ORDINANCE NO. 090227
Amending Chapter 10, Code of
Ordinances, by repealing section 10-102, full sales by drink license, section
10-339, employment of and sales by minors and section 10-342, sales-by-drink
premises; minors and enacting in lieu thereof new sections of like number and
subject matter which add a full sales-by-drink specialty license as well as a
malt liquor and light wine sales-by-drink specialty license as well as the
necessary requirements that apply to the sale, possession and employment of
alcoholic beverages and minors.
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 10-102, Full sales by drink license,
10-339, Employment of and sales by minors, and 10-342, Sales-by-drink
premises; minors, enacting in lieu thereof new sections of like number and
subject matter, to read as follows:
Sec. 10-102. Eligibility and requirements for sales by drink license.
(a) A
full sales-by-drink license authorizes the licensee to sell all kinds of
alcoholic beverages by the drink for consumption on the licensed premises and
to sell alcoholic beverages in the original package on the licensed premises.
Each license shall be further classified into one of the sale-by-drink
classifications set forth in this chapter.
(b) Unless
otherwise stated in this section, a sales-by-drink license may only be issued
to a licensee or applicant when liquor-by-drink sales or projected sales are
over 80% of all liquor sales. No sales-by-drink license authorized under
sections 10-102, 10-103, 10-104, 10-105, 10-106, 10-107, 10-108, 10-109, and
10-110 of this chapter, pertaining to sales-by-drink sales, shall be issued for
a premises of the following businesses:
(1) Drugstore.
(2) Cigar
and tobacco store.
(3) Grocery
store.
(4) Convenience-grocery
store.
(5) General
merchandising store.
(6) Confectionery
store.
(7) Any store that sells gasoline, a gasoline
service station, or motor vehicle repair garage.
(c) A
caterer with a full sales-by-drink license authorizes the caterer to sell all
kinds of alcoholic beverages by the drink for consumption away from the
licensed premises at other premises approved by the director. Each license
shall be further classified into one of the sale-by-drink classifications set
forth in this chapter.
(d) A
wine manufacturer may apply for a full sales-by-drink license which authorizes
the licensee to sell all kinds of alcoholic beverages by the drink for
consumption on the premises where sold, if the premises so licensed is in close
proximity to the winery. The licensed premises pursuant to this subsection
shall also be exempt from the provisions of section 10-211 provided that the
licensed premises are located in or upon the premises of a manufacturing
facility and the manufacturing facility produces no less than 10,000 barrels of
any kind of alcohol per annum. Each license shall be further classified into
one of the sale-by-drink classifications set forth in this chapter.
(e) A licensee
holding a current full original package sales license or an applicant who is
eligible under section 10-211(2) of this chapter to receive a full original
package sales license may apply for a sales-by-drink specialty license which
will authorize the licensee to sell alcoholic beverages in the original package
and light wine by the drink for consumption on the premises as long as the
following criteria are met:
(1)
The licensee must follow all sections of the ordinance that apply to a
sales by drink licensed premises as outlined in this chapter; and
(2)
The licensee must meet the consent requirement as outlined in section
10-214 of this chapter; and
(3)
The licensee must derive a minimum of 80% of their total gross sales
from the sale of alcoholic beverages; and
(4)
The only type of alcoholic beverages the licensee is permitted to sell
or serve is light wine by the drink in a serving size not to exceed 5 ounces;
and
(5)
A licensee who has a sales-by-drink specialty license may only derive a
maximum of 20% of their gross alcoholic beverage sales from the sale of light
wine sold by the drink for consumption on the premises; and
(6)
The licensee will not allow any form of entertainment on the premises as
outlined in section 10-332 of this chapter; and
(7)
The licensee will be prohibited from licensing any exterior part of the
premises; and
(8)
The licensee will submit the fees listed in section 10-127 for a full
sales-by-drink license and the corresponding Sunday license before the
sales-by-drink specialty license will be issued.
A licensee that holds a
sales-by-drink specialty license will be treated as a retail sales-by package
license holder under section 10-211(2), for density purposes, of this chapter.
Sec. 10-339. Employment
of and sales by minors.
(a) No
retail licensee, nor employee of the licensee, shall permit any person under 21
years of age to sell or assist in the sale of alcoholic beverages upon the
licensed premises, except that this prohibition shall not apply to:
(1) Sales-by-drink licensed premises which do
not qualify as a restaurant-bar as defined by section 10-1. A
sales-by-drink or C.O.L. licensee may employ persons 18 through 20 years of age
to work on the premises if the persons do not sell, assist in the sale,
dispense, serve or deliver alcoholic beverages to any person.
(2) Sales-by-drink licensed premises which
qualify as a restaurant-bar as defined by section 10-1. A
sales-by-drink or C.O.L. licensee who sells substantial quantities of food upon
the licensed premises may:
a. Employ persons 18 through 20 years of age to
work on the premises in the capacity of a waiter or waitress; however, no
employee 18 through 20 years of age shall mix, pour or serve across the bar
alcoholic beverages; and
b. Employ persons 16 and 17 years of age to work
on the premises if the persons do not sell, assist in the sale, dispense, serve
or deliver alcoholic beverages to any person.
(3) Original package sales licenses without 50
percent gross sales of other merchandise. An original package sales
licensee without 50 percent gross sales of other merchandise may employ persons
18 through 20 years of age 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 licensee, not less than 21 years of age, holding a valid employee
permit issued under this chapter, on the licensed premises during all hours of
operation. However, delivery of alcoholic beverages away from the licensed
premises cannot be performed by any person under 21 years.
(4) Original package sales licenses with 50
percent gross sales of other merchandise. An original package sales
licensee where at least 50 percent of the gross sales made consist of goods,
merchandise or commodities other than alcoholic beverages may employ persons 18
through 20 years of age 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. However, delivery of alcoholic beverages away
from the licensed premises cannot be performed by any person under 21 years of
age.
(b) Each
employee under 21 years of age, allowed to sell or assist in the sale of
alcoholic beverages upon the premises under this section must obtain and hold
an employee permit.
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) Sales-by-drink licensed premises such as golf
courses, bowling alleys, and theaters that derive at least 50 percent of their
gross sales from goods, merchandise or commodities other than alcoholic
beverages.
(8) Persons 18 through 20 years of age may be employed by a
sales-by-drink specialty licensee 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 liquor permit issued under this chapter upon the licensed premises
during all hours of operation. Minors employed under this subsection are not
permitted to mix or serve alcoholic beverages by the drink or deliver alcoholic
beverages away from the licensed premises.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney