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Legislation #: 130656 Introduction Date: 8/29/2013
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SHARP AND COUNCILMEMBER TAYLOR
Title: Amending Chapter 10, Code of Ordinances, by repealing Sections 10-104, Sunday licenses, and 10-127, License and permit fees, and enacting in lieu thereof new sections of like number and subject matter which streamlines the requirements of a Sunday liquor license, allows every retail liquor license holder an opportunity to apply for and receive a Sunday liquor license, and updates the consent requirement language to be uniform with all other consent requirement language throughout the chapter.

Legislation History
DateMinutesDescription
8/28/2013 Filed by the Clerk's office
8/29/2013 Referred to Public Safety & Emergency Services Committee
9/4/2013 Do Pass as a Committee Substitute
9/5/2013 Assigned Third Read Calendar as Substituted
9/12/2013 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130656

 

Amending Chapter 10, Code of Ordinances, by repealing Sections 10-104, Sunday licenses, and 10-127, License and permit fees, and enacting in lieu thereof new sections of like number and subject matter which streamlines the requirements of a Sunday liquor license, allows every retail liquor license holder an opportunity to apply for and receive a Sunday liquor license, and updates the consent requirement language to be uniform with all other consent requirement language throughout the chapter.

 

WHEREAS, the Missouri State statutes were amended in August, 2012 to allow all retail liquor license holders to apply for a Sunday license without meeting any additional qualifications; and

 

WHEREAS, City ordinances currently do not allow some liquor license holders the opportunity to receive a Sunday liquor license; NOW, THEREFORE,

 

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 Sections 10-104, Sunday licenses, and 10-127, License and permit fees, and enacting in lieu thereof new sections of like number and subject matter to read as follows:

 

Sec. 10-104. Sunday licenses.

 

(a)    A Sunday license authorizes the licensee to sell alcoholic beverages at retail 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 except, if the licensee holds a valid license or permit pursuant to the provisions of section 10-106, then the licensee may be open for business in accordance with the provisions of the license or permit.

 

(b) Consents required. Unless stated otherwise in section 10-215, no Sunday alcoholic beverage license shall be issued for any premises as further described in this section unless the applicant shall, within 45 days of the filing of the application, furnish to the director, consent forms signed from a majority of eligible consenters as defined in this chapter from a minimum of 15 property parcels as defined by geographic information systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the public works department of the city, wholly within or intersected by a radius of 250 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises except that any parcel of such real estate on which a retail sales-by-drink, C.O.L. or sales-by-package license is situated and any parcel of real estate owned by the city, except park property, shall not be included in the calculation. For any premises that does not either intersect or include the boundaries of a minimum of 15 property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1500 feet until the premises is intersected by or within the boundaries of a minimum of 15 property parcels. The center of the door for the main entrance to the premises shall be determined by the entrance most used by the public visiting the establishment. The applicant must provide a notarized statement that all consent forms submitted to the director are from the property owners or tenants, as described in this section, that have been identified as eligible consenters. The consent requirement provided in this section shall apply to:

 

(1) Any new premises;

 

(2) Any premises adding a Sunday license.

 

(c) An applicant required to submit consents to the director shall furnish with the application 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. If within the initial 45 day period for furnishing consents, an applicant files with the director a written request demonstrating good cause for an extension of time to furnish consents, the director may grant one extension of time for furnishing consents under this section up to an additional 45 days. If an eligible consenter chooses to abstain from giving their consent, they will not be included in the total number of eligible consenters for which the applicant must obtain consents, however, the applicant must furnish a signed consent form from the property owner indicating that they have chosen to abstain from the consent process. For purposes of this section, a condominium as defined in this chapter that has less than five unit owners shall be considered as a single property parcel entitled to a single consent, which consent shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has between five and 15 unit owners shall be considered as a single property parcel entitled to two consents which shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has more than 15 unit owners shall be considered as a single property parcel entitled to three consents which shall be validated only if a majority of the condominium unit owners give their consent. In lieu of a signed consent from an eligible property owner under this section, an applicant may furnish and the director shall accept a signed consent in proper form from a tenant of the property owner under the following conditions:

 

(1) That the tenancy is for a term not less than one year; and

 

(2) That applicant shall furnish to the director sufficient proof that the applicant has sent a notification to the eligible consenting owner in a form approved by the director, by U.S. certified mail; and

 

(3) That the notification shall include the date of application, name and address of the applicant, the name and address of the proposed establishment, the type of license applied for, the proposed hours of operation, the proposed type of entertainment, if any, a statement that if the owner does not file an objection with director within 30 days of the date of the certified mailing of the notification, then the director will accept the signed consent of the tenant, the name, address, e-mail address, telephone and facsimile numbers of the director's office and instructions to the property owner for filing an objection to accepting the signed consent of the tenant.

 

(d) Notification of application. The director shall mail written notification of the filing of an application for a license under this section to all eligible consenters identified for the application and owners of property parcels located in Kansas City, Missouri as defined by Geographic Information Systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the public works department of the city, wholly within or intersected by a radius of 350 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. The director shall mail written notification of the filing of an application for a license under this section to all neighborhood associations registered with the city planning and development department whose boundaries are wholly within or intersected by a radius of 500 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. The director will mail consent forms to the applicant at the same time the director mails the written notification of application to the eligible consenters and the appropriate registered neighborhood associations.

 

(e) Form of consent. Consents required under the provisions of this section shall be in writing on a form provided by the director and shall contain a statement that the person signing is a bona fide eligible consenter under the provisions of this section.

 

(f) Hearing. If within 45 days of the filing of an application for a retail sales-by-drink, C.O.L. or sales-by-package license, the owners of not less than 50 percent of the property parcels wholly within or intersected by a radius of 350 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises file with the director a petition requesting a hearing before the director on whether the issuance of the license or sales permit will be in the best interests of the locality involved, then the director shall notify the applicant and property owners of the date, time and place of a hearing to determine the issue based on the factors set forth in section 10-241of this chapter. If within the initial 45-day period for furnishing consents, an applicant files with the director a written request demonstrating good cause for an extension of time to furnish consents, and the director has granted the applicant one extension of time for furnishing consents under this section up to an additional 45 days, then the director shall allow the same amount of additional time to file a petition under this subsection.

 

(g) Failure to obtain consents. The director shall not accept an application for a premise where any applicant has failed to successfully complete the consent process, including any withdrawals of an application, two times within a 12-month period unless 12 months have passed from the date of the most recent withdrawal or denial by the director.

 

(h) Sunday License types and requirements.

 

(1) Retail sales by drink Sunday license. A retail sales by drink Sunday license authorizes the licensee to sell the same kinds of alcoholic beverages by the drink as authorized by the license holder’s retail sales by drink license for consumption on the licensed premises between the hours of 9:00 a.m. on Sunday and 12:00 midnight on Sunday.

 

(2) Retail sales by package Sunday license. A retail sales by package Sunday license authorizes the licensee to sell the same kinds of alcoholic beverages as authorized by the license holder’s retail sales by package license between the hours of 9:00 a.m. on Sunday and 12:00 midnight on Sunday.

 

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:

 

Each full sales-by-drink license .....

$450.00 per year

Each malt liquor and light wine sales-by-drink license .....

52.50 per year

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 .....

15.00 per license

Retail sales-by-drink Sunday license .....

300.00 per year

Retail sales by package Sunday license .....

300.00 per year

Each catering permit .....

15.00 for each calendar day, or fraction thereof, for which the permit is issued

Each convention trade area 3:00 a.m. closing permit .....

450.00 per year

Each temporary 3:00 a.m. closing permit .....

75.00 per permit

Each nonprofit organization 6:00 a.m. closing permit .....

450.00 per year

Each Fourth of July celebration temporary malt liquor and light wine sales-by drink permit .....

100.00

Each license for sales-by-drink in common eating and drinking area .....

450.00 per year

Each nonintoxicating beer sales-by-drink license .....

37.50 per year

Each limited 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 .....

15.00

Each festival district temporary permit for a sales by drink license .....

450.00 per year

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 .....

60.00

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 .....

300.00 per year

Each one-day C.O.L. license for dance halls .....

20.00

Each full original package sales license .....

150.00 per year

Each malt liquor original package sales license .....

22.50 per year

Each nonintoxicating beer original package sales license .....

22.50 per year

Each wholesaler's license for sale of alcoholic beverages of all kinds to retailers .....

375.00 per year

Each wholesaler's license for sale of alcoholic beverages not in excess of 22 percent of alcohol by weight to retailers .....

150.00 per year.

Each wholesaler's license for sale of malt liquor containing not in excess of 5 percent of alcohol by weight or nonintoxicating beer to retailers .....

75.00 per year

Each wholesaler's license for sale of nonintoxicating beer to retailers .....

75.00 per year

Each wholesaler's license for sale of alcoholic beverages of all kinds to wholesalers .....

375.00 per year

Each wholesaler's license for sale of alcoholic beverages not in excess of 22 percent of alcohol by weight to wholesalers .....

150.00 per year

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 .....

75.00 per year

Each manufacturer's license to manufacture, distill or blend alcoholic beverages of all kinds .....

300.00 per year

Each manufacturer's license to manufacture alcoholic beverages containing alcohol not in excess of 22 percent by weight .....

150.00 per year

Each manufacturer's license to manufacture malt liquor .....

300.00 per year

Each microbrewery license .....

375.00 per year

Each manufacturer's license to manufacture nonintoxicating beer .....

375.00 per year

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney