:00 a.m. on Sunday and 12:00 midnight on Sunday.

b. As used in this subsection, the term "amusement place" means any establishment whose business building or premises contains a square footage of at least 10,000 is a place where games of skill are usually played, and which has annual gross receipts of at least $200,000.00.

c. Every applicant for a place of Amusement Sunday license shall furnish the director, in addition to the application, a notarized statement signed by the applicant showing that applicant's annual gross receipts exceed $200,000.00 and that not more than 50 percent of the gross income for the year immediately preceding was derived from the sale of alcoholic beverages. An applicant who has not been in business at least 90 days immediately preceding the application may be issued a temporary 90-day Place of Amusement Sunday license by the director if the applicant furnishes to the director a notarized statement signed by the applicant showing a projection of annual business from game participation of at least 50 percent of a total gross business of at least $200,000.00 for the first year of operation. If a temporary license is issued, the applicant, after 90 days of operation, shall produce proof that the sales percentage required has been satisfied, and, if not, the Place of Amusement Sunday license will be canceled without refund. The cancellation shall be appealable to the board in the manner set forth in section 10-62(b) of this chapter.

d. Nothing in this section shall be construed to permit the licensee of a Place of Amusement to sell intoxicating liquor, malt liquor or non-intoxicating beer for off-premises consumption.

(3) Common eating and drinking area Sunday license. A common eating and drinking area Sunday license authorizes the licensee holding a section 10-108 license not for consumption on the premises where sold but for consumption in a common eating and drinking area, as described in the application for the license, to remain open and sell alcoholic beverages between the hours of 9:00 a.m. on Sunday and 12:00 midnight on Sunday.

(4) Nonprofit organization Sunday license.

a. A nonprofit organization Sunday license authorizes the licensee to remain open and sell alcoholic beverages for consumption on the premises only between the hours of 9:00 a.m. on Sunday and 12:00 midnight on Sunday.

b. Every applicant for a nonprofit organization Sunday license must qualify as a charitable, fraternal, religious, service or veterans' organization which has obtained an exemption from the payment of federal income taxes and must meet the other requirements of RSMo 311.090(2) and must be qualified to conduct business in the state and must be either chartered or operating for a period of not less than one year prior to the date of application.

c. Admission to a nonprofit organization premises when intoxicating liquors will be dispensed under this section shall be limited to enrolled and dues-paying members, and their guests, but only if the guest or guests are accompanied by a member. A register containing the names and dates of admission of all admitted guests shall be maintained and available to inspection by the director or his agents at all times during the hours provided by this section and at other reasonable times.

(5) Place of entertainment Sunday license. A place of entertainment Sunday license authorizes the licensee to remain open and sell alcoholic beverages for consumption on the premises between the hours of 9:00 a.m. on Sunday and 12:00 midnight on Sunday.

(6) Full package sales Sunday license. A full package sales Sunday license authorizes the licensee to remain open and sell alcoholic beverages between the hours of 9:00 a.m. on Sunday and 12:00 midnight on Sunday.

(7) Airline Club Sunday license. An establishment meeting the requirements of chapter 311 RSMo for an Airline Club is eligible for a city Airline Club Sunday license that authorizes the licensee to remain open and sell alcoholic beverages for consumption on the premises between the hours of 9:00 a.m. on Sunday and 12:00 midnight on Sunday.

(8)               Kansas City Sports Stadiums. Notwithstanding any other provisions of this chapter to the contrary, any restaurant bar licensed under the provisions of this section which is located on the grounds of a sports stadium primarily used for professional sporting events may sell intoxicating liquor by the drink at retail for consumption within the premises of the restaurant bar on Sunday between the hours of 8:00 a.m. and midnight.

(9) Caterer Sunday License.

(a) A caterer Sunday license may be issued to applicants holding sections 10-102 and 10-103 sales-by drink licenses whose premises qualify as a caterer as defined in Section 10-1.

(b) A caterer Sunday license authorizes the licensee to remain open and sell alcoholic beverages between the hours of 9:00 a.m. Sunday and 12;00 midnight on Sunday.

(c) Every applicant for a caterer Sunday license shall furnish the director, in addition to the application, a notarized statement signed by the applicant showing that 50 percent or more of the gross sales
for the year immediately preceding was derived from the sale of prepared meals and food consumed away from the premises. An applicant who has not been in business one year but has been in business at least 90 days immediately preceding the application, shall furnish a notarized statement signed by the applicant showing that 50 percent or more of the gross sales during the 90-day period was derived from the sale of food consumed away from the premises; provided, however, that the director may waive the 90-day period for a new business if requested by the applicant and the request is supported by documentation that the business will produce 50 percent or more of its gross sales from food consumed away from the premises. If this waiver is granted, the applicant, after 90 days in operation, shall produce proof that the sales percentage required has been satisfied, and, if not, the caterer Sunday license will be canceled by the director without refund. The cancellation shall be appealable to the board in the manner set forth in Section 10-62(b) of this chapter.

(10) Convention Hotel or Motel Sunday license. A convention hotel or motel Sunday license authorizes the licensee holding a section 10-102 and 10-103 sales-by-drink license to remain open and sell alcoholic beverages for consumption on the premises between the hours of 9:00 a.m. on Sunday and 12:00 midnight on Sunday

Sec. 10-105. General requirements for temporary and annual catering permits.

(a)     Requirements.

 

(1)     Eligibility. Only a restaurant/bar or a caterer (as defined in this section) is eligible to receive a catering permit.

 

(2)     Application. Must be filed with the city department of neighborhood and community services at least five workdays prior to the scheduled function, occasion, or event. After appropriate documentation is received and reviewed by the department of neighborhood and community services, an approval letter maybe issued. The approval letter is sent to the state via fax, electronic mail, carrier, or postal mail. Upon receipt of all required documentation, including an approved state catering license, the city may issue a catering permit. Failure to provide any of this information will prevent the establishment from obtaining a catering permit. It is mandatory that both a city and state license must be available for display upon request of any law enforcement officer and/or investigator designated by the director for any catered event.

 


(3) Contents of application. A restaurant/bar or caterer desiring to obtain a temporary or annual permit under the terms of this chapter shall make application to the director, in writing, and under oath on a form created by the director. Each answer in the application blank shall be considered material to the issuance of the license and the applicant shall answer each question in the application in full. The applicant shall provide:

 

a.     The individual designated as the managing officer or the individual in active control of the original liquor license under this chapter shall make application for an annual or temporary catering permit. This individual must provide the name and residential address of the applicant. If the application is on behalf of a partnership, the names, and residential addresses of all partners or any person who has a financial interest in the partnership must be provided. If the application is on behalf of a corporation the name and address of the corporation, and names and residential address of individuals with more than ten percent interest in the corporation must be provided.

 

b.     A description and address of the proposed restaurant/bar premises for which a license is sought or, in the case of a caterer, where food and alcohol will be stored or prepared for off-premises consumption to which the license will be attached.

 

c.     A certificate from the directors of codes administration, fire, and health stating that the catered location site complies with respective codes.

 

d.     The date, starting time and ending time of the function, occasion, or event.

 

e.     Security. A detailed description of what security measures are for crowd control, which shall be approved by the director of neighborhood and community services. Include the number of security employees, as well as the number of commissioned security officers.

 

f.     Portable toilet. For outdoor events, one portable toilet must be provided per every 20 patrons, members, guest or customers.

 

g.     Traffic control plan. For outdoor events, a plan must be approved by the city public works department and the city police department.

 

h.     A copy of the state catering license.

 

i.     Street closure. If a public street will be blocked off for a function, occasion or event, a permit for a street closure must be obtained from the public works department.

 

j.     Any additional information, which the director may reasonably require to be fully informed for consideration of the issuance of a catering permit.

 

(4)     Approval letters.

 

a.     Sponsor/property owner letter: A copy of the approval letter between the property owner upon which the function, occasion or event is to take place and the sponsor of the function, occasion or event must be provided to the director with the application for a catering permit. The letter must state the agreed upon date, starting and ending time, and the actual location of the function, occasion, or event.

 

b.     Caterer/sponsor letter: A copy of the agreement letter between the city-licensed restaurant/bar or caterer applying for the catering permit and the sponsor for the function, occasion, or event. The letter must state the type of event being hosted.

 

(5)     Diagram of the catered premises. There must be a diagram of the premises, which includes a diagram of the areas where the alcohol will be sold and consumed. If the event is to be held outside, the diagram should show how the alcohol will be contained (a description of the barriers used to enclose the area of the event). If there, will be any outdoor seating, provide the location on the diagram and include a measurement of the entire outside perimeter of the event and the locations of portable toilets, traffic barriers and the number security officers posted.

 

(6)     Dance hall permit. If there will be dancing at the event, a dance hall permit must be obtained by the restaurant/bar or caterer from the director of neighborhood and community services ($15.00 per day).

 

(7)     The director may make additional requirements as needed.

 

(b)     Limitations.

 

(1) An applicant permitted a catering license shall staff the function, occasion or event with at least one employee from the original licensed restaurant-bar or caterer approved for that specific catering permit.

 

(2) All servers of alcohol at a catered function, occasion or event must have an employee liquor permit from the city.

 

(3) A catering permit shall only authorize the sale of the same type of alcohol during the same operational hours as permitted by the original license for the restaurant/bar or as authorized on the original license for the caterer.

 

(4) Alcohol served at outdoor events must be served in plastic containers. No glass bottles or cups.

 

(5) No catering permit will be issued for any premises, that has applied for a permanent liquor license and has failed to obtain that license with the exception of private events such as weddings or non-profit events.

 

(6) No catering permits will be issued for any non-licensed premise when the director determines that the intent is to operate as a venue holding a permanent liquor license.

 

(7) No catering permit will be issued for any non-licensed premise that has made application for a city liquor license and is currently in the consent process.

 

(8) No catering permit shall be issued for any function, occasion or event where an admission charge is made at the entrance or at the time thereof, except where such function, occasion or event is held strictly and solely by a charitable, religious, civic service or professional organization that have pre-existing membership prior to the application for the catering permit.

 

(9) A catering permit for any function, occasion or event held outdoors for a group larger than 20 people, must have a specific restroom location or a portable toilet for every 20 patrons, guests, customer or member.

 

(10) Additional limitations may be required at the sole discretion of the director.

 

(11) An application for a catering permit may be denied at the sole discretion of the director.

 

(c)     Specific requirements for a temporary catering permit.

 

(1)     Temporary catering permits shall be effective for a period not to exceed 120 consecutive hours.

 

(2)     A maximum of four temporary catering permits may be issued during the sale or transfer of an existing license.

 

(3)     The temporary catering permit fee is $15.00 a day.

 

(d)     Specific requirements for an annual catering permit.

 

(1)     An annual catering permit permits a city licensed restaurant/bar or caterer to hold an unlimited number of catering events annually.

 

(2)     A report must be submitted by the restaurant/bar or caterer of each event, five business days in advance of the scheduled event. The reports shall include:

 

a.     Approval letters, as described in section 10-105(a)(4);

 

b.     A copy of the state catering license must be proved, as

described in section 10-105(a)(2);

 

c.     A diagram of the premises, as described in section 10-105(a)(5);

 

d.     The date or dates and times of the event(s) held.

 

(3)     A restaurant/bar must have been in business for two or more continuous years from the date of application. A caterer must have been in business for six or more continuous months from the date of application.

 

(4)     The restaurant/bar or caterer must be in "Good Standing" with the city, defined by not having liquor code violations throughout the prior two-year period previous to the date of application.

 

(5)     The permit year for the license for annual catering permit extends from January 1 of each year until the end of December 31 of that year. For renewal of that permit each person holding the permit desiring renewal of the permit, shall file with the director an application for renewal on or after November 1 and not later than November 30. If an application for renewal of the permit is not approved by the director by December 31, then no catering is permitted without a temporary catering permit.

 

(6)     The annual catering permit fee is $1,500.00. The application fee is $500.00. The fees cover the various costs incurred by the city for investigations and processing, therefore, the fees are not refundable.

 

(e)     Violations. Any violation of the provisions set forth in chapter 10 of the Code of Ordinances of the city by a person holding a catering permit, or his employee, agent or servant, while operating under a catering permit which occurs on the premises being catered, shall cause the permittee and his employee, agent, or servant to be subject to administrative action by the director and prosecution as provide by chapter 10 as though the violation had occurred on the permittee's original licensed premises.

 

(f)     Effect of denial of permit. If the application is denied, an application to protest the denial may be submitted to the director as referred to in Chapter 10 of the ordinances.

 

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Approved as to form and legality:

 

 

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Kathy K. Adams

Assistant City Attorney