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Legislation #: 100003 Introduction Date: 1/7/2010
Type: Ordinance Effective Date: 4/25/2010
Sponsor: COUNCILMEMBERS SHARP, GOTTSTEIN, FORD, CIRCO, RILEY, CURLS AND FUNKHOUSER
Title: Amending Chapter 10, Code of Ordinances, by repealing sections 10-291, Generally, 10-292, Temporary employee liquor permit for special event, and 10-373, Employment of minors, and enacting in lieu thereof new sections of like numbers and subject matters which eliminates a lifetime ban on all felony convictions for which a person is not eligible to receive a liquor permit and states specific felony convictions that would prohibit a person from obtaining an employee liquor permit.

Legislation History
DateMinutesDescription
12/29/2009 Filed by the Clerk's office
1/7/2010 Referred to Public Safety and Neighborhoods Committee
1/13/2010 Hold Off Agenda
4/7/2010 Do Pass as a Committee Substitute
4/8/2010 Assigned Third Read Calendar as Substituted
4/15/2010 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 100003

 

Amending Chapter 10, Code of Ordinances, by repealing sections 10-291, Generally, 10-292, Temporary employee liquor permit for special event, and 10-373, Employment of minors, and enacting in lieu thereof new sections of like numbers and subject matters which eliminates a lifetime ban on all felony convictions for which a person is not eligible to receive a liquor permit and states specific felony convictions that would prohibit a person from obtaining an employee liquor permit.

 

WHEREAS, the City has been given authority to regulate the sale of liquor within the City limits; and

 

WHEREAS, the City recognizes it is in the best interest of its citizens to issue employee liquor permits to qualified applicants by minimizing the risk to its citizens and the patrons of liquor establishments; and

 

WHEREAS, the City has determined that it is necessary for the protection of the health, safety and welfare of its citizens to regulate the issuance of employee liquor permits to convicted felons for the sale of liquor; 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 10-291, Generally, 10-292, Temporary employee liquor permit for special event, and 10-373, Employment of minors, and enacting in lieu thereof new sections of like numbers and subject matters, to read as follows:

 

Sec. 10-291.  Generally.

 

(a)   No person shall be issued an employee liquor permit by the director unless the person is at least 21 years of age, except as otherwise provided by section 10-373. An employee liquor permit shall not be issued to any person who: 

 

(1)               Is a dangerous offender, persistent sexual offender or predatory sexual offender or has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state) for murder, voluntary manslaughter, forcible rape, forcible sodomy, kidnapping, false imprisonment, first degree child molestation, second degree child molestation, sexual abuse or an attempt to commit any of the preceding crimes or an offense of a similar nature in other states as determined by the director.

 

(2)    Is otherwise disqualified by state statutes or by the Code of State Regulations for employment on the licensed premises of an alcoholic beverage establishment.

 

(3)    Within eight years of the date of application has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state) or has been released from confinement for a felony conviction, whichever is latest, involving a crime against a person or an offense of a similar nature in other states as determined by the director.

 

(4)    Within four years of the date of application has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state) or has been released from confinement for a felony conviction., whichever is latest, involving a crime against property, sale or possession of controlled substances or illegal drugs or narcotics, intent to distribute controlled substances or illegal drugs or narcotics, DUI or an offense of a similar nature in other states as determined by the director.

 

(5)    Has been issued an alcoholic beverage license or permit from this or any other city or state that is currently suspended, or that has been revoked within 5 years immediately preceding the application.

 

(b)   Application.  Each application for an employee liquor permit shall be filed with the director on a form supplied by the director and shall be signed by the applicant. The application shall include: 

 

(1)    The applicant's complete name, home address, home telephone number, date of birth, and motor vehicle operator's license or other identification number.

 

(2)    The applicant's height, weight, color of eyes, color of hair, and sex.

 

(3)    A statement by the applicant affirming whether he or she is a convicted felon.

 

(4)    A statement by the applicant of whether or not he or she has held an alcoholic beverage license or employee permit, and, if so, when and by what state or city the license or permit was issued, and whether or not any such license or permit has ever been suspended, revoked or disqualified, and, if suspended, revoked or disqualified, when and for what reason.

 

(5)    An authorization signed by the applicant allowing law enforcement and probation and parole agencies to release criminal record information concerning the applicant.

 

(6)    The applicant's criminal history record.

 

(7)    A photograph of the applicant, to be taken by the director or his agents.

 

(8)    A non-refundable application fee will be paid by the applicant to defray the cost of the application process and the required background check.

 

(c)   Issuance.  If the applicant meets the requirements of this section and this chapter, the director shall issue an employee liquor permit to the applicant which shall be valid for three years from the date of issuance. Upon expiration of the permit, the applicant may obtain a new permit in the same manner as provided in this section. 

 

(d)   Form of permit.  Each employee liquor permit shall bear the physical description and photograph of the applicant and shall be laminated or be in a form, otherwise approved by the director, to prevent alteration. 

 

(e)   Invalidation, suspension or revocation.  If any person who has been issued and holds an employee liquor permit shall be found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state), as described in subsection (a), the permit shall be void. If any permittee shall violate or contribute to the violation of any of the provisions of this chapter, the director may file a request for hearing before the board in the manner provided in section 10-62(b) of this chapter to consider whether the permit should be suspended or revoked. 

 

(f)   Employment of felons.  A retail licensee may employ a person convicted of any felony, as described in subsection (a), unrelated to the manufacture or sale of intoxicating liquor, so long as the felon does not directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages as defined in section 10-5 of this chapter. Any retail licensee who employs a felon, as described in subsection (a), shall report the identity of that person to the director within 10 days of the person's employment, and shall notify the director within ten days of the person's leaving the licensee's employment, using forms provided by the director for that purpose. 

 

(g)   Possession and exhibition.  While directly participating in the retail sale, service, delivery or dispensation of alcoholic beverages, any person holding an employee liquor permit under the provisions of this section shall be required to have the permit in his or her possession, and the permit shall be exhibited to the director or the director's agents or to any officer of the city police department upon demand. Failure of any person to exhibit an employee liquor permit as required by this subsection shall be prima facie evidence that the person does not hold a permit.

 

Sec. 10-292.  Temporary employee liquor permit for special event.

 

(a)   Temporary employee permit.  A temporary employee liquor permit may be issued by the director to a person qualified under this section to directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages at a special event. The term "directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages," as used in this section, shall include accepting delivery of, stocking, arranging displays of, delivering, taking orders for, accepting payment for, mixing, serving or assisting in mixing or serving alcoholic beverages. A temporary employee liquor permit may be issued by the director to a person qualified under this section to act in the capacity of, but not limited to, bar manager, bartender, waiter, waitress, cashier, sales clerk, stock person or doorman, or other person responsible for checking identification cards to determine age. The issuance of a temporary employee liquor permit is subject to the following conditions: 

 

(1)    A temporary employee liquor permit shall be valid for one calendar day.

 

(2)    A temporary employee liquor permit may be issued to a qualified person only seven times in a single calendar year.

 

(3)    A temporary employee liquor permit may only be issued to a person for services performed for a nonprofit purpose or event which may include performing services for a nonprofit fraternal or church social function, or performing services as a volunteer for a licensee which provides charitable donations to a nonprofit fraternal or church organization.

 

(b)   Eligibility.  No person shall be issued a temporary employee permit by the director unless the person is at least 21 years of age, except as otherwise provided by section 10-373. No person shall be issued a temporary employee liquor permit if the person has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state), as described in section 10-291, is otherwise disqualified by state statutes or by the code of state regulations for employment on the licensed premises of an alcoholic beverage establishment, or has been issued an alcoholic beverage license or permit from this or any other city or state that is currently suspended, or that has been revoked within five years immediately preceding the application. 

 

(c)   Application.  All applications for a temporary employee liquor permit shall be filed with the director on a form supplied by the director not later than five business days before the special event, and shall be signed by the applicant. The application shall include: 

 

(1)    The applicant's complete name, home address, home telephone number, date of birth, and motor vehicle operator's license or other identification number.

 

(2)    The applicant's height, weight, color of eyes, color of hair, and sex.

 

(3)    A statement by the applicant affirming whether he or she is a convicted felon.

 

(4)    A statement by the applicant of whether or not he or she has held an alcoholic beverage license or employee liquor permit, and, if so, when and by what state or city the license or permit was issued, and whether or not any such license or permit has ever been suspended, revoked or disqualified, and, if suspended, revoked or disqualified, when and for what reason.

 

(5)    An authorization signed by the applicant allowing law enforcement and probation and parole agencies to release criminal record information concerning the applicant.

 

(6)    An "intent to hire" form, completed and signed by the nonprofit fraternal or church organization by whom the applicant will be employed.

 

(7)    A nonrefundable application fee of $2.00 to be paid to the city treasurer to defray the cost of investigation and the application process.

 

(d)   Issuance.  If the applicant meets the requirements of this section and this chapter, the director shall issue the applicant a temporary employee liquor permit valid for one calendar day. 

 

(e)   Form of permit.  Each temporary employee liquor permit shall bear the name, address and date of birth of the permittee, the name and address of the licensee for whom the temporary employee is working, the location of the premises for the event, the date of the event, the physical description by height, weight, color of hair, color of eyes and gender, and be on the form approved by the director. 

 

(f)   Invalidation, suspension or revocation.  If any person who has been issued and holds a temporary employee liquor permit and has been found guilty of, pleaded guilty to, pleaded nolle contendere to or been convicted of a felony (federal or any state), as described in section 10-291, the permit shall be void. If any permittee shall violate or contribute to the violation of any of the provisions of this chapter, the permittee shall not be eligible for another temporary employee liquor permit for a period of two years. 

 

(g)   Possession and exhibition.  While directly participating in the retail sale, service, delivery or dispensation of alcoholic beverages, any person holding a temporary employee liquor permit under the provisions of this section shall have the permit in his or her possession, and the permit shall be exhibited to the director or the director's agents or to any officer of the city police department upon demand. Failure of any person to exhibit a temporary employee liquor permit as required by this subsection shall be prima facie evidence that the person does not hold a permit.

 

Sec. 10-373.  Employment of minors.

 

Pursuant to RSMo 311.300, 11 CFR 70-2.140 and section 10-332(c), licensees approved by the state supervisor of liquor control may employ minors under the following conditions:

 

(1)    Section 10-102 or 10-103 sales-by-drink and section 10-110 C.O.L. licensees. Persons 18 through 20 years of age may be employed by sales-by-drink or C.O.L. licensees to work on the premises if they do not sell, assist in the sale of, dispense, serve or deliver alcoholic beverages to any person.

 

(2)    Section 10-102 or 10-103 sales-by-drink and section 10-110 C.O.L. restaurant-bar licensees.

 

a.    Persons 18 through 20 years of age may be employed by sales-by-drink or C.O.L. licensees whose premises qualify as a restaurant-bar as defined in section 10-1, to work on the premises as waiters or waitresses. Minors so employed may serve alcoholic beverages and accept payment for alcoholic beverages, but may not mix or serve alcoholic beverages across the bar. Minors who work as a waiter or waitress and serve alcoholic beverages or accept payment for alcoholic beverages must have a valid employee liquor permit in their possession as required under section 10-291.

 

b.    Persons 16 and 17 years of age may be employed by sales-by-drink or C.O.L. restaurant-bar licensees to work on the premises if they do not sell, assist in the sale of, dispense, serve or deliver alcoholic beverages to any person. Licensees employing persons 16 or 17 years of age under this subsection shall, prior to employing the minor, require his or her parents or legal guardian to give their written consent to the employment, in a manner and form approved by the director. In addition to placing the minor's name in the register of employees, the consent and proof of the minor's age shall be maintained on file by the licensee and shall be available for inspection, at any time, by the director or the director's agents or the police department during the minor's term of employment. An authentic birth certificate, hospital birth record, religious record or public school record shall be adequate proof of the minor's age. In an emergency, a minor may be employed, without the required consent, for a period not to exceed 48 hours. Minors employed under the terms of this subsection are not required to obtain employee liquor permits under section 10-291.

 

(3)    Sections 10-112, 10-113 and 10-114 original package sales licensees without 50 percent gross sales of other merchandise. Persons 18 through 20 years of age may be employed by original package licensees without 50 percent gross sales of other merchandise to work on the premises to stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out alcoholic beverages, so long as there is an employee of the licensee, not less than 21 years of age, holding a valid employee permit issued under this chapter, upon the licensed premises during all hours of operation. Minors employed under this subsection may not deliver alcoholic beverages away from the licensed premises. Minors employed under this subsection must have a valid employee liquor permit in their possession as required under section 10-291.

 

(4)    Sections 10-112, 10-113 and 10-114, original package sales licensees with 50 percent of gross sales other merchandise. Persons 18 through 20 years of age may be employed by original package sales licensees to work on the premises to stock, arrange displays, operate the cash register or scanner connected to a cash register, accept payment for and sack for carry-out alcoholic beverages if at least 50 percent of the gross sales made consists of goods, merchandise or commodities other than alcoholic beverages. Minors employed under this subsection may not deliver alcoholic beverages away from the licensed premises. Minors employed under this subsection must have a valid employee liquor permit in their possession as required under section 10-291.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney