COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 951704

 

Amending Chapter 10 of the Code of Ordinances, entitled Alcoholic Beverages, by repealing therein Section 10-215 and enacting in lieu thereof a new section of like number and subject matter.

 

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 Section 10-215 and enacting in lieu thereof a new section of like number and subject matter, which section reads as follows:

 

Sec. 10-215. Number of retail alcoholic beverage licenses.

 

The number of alcoholic beverage licenses issued by the supervisor of liquor control shall be limited on the following basis:

 

(a) Retail sales-by-drink licenses. One retail sales-by-drink license may be issued for each 1,500 population within a 3000 foot radius from a proposed licensed premises,

as measured from the center point of the premises, except that there shall be no

limitation on:

 

(1) Retail sales-by-drink licenses issued to hotels, apartment hotels, motels, inns,

lodges or similar places providing principally transient residential

accommodations and having at least 40 rooms for overnight accommodation.

 

(2) Retail sales-by-drink licenses issued to restaurant premises where substantial

quantities of food are served, as defined in this chapter. The licensee of

restaurant premises granted a license under this subsection shall file with the

supervisor of liquor control, on a form provided by him, a verified statement

showing the total amount of gross receipts, the total amount of gross receipts

from the sale of alcoholic beverages, and the total amount of gross receipts

from the sale of prepared meals and food made on the premises for the ninety

(90) day period immediately following the date of the issuance of such

license, and thereafter for each twelve month period immediately preceding

each annual renewal of such license. Such statements shall be filed within 15

days after the expiration of the ninety (90) day period and with each annual

renewal application. In any case, wherein a license is granted under the

provisions of this subsection, the supervisor of liquor control shall, upon

proper and sufficient evidence submitted to him, summarily cancel or refuse

to renew such license upon the failure of the licensed premises for a period

of one (1) year after issuance or renewal of such license to maintain an

average of 50 percent or more of its total gross receipts in sales of prepared

meals and food. Any license issued under the provisions of this subsection

shall be so designated on the license itself. Cancellation as provided in this

subsection by the supervisor of liquor control of any license issued under this

subsection shall not be deemed a revocation and shall not disqualify such

licensee from applying for and receiving any license granted under the

provisions of this chapter. Such cancellation shall be appealable to the liquor

control board of review in the manner set forth in Article II, Division 2, of

this chapter.

 

(3) Sales-by-drink premises located wholly within the following described

location:

 

That area bounded by and including the block face frontage on I-70 on the

north, Holmes on the east, Broadway on the west, and 24th Street on the

south.

 

(b) Retail sales-by-package licenses. One retail sales-by-package license may be issued for each 1,500 population within a 3,000 foot radius from a proposed licensed

premises, as measured from the center point of the premises, except that there shall

be no limitation on:

 

(1) Retail sales-by-package drug stores, grocery stores or convenience-grocery

stores with not less than twenty thousand (20,000) square feet of sales display

area within a building; an average of 80% or more of its total gross receipts

from nonalcohol sales. The licensee of a drug store, grocery store or

convenience-grocery premises granted a license under this subsection shall

file with the supervisor of liquor control, on a form provided by him, a

verified statement showing the total amount of gross receipts, the total

amount of gross receipts from the sale of alcoholic beverages, and the total

amount of gross receipts from the sale of nonalcohol inventory made on the

premises for the ninety (90) day period immediately following the date of the

original issuance of such license, and thereafter for the twelve month period

immediately preceding May 1 of each year. Such statements shall be filed

within 15 days after the expiration of the ninety (90) day period and with

each annual renewal application for a retail sales-by-package license. In any

case, wherein a license is granted under the provisions of this subsection, the

supervisor of liquor control shall, upon proper and sufficient evidence

submitted to him, summarily cancel or refuse to renew such license upon the

failure of the licensed premises for a period of one (1) year after original

issuance or renewal of such license to maintain not less than Twenty

thousand (20,000) square feet of sales display area within a building; an

average of 80% or more of its gross receipts from nonalcohol sales. Any

license issued under the provisions of this subsection shall be so designated

on the license itself. Cancellation as provided in this subsection by the

supervisor of liquor control of any license issued under this subsection shall

not be deemed a revocation and shall not disqualify such licensee from

applying for and receiving any license granted under the provisions of this

chapter. Such cancellation shall be appealable to the liquor control board of

review in the manner setforth in Article II, Division 2, of this chapter.

 

(2) Sales-by-package premises located wholly within the following described

location:

 

That area bounded by and including the block face frontage on I-70 on the

north, Holmes on the east, Broadway on the west, and 24th Street on the

south.

 

(c) The determination of population within a 3,000 foot radius of a proposed sales-by-drink or sales-by-package premises shall be made by adding the most current population of all United States census blocks located wholly within and intersected

by the 3000 foot radius. The determination of the number of licenses within a 3000

foot radius of a proposed sales-by-drink or sales-by-package premises shall be made

by adding the total number of licenses of the specific category located in the United

States census blocks wholly within and intersected by the 3000 foot radius but

excluding those licenses exempted under subsections (a)(1), (a)(2), (a)(3), (b)(1) and

(b)(2) of this section. The locations described in subsections 10-215 (a)(3) and (b)(2)

shall be excluded for purposes of determining the population and number of licenses

within a 3000 foot radius of a proposed sales-by-drink or sales-by-package premises.

 

(d) If the total number of sales-by-drink or sales-by-package licenses herein issued at the time this chapter becomes effective exceeds the number authorized for that

category of license, such licenses, if they meet all other requirements, shall be

entitled to renewal on an annual basis. Additional licenses in a category shall not be

issued until such time as the respective population ratios mentioned in this section

exceeds the populations provided herein. New licenses in a category, if they meet

all other requirements, shall be issued for vacancies created by revocations,

condemnation, bona fide purchases or transfers of licenses to a new premises located

in a census block wholly within or intersected by a 3000 foot radius from the existing

licensed premises, as measured from the center point of the premises, so long as an

application for a new license is filed within twelve (12) months from the date of

revocation, condemnation, bona fide purchase or transfer.

 

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Approved as to form and legality:

 

 

 

 

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Assistant City Attorney