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Legislation #: 090724 Introduction Date: 8/27/2009
Type: Ordinance Effective Date: 9/20/2009
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing sections 10-241, criteria for issuance of license, and 10-261, renewals, and enacting in lieu thereof new sections of like number and subject matter which changes whether a licensed premises is within any residentially zoned district from 250 feet to 1000 feet.

Legislation History
DateMinutesDescription
8/17/2009 Filed by the Clerk's office
8/27/2009 Referred to Public Safety and Neighborhoods Committee
9/2/2009 Do Pass
9/3/2009 Assigned to Third Read Calendar
9/10/2009 Passed

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ORDINANCE NO. 090724

 

Amending Chapter 10, Code of Ordinances, by repealing Sections 10-241, Criteria for issuance of license, and 10-261, Renewals, and enacting in lieu thereof new sections of like number and subject matter which changes whether a licensed premises is within any residentially zoned district from 250 feet to 1000 feet.

 

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 10-241, Criteria for issuance of license, and 10-261, Renewals, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 10-241.  Criteria for issuance of license.

 

(a)   In considering whether to approve or disapprove an application for any license or sales permit under this chapter, the director shall determine whether the applicant is qualified and meets all requirements for the license or sales permit and the director shall determine whether the approval of the license or sales permit will be in the best interests of the locality involved.

 

(b)   In making the determination of whether the approval of the license or sales permit will be in the best interests of the locality involved, the director shall consider:

 

(1)    The number, density and types of licenses or permits within 3,000 feet of the proposed premises for which a license is applied for, and the type of license or permit applied for.

 

(2)    The type of business or commercial uses within 3,000 feet of the proposed premises and the general character and intensity of uses permitted by the zoning ordinance within the area.

 

(3)    The number of adult bookstores, adult entertainment facilities, bathhouses, massage shops and modeling studios, as defined in the zoning ordinance, within 3,000 feet of the proposed premises.

 

(4)    Whether the proposed premises are within 1000 feet of any residentially zoned district, and, if so, whether the proposed licensed or permitted operation would cause a nuisance to or change in character of the residential area. In this context the director shall consider exterior lighting, noise, traffic and parking associated with the proposed premises or its patrons, as well as any other relevant characteristic of the proposed facility. For purposes of this chapter, the term "residentially zoned district" shall be defined as districts R-1, RA, R-2, R-3, R-4, R-4-O, R-5, R-5-O, R-6, GP-7, GP-6, GP-5, GP-4, GPA, GPR-1 and GPR-2.

 

(5)    The type of entertainment, if any, proposed for the licensed premises, and whether the entertainment would be compatible with or detrimental to the locality involved.

 

(6)    Other factors which, due to the character of the licensed premises or of the locality involved, would be relevant to whether issuance of the license or permit would be in the best interest of the locality involved.

 

(7)    The unique character of the business, convention and entertainment areas that are bounded by I-70 on the north, Holmes Avenue on the east, Broadway Boulevard on the west, and 24th Street on the south, and that area bounded by 17th Street Terrace on the north, Woodland Avenue on the east, 18th Street on the south and Paseo Boulevard on the west.

 

(c)   The director may request any department or agency of the city to provide data, information, opinions or recommendations which will assist them in reviewing any application for a license. By way of example, and not as a limitation, the director may request the following departments to provide him with the following information concerning the proposed premises:

 

(1)    Public works department:  Traffic flow, location of curb cuts for parking lots, and parking availability surveys. 

 

(2)    City development department:  Impact upon the community, neighborhood, surrounding environs, adopted area plans and comprehensive plans or development projects in the area. 

 

(3)    Fire department:  Access for emergency vehicles and safety of the proposed location. 

 

(4)    Police department:  Potential impact of crime, disturbances and traffic related to density or location of licensed establishments upon nearby residential or commercial neighborhoods. 

 

(5)    Health department:  Adverse impact upon the health, safety and general welfare. 

 

(6)    Parks and recreation department:  Impact upon parks, boulevards or community centers within the vicinity. 

 

(7)    Codes administration department:  Applicable building codes, parking requirements and zoning restrictions. 

 

(d)   The provisions of this section shall apply to any new application for any classification of license as well as any application for transfer of location of the license.

Sec. 10-261.  Renewals.

 

(a)   Renewal period, notification, filing dates and termination of license due to failure to renew.  The license period for retail or wholesale sale of alcoholic beverages and C.O.L. licenses and permits will be for a period of one year beginning and ending on dates determined by the director. Renewal notification will be sent to licensees 90 days prior to the date of expiration. The completed renewal application is due 30 days prior to the expiration date of the current license and no sales of alcoholic beverages shall be allowed on the premises after the expiration date of the license or permit. Failure to apply for a renewal of a liquor license or permit within 120 days of the expiration date shall render the expired license null and void. An application for renewal of a liquor license or permit received within 120 days of the license expiration date may be considered by the director for approval up to 180 days after the expiration of the license. 

 

(b)   Proper parties to file application.  In the case of a business owned by an individual, the renewal application shall be filed by the actual owner. In the case of a partnership, separate applications shall be filed by each member of the partnership. In the case of a limited liability company, the renewal application shall be filed by either the managing officer of the business or any member of the limited liability company. In the case of a corporation, the renewal application shall be filed by either the managing officer of the business or a corporate officer of the corporation. 

 

(c)   Contents of application.  A renewal application shall disclose by affidavit, on a form provided by the director, the following information, along with any other information the director deems necessary: 

 

(1)    The name and address of the owners of the business at the date of filing. If the business is owned by a partnership, then the application shall include the names and addresses of all partners. If the business is owned in whole or in part by a limited liability company then the application shall include the names and addresses of all members of the company. If the business is owned in whole or in part by a corporation, the application shall include the names and addresses of the corporate officers and directors, and all stockholders if the total number of stockholders is less than 15, or, if there are more than 15 stockholders in the corporation, then the applicant shall furnish the names and addresses of all stockholders who hold 10 percent or more of the capital stock and the percentage of stock held by each such stockholder.

 

(2)    The financial status of the business, including all loans, notes, chattels, mortgages and any and all other outstanding obligations, and the balance due thereon, except current alcoholic beverage bills, or other current bills, for merchandise incidental to the operation of the business for which the license is sought.

 

(3)    The banks with which the licensee is doing any business, and the signed consent by the licensee for the director or his authorized representatives to examine any and all business bank accounts, records and other data pertaining to the licensed business.

 

(4)    The names and addresses of any persons who have contributed any money to, have loaned any money to, or have had any investments in the licensed business during the preceding year. The applicant shall further state the amounts received from those persons, the purpose for which the money was used, and any outstanding obligations and the balance due thereon.

 

(5)    Whether the applicant has borrowed or accepted money and a statement that the applicant will not to borrow or accept money in the future from any wholesale supplier of alcoholic beverages or any supplier of coin-operated commercial, manual or mechanical amusement devices, or the employees, officers or agents thereof, or from any owner of coin-operated commercial, manual or mechanical amusement devices on or about the licensed premises, or from any felon or person who is not of good moral character.

 

(6)    The names and addresses of any and all persons who may be engaged, either directly or indirectly, in any part of the management and control of the licensed business.

 

(7)    Whether the applicant has complied with, during the past year, and will continue to comply with, the provisions of the fair public accommodation sections of chapter 38.

 

(d)   Documentation filed with application.  The following documents shall be filed with applications for renewals: 

 

(1)    If the application is for renewal of a restaurant-bar license, the applicant shall furnish to the director, copies of all city convention and tourism tax returns, showing that at least 50 percent of the gross income of the restaurant-bar for the one year preceding the date of the application was derived from the sale of prepared meals or food consumed on the premises.

 

(2)    If a license has been issued to an applicant who represents at the time of the original application that the licensee has control of parking facilities by ownership, lease or otherwise, and the license was issued relying in part upon that representation, then any renewal application shall include the same or similar representations and proof of control as the director shall require. Loss of parking facilities through no fault of the license holder shall not be cause for denial of renewal.

 

(e)   Disapproval of application to renew.  The director shall disapprove an application for renewal of any license or permit on the following grounds: 

 

(1)    If any renewal application contains information which does not justify renewal;

 

(2)    If the director has other information that the applicant has not met all the other requirements of this chapter;

 

(3)    If the licensee or any employee of the licensee or a permit holder under this chapter is convicted within the current license year in the municipal court of the city or any other court in this state, of 3 or more violations of this chapter; or

 

(4)    If the director has any other information which does not justify renewal.

 

An applicant whose application for renewal of a license or permit has been disapproved may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter. An applicant whose application for renewal of a license or permit has been disapproved may not sell or distribute alcoholic beverages on the premises during the renewal year unless and until (i) the applicant thereafter files a written request for a hearing in the manner provided in section 10-62(a) of this chapter, in which case the disapproval shall be stayed until final adjudication of the matter, except that if one of the reasons for disapproval is the nonpayment of the required license fee set forth in section 10-127 of this chapter or nonpayment of any taxes set forth in section 10-186 of this chapter, then the disapproval shall not be stayed, or (ii) the disapproval has been reversed or set aside by the director, the board or court order.

 

(f)   Considerations for renewal.  In determining whether a renewal application shall be disapproved, the director, or the board, upon appeal, shall consider the following factors: 

 

(1)    Whether the licensee has failed to report a change in ownership in the business or change in management or control of the business that has occurred in the current license year.

 

(2)    Whether the licensed premises are within 1000 feet of any residentially zoned district, whether the licensed or permitted operation has caused a nuisance to or change in character of that residential area. In this context, the director or board shall consider exterior lighting, noise, traffic and parking associated with the operation of the premises, with its patrons or with other persons frequenting the premises.

 

(3)    Whether lewd and indecent conduct, including but not limited to public urination, exhibited by persons frequenting the licensed premises or by the licensee or his employees, servants or agents, has occurred on the licensed premises or in the immediate vicinity thereof.

 

(4)    Whether crimes or city ordinance violations have been committed upon or in the immediate vicinity of the licensed premises by persons frequenting the premises or by the licensee or his employees, servants or agents.

 

(5)    The frequency of disturbances or other incidents upon or in the immediate vicinity of the licensed premises by persons frequenting the premises that have required police presence, response, investigation or other action.

 

(6)    Whether the licensee has allowed or permitted any type of entertainment on or about the licensed premises without application to and written approval by the director.

 

(7)    Whether the type of entertainment approved by the licensed premises has been detrimental to the locality involved, and, if any renewal application proposes to change the type of entertainment for the premises, whether the proposed entertainment would be compatible with or detrimental to the locality involved, considering those other factors delineated in section 10-241.

 

(8)    Whether the sale of illegal drugs or controlled substances or illegal gambling has occurred upon or in the immediate vicinity of the licensed premises by persons frequenting the premises or by the licensee or his employees, servants or agents.

 

(9)    Other factors which, due to the character of the locality or of the licensed premises, would be relevant to the determination of whether renewal of a license or permit would be detrimental to the locality in which the licensed premises are located.

 

(10)    Whether the licensee or permittee has received prior notice of violations of this chapter or of other factors which may not justify renewal.

 

(11)    Whether the licensee or permittee has timely complied with all requirements for and completed the process for renewal of the license.

 

(12)    Whether the licensees premises has changed in size, either through expansion or reduction of square footage, or whether the primary entrance to the establishment has been altered or changed in such a manner as to affect the original radius measurement required for consents.

 

(g)   If a license is not renewed or ceases to fulfill all other requirements of this chapter and is thereafter terminated or canceled or expires, then an application for a new license for the previously licensed premises shall be required to fulfill all conditions of this chapter for an original license, including but not limited to the consent requirements in section 10-214(a) and the provisions of section 10-211 limiting the number of licenses shall apply.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney