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Legislation #: 071254 Introduction Date: 11/20/2007
Type: Ordinance Effective Date: 12/23/2007
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing section 10-263, Transfer of location, and enacting in lieu thereof a new article of like number and subject matter which will require that the provisions of section 10-211, Number of Retail Alcoholic Beverage Licenses, must be met and will not allow for the transfer of a convention trade area 3:00 a.m. closing permit.

Legislation History
DateMinutesDescription
11/16/2007 Filed by the Clerk's office
11/20/2007 Referred to Public Safety and Neighborhoods Committee
11/28/2007 Hold On Agenda (12/5/2007)
12/5/2007 Do Pass as a Second Committee Substitute
12/6/2007 Assigned Third Read Calendar as Substituted
12/13/2007 Passed As Second Substitute

View Attachments
FileTypeSizeDescription
071254.pdf Authenticated 84K Authenticated
10-263 - Transfer of Location.xls Fact Sheet 451K 10-263 - Transfer of Location

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 071254

 

Amending Chapter 10, Code of Ordinances, by repealing section 10-263, Transfer of location, and enacting in lieu thereof a new article of like number and subject matter which will require that the provisions of section 10-211, Number of Retail Alcoholic Beverage Licenses, must be met and will not allow for the transfer of a convention trade area 3:00 a.m. closing permit.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 10-263, Transfer of location, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 10-263. Transfer of location.

 

(a)   Application required. A licensee desiring the transfer of an existing original license to a different location shall file a written application for transfer with the director and pay an application fee of $25.00 to the city treasurer to defray the cost of investigation and the application process. The application fee is not refundable. A convention trade area 3:00 a.m. closing permit cannot be transferred to another location. The application for transfer shall:

 

(1) Disclose the name and residential address of the licensee, and current business address.

 

(2) Disclose the address and legal description of the premises to which transfer is sought, together with the name and address of the owner, a complete set of building plans, and a descriptive list of the fixtures in the proposed place of business.

 

(3) Include an affidavit by the licensee that he has not violated any of the provisions of this chapter or of the state liquor laws since the license was granted.

 

(4) Disclose any additional information that the director may require.

 

(b)  Transfer requirements. The applicant for transfer shall comply with all requirements for an original license issued under this chapter at the proposed location. A licensee whose license has been surrendered, canceled or not renewed as a result of the transfer of the real property, where the premises is located, to an entity that has the power of eminent domain, and the licensee files an application for a new license within 12 months from the date of the transfer of the real property shall be exempt from the requirements of section 10-211. The director shall investigate the application to determine whether the applicant has met all the qualifications and requirements for the issuance of a license for the proposed premises.

 

(c) Disapproval of application for transfer. The director may also disapprove an application for transfer of the business of a licensee whenever the licensed business is under citation by the city or the state department of liquor control, and the matter has not yet been fully adjudicated. An applicant for a transfer whose application has been disapproved may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney