ORDINANCE NO. 120907
Amending Chapter 10, Code of
Ordinances, by repealing Section 10-212, Distance from churches and schools,
and enacting in lieu thereof a new section of like number and subject matter to
eliminate the requirement that a sales by drink or sales by package liquor
licensed premise that would be located within 100 feet of a church or school must
have five or more buildings located together and be managed and marketed as a
single mixed use development.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 10 is hereby amended by repealing Section 10-212, Distance from
churches and schools, and enacting in lieu thereof a new section of like number
and subject matter, to read as follows:
Sec. 10-212. Distance from
churches or schools.
(a) No
alcoholic beverage license shall be issued for any location when the premises
are within 300 feet of a school or church, measured from the nearest point of
the enclosing wall of the premises to the nearest point of a church or school
as defined in this chapter. However, if a dwelling is the site of a proposed
catered function, occasion or event, the requirements for the distance from any
school or church is reduced to within 100 feet from the church or school. This
provision shall not prohibit a church or school, meeting the requirements of
this chapter, from holding a catered function, occasion or event on the
property of the school or church.
(b) No
alcoholic beverage license shall be issued for the expansion of any existing
premises within 300 feet of a school or church, measured from the nearest point
of the enclosing wall of the premises to the nearest point of the church or
school as defined in this chapter.
(c) The
property for a licensed premises situated thereon, legally established within
300 feet of a church or school prior to the adoption of this chapter, shall
remain eligible for the location of a licensed premises within 300 feet of the
church or school under the following conditions:
(1) The licensed premises must have been legally established
within 300 feet of a church or school prior to the adoption of this chapter,
and
(2) An application for a new license for the premises must be
filed within 120 days from the latter date that:
a. The licensee surrenders the license, or
b. The date that the license is canceled, terminated or revoked
by the city, or
c. The date that the licensee cancels, terminates or abandons
the lease, and
(3) A relocation of the original premises to another location on
the property shall not be permitted; and
(4) Changes from an existing retail sale-by-drink license to any
other license classification, or from an existing sale-by-package license to
any other license classification, or from any other classification of license
issued under this chapter to another license classification shall not be
permitted, and
(5) All
other requirements for licensing a premises under this chapter are met.
(d) The
provisions of section 10-212(a)
shall not apply for the location of a proposed premises for a restaurant-bar
sale-by-drink establishment if the proposed premises is located in an area of
the city zoned C3a2 as of the effective date of the ordinance enacting this
subsection.
(e) The
provisions of section 10-212(a)
relating to the distance from churches but not schools shall not apply for the
location of a proposed premises in a planned district defined in sections 80-272 through80-281 of the
Code of Ordinances, which includes a church as part of a development plan
approved by the city.
(f) The
provisions of section 10-212(a)
relating to the distance from churches but not schools shall not apply for the
location of a proposed premises in a general planned development district
defined in chapter 80 of the
Code of Ordinances:
(1) Which is zoned either GP2 or GP3 and is also zoned either
GP-4 or GP-5 and which has been merged into a single zone on the basis of an
appropriate integrated design plan; and
(2) Which includes a church as part of a development plan
approved by the city council.
(g) The
provisions of subsections 10-212(a) and
(b) shall not apply to a liquor licensed premise that is currently or is
proposed to be located between 100 feet and 300 feet from a church or school as
measured from the nearest point of the enclosing wall of the proposed or current
liquor licensed premise to the nearest point of the church or school as defined
in this chapter provided that the managing authority from the church or school
submits a written and notarized statement to the director stating they have no
objection to a liquor-by-the drink or liquor-by-the package premise obtaining a
liquor license, upgrading the current liquor license or expanding the current
premise.
(h) No
alcoholic beverage license shall be issued within 100 feet of a church or
school, as measured from the nearest point of the enclosing wall of the
proposed or current liquor licensed premise to the nearest point of the church
or school as defined in this chapter unless the following conditions have been
met:
(1)
The applicant must provide, to the director, a written and notarized
statement from the managing authority from the church or school stating they
have no objection to a liquor-by-the drink or liquor-by-the package premise
obtaining a liquor license, upgrading the current liquor license or expanding
the current premise.
(2)
The director must provide written notice to all property owners within
one hundred feet of the current or proposed licensed premises that an
application for a liquor-by-the drink or liquor-by-the package premise has been
submitted and the director shall not approve any application for an alcoholic
beverage license until at least ten days' has passed from the date the notice
was sent.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney