COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 070929
Amending Chapter 10, Code of
Ordinances, by repealing Sections 10-5, Permit required, 10-291, Generally,
10-292, Temporary employee permit for special event, and 10-293, Violations;
penalty, and enacting in lieu thereof new sections of like number and subject
matter.
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 10-5, Permit required, 10-291,
Generally, 10-292, Temporary employee permit for special event, and 10-293,
Violations; penalty, and enacting in lieu thereof new sections of like number
and subject matter, to read as follows:
Sec. 10-5. Employee liquor
permit required.
It shall be
unlawful for any person to directly participate in the retail sale, service,
delivery or dispensation of alcoholic beverages unless the person holds a valid
employee liquor permit issued by the director. 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. It shall be unlawful for any person 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 unless the person holds a valid employee
liquor permit issued by the director.
Sec. 10-291. Generally.
(a) Eligibility.
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. No person shall be issued an employee liquor permit if:
(1) The person is a prohibited felon. A prohibited felony is one
who has been convicted of a crime under the laws of any state or the United
States where the possible penalty at the time of the offense exceeded one (1)
year confinement and the crime involves homicide, assault involving a threat of
death or serious injury or actual physical injury, assault upon a law
enforcement officer, kidnapping or false imprisonment, any action that would
constitute a sexual offense under Chapter 566, RSMo, prostitution, pornography,
robbery, arson, stealing, burglary, forgery, counterfeiting, identity theft or
false identification, bribery, unlawful use of a weapon, gambling, driving or
boating while intoxicated, perjury, fake reports or declarations, the
possession, sale or manufacture of drugs, tax fraud, mail fraud, food stamp
fraud or welfare fraud.
(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) 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 that he or she
has not been convicted of any felony.
(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
verified by the city police department, to be obtained by the applicant.
(7) A
photograph of the applicant, to be taken by the director or his agents.
(8) A non-refundable application fee of $20.00 to
be paid to the city treasurer to defray the cost of investigation and the
application process.
(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 convicted of any felony, 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 request for a 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 a prohibited
felony unrelated to the manufacture or sale of intoxicating liquor, so long as
the prohibited 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 prohibited felon 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 convicted of a prohibited felony, 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 that he or she
has not been convicted of any felony.
(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 shall be convicted of any felony, 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 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 a temporary employee
liquor permit as required by this subsection shall be prima facie evidence that
the person does not hold a permit.
Sec. 10-293. Violations;
penalty.
(a) Employment
of persons without permit. It shall be unlawful for any retail
licensee to have in his employ to sell or assist in the retail sale,
dispensation, service or delivery of alcoholic beverages any person who does
not have an employee liquor permit issued by the director.
(b) False
representations. It shall be unlawful for any person to use or
possess any false or falsified employee liquor permit issued, or purporting on
its face to have been issued, by the director for the purpose of using the
permit to obtain employment in or to purchase alcoholic beverages from any
premises granted a license under the provisions of this chapter, or to
misrepresent to any licensee or his agent, servant or employee, or to the
director or the director's authorized agents or any member of the police
department, the person to be 21 years of age or older.
(c) Falsifying
permit. It shall be unlawful for any person to manufacture, forge,
reproduce in any way or otherwise falsify an employee liquor permit issued, or
purporting on its face to have been issued, by the director, or to give, lend,
sell or otherwise provide to any person a false, falsified, manufactured,
forged or reproduced employee liquor permit issued by the director.
(d) Use
of another's permit. It shall be unlawful for any lawful holder of an
employee liquor permit issued by the director to give, lend, sell or otherwise
provide the permit to any other person, or for any person not the lawful holder
of the permit to use the permit for any purpose declared to be unlawful by the
provisions of this division, or to give, lend, sell or otherwise provide the
permit to any other person.
(e) Penalty.
Any person found guilty of violating the provisions of this division shall be
fined in a sum of not less than $100.00 and not more than $500.00, or by a
sentence of not less than 30 days and not more than six months' imprisonment at
the municipal correctional institution, or by both fine and imprisonment.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney