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Legislation #: 110136 Introduction Date: 2/24/2011
Type: Ordinance Effective Date: 3/20/2011
Sponsor: COUNCILMEMBERS JOHNSON, GOTTSTEIN, MARCASON AND JOLLY
Title: Amending Chapter 10, Code of Ordinances, by amending section 10-214, consents required and section 10-215, consents not required, for the purpose of requiring an applicant to obtain consents from a majority of eligible consenters for any premise located anywhere in the city where a liquor license or permit has been revoked.

Legislation History
DateMinutesDescription
2/23/2011 Filed by the Clerk's office
2/24/2011 Referred to Public Safety and Neighborhoods Committee
3/2/2011 Do Pass
3/3/2011 Assigned to Third Read Calendar
3/10/2011 Hold to End of Docket
3/10/2011 Councilmember Sharp Move to Amend
3/10/2011 Passed as Amended

View Attachments
FileTypeSizeDescription
110136.pdf Authenticated 252K AUTHENTICATED
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=110136 Website Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=110136
110136com.docx Advertise Notice 21K compared version
10-214 10-215 - Consents required for revoked premise - 2-16-2011.doc Fact Sheet 113K 10-214 & 10-215

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ORDINANCE NO. 110136, AS AMENDED

 

Amending Chapter 10, Code of Ordinances, by amending section 10-214, consents required and section 10-215, consents not required, for the purpose of requiring an applicant to obtain consents from a majority of eligible consenters for any premise located anywhere in the city where a liquor license or permit has been revoked.

 

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 Section 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. 10-214.  Consents required.

 

(a)   Consent of neighboring property owners.  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 and notarized from a majority of eligible consenters as defined in this chapter from a minimum of 15 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 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 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 consent requirement provided in this section shall apply to: 

 

(1)    Any new premises;

 

(2)    Any premises that was previously licensed;

 

(3)    The expansion of any licensed premises;

 

(4) Not withstanding any other section of this chapter, any previously licensed or permitted premise where the license or permit was revoked;

 

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

 

(6)   Any premises intending to provide live entertainment as outlined in section 10-332 of this chapter; and

 

(7)    Any change in ownership of a licensed premises that meets the requirements outlined in section 10-266 of this chapter

 

(b)   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 and notarized 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 shall be considered as a single property parcel entitled to a single consent, which consent shall be validated if signed by the unit owners of a majority of the condominium units. 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)    That the tenancy is for a term not less than one year; and

 

(2)    That 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)    That 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, the proposed type of entertainment, if any, 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, then the director will accept the signed consent of the tenant, 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.

 

(c)   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 or intersected by a radius of 350 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. 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 planning and development department 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 mail consent forms to the applicant at the same time the director mails the written notification of application to the eligible consenters and the appropriate registered neighborhood associations. 

 

(d)   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. Each signature on a consent form shall be verified before a notary public. 

 

(e)   Within 45 days of the filing of an application for a retail sales-by-drink, C.O.L. or sales-by-package license, if the owners of not less than 50 percent of the property parcels wholly within or intersected by a radius of 350 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises file with the director a petition requesting a hearing before the director on whether the issuance of the license or sales permit will be in the best interests of the locality involved, then the director shall notify the applicant and property owners of the date, time and place of a hearing to determine the issue based on the factors set forth in section 10-241 of this chapter. 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, and the director has granted the applicant one extension of time for furnishing consents under this section up to an additional 45 days, then the director shall allow the same amount of additional time to file a petition under this subsection.

 

(f)   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 liquor or nonintoxicating beer in the original package if the applicant invokes the exemption from the density provisions contained in section 10-211(2)c of this chapter.

 

(g) 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 twelve month period unless twelve 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.

 

(a)   No signed consents as required by section 10-214(a) 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(a), 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)    Property zoned CP-3.  If the proposed premises are located on property zoned CP-3 as defined in chapter 80 of the Code of Ordinances. 

 

(4)    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(a), provided that all other requirements of this chapter have been fulfilled. 

 

(5)    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.

 

(6)    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.

(7) 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 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.

(8)    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:

 

 

___________________________________

Kathy Adams

Assistant City Attorney