ORDINANCE NO. 030952

Amending Chapter 10, Code of Ordinances, by repealing Section 10-104, Sunday licenses, 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, is hereby amended by repealing Section 10-104, Sunday licenses, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

Sec. 10-104. Sunday licenses.

A Sunday license authorizes the licensee to sell all kinds of alcoholic beverages by the drink for consumption on the licensed premises under the conditions and during the hours herein specified on Sunday in addition to the legal hours and days set out in section 10-333.

1. Restaurant-bar Sunday license.

a. A restaurant-bar Sunday license may be issued to applicants holding sections 10-102 and 10-103 sales-by-drink licenses whose premises qualify as a restaurant-bar as defined in section 10-1.

b. Every applicant for a restaurant-bar Sunday license shall furnish the director, in addition to the application, a notarized statement signed by the applicant showing that at least 50 percent of the gross income for the year immediately preceding was derived from the sale of prepared meals or food consumed on the premises. An applicant who has not been in business 1 year but has been in business at least 90 days immediately preceding the application, shall furnish a notarized statement signed by the applicant showing that at least 50 percent of the gross income during the 90-day period was derived from the sale of prepared meals or food consumed on the premises; provided, however, that the director may waive the 90-day period for a new business if requested by the applicant and the request is supported by documentation that the business will produce 50 percent or more of its gross income from prepared meals or food consumed on the premises. If this waiver is granted, the applicant, after 90 days of operation, shall produce proof that the sales percentage required has been satisfied, and, if not, the restaurant-bar Sunday license will be canceled by the director without refund. The cancellation shall be appealable to the board in the manner set forth in section 10-62(b) of this chapter.

c. Any licensee who has been issued a restaurant-bar Sunday licenses pursuant to this section may remain open and sell alcoholic beverages for consumption

on the licensed premises between the hours of 11:00 a.m. on Sunday and 12:00 midnight on Sunday. A restaurant-bar Sunday licensee holding caterers' permits issued pursuant to section 10-105 may cater a function, occasion or event on Sunday during the hours which a restaurant-bar Sunday licensee may lawfully dispense intoxicating liquors.

d. Any licensee who has been issued a restaurant-bar Sunday license pursuant to this section, whose premises is located on the grounds of a sports stadium used primarily for professional sporting events may sell alcoholic beverages by the drink at retail for consumption on the premises between the hours of 8:00 a.m. on Sunday and 12:00 midnight on Sunday.

(2) Bowling alley Sunday license.

a. A bowling alley Sunday license authorizes the licensee holding sections 10-102 and 10-103 sales-by-drink licenses whose premises qualify as an amusement place as defined in section 10-104(b)(2)b to remain open and sell alcoholic beverages for consumption on the licensed premises between the hours of 1:00 p.m. on Sunday and 12:00 midnight on Sunday.

b. As used in this subsection, the term "amusement place" means any establishment whose business building contains a square footage of at least 10,000 square feet, and where games of skill commonly known as bowling are usually played, and which has annual gross receipts of at least $200,000.00.

c. Every applicant for a bowling alley Sunday licenses shall furnish the director, in addition to the application, a notarized statement signed by the applicant showing that applicant's annual gross receipts exceed $200,000.00 and that not more than 50 percent of the gross income for the year immediately preceding was derived from the sale of alcoholic beverages. An applicant who has not been in business at least 90 days immediately preceding the application may be issued a temporary 90-day bowling alley Sunday license by the director if the applicant furnishes to the director a notarized statement signed by the applicant showing a projection of annual business from game participation of at least 50 percent of a total gross business of at least $200,000.00 for the first year of operation. If a temporary license is issued, the applicant, after 90 days of operation, shall produce proof that the sales percentage required has been satisfied, and, if not, the bowling alley Sunday license will be canceled without refund. The cancellation shall be appealable to the board in the manner set forth in section 10-62(b) of this chapter.

d. Nothing in this section shall be construed to permit the licensee of a bowling alley to sell intoxicating liquor, malt liquor or non-intoxicating beer for off-premises consumption.

e. Nothing in this section shall be construed to amend or repeal the regulation of alcoholic beverages in the players' and spectators' areas of bowling establishments provided for in section 12-6(5).

(3) Common eating and drinking area Sunday license. A common eating and drinking area Sunday license authorizes the licensee holding a section 10-108 license not for consumption on the premises where sold but for consumption in a common eating and drinking area, as described in the application for the license, to remain open and sell alcoholic beverages between the hours of 1:00 p.m. on Sunday and 12:00 midnight on Sunday.

(4) Nonprofit organization Sunday license.

a. A nonprofit organization Sunday license authorizes the licensee to remain open and sell alcoholic beverages for consumption on the premises only between the hours of 11:00 a.m. on Sunday and 12:00 midnight on Sunday.

b. Every applicant for a nonprofit organization Sunday license must qualify as a charitable, fraternal, religious, service or veterans' organization which has obtained an exemption from the payment of federal income taxes and must meet the other requirements of RSMo 311.090(2) and must be qualified to conduct business in the state and must be either chartered or operating for a period of not less than one year prior to the date of application.

c. Admission to a nonprofit organization premises when intoxicating liquors will be dispensed under this section shall be limited to enrolled and dues-paying members, and their guests, but only if the guest or guests are accompanied by a member. A register containing the names and dates of admission of all admitted guests shall be maintained and available to inspection by the director or his agents at all times during the hours provided by this section and at other reasonable times.

(5) Place of entertainment Sunday license. A place of entertainment Sunday license authorizes the licensee to remain open and sell alcoholic beverages for consumption on the premises between the hours of 11:00 a.m. on Sunday and 12:00 midnight on Sunday.

(6) Full package sales Sunday license. A full package sales Sunday license authorizes the licensee to remain open and sell alcoholic beverages between the hours of 11:00 a.m. on Sunday and 12:00 midnight on Sunday.

(7) Airline Club Sunday license. An establishment meeting the requirements of chapter 311 RSMo for an Airline Club is eligible for a city Airline Club Sunday license that authorizes the licensee to remain open and sell alcoholic beverages for consumption on the premises between the hours of 11:00 a.m. on Sunday and 12:00 midnight on Sunday.

(8) Kansas City Sports Stadiums. Notwithstanding any other provisions of this chapter to the contrary, any restaurant bar licensed under the provisions of this section which is located on the grounds of a sports stadium primarily used for professional sporting events may sell intoxicating liquor by the drink at retail for consumption within the premises of the restaurant bar on Sunday between the hours of 8:00 a.m. and midnight.

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Approved as to form and legality:

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Assistant City Attorney