ORDINANCE NO. 091034
Amending Chapter 10, Code of
Ordinances, by repealing Section 10-211, Number of retail alcoholic beverage
licenses, and enacting in lieu thereof a new section of like number and subject
matter which creates an additional area exemption for retail sales-by-package
licenses.
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
10-211, Number of retail alcoholic beverage licenses, and enacting in lieu
thereof a new section of like number and subject matter, to read as follows:
Sec. 10-211. Number of retail alcoholic beverage licenses.
The number of alcoholic beverage licenses
issued by the director shall be limited on the following basis:
(1) Retail
sales-by-drink licenses. For those certain real properties that abut the right
of way of Chouteau Traffic way from the intersection with the north right of
way line of Northeast Parvin Road on the south to the intersection with the
south right of way line of Russell Road on the north, two retail sale-by-drink
licenses may be issued for population of zero to 1,500, and one additional
sale-by-drink license may be issued for each additional 1,500 population which
exceeds the first 1,500 population, contained within the entire boundaries of
any United States census blocks located in the city, and which census blocks
are located wholly within or intersected by a 3,000-foot radius from a proposed
licensed premises, as measured from the center of the door for the main
entrance to the premises. For all other census blocks located in the city, one
retail sales-by-drink license may be issued for population of zero to 1,500,
and one additional retail sales-by-drink license may be issued for each
additional 1,500 population which exceeds the first 1,500 population, contained
within the entire boundaries of any United States census blocks located in the
city, and which census blocks are located wholly within or intersected by a
3,000-foot radius from a proposed licensed premises, as measured from the
center of the door for the main entrance to the premises. The center of the
door for the main entrance to the premises shall be determined by the entrance
naturally used by the public frequenting the establishment who shall furnish to
the director 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. The limitations provided in
this section shall not apply to:
a. 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.
b. 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
director, 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 and consumed on the premises for the 90-day period
immediately following the date of the issuance of the license, and thereafter
for the 12-month period immediately preceding November 1 of each year. The
statements shall be filed within 15 days after the expiration of the 90-day
period and with each annual renewal application. Upon proper and sufficient
evidence submitted to the director, the director shall summarily cancel or
refuse to renew the license upon the failure of the licensed premises for a
period of one year after issuance or renewal of the license to maintain an
average of 50 percent or more of its total gross receipts in sales of prepared
meals and food made and consumed on the premises. Cancellation as provided in
this subsection by the director of any license issued under this subsection
shall not be deemed a revocation and shall not disqualify the licensee from
applying for and receiving any license granted under the provisions of this
chapter. The cancellation shall be appealable to the board in the manner set
forth in section 10-62(b) of this chapter.
c. Sales-by-drink
premises located wholly within the following described locations:
(i) That area
bounded by, including and beginning from the intersecting point of the block
face frontage of the west side of Broadway Boulevard and including the block
face frontage of I-70 on the north, thence east along the block face frontage
of I-70 on the north to the intersecting point of and including the block face
frontage of the east side of Cherry Avenue, thence south along the block face
frontage of the east side of Cherry Avenue to the intersecting point of and
including the block face frontage of the south side of 8th Street, thence east
along the block face frontage of the south side of 8th Street to the
intersecting point of and including the block face frontage of the east side of
Holmes Avenue, thence south along the block face frontage of the east side of
Holmes Avenue to the intersecting point of and including the block face
frontage of the south side of 24th Street, thence west along the block face
frontage of the south side of 24th Street to the intersecting point of and
including the block face frontage of the west side of Broadway Boulevard,
thence north along the block face frontage of the west side of Broadway
Boulevard to the intersecting point of and including the block face frontage of
the west side of Broadway Boulevard and the block face frontage of I-70 on the
north and that area bounded by and including the block face frontage of the north
side of 17th Street Terrace, the east side of Woodland Avenue, the south side
of 19th Street and the west side of Paseo Boulevard and that area bounded by
and beginning at the intersection of the west city limit and the south bank of
the Missouri River, thence south along the west boundary of the city limit to
the intersection with the north right of way line of 25th Street, thence east
along the north right of way line of 25th Street to the intersection with the
west right of way line of Allen Road, thence generally north along the west
right of way line of Allen Road to the intersection with the west right of way
line of Holly Avenue, thence north along the west right of way line of Holly
Avenue to the intersection with the west right of way line of Beardsley Road,
thence north along the west right of way line of Beardsley Road to the
intersection with the north right of way line of 6th Street, thence east along
the north right of way line of 6th Street to the intersection with the west
right of way of Broadway Avenue, thence north along the west right of way line
of Broadway Avenue to the intersection with the south bank of the Missouri
River, thence west along the south bank of the Missouri River to the point of
beginning.
(ii) The east and
west sides of N.W. Prairie View Road, north of N.W. Barry Road extending north
to Missouri Highway 152, on the north and south sides of N.W. Prairie View
Road, west of the intersection of Interstate 29 and Highway 152 extending west
to N. Congress Avenue, and at the southwest corner of Highway 152 and N.
Congress Avenue.
(iii) The area
bounded by Guinotte Avenue on the south, North Montgall Avenue on the west,
Rochester Avenue on the north and North Chestnut Traffic way on the east.
(iv) That area bounded by Tiffany Springs Road on the
north, Interstate 29 on the west, Missouri Highway 152 on the south and N.
Ambassador Drive on the east.
(2) Retail
sales-by-package licenses. For any retail sales-by-package license located
within the entire boundaries of any United States census blocks located within
3,000-feet of the city limits of Kansas City, Missouri, two retail
sale-by-package licenses may be issued for population of zero to 1,500, and one
additional sale-by-package license may be issued for each additional 1,500
population which exceeds the first 1,500 population, contained within the
entire boundaries of any United States census blocks located in the city, and
which census blocks are located wholly within or intersected by a 3,000-foot
radius from a proposed licensed premises, as measured from the center of the
door for the main entrance to the premises. For all other census blocks located
in the city, that do not abut the city limit lines as described above, one
retail sale-by-package license may be issued for population of zero to 1,500,
and one additional sale-by-package license may be issued for each additional
1,500 population which exceeds the first 1,500 population, contained within the
entire boundaries of any United States census blocks located in the city, and
which census blocks are located wholly within or intersected by a 3,000-foot
radius from a proposed licensed premises, as measured from the center of the
door for the main entrance to the premises. The center of the door for the main
entrance to the premises shall be determined by the entrance naturally used by
the public frequenting the establishment who shall furnish to the director 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. The limitations provided in this section shall
not apply to:
a. Retail
sales-by-package premises with not less than 20,000 square feet of sales
display area within a building and an average of 80 percent or more of its
total gross receipts from non alcoholic sales. The licensee of a retail
sales-by-package premises granted a license under this subsection shall file
with the director, 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 inventory exclusive of alcoholic beverages made on the premises for the
90-day period immediately following the date of the original issuance of the
license, and thereafter for the 12-month period immediately preceding May 1 of
each year. The statements shall be filed within 15 days after the expiration of
the 90-day period and with each annual renewal application for a retail
sales-by-package license. Upon proper and sufficient evidence submitted to the
director, the director shall summarily cancel or refuse to renew the license
upon the failure of the licensed premises for a period of 1 year after original
issuance or renewal of the license to maintain not less than 20,000 square feet
of sale display area within a building; or upon the failure to maintain an
average of 80 percent or more of its gross receipts from sales of inventory
excluding alcoholic beverages. Cancellation as provided in this subsection by
the director of any license issued under this subsection shall not be deemed a
revocation and shall not disqualify the licensee from applying for and
receiving any license granted under the provisions of this chapter. The
cancellation shall be appealable to the board in the manner set forth in
section 10-62(b) of this chapter.
b. Sales-by-package
premises located wholly within the following described locations:
(i) 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 west side of the Heart of America
Bridge, thence south along the block face frontage of the west side of the
Heart America Bridge to the intersecting point of and including the block face
frontage of the north side of I-70 on the north, thence east along the block
face frontage of the north side of I-70 on the north to the intersecting point
of and including the block face frontage of the east side of Cherry Avenue,
thence south along the block face frontage of the east side of Cherry Avenue to
the intersecting point of and including the block face frontage of the south
side of 8th Street, thence east along the block face frontage of the south side
of 8th Street to the intersecting point of and including the block face
frontage of the east side of Holmes Avenue, thence south along the block face
frontage of the east side of Holmes Avenue to the intersecting point of and
including the block face frontage of the south side of 24th Street, thence west
along the block face frontage of the south side of 24th Street to the
intersecting point of and including the block face frontage of the west side of
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.
(ii) That area
bounded by Forester Road on the north, Mulberry Street on the east, St. Louis
Avenue on the south and Hickory Street on the west.
(iii) The east and
west sides of N.W. Prairie View Road, north of N.W. Barry Road extending north
to Missouri Highway 152, on the north and south sides of N.W. Prairie View
Road, west of the intersection of Interstate 29 and Highway 152 extending west
to N. Congress Avenue, and at the southwest corner of Highway 152 and N.
Congress Avenue.
(iv) That area
bounded by Tiffany Springs Road on the north, Interstate 29 on the west,
Missouri Highway 152 on the south and N. Ambassador Drive on the east.
(v) That area
bounded by 79th Street on the north, State Line Road on the west, 81st Street
on the south and Ward Parkway on the east.
c. Sales-by-package
premises for the sale of malt liquor or nonintoxicating beer in the original
package if the premises is located so that no residentially zoned property is
within a radius of 600 feet from the premises as measured from the center of
the door for the main entrance to the premises, and 80 percent or more of the
gross sales on the premises are nonalcoholic beverage sales, and the applicant
furnishes to the director, signed consents from the owners of a majority of
property parcels under the provisions of section 10-214 of this chapter,
provided that the applicable radius to determine eligible consenters for this
exemption from the requirements of this section shall be 500 feet.
(3) The
determination of population contained within the entire boundaries of any
United States census blocks located in the city, and which census blocks are
located wholly within or intersected by a 3,000-foot radius as measured from
the center of the door of the main entrance of a proposed sales-by-drink or
sales-by-package premises, shall be made by adding the total population as
determined by the most recent U.S. Decennial Census or, at the applicants
choice, by requesting from the City Planning and Development Department of
Kansas City, Missouri, the Kansas City Population Update Report prepared and
signed by the City’s Planning and Development Department to determine
population that is contained within the entire boundaries of each such United
States census block. The determination of the number of licenses of a specific
category located within the entire boundaries of any United States census
blocks located in the city, and which census blocks are located wholly within
or intersected by a 3,000-foot radius as measured from the center of the door
of the main entrance of a proposed sales-by-drink or sales-by-package premises,
shall be made by adding the total number of such licenses located within the
entire boundaries of each such United States census block, but excluding those
licenses exempted under (1)a., (1)b., and (2)a., located within the entire
boundaries of each such United States census block. In connection with any
application for a new license regulated under this section, for the purposes of
determining the number of licenses in the categories regulated under this
section, contained within the entire boundaries of any United States census
blocks located in the city, and which census blocks are located wholly within
or intersected by a 3,000-foot radius from a proposed licensed premises, as
measured from the center of the door for the main entrance to the premises, all
such city licenses existing at the time of the determination by the director,
whether serving a suspension, under an order of nonrenewal, under an order of
suspension or revocation, or under investigation for, subject to or charged
with disqualification from holding a license or a violation of the provisions
of this chapter, shall be included in the calculation unless the nonrenewal or
revocation is final with all rights of appeal foreclosed.
(4) 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, those licenses, if they meet all other requirements, shall be entitled
to renewal on an annual basis. If a license is not renewed or ceases to fulfill
all other requirements of this chapter and is thereafter terminated or canceled
or expires, then an application for a new license for the previously licensed
premises shall be required to fulfill all conditions of this chapter for an
original license, including but not limited to the provisions of section 10-211
limiting the number of licenses. Additional licenses in a category shall not be
issued until the time as the respective population ratios as calculated and
determined under this section exceed the populations provided herein. A new
license in a category, if the application meets all other requirements of this
chapter, may be issued for a vacancy created by bona fide purchase or transfer
of a license to a new premises located in a census block wholly within or
intersected by a 3,000-foot radius from the existing licensed premises, as
measured from the center of the door for the main entrance to the premises, so
long as an application for a new license is filed within 12 months from the
date of bona fide purchase or transfer. A licensee whose license has been
surrendered, canceled or not renewed as a result of the transfer of the real
property where the premises are located to an entity that has the power of
eminent domain, and who 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 this section with respect to a new location, but the licensee
shall meet all other requirements of this chapter. For the purposes of this
chapter, the center of the door for the main entrance to the premises shall be
determined by the entrance naturally used by the public frequenting the
establishment who shall furnish to the city 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.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney