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Legislation #: 141012 Introduction Date: 12/4/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SHARP AND COUNCILMEMBER TAYLOR
Title: Amending Chapter 10, Code of Ordinances, by adding a new Section 10-269, Change in ownership of previously licensed premise, that will allow an applicant to submit an application for a previously licensed business within a set amount of time to be processed in the same manner as an application for a change of ownership of a currently licensed premise.

Legislation History
DateMinutesDescription
12/3/2014 Filed by the Clerk's office
12/4/2014 Referred to Public Safety & Emergency Services Committee
12/10/2014 Advance and Do Pass as a Committee Substitute, Debate
12/11/2014 Councilmember Glover (Second by Wagner) Move To Re-refer
12/11/2014 Referred to Public Safety & Emergency Services Committee
12/17/2014 Advance and Do Pass as Second Committee Substitute, Debate
12/18/2014 Passed As Second Substitute

View Attachments
FileTypeSizeDescription
141012.pdf Authenticated 224K Authenticated
141012 2d cs to cs-com.pdf Advertise Notice 66K Second CS Compared Version
10-269 - Change of ownership of previously licensed business - 10-2-2014.pdf Compared Version 79K 10-269 - Compared Version

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 141012

 

Amending Chapter 10, Code of Ordinances, by adding a new Section 10-269, Change in ownership of previously licensed premise, that will allow an applicant to submit an application for a previously licensed business within a set amount of time to be processed in the same manner as an application for a change of ownership of a currently licensed premise.

 

WHEREAS, there have been liquor licensees in the past who decided to cease operation of their liquor licensed business at a particular location which resulted in the building no longer being able to be operated as a liquor licensed business because density would not allow for a new liquor business at the location even though a new applicant proposed to operate the exact same type of liquor business; and

 

WHEREAS, a property owner should have a reasonable opportunity to continue to allow the same type of liquor licensed business to operate at a location where a liquor licensed business was previously licensed; 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 adding a new Section 10-269, Change in ownership of previously licensed premise, to read as follows:

 

Sec. 10-269. Change in ownership of previously licensed premise.

 

(a)    Any person may apply for and receive the same type of liquor license or permit for a business that was previously licensed under this chapter provided the new business will be located at the previously licensed premise, and:

 

(1)               The application is submitted within one year of the date the licensee surrendered the liquor license or permit, or;

 

(2)               The application is submitted within one year of the date the liquor license or permit becomes null or void, or;

 

(3)               The application is submitted within one year of the date of expiration of the liquor license or permit at the previously licensed premise.

 

A liquor license for a change in ownership of a previously licensed business will only be issued if the applicant submits a deed of ownership or a current lease stating the applicant can legally operate a business at the previously licensed premise and submits documentation that the previous licensee no longer has a legal right to operate or be on the property.

 

(b)   The application form and process for a change in ownership of a previously licensed business licensed under this chapter shall follow all of the provisions contained in this chapter that apply to an application for an original license which include successful completion of the mandatory six month probation period. However, the requirements that pertain to density and distance from churches and schools shall not apply so long as the business under the new owner(s) will be operated in the same previously licensed premise.

 

(c)    The requirements that pertain to consents, as outlined in section 10-214 of this chapter, shall not apply to a change in ownership of a previously licensed business as long as the new business meets the following requirements:

 

(1)               The type of business, including but not limited to a restaurant, tavern, hotel, bowling alley, grocery store, or convenience store that was approved by the director remains the same; and

 

(2)               The classification of liquor license(s), as outlined in article III of this chapter, remains the same as the liquor license(s) that were previously on the premises; and

 

(3) The type of live entertainment remains the same as the type of live entertainment that was approved by the director at the previously licensed premise.

 

(d) If upon investigation, the director verifies and is satisfied with the information presented, and if the applicant for the new license has complied with and met all of the applicable requirements of this chapter and the state statutes, then the director may issue a license or permit to the applicant.

 

(e) The director may refuse to approve or may delay the approval of an application if the applicant is under citation by the city or by the State of Missouri Division of Alcohol and Tobacco Control, if an alleged violation or matter has not yet been finally adjudicated, if the applicant is under an administrative suspension or revocation ordered by the State of Missouri Division of Alcohol and Tobacco Control or the city's director or board, if the existing business or if the applicant or any person as defined in this chapter or such a person’s immediate family member that has ownership interest in the new business has had multiple citations for violations of Missouri state statutes or city ordinances involving alcoholic beverages within the past five years, or if the applicant is not eligible under the provisions of this chapter. If the director disapproves the application, then the applicant may file a written request for a hearing before the board in the manner provided in Section 10-62(a) of this chapter.

 

(f) Any application or request for approval which is incomplete for a period of 90 days after the date of filing with the director may be disapproved by the director and the applicant may file a written request for a hearing before the board in the manner provided in Section 10-62(a) of this chapter.

 

_____________________________________________

 

Approved as to form and legality:

 

___________________________________

Kathy Adams

Assistant City Attorney