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.
________________________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney