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Legislation #: 030620 Introduction Date: 5/22/2003
Type: Ordinance Effective Date: 6/15/2003
Sponsor: COUNCILMEMBER XBARNES AND COUNCILMEMBER COOPER
Title: Amending Chapter 10, Code of Ordinances entitled Alcoholic Beverages by repealing therein Section 10-212, Distance from churches or schools, and enacting in lieu thereof a new section of like number and subject matter.

Legislation History
DateMinutesDescription
6/5/2003

Waive Charter Requirements City Council

5/22/2003

Prepare to Introduce

5/22/2003

Referred Neighborhood Development and Housing Committee

5/28/2003

Do Pass as a Committee Substitute

5/29/2003

Assigned to Third Read Calendar

6/5/2003

Amended

6/5/2003

Passed as Substituted and Amended


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 030620, AS AMENDED

 

Amending Chapter 10, Code of Ordinances entitled Alcoholic Beverages by repealing therein Section 10-212, Distance from churches or schools, 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, Code of Ordinances of the City of Kansas City, Missouri, entitled Alcoholic Beverages is hereby amended by repealing therein Section 10-212, Distance from churches or schools, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 10-212. Distance from churches or schools.

 

(a) No alcoholic beverage license shall be issued for any location when the premises are within 300 feet of a school or church, measured from the nearest point of the enclosing wall of the premises to the nearest point of the school or church property. However, if a dwelling is the site of a proposed catered function, occasion or event, the requirements for the distance from any school or church is reduced to within 100 feet from the church or school. This provision shall not prohibit a church or school, meeting the requirements of this chapter, from holding a catered function, occasion or event on the property of the school or church.

 

(b) No alcoholic beverage license shall be issued for the expansion of any existing premises within 300 feet of a school or church, measured from the nearest point of the enclosing wall of the premises to the nearest point of the school or church property unless the expansion meets all of the following requirements:

 

(1) The expansion does not increase the area of the premises by more than 100 percent of the original area of the premises as it exists on the effective date of the ordinance which enacted this section; and

 

(2) The premises after expansion shall not be closer to a church or school than the original premises as it exists on the effective date of the ordinance enacting this section.

 

(c) The property for a licensed premises situated thereon, legally established within 300 feet of a church or school prior to the adoption of this chapter, shall remain eligible for the location of a licensed premises within 300 feet of the church or school under the following conditions:

 

(1) The licensed premises must have been legally established within 300 feet of a church or school prior to the adoption of this chapter; and

 

(2) An application for a new license for the premises must be filed within 120 days from the latter date that:

 

a. The licensee surrenders the license; or

 

b. The date that the license is canceled, terminated or revoked by the city; or

 

c. The date that the licensee cancels, terminates or abandons the lease; and

 

(3) A relocation of the original premises to another location on the property shall not be


permitted; and

 

(4) Changes from an existing retail sale-by-drink license to any other license classification, or from an existing sale-by-package license to any other license classification, or from any other classification of license issued under this chapter to another license classification shall not be permitted; and

 

(5) All other requirements for licensing a premises under this chapter are met.

 

(d) The provisions of subsection 10-212(a) shall not apply for the location of a proposed premises for a restaurant-bar sale-by-drink establishment if the proposed premises is located in an area of the city zoned C3a2 as of the effective date of the ordinance enacting this subsection.

 

(e) The provisions of subsection 10-212(a) shall not apply for the location of a proposed premises for a restaurant-bar sale-by-drink establishment if the proposed premises is located wholly within the following described location: that area bounded by and including the block face frontage on 17th Street Terrace on the north, Woodland Avenue on the east, 19th Street on the south and Paseo Boulevard on the west.

 

(f) The provisions of subsection 10-212(a) shall not apply for the location of a proposed premises for a retail sale-by-drink establishment if the proposed premises is located on city owned property within the following described location: that area bounded by 17th Street Terrace on the north, Highland Avenue on the east, 18th Street on the south and Vine Street on the west.

 

(g) The provisions of subsection 10-212 (a) relating to the distance from churches but not schools shall not apply for the location of a proposed premises in a planned district defined in sections 80-272 through 80-281 of the Code of Ordinances, which includes a church as part of a development plan approved by the city council.

 

(h) The provisions of subsection 10-212(a) relating to the distance from churches but not schools shall not apply for the location of a proposed premises in a general planned development district defined in Chapter 80 of the Code of Ordinances:

 

(1) Which is zoned either GP-2 or GP-3 and is also zoned either GP-4 or GP-5 and which has been merged into a single zone on the basis of an appropriate integrated design plan; and

 

(2) Which includes a church as part of a development plan approved by the city council.

 

(i) The provisions of subsection 10-212 (a) shall not apply for the location of a proposed premises for a retail sale-by-drink establishment if the proposed premises is located wholly within the following described location:

 

That area bounded by, including and beginning from the intersecting point of the block face frontage of the west side of the Broadway Bridge and the south bank of the Missouri River, thence east along the south bank of the Missouri River to the intersecting point of and including the east side of the Heart of America Bridge, thence south along the block face frontage of the east side of the Heart America Bridge to the intersecting point of and including the block face frontage of the north side of Admiral Boulevard on the north, thence continuing south along the block face frontage of the east side of Locust Avenue to the intersecting point of and including the block face frontage of the south side of I-670 on the south, thence west along the block face frontage of the south side of I-670 to the intersecting point of and including the block face frontage of the west side of I-35, thence north along the west side of I-35 to the intersecting point of the block face frontage of the west side Broadway Boulevard, thence north along the block face frontage of the west side of Broadway Boulevard to the intersecting point of the west side of the Broadway Bridge and the south bank of the Missouri River.

 

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Approved as to form and legality

 

 

_____________________________

Assistant City Attorney