SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 070287
Amending Chapter 10, Code of
Ordinances, by repealing Sections 10-1, Definitions, and 10-342.
Sales-by-drink premises; minors, and enacting in lieu thereof new sections of
like number and subject matter.
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 10-1, Definitions, and 10-342. Sales-by-drink
premises; minors, and enacting in lieu thereof new sections of like number and
subject matter, to red as follows:
Sec. 10-1. Definitions.
As used in this
chapter:
Alcohol
beverage vaporizer means any device which, by means of heat, a
vibrating element or any method, is capable of producing a breathable mixture
containing any one or more alcoholic beverages to be dispensed for inhalation
into the lungs via the nose and/or mouth.
Alcoholic beverages means
intoxicating liquor, malt liquor or nonintoxicating beer.
Annual gross
sales means the gross sales shown on the prior year's state sales tax
receipt or the prior year's convention and tourism tax filings or city
occupational license tax receipt for an applicant or licensee.
All-age
Concert means a live musical performance by one or more individuals
playing instruments and or vocalists accompanied by live music to which
admission tickets are sold to the public and is advertised as a performance
which admits persons under the age of 21.
Board means
the liquor control board of review established by the city under this chapter
to conduct regulatory hearings in connection with the administration and
enforcement of the provisions of chapter 10 of the city's Code of
Ordinances.
Caterer means
any establishment whose primary business is the preparation of food and drinks
for consumption away from the licensed premises. A caterer must derive 50
percent or more of its annual gross sales from the sale of prepared meals and
food consumed at other approved premises. For the purposes of determining
whether an establishment qualifies as a caterer under the provisions of this chapter
and calculating the amount and percentage of annual gross sales from the sale
of prepared meals and food, any nonalcoholic components mixed or served in any
alcoholic beverage shall be considered to be part of the alcoholic beverage and
shall not be considered to be prepared meals and food.
Church means
any building or structure regularly and primarily used as a place of worship by
any organized religious society, organization or congregation, regardless of
whether or not the building or structure was originally designed and
constructed for that purpose.
Closed place means
a premises licensed under this chapter where all doors are locked and where no
customers are in or about the premises.
Coin-or-currency-operated
amusement device means pinball machines, marble machines,
music-vending machines, pool tables or machines, coin-operated shuffleboards
and any other device operated by the insertion of a coin, currency, disc or
other insertion piece, whether or not also manipulated by the operator, and
which operate for the amusement of the operator, whether or not by registering
a score. It shall not include "slot machines," "claw
machines," or other machines prohibited by state law. It shall not include
machines or devices used bona fide and solely for the vending of service, food,
confections or merchandise.
C.O.L.
license means a license for the consumption of alcoholic beverages in
or upon a premises which does not possess a license for the sale of alcoholic
beverages and where food, beverages or entertainment are sold or provided for
compensation as provided in RSMo 311.480.
Commissioner
means the Commissioner of Revenue of Kansas City, Missouri, or person
authorized and designated by the commissioner.
Concert venue
means any establishment used for the presentation of live musical performances,
pre-advertised to the public including pre-event tickets sales available
through third party ticket vendors, and where total ticket sales exceed
$100,000.00 per year.
Condominium means
real estate, portions of which are designated for separate ownership and the
remainder of which is designated for common ownership solely by the owners of
those portions. Real estate is not a condominium unless the undivided interests
in the common elements are vested in the unit owners.
Convention
hotel or motel means any hotel or motel containing not less than 50
transient guestrooms, having a meeting room or similar facility with a seating
capacity of not less than 50 persons and having a restaurant on the
premises.
Customer means
any person not an employee who enters or remains upon a licensed premises with
actual or implied permission of the licensee or a person who purchases or
otherwise partakes of any merchandise, goods, entertainment or other services
offered upon the premises.
Dancer means
any person performing a semi-nude dance, or who performs a dance for any
customers upon the premises of an establishment that allows semi-nude
dancing.
Director unless
otherwise described, means the director of neighborhood and community services,
or a person designated by the director.
Dwelling
means any place that is used regularly or irregularly as a place of repose,
sleep, rest or any place containing a bed, cot, divan, couch or any other
article of furniture on which an adult person may recline. However, this shall
not include any premises used as a hotel, motel, or hotel room.
Eligible
consenter means an owner of property in the city which is wholly
within or intersected by a specified radius from a proposed premises and
allowed to consent to the location of the premises as set forth in this chapter
and shall include the board of parks and recreation commissioners with respect
to park property under its jurisdiction, but with respect to all other property
owned by the city, or property owned by the federal government, the state, and
political subdivisions of the state, the city, the federal government, the
state, and political subdivisions of the state shall not be considered an
eligible consenter and the property shall not be included in calculating the
number of required consents.
Employee means
and includes an agent or servant, and shall be construed to mean every person
working for or performing services on behalf of the licensee during actual or
scheduled work hours.
High density
office building means an office building used exclusively for the
administrative functions of business firms, professional groups or societies,
or any combination of those organizations, under the conditions of section
80-90 of the Code of Ordinances.
Intoxicating
liquor or liquor means alcohol for beverage purposes, alcoholic,
spirituous, vinous, fermented, malt or other liquors or combination of liquors,
a part of which is spirituous, vinous or fermented, and all preparation or
mixtures for beverage purposes containing in excess of 3.2 percent of alcohol
by weight.
Licensee
means the holder of any licenses issued under the provisions of this
chapter.
Location means
the property parcel upon which a licensed premises is situated.
Malt liquor
means any beer or other malt beverage manufactured from pure hops or pure
extract of hops, and pure barley malt or other wholesome grains or cereals and
wholesome yeast and pure water, and free from all harmful substances,
preservatives and adulterants, and having an alcoholic content in excess of 3.2
percent by weight, but not in excess of five percent by weight.
Managing
officer means the person(s) designated by the licensee who is in
actual management and control of a business licensed under this chapter, and
who would be eligible as an individual to receive a license for the sale of
alcoholic beverages, and who is a qualified voter of the state.
Microbrewery means
a business whose activity is the brewing and selling of beer, with an annual
production of 10,000 barrels or less.
Nonintoxicating
beer means any beer manufactured from pure hops or pure extract of
hops, and pure barley malt or other wholesome grains or cereals, and wholesome
yeast and pure water, and free from all harmful substances, preservatives and
adulterants, and having an alcoholic content of more than 0.5 percent by
volume, and not exceeding 3.2 percent of alcohol by weight.
Original
license means any license issued under this chapter on an application
for a new license whether or not the proposed premises was previously licensed
under this chapter but shall not mean a renewal license.
Original
package means any package containing three or more standard bottles
or cans of malt liquor or nonintoxicating beer, a package containing 50
milliliters (1.7 ounces) or more of spirituous liquor and a package containing
100 milliliters (2.4 ounces) or more of vinous liquor in the manufacturer's
original container. A standard bottle or can is any bottle or can containing 12
ounces or less of malt liquor or nonintoxicating beer.
Permittee means
the holder of an employee's permit, issued under the provisions of this
chapter.
Person
means an individual, partnership, club or association, firm, limited liability
company or corporation, unless the context requires a contrary
interpretation.
Place of
Amusement means any establishment whose primary business is to offer
games of skill or sport, such as bowling alleys and golf courses.
Place of
entertainment means any establishment which has occupancy capacity for
at least 300 customers, annual gross sales in excess of $250,000.00, and has
been in operation for at least one year.
Premises
means the bounds of the enclosure where alcoholic beverages are permitted to be
sold, stored or consumed under the authority of this chapter.
Restaurant-bar means
any establishment having a restaurant or similar facility on the premises which
derives 50 percent or more of its annual gross sales from the sale of prepared
meals and food made and consumed on the premises, or which has an annual gross
sales of at least $200,000.00 from the sale of prepared meals and food consumed
on the premises. For the purposes of determining whether an establishment
qualifies as a restaurant-bar under the provisions of this chapter and
calculating the amount and percentage of annual gross sales from the sale of
prepared meals and food, any nonalcoholic components mixed or served in any
alcoholic beverage shall be considered to be part of the alcoholic beverage and
shall not be considered to be prepared meals and food.
School
means any building, including any outside area regularly used as a play or
assembly area, which is regularly used as a public, private or parochial
school, elementary school or high school, college, university, professional
school, business or secretarial school.
Semi-nude
dance means any live exhibition, performance or dance by a person or
persons in a state of dress in which opaque clothing covers no more than the
areola of the female breast, the genitals or pubic region and anus, as well as
portions of the body covered by straps or strings supporting that
clothing.
Substantial
quantities of food means the amount of prepared meals and food
wherefrom at least 50 percent of the gross income of an establishment has been
derived during the three most recent calendar months preceding. For the
purposes of determining whether substantial quantities of prepared meals and
food constitute at least 50 percent of the gross income of an establishment
under the provisions of this chapter, and calculating the amount and percentage
of annual gross income from the sale of prepared meals or food, any
nonalcoholic components mixed or served in any alcoholic beverage shall be
considered to be part of the alcoholic beverage and shall not be considered to
be prepared meals or food.
Unit means
a physical portion of a condominium designated for separate ownership or
occupancy, the boundaries of which described in the declaration which creates
the condominium.
Unit owner
means a person who owns a condominium unit but does not include a person having
an interest in a unit solely as security for an obligation.
Sec. 10-342. Sales-by-drink
premises; minors.
No
sales-by-drink licensee, nor employee of the licensee, shall permit a person
under 21 years of age to enter or remain upon the licensed premises, except
that this prohibition shall not apply to:
(1) A sales-by-drink licensed premises which
qualifies as a restaurant-bar as defined by section 10-1, so long as no person
is semi-nude or performs semi-nude dance on the premises; or
(2) The employment of minors by a sales-by-drink
licensee as permitted by section 10-339(b)(1) so long as no person is semi-nude
or performs semi-nude dance on the premises; or
(3) A person between 18 and 21 years of age
providing or assisting in providing entertainment upon the licensed premises;
or
(4) A person accompanied by parent or lawful
guardian, so long as no person is semi-nude or performs semi-nude dance on the
premises; or
(5) A sales-by-drink licensed premises affiliated
with and located in a building principally operated as a museum, during the
regular hours of museum operation, so long as no person is semi-nude or
performs semi-nude dance on the premises. Nothing contained in this subsection
shall authorize a licensee to operate a sales-by-drink premises contrary to the
other provisions of this chapter; or
(6) A sales-by-drink licensed premises meeting the definition of
a concert venue, so long as no person is semi-nude or performs semi-nude dance
on the premises and all of the following are met:
a. A
security compliance plan on file with the Director, and
b. All persons attending the event are required to be identified
by a nontransferable marking or device indicating that they are under the age
of 21 and/or 21 and older, and
c. Other requirements as determined by the Director as needed to
maintain public safety.
(7) A sales-by-drink licensed premises whose total alcohol is no
greater than 50 percent of total gross sales for the establishment, such as
golf courses, bowling alleys, and theaters, so long as no person is semi-nude
or performs semi-nude on the premises.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney