ORDINANCE NO. 070928
Amending Chapter 10, Code of
Ordinances, by repealing Sections 10-106, Convention trade area 3:00 a.m.
closing permit, and 10-127, License and permit fees, and enacting in lieu
thereof a new sections of like number and subject matter which reorganizes
sections (a) and b, adds a nonprofit organization 6 a.m. closing permit, and
adds a new license with the cost added.
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 10-106, Convention trade area 3:00 a.m. closing
permit, and 10-127, License and permit fees, and enacting in lieu thereof a new
sections of like number and subject matter, to read as follows:
Sec. 10-106. Extended Hours
Licenses.
(a) Convention
trade area 3:00 a.m. closing permit. Eligibility.
(1) A convention trade area 3:00 a.m. closing permit, authorized
by RSMo 311.174, authorizes the licensee who holds a section 10-102, 10-103,
10-134 or 10-135 sales-by-drink license to remain open between 1:30 am. and
3:00 a.m., if:
a. The applicants business is located within the
convention trade area. Pursuant to RSMo 311.174, the city's convention
trade area is hereby designated as all that territory within the corporate
limits of the city; and
b. The applicant's business is a convention hotel
or motel or the applicant's business is not a convention hotel or motel but is
located not more than one mile as measured from the outside walls of a hotel,
defined as any structure, or building, under one management, which contains
rooms furnished for the accommodation or lodging of guests, with or without
meals being so provided, and kept, used, maintained, advertised or held out to
the public as a place where sleeping accommodations are sought for pay or
compensation by transient guests or permanent guests, and having more than 40
bedrooms furnished for the accommodation of such guests, and the applicant's
annual gross sales at said business for the year immediately preceding the
application for a 3:00 a.m. closing permit equals $100,000.00 or more;
provided, however, that the director may waive the foregoing gross sales
requirement for a business located in the Downtown Economic Entertainment
District if requested by the applicant and the request is supported by
documentation that the business should produce annual gross sales equal to
$100,000.00 or more. If this waiver is granted, the applicant, after 90 days of
operation, shall produce proof that the gross sales for said 90 days of
operation, when projected on an annualized basis by multiplying the gross sales
for the 90 days of operation times four, will be satisfied, and, if not, the
3:00 a.m. closing permit 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.
(2) Unless stated otherwise in section 10-215, the
applicant shall, within 45 days of the filing of the application, furnish to
the director, signed consents from the owners of a majority of property parcels
located in the city, 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 500 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 real estate on which a retail sale-by-drink or C.O.L. license is
situated and any parcel of real estate owned by the city, except park property
under the supervision and control of the Parks and Recreation Board of
Commissioners, shall not be included in the calculation. The center of the door
for the main entrance to the premises shall be determined by the applicant, who
shall furnish to the director 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. For purposes of this section, a condominium as defined in
this chapter shall be considered as a single property parcel entitled to a
single consent, which consent shall be validated if signed by the unit owners
of a majority of the condominium units. 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 that
property owner under the following conditions:
a. That
the tenancy is for a term not less than one year; and
b. That the 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
c. 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 or permit 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, that the director will
accept the signed consent of the tenant, the name, 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.
(3) The director shall provide written notification of
the filing of an application for a license or permit under this section to all
eligible consenters identified for the application and owners of property
parcels located in the city, 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 500 feet from the proposed premises, as measured
from the center of the door for the main entrance to the premises. The director
shall provide written notification of the filing of an application for a
license or permit under this section to all to 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.
(4) 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. Each signature on
a consent shall be verified before a notary public.
(5) Package sales. No retail licensee
holding a convention trade area 3:00 a.m. closing permit pursuant to this
section, nor employee of the licensee, shall sell, give away, otherwise dispose
of or allow the removal from the licensed premises any alcoholic beverages in
the original package or suffer the same to be done on or about the licensed
premises:
a. Between the hours of 1:30 a.m. and 6:00 a.m.
Tuesday through Saturday;
b. Between the hours of 12:00 midnight Sunday and
6:00 a.m. Monday.
(6)
Notwithstanding the limitations contained in subsection (a)(1)(b)
herein, a sales by drink establishment licensed under this chapter located in
that area bounded by and including the block face frontage of the north side of
17th Street Terrace, the east side of Woodland Avenue, the south side of 19th
Street and the west side of Paseo Boulevard that has annual gross sales of
$100,000.00 or more for the year immediately preceding the application for a
3:00 a.m. closing permit and meets all other requirements herein is eligible
for such permit.
(b) Nonprofit
Organization 6:00 a.m. closing permit. Eligibility.
(1) A nonprofit organization 6:00 a.m. closing permit authorized
by RSMo 311.174 authorizes a licensee who holds a section 10-102, 10-103,
10-134 or 10-135 sales-by-drink to remain open between 1:30 a.m. and 6:00 a.m.,
if:
a. The applicant is a nonprofit organization exempt from federal
income taxes under Section 501(C)(7) of the Internal Revenue Code of 1986 as
amended; and
b. The applicant is located in a building designated as a
National Historic Landmark by the United States Department of Interior; and
c. The applicants business is located within the convention
trade area. Pursuant to RSMo 311.174, the city's convention trade area is
hereby designated as all that territory within the corporate limits of the
city.
(2) Unless stated otherwise in section 10-215, the
applicant shall, within 45 days of the filing of the application, furnish to
the director, signed consents from the owners of a majority of property parcels
located in the city, 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 500 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 real estate on which a retail sale-by-drink or C.O.L. license is
situated and any parcel of real estate owned by the city, except park property,
shall not be included in the calculation. The center of the door for the main
entrance to the premises shall be determined by the applicant, who shall
furnish to the director 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. For purposes of this section, a condominium as defined in
this chapter shall be considered as a single property parcel entitled to a
single consent, which consent shall be validated if signed by the unit owners
of a majority of the condominium units. 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 that
property owner under the following conditions:
a. That
the tenancy is for a term not less than one year; and
b. That the 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
c. 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 or permit 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, that the director will
accept the signed consent of the tenant, the name, 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.
(3) The director shall provide written notification of
the filing of an application for a license or permit under this section to all
eligible consenters identified for the application and owners of property
parcels located in the city, 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 500 feet from the proposed premises, as measured
from the center of the door for the main entrance to the premises. The director
shall provide written notification of the filing of an application for a
license or permit under this section to all to 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; and
(4) 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. Each signature on
a consent shall be verified before a notary public.
(5) Package sales. No retail licensee
holding a nonprofit organization 6:00 a.m. closing permit pursuant to this
section, nor employee of the licensee, shall sell, give away, otherwise dispose
of or allow the removal from the licensed premises any alcoholic beverages in
the original package or suffer the same to be done on or about the licensed
premises:
a. Between the hours of 1:30 a.m. and 6:00 a.m.
Tuesday through Saturday;
b. Between the hours of 12:00 midnight Sunday and
6:00 a.m. Monday.
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
|
|
Tavern Sunday license..........
|
900.00 per year
|
|
Every other 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 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 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..........
|
15.00
|
|
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 or nonintoxicating beer containing not in excess of 5 percent
of alcohol by weight 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 for
manufacture of alcoholic beverages containing alcohol not in excess of 22
percent by weight..........
|
150.00 per year
|
|
Each manufacturer's license for
manufacture of malt liquor..........
|
300.00 per year
|
|
Each microbrewery
license..........
|
375.00 per year
|
|
Each manufacturer's license to
manufacture nonintoxicating beer..........
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375.00 per year
|
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney