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Legislation #: 090227 Introduction Date: 3/19/2009
Type: Ordinance Effective Date: 4/12/2009
Sponsor: None
Title: 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.

Legislation History
DateMinutesDescription
3/17/2009 Filed by the Clerk's office
3/19/2009 Referred to Public Safety and Neighborhoods Committee
3/25/2009 Do Pass
3/26/2009 Assigned to Third Read Calendar
4/2/2009 Passed

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090227.pdf Authenticated 264K authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090227 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090227
090227com.doc Advertise Notice 50K compared version
10-102, 10-339 10-342 - Sales-by-Drink Speciality License.doc Fact Sheet 154K Sales-by-drink specialty license

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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