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Legislation #: 170123 Introduction Date: 2/16/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing Sections 10-104, Sunday licenses, 10-106, Extended hours permits, 10-214, Consents required, and 10-215, consents not required, and enacting in lieu thereof new sections of like number and subject matter which clean up and condense the consent requirement into one section.

Legislation History
DateMinutesDescription
2/14/2017 Filed by the Clerk's office
2/16/2017 Referred to Neighborhoods and Public Safety Committee
2/22/2017 Hold On Agenda (3/1/2017)
3/1/2017 Hold On Agenda (3/8/2017)
3/8/2017 Hold On Agenda (3/22/2017)
3/22/2017 Do Pass as a Committee Substitute
3/23/2017 Assigned Third Read Calendar as Substituted
3/30/2017 Passed as Substituted

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170123 Fact Sheet.pdf Fact Sheet 135K 170123 fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170123

 

Amending Chapter 10, Code of Ordinances, by repealing Sections 10-104, Sunday licenses, 10-106, Extended hours permits, 10-214, Consents required, and 10-215, consents not required, and enacting in lieu thereof new sections of like number and subject matter which clean up and condense the consent requirement into one section.

 

WHEREAS, the consent requirement language is long and cumbersome and therefore needs to be confined to just one section of the ordinance; and

 

WHEREAS, the subsection within the consent requirement that allows owners of not less than 50 percent of the property parcels located within 350 feet of a proposed premises to ask for a hearing before the director if they question whether the permit will be in the best interests of the locality involved is ineffective and redundant as Section 10-62 allows any eligible consenter to ask for a hearing before the Liquor Control Board of Review regarding an application that has been approved by the director; 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, 10-106, Extended hours permits, 10-214, Consents required, and 10-215, consents not required, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 10-104. Sunday licenses.

 

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(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. The consent requirement as outlined in section 10-214 of this chapter must be met in order to receive a Sunday license.

 

(b) 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. 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. and 12:00 midnight on Sunday.

 

Sec. 10-106. Extended hours permits.

 

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(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 they meet the consent requirement as outlined in section 10-214 with the exception that a minimum of 30 eligible property parcels within a radius of a minimum of 500 feet is required, and:

 

a. The applicant's 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 1.5 drivable miles 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 100 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 $125,000.00 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 $125,000.00 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 of this chapter. Any convention hotel or motel or business that has a current convention trade area 3:00 a.m. closing permit that does not meet the requirement of having annual gross sales equal to or greater than $125,000.00 at the time their 3:00 a.m. permit is up for renewal after the ordinance from which this section derives has passed will have one year thereafter to fulfill the $125,000.00 annual gross sales requirement.

 

c. A convention hotel or motel that has a current convention trade area 3:00 a.m. closing permit but has fewer than 100 transient guestrooms or a business that has a current convention trade area 3:00 a.m. closing permit which is located more than 1.5 drivable miles from a convention hotel or motel will be allowed to maintain its convention trade area 3:00 a.m. closing permit as long as all other requirements of this chapter have been met.

 

(2) 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.

 

(3) 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 $125,000.00 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) Temporary 3:00 a.m. closing permit—Eligibility.

 

(1) A temporary 3:00 a.m. closing permit, authorized by RSMo § 311.088, 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. within one 24-hour period if they meet the consent requirement as outlined in section 10-214 with the exception that a minimum of 30 eligible property parcels within a radius of a minimum of 500 feet is required. Any licensee that is granted a temporary 3:00 a.m. closing permit shall only be authorized to receive up to six such special permits in a calendar year.

(2) Package sales. No retail licensee holding a temporary 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.

 

(c) 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 they meet the consent requirement as outlined in section 10-214 with the exception that a minimum of 30 eligible property parcels within a radius of a minimum of 500 feet is required, and:

 

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 applicant's 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.

 

Sec. 10-214. Consents required.

 

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(a) Consent of neighboring property owners.

 

(1) In the: (1) Crossroads Area which is defined as being bounded by Truman Road on the north, Troost Avenue on the east, the Kansas City Terminal Railway tracks on the south and by Interstate 35 on the West herein referred to as the "Crossroads Area" and (2) the Historic West Bottoms Area which is defined as being bounded by and beginning at the intersection of the west city limit and the south bank of the Missouri River, thence south along the west boundary of the city limit to the intersection with the north right-of-way line of 25th Street, thence east along the north right of way line of 25th Street to the intersection with the west right-of-way line of Allen Road, thence generally north along the west right-of-way line of Allen Road to the intersection with the west right-of-way line of Holly Avenue, thence north along the west right-of-way line of Holly Avenue to the intersection with the west right-of-way of Beardsley Road, thence north along the west right-of-way line of Beardsley Road to the intersection with the north right-of-way line of 6th Street, thence east along the north right-of-way line of 6th Street to the intersection with the west right-of-way of Broadway Avenue, thence north along the west right-of-way line of Broadway Avenue to the intersection with the south bank of the Missouri River, thence west along the south bank of the Missouri River to the point of beginning herein referred to as the "Historic West Bottoms Area", no sales-by-drink, C.O.L. or sales-by-package 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 eligible 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. For any premises that does not either intersect or include the boundaries of a minimum of 15 eligible property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1,500 feet until the premises is intersected by or within the boundaries of a minimum of 15 eligible property parcels. No more than 35 percent of the eligible property parcels included in the consent radius shall be comprised of property parcels that are owned by the same person, as person is defined in this chapter, or owned by an entity in which the same person has a majority ownership interest therein. If the same person, or an entity in which the same person has a majority ownership interest therein, owns multiple parcels within the boundaries of the consent radius, only those property parcels located within the closest proximity to the proposed premises, which account for 35 percent of the total eligible property parcels, will be included in the consent radius. If after reviewing the ownership of the eligible property parcels some of the property parcels are determined to no longer be eligible to consent because they are owned by the same owner as defined above, the eligible property parcels shall be increased based on the incremental radius defined above to reach the minimum 15 eligible property parcel requirement. The center of the door for the main entrance to the premises shall be determined by the entrance most used by the public frequenting 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 and that no eligible consenter or tenant of an eligible consenter has received, either directly or indirectly, anything of value which may include but is not limited to any gift, compensation, loan, favor, privilege, service, courtesy or otherwise, in exchange for their consent. The consent requirement provided in this section shall apply to:

 

a. Any new premises;

 

b. Any premises that was previously licensed unless not required in section 10-269 of this chapter;

 

c. The expansion of any licensed premises;

 

d. Notwithstanding any other section of this chapter, any previously licensed or permitted premise where the license or permit was revoked;

 

e. Any licensed premises, including but not limited to a restaurant, tavern, hotel, bowling alley, grocery store or convenience store that changes the type of business that was originally approved by the director;

 

f. Any premises intending to provide live entertainment as outlined in section 10-332 of this chapter; and

 

g. Any change in ownership of a licensed premises unless not required in section 10-266 of this chapter.

 

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. An eligible consenter who originally gave their consent for a liquor license may withdraw their consent but only during the consent period by notifying the director in writing stating their desire to withdraw their consent. 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 total of two consents 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 eligible property parcel entitled to a total of three 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 eligible property parcel entitled to a total of four 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 the proper form from a tenant of the property owner under the following conditions:

 

1. The tenancy is for a term not less than one year; and

 

2. 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

 

3. 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 and the proposed type of entertainment. The notification shall also include 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 and 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, the director will accept the signed consent of the tenant.

 

(2) With the exception of the areas outlined in subsection (a)(1) of this section, no sales-by-drink, C.O.L. or sales-by-package 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 eligible 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. For any premises that does not either intersect or include the boundaries of a minimum of 15 eligible property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1,500 feet until the premises is intersected by or within the boundaries of a minimum of 15 eligible 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 frequenting 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 and that no eligible consenter or tenant of an eligible consenter has received, either directly or indirectly, anything of value which may include but is not limited to any gift, compensation, loan, favor, privilege, service, courtesy or otherwise, in exchange for their consent. The consent requirement provided in this section shall apply to:

 

a. Any new premises;

 

b. Any premises that was previously licensed unless not required in section 120-269 of this chapter;

 

c. The expansion of any licensed premises;

 

d. Notwithstanding any other section of this chapter, any previously licensed or permitted premise where the license or permit was revoked;

 

e. Any licensed premises, including but not limited to a restaurant, tavern, hotel, bowling alley, grocery store or convenience store that changes the type of business that was originally approved by the director;

 

f. Any premises intending to provide live entertainment as outlined in section 10-332 of this chapter; and

 

g. Any change in ownership of a licensed premises unless not required in section 10-266 of this chapter.

 

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. An eligible consenter who originally gave their consent for a liquor license may withdraw their consent but only during the consent period by notifying the director in writing stating their desire to withdraw their consent. 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. The tenancy is for a term not less than one year; and

 

2. 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

 

3. 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 and the proposed type of entertainment. The notification shall also include 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 and 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, the director will accept the signed consent of the tenant.

 

(b) Notification of application. The director shall mail written notification of the filing 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 the consent radius as determined. 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 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 not issue consent forms to the applicant until three days have passed from the date the director mails the written notification of application to the eligible consenters and the appropriate registered neighborhood associations.

 

(c) 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. Any consent form that has been submitted from an eligible consenter or tenant of an eligible consenter who has received, either directly or indirectly, anything of value which may include but is not limited to compensation, gift, loan, favor, privilege, service, courtesy or otherwise, in exchange for their consent will become null and void and therefore will not be accepted.

 

(d) The radius of 250 feet provided in subsection (a) of this section shall be increased to 500 feet for sales-by-package alcoholic beverage licenses for malt beverages having an alcohol content not in excess of five percent by weight in the original package if the applicant invokes the exemption from the density provisions contained in section 10-211(2)d of this chapter.

 

(e) 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 two times within a 12-month period unless 12 months have passed from the date of the most recent denial by the director or withdrawal by an applicant of an application.

Sec. 10-215. Consents not required.

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(a) No signed consents as required by section 10-214 shall be required for the following:

 

(1) Restaurants, office buildings, or high-density office building. If the proposed premises is in a dining room, restaurant, lounge of any hotel or motel or a high-density office building, and provided the location therein in which alcoholic beverages are to be sold and served is wholly enclosed with no entrance thereto except from within the building, and no window or other display or sign is used for advertisement, a sales-by-drink or C.O.L. license may be issued for the premises without the consents set out in section 10-214, but all other requirements of this division shall apply to the premises.

 

(2) Private or country club. If a country clubhouse or any other clubhouse is located in connection with a subdivision or community development and on property at least three and one-half acres in size.

 

(3) Central city area. Any proposed premises to be located within an area bounded by I-70 on the north and east, Crosstown Freeway on the south and a line 160 feet west of the east section line of Section 6, Township 49, Range 33 (said section line being the approximate center of Broadway Boulevard) on the west, then no written consents shall be required as provided for in section 10-214, provided that all other requirements of this chapter have been fulfilled.

 

(4) Any proposed premises located wholly within the following described location: The east and west sides of N.W. Prairie View Road, north of N.W. Barry Road extending north to Missouri Highway 152, on the north and south sides of N.W. Prairie View Road, west of the intersection of Interstate 29 and Highway 152 extending west to N. Congress Avenue, and at the southwest corner of Highway 152 and N. Congress Avenue.

 

(5) Any proposed premises located wholly within the following described location: That area bounded by Tiffany Springs Road on the north, Interstate 29 on the west, Missouri Highway 152 on the south and N. Ambassador Drive on the east.

 

(6) Any proposed restaurant or retail sales-by-package premise located wholly within the following described location: That area bounded by, including and beginning from the intersecting point of the block face frontage of the east side of Blue Ridge Boulevard and East Bannister Road, thence west along East Bannister Road to the intersecting point of Hillcrest Road, thence west along and including the block face frontage of the south side of east Bannister Road to the intersecting point of Hickman Mills Drive, thence northwest along Hickman Mills Drive to the intersecting point of Blue River Road, thence northeast along Blue River Road to the intersecting point of East 87th Street, thence east along and including the block face frontage of the north side of East 87th Street to the intersecting point of the Kansas City Southern Railroad tracks, thence south along the Kansas City Southern Railroad tracks to the intersecting point of East 93rd Street, thence east along East 93rd Street to the intersecting point of and including the block face frontage of the east side of Old Santa Fe Road, thence south along the block face frontage of the east side of Old Santa Fe Road to the intersecting point of and including the block face frontage of the east side of Blue Ridge Boulevard, thence south along the block face frontage of the east side of Blue Ridge Boulevard to the intersecting point of East Bannister Road.

 

(7) The renewal of an existing sales-by-drink, C.O.L. or sales-by-package alcoholic beverage license or permit, provided that all other requirements of this chapter are fulfilled.

 

(b) If a license or permit is not renewed or ceases to fulfill all other requirements of this chapter and expires, then an application for a new license or permit for the previously licensed premises shall be required to fulfill all conditions of this chapter for an original license or permit.

 

(c) If a license or permit issued under this chapter has been revoked, then an eligible applicant may apply for a new license or permit for the premises where a license or permit has been revoked and shall be required to fulfill all conditions of this chapter for an original license or permit and the provisions outlined in this section shall not apply.

 

_____________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Lana K. Torczon

Assistant City Attorney