KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 030692 Introduction Date: 6/12/2003
Type: Ordinance Effective Date: 6/29/2003
Sponsor: COUNCILMEMBER XBARNES AND COUNCILMEMBER COOPER
Title: Amending Chapter 50, Code of Ordinances, by repealing Section 50-152, Drinking alcoholic beverages in public place; Chapter 64, Code of Ordinances, by repealing Sections 64-162 through 64-169 of Article V, Obstructions and Encroachments; Chapter 10, Code of Ordinances, by repealing Section 10-312, Special regulations for certain premises and enacting in lieu thereof sections of like number and subject matter and further amending Chapter 10, Code of Ordinances, by adding a new Section 10-130, Sidewalk cafe license.

Legislation History
DateMinutesDescription
6/19/2003

Waive Charter Requirements City Council

6/12/2003

Prepare to Introduce

6/12/2003

Referred Planning, Zoning & Economic Development Committee

6/18/2003

Advance and Do Pass as a Committee Substitute

6/19/2003

Passed as Substituted


View Attachments
FileTypeSizeDescription
03692 Compared Version.pdf Compared Version 1797K Compared Version
03692 Comm Sub.pdf Authenticated 556K 03692 Comm Sub

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 030692

 

Amending Chapter 50, Code of Ordinances, by repealing Section 50-152, Drinking alcoholic beverages in public place; Chapter 64, Code of Ordinances, by repealing Sections 64-162 through 64-169 of Article V, Obstructions and Encroachments; Chapter 10, Code of Ordinances, by repealing Section 10-312, Special regulations for certain premises and enacting in lieu thereof sections of like number and subject matter and further amending Chapter 10, Code of Ordinances, by adding a new Section 10-130, Sidewalk caf license.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 50, Code of Ordinances, is amended by repealing Section 50-152, Drinking alcoholic beverages in public place and enacting in lieu thereof a section of like number and subject matter to read as follows:

 

Sec. 50-152. Drinking alcoholic beverages in public place.

 

No person shall consume or drink any intoxicating liquor of any kind or any kind of beer in or upon any street, sidewalk or park; except as otherwise allowed by ordinance and except that, in the case of parks, such consumption or drinking of intoxicating liquor or beer may be permitted by the board of parks and recreation commissioners by written contract or permit, subject to the requirements of Chapter 10 of the Code of Ordinances.

 

Section 2. That Chapter 64, Code of Ordinances, is amended by repealing Sections 64-162 through 64-169 of Article V, Obstructions and Encroachments and enacting in lieu thereof sections 64-162 through 64-169 of like subject matter to read as follows:

 

Sec. 64-162. Obstructions, encroachments and other prohibited acts in streets, sidewalks and

other public ways.

(a) Buildings. No person shall build, construct, use, maintain or in any way occupy any house, shanty or other building or structure of any kind located on, in or above any street, sidewalk or public square, except as specifically otherwise provided for by ordinance. This prohibition expressly includes the use of public rights-of-way for building or maintaining dispersed uses such as banners or telecommunications, utility, cable television or other similar systems.

 

(b) Fixtures or personal property. No person shall deposit, place, erect or maintain any structure, material, article, substance, decoration or thing, including the use of public rights-of-way for building or maintaining dispersed uses such as telecommunications, utility, cable television or other similar systems, on, in or above any street, curb, gutter, park, parkway, sidewalk or public place of the city except as specifically otherwise provided for by ordinance.

 

(c) Vaults, coal holes or other openings. No person shall excavate or cause to be excavated, near or adjoining any street, sidewalk or other public place any vault, area, coal hole, basement, cellar or opening except as specifically otherwise provided for by ordinance.

 

(d) Cellar doors. No person, including the owner or occupant of any house, building, lot or premises in front of or alongside of which there is any sidewalk, shall build, construct, use, maintain or allow any cellar door or grating, or any covering of any vault, area, coal hole or basement, to rise above the surface of such sidewalk, or construct, maintain or allow any fastenings or hinges of such cellar door, grating or covering to be or remain on the upper side thereof.

(e) Display of merchandise. No person shall place, leave, deposit or hang up any food,


showcases, goods, wares or merchandise in or upon any street, sidewalk or footway, or cause or permit such acts to be done, except as specifically otherwise provided for by ordinance.

 

(f) Sale of livestock. No person shall buy, sell or barter or to offer to buy, sell or barter any swine or livestock of any description upon any of the streets within the corporate limits of the city. Each person violating or failing to observe the provisions of this subsection shall be guilty of an ordinance violation, and each violation shall constitute a separate offense.

 

(g) Sales causing obstruction. No person shall, in or upon any street or sidewalk, sell or attempt to sell, expose, offer or cry for sale or exhibit any goods, wares, merchandise, chattels or other personal property to any person, except as specifically otherwise provided for by ordinance.

 

(h) Sawing firewood. No person shall saw or cause to be sawed any firewood in or upon any sidewalk, footway or street crossing.

 

Sec. 64-163. Removal of building on street.

 

If any person shall be found guilty of violating or failing, neglecting or refusing to comply with any provision, regulation or requirement of section 64-162 (a), the court shall, in addition to a fine as provided in section 64-169, adjudge that such house, shanty or other building be immediately removed by the director of public works, who shall forthwith report the expense thereof to the court, and the costs of such removal shall be taxed by the court as part of the costs of the case.

 

Sec. 64-164. Encroachment permit for temporary placement of tables and chairs for

customers on public sidewalk.

 

(a) Permit authorized. Unless otherwise authorized under the Code of Ordinances, no person shall place tables or chairs or any other device for the sale or consumption of food or beverage upon any public sidewalk or footway without first obtaining an annual sidewalk caf permit. The director of Neighborhood and Community Services is authorized to issue annual sidewalk caf permits for a permit year beginning on January 1 and ending on December 31 of the same year, for the limited purpose of temporarily placing tables and chairs for customers in connection with the sale and consumption of food and beverages in or upon any public sidewalk or footway only if all of the following conditions are met:

 

(1) A sidewalk caf permit can only be issued for areas in the city zoned for business and for sidewalks that will allow a clear unobstructed passage not less than 5 feet in width.

 

(2) A sidewalk caf permit may only be issued for a business that has a non alcohol city business license for the sale and consumption of food and beverages on the premises or a business licensed as a restaurant-bar under chapter 10 of the Code, provided that the permit may be issued only if such business is located immediately in front of the sidewalk and the permit shall not be issued for another business, if any, located in the same building.

 

(3) A sidewalk caf permit issued under this article may not be assigned, and no permittee shall allow a sidewalk caf permit to be used to obtain a permit for any other person or location.

 

(4) The sidewalk caf permit shall specify the location of the permit area by address.

 

(5) The applicant for a sidewalk caf permit obtains approval from the Board of Parks and Recreation Commissioners if the sidewalk is on a parkway or boulevard under the jurisdiction of that Board.

 

(6) The applicant for a sidewalk caf meets all of the other permit requirements contained in the Code of Ordinances, including but not limited to the requirements of chapter 10 of the Code, if applicable.

 

(b) Status of permit. A sidewalk caf permit is a privilege and not a right, and the City shall at all times have the right to restrict the scope, time and manner of the placement of tables and chairs on the sidewalk at anytime and for any reason by ordinance or regulation of the director of Neighborhood and Community Services.

 

(c) Application for sidewalk caf permits.

 

(1) All applications for a sidewalk caf permit shall be filed with the director of Neighborhood and Community Services in a form approved by the director. Separate applications are required for each adjoining property unless the applicant is the owner or tenant of the adjoining property.

 

(2) The application for the sidewalk caf permit shall be in the form provided by the director and shall contain not less than the following information:

a. Business name and address;

b. Names and addresses of all owners of the business;

c. Proposed hours of operation;

(3) A nonrefundable application fee in an amount of $50.00 to defray the expenses of investigating the application and issuing the permit shall be charged for each permit.

 

(4) As a condition for the issuance of each sidewalk caf permit, the applicant shall furnish to the director of Neighborhood and Community Services an indemnity agreement in the form approved by the director binding the permittee to defend, indemnify, and hold harmless the city and any of its agencies, officials, officers, or employees from and against all claims, damages, liability, losses, costs, and expenses, including reasonable attorneys fees, arising out of or resulting from any acts or omissions in connection with the operations of the permit holder caused in whole or in part by the permittee, its employees, agents, or subcontractors, customers or caused by others for whom the permittee is liable, regardless of whether caused in part by any act or omission of city, its agencies, officials, officers, or employees.

(5) As a condition for the issuance of each sidewalk caf permit, the applicant shall furnish the city a certificate of insurance from a company approved by the director of finance evidencing that the applicant has a comprehensive general liability and property damage policy meeting the following conditions:

 

a. Liability insurance with either a combined single-limit policy of not less than $2,000,000.00, or a split-limit policy of $300,000.00/$300,000.00 bodily injury and $100,000.00 property damage.

 

b. The city shall be added as an additional insured to such policy by separate endorsement.

 

c. The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least ten days prior thereto.

 

(6) As a condition for the issuance of any sidewalk caf permit, the applicant shall pay an inspection fee as follows:

 

a. $250.00 per year for an annual sidewalk caf permit.

 

(d) Conduct of sidewalk caf permit holder. A person holding a sidewalk caf permit shall comply with all of the following conditions in connection with the placement of tables and chairs on a sidewalk.

 

(1) Sidewalk caf permits shall be conspicuously displayed at all times at the business for the permit area and shall be available for inspection by the director of Neighborhood and Community Services, other city employees, and the public.

 

(2) No street or alley shall be blocked by tables and chairs placed pursuant to a sidewalk caf permit issued under this Article.

 

(3) The permit holder shall comply with all applicable laws including the Americans with Disability Act.

 

(4) Tables and chairs for customers shall be securely placed so that they will not endanger the public, or fall or protrude into any street or alley.

 

(5) Tables and chairs for customers shall not be placed in a manner that creates or causes a nuisance, a fire hazard, or interferes with ingress to or from any building.

 

(6) Tables and chairs for customers may only be placed within the permit area during normal business hours but in no event between the hours of 1:00 a.m. and 6:00 a.m.

 

(7) Tables and chairs for customers may only be placed in front of the business holding a sidewalk caf display permit and shall not extend to sidewalks abutting and adjacent to other properties.

 

(8) The tables and chairs shall not be placed in the street.

 

(9) Tables and chairs for customers shall not be placed on the sidewalk closer than five (5) feet from the edge of the surface of the abutting street.

 

Sec. 64-165. Conditions for vault encroachments.

 

No person shall excavate or cause to be excavated, near or adjoining any street, sidewalk or other public place any vault, area, coal hole, basement, cellar or opening without covering such vault or other opening, and securing the grating or covering thereof in such manner as to prevent persons, animals or vehicles from falling therein; and no person shall keep or leave open any cellar door, grating or stairway of any vault, cellar, basement area, or coal hole, in, near or adjoining any sidewalk, alley or other public place; and no person shall suffer or allow any such cellar door, grating or stairway in front of or alongside any house, building, lot or premises, owned or occupied by him, to be or remain in an insecure condition or out of repair.

 

Sec. 64-166. Encroachment permits for decorative projects in right-of-way.

 

Except for sidewalk caf permits, regardless of any other provision appearing to the contrary in the Code of Ordinances, the director of public works, or the board of parks and recreation commissioners in the case of rights-of-way or other public places under the control of the parks and recreation department, is authorized to issue permits to any person to deposit, place, erect or maintain any structure, material, article, substance, decoration or thing on, in or above any street, curb, gutter, sidewalk or public place of the city if such structure, material, article, substance, decoration or thing is part of a streetscape or decorative project otherwise approved by ordinance, and if the application for permit is accompanied by proof of insurance as required by section 64-121 of this chapter.

Secs. 64-167 - 64-169. Reserved.

 

Section 3. That Chapter 10, Code of Ordinances, is amended by adding a new Section 10-130, Sidewalk caf license, and repealing Section 10-312, and enacting in lieu thereof a section of like number and subject matter to read as follows:

 

Sec. 10-130. Sidewalk caf alcohol license.

 

A Sidewalk caf alcohol license authorizes the licensee to dispense alcoholic beverages on a premises under the applicable conditions specified of this chapter for such license.

 

Sec. 10-312. Special regulations for certain premises.

 

(a) Hotels, motels and clubs. Nothing in this article shall be construed as to prevent any hotel or motel operator, or private club, from serving any alcoholic beverage to any guest, including registered guests, in or occupying any room of a hotel, motel or private club, if the alcoholic beverage served is kept in or served from a licensed location, place or premises in those establishments.

 

(b) Drugstores, confectioneries, soda fountains and school supply stores. No alcoholic beverage sales-by-drink license and no C.O.L. license provided for in this chapter shall be issued if the structure for which the license is sought is occupied and operated as a drugstore, pharmacy, confectionery, soda fountain, soft drink business, or stationery or school supply store.

(c) Sidewalk cafs. A sidewalk caf alcohol license for the sale of alcoholic beverages on a public sidewalk authorized under this chapter may be issued if the applicant therefore qualifies for and obtains a sale by drink license issued under this chapter and meets all of the following qualifications and conditions:

 

(1) The applicant for a sidewalk license qualifies for and obtains a sale by drink license issued under this chapter for a restaurant-bar; and

 

(2) The licensee must have and at all times maintain a current sidewalk caf permit issued by the director of Neighborhood and Community Services and be in compliance with the requirements in section 64-164; and

 

(3) The applicant therefore qualifies for and obtains approval for the expansion of the existing premises under the provisions of this chapter, including consents.

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney