ORDINANCE NO. 090764
Amending Chapter 10, Code of
Ordinances, by repealing Section 10-127, License and permit fees, and enacting
in lieu thereof a new section of like number and subject matter which allows a
promotional association the opportunity to apply for and receive a festival
district temporary permit for the sale of alcoholic beverages by the drink, and
adding a new Section 10-139, Festival district temporary permit for sales by
drink license.
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 10-127, License and permit fees, and enacting in
lieu thereof a new section of like number and subject matter, to read as
follows:
Sec. 10-127. License and
permit fees.
The following
fees shall be paid to the city treasurer before the respective license or
permit prescribed in this section is issued:
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Each full sales-by-drink
license..........
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$450.00 per year
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Each malt liquor and light wine
sales-by-drink license..........
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52.50 per year
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Each limited malt liquor, light
wine or nonintoxicating beer sales-by-drink license for consumption on the
premises where sold issued to any church, school, civic, service, fraternity,
veteran, political or charitable club or organization for a picnic, bazaar,
fair or similar gathering..........
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15.00 per license
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Tavern Sunday
license..........
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900.00 per year
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Every other Sunday
license..........
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300.00 per year
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Each catering
permit..........
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15.00 for each calendar day, or
fraction thereof, for which the permit is issued
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Each convention trade area 3:00
a.m. closing permit..........
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450.00 per year
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Each nonprofit organization 6:00
a.m. closing permit..........
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450.00 per year
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Each Fourth of July celebration
temporary malt liquor and light wine sales-by drink permit..........
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100.00
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Each license for sales-by-drink in
common eating and drinking area..........
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450.00 per year
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Each nonintoxicating beer
sales-by-drink license..........
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37.50 per year
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Each limited nonintoxicating beer
sales-by-drink license for the sale of nonintoxicating beer for consumption
on the premises where sold by any church, school, civic, service, fraternity,
veteran, political or charitable club or organization at a picnic, bazaar,
fair or similar gathering..........
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15.00
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Each festival district temporary
permit for a sales by drink license
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450.00 per year
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Each C.O.L. consumption of
alcoholic beverages license for clubs, organizations or associations which
are private and nonprofit, where either food, beverages or entertainment are
provided for compensation in the form of dues, fees or special assessments..........
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60.00
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Each C.O.L. license for commercial
establishments or establishments which are commercial in nature, where either
food, beverages or entertainment are provided for compensation of any
kind..........
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300.00 per year
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Each one-day C.O.L. license for
dance halls..........
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20.00
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Each full original package sales
license..........
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150.00 per year
|
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Each malt liquor original package
sales license..........
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22.50 per year
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Each nonintoxicating beer original
package sales license..........
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22.50 per year
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Each wholesaler's license for sale
of alcoholic beverages of all kinds to retailers..........
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375.00 per year
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Each wholesaler's license for sale
of alcoholic beverages not in excess of 22 percent of alcohol by weight to
retailers..........
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150.00 per year.
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Each wholesaler's license for sale
of malt liquor or nonintoxicating beer containing not in excess of 5 percent
of alcohol by weight to retailers..........
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75.00 per year
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Each wholesaler's license for sale
of nonintoxicating beer to retailers..........
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75.00 per year
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Each wholesaler's license for sale
of alcoholic beverages of all kinds to wholesalers..........
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375.00 per year
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Each wholesaler's license for sale
of alcoholic beverages not in excess of 22 percent of alcohol by weight to
wholesalers..........
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150.00 per year
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Each wholesaler's license for sale
of malt liquor containing not in excess of 5 percent of alcohol by weight or
nonintoxicating beer to wholesalers..........
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75.00 per year
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Each manufacturer's license to
manufacture, distill or blend alcoholic beverages of all
kinds..........
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300.00 per year
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Each manufacturer's license for
manufacture of alcoholic beverages containing alcohol not in excess of 22
percent by weight..........
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150.00 per year
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Each manufacturer's license for
manufacture of malt liquor..........
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300.00 per year
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Each microbrewery
license..........
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375.00 per year
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Each manufacturer's license to
manufacture nonintoxicating beer..........
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375.00 per year
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Section 2. That
Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by adding a new Section 10-139, Festival district temporary permit for
sales by drink license, to read as follows:
Sec. 10-139. Festival
district temporary permit for sales by drink license.
(a)
After obtaining the approvals as described in
this section, a permit for the sale of intoxicating liquor and nonintoxicating
beer for consumption on premises where sold and to conduct specified festival
events shall be issued by the director to any festival district that includes
three or more businesses that are licensed bars, nightclubs, restaurants, or
other entertainment venues and a common area that is closed to vehicle traffic,
provided that the permit is held by a promotional association. A "promotional
association" is defined as an entity formed by property owners who own or
operate fifty percent or more of the square feet of bars, nightclubs,
restaurants, and other entertainment venues located within the proposed
festival district.
(b) The promotional association
shall obtain a permit from the director if the promotional association submits
a plan to the governing body of the city and such a plan receives approval from
the city governing body. The plan submitted shall include the legal description
of the district and the common area within which such festivals shall be held,
the name and address and responsible person for each business participating in
the promotional association, the specific calendar of events for the district
which shall not exceed twenty-four such events annually and shall include the
dates and times of any such events, a description of the proposed festival
activities including any proposed public street closures if applicable, proof
of adequate insurance, a detailed description of security for any proposed
festivals which shall be provided at the sole expense of the promotional
association. Such detailed description of security shall be approved by the
city police department and the director prior to the plan being approved by the
city. Each event on the calendar shall not exceed forty-eight hours in
length. No more than two events shall be held in any calendar month.
(c) Prior to approving the plan, the director shall notify all
property owners in the proposed district and within five hundred feet of such
district's boundaries. The director shall hold a public hearing at least thirty
days after providing such notice to obtain public views and comments on the
issue. The director shall not approve any plan unless the promotional
association has obtained written approval from at least fifty percent of the
property owners within the district and within one hundred eighty-five feet of
its borders. If the written approvals required under this section are obtained
and the director approves the plan, the promotional association may conduct the
events described in the plan and may sell liquor for consumption within the
district common areas. Such liquor sales may only occur between 9:00 a.m. and
1:00 a.m. In addition, for no more than ten twenty-four hour periods in a
year, such promotional association may permit customers to leave an
establishment within the district after purchasing an alcoholic beverage and
consume the beverage in the district common areas or another licensed
establishment within the district. All containers allowed to be removed from
an establishment shall be marked with the name or logo of the establishment
where it was purchased. No person shall be allowed to take any alcoholic
beverage outside the boundaries of the festival district.
(d) If participating in a
promotional association event, every bar, nightclub, restaurant, promotional
association, or other entertainment venue that serves alcoholic beverages
within the festival district shall use disposable paper, plastic, or foam cups
or other light-weight containers for all alcoholic beverages that the bar,
nightclub, restaurant, promotional association, or other entertainment venue
sells within the festival district boundaries for consumption in the district
common area.
(e) Minors shall not be allowed to enter the festival district
during a festival event that serves liquor.
(f) The holder of the permit is solely responsible for any
alcohol violations occurring within the common areas. If a promotional
association is found to be responsible for any violation of this chapter at
three separate events, then such promotional association shall not seek
approval for subsequent plans without the prior written consent of the
director. The promotional association's then current plan shall be deemed
terminated, and the businesses participating in the promotional association's
events shall not participate in activities permitted by subsection c of this
section without prior written consent from the director.
(g) The provisions of this section shall expire two years after
the effective date of this section.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney