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Legislation #: 070159 Introduction Date: 2/8/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 10, Code of Ordinances, by repealing Sections 10-1, Definitions, and 10-212, Distance from churches or schools, and enacting in lieu thereof one new section of like number and subject matter that provides for a retail sales-by-drink establishment on property located on the east side of Highland Avenue between 18th and 19th Streets which property contains a building that has been placed on the National Register of Historic Places and is a significant element in the history of Kansas City jazz and, additionally, provides for changes in measuring distances between church and school buildings, which includes, in the case of schools, playgrounds.

Legislation History
DateMinutesDescription
2/7/2007 Filed by the Clerk's office
2/8/2007 Referred to Neighborhood Development and Housing Committee
2/21/2007 Advance and Do Pass as a Committee Substitute, Debate
2/22/2007 Passed as Substituted

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070159.pdf Authenticated 614K Authenticated
fact sheet.xls Advertise Notice 442K revised fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 070159

 

Amending Chapter 10, Code of Ordinances, by repealing Sections 10-1, Definitions, and 10-212, Distance from churches or schools, and enacting in lieu thereof one new section of like number and subject matter that provides for a retail sales-by-drink establishment on property located on the east side of Highland Avenue between 18th and 19th Streets which property contains a building that has been placed on the National Register of Historic Places and is a significant element in the history of Kansas City jazz and, additionally, provides for changes in measuring distances between church and school buildings, which includes, in the case of schools, playgrounds.

 

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 10-212, Distances from churches or schools, and enacting in lieu thereof one new section of like number and subject matter, to read as follows:

Sec. 10-1. Definitions.

As used in this chapter:

Alcohol Beverage Vaporizer means any device which, by means of heat, a vibrating element or any method, is capable of producing a breathable mixture containing any one or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose and/or mouth.

Alcoholic beverages means intoxicating liquor, malt liquor or nonintoxicating beer.

Annual gross sales means the gross sales shown on the prior year's state sales tax receipt or the prior years convention and tourism tax filings or city occupational license tax receipt for an applicant or licensee.

Board means the liquor control board of review established by the city under this chapter to conduct regulatory hearings in connection with the administration and enforcement of the provisions of chapter 10 of the city's Code of Ordinances.

Caterer means any establishment whose primary business is the preparation of food and drinks for consumption away from the licensed premises. A caterer must drive 50 percent or more of its annual gross sales from the sale of prepared meals and food consumed at other approved premises. For the purposes of determining whether an establishment qualifies as a caterer under the provisions of this chapter and calculating the amount and percentage of annual gross sales from the sale of prepared meals and food, any nonalcoholic components mixed or served in any alcoholic beverage shall be considered to be part of the alcoholic beverage and shall not be considered to be prepared meals and food.

Church means any building or structure regularly and primarily used as a place of worship by any organized religious society, organization or congregation, regardless of whether or not the building or structure was originally designed and constructed for that purpose.

Closed place means a premises licensed under this chapter where all doors are locked and where no customers are in or about the premises.

Coin-operated amusement device means pinball machines, marble machines, music-vending machines, pool tables or machines, coin-operated shuffleboards and any other device operated by the insertion of a coin, disc or other insertion piece, whether or not also manipulated by the operator, and which operate for the amusement of the operator, whether or not by registering a score. It shall not include "slot machines," "claw machines," or other machines prohibited by state law. It shall not include machines or devices used bona fide and solely for the vending of service, food, confections or merchandise.

C.O.L. license means a license for the consumption of alcoholic beverages in or upon a premises which does not possess a license for the sale of alcoholic beverages and where food, beverages or entertainment are sold or provided for compensation as provided in RSMo 311.480.

Commissioner means the Commissioner of Revenue of Kansas City, Missouri, or person authorized and designated by the commissioner.

Condominium means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

Convention hotel or motel means any hotel or motel containing not less than 50 transient guestrooms, having a meeting room or similar facility with a seating capacity of not less than 50 persons and having a restaurant on the premises.

Customer means any person not an employee who enters or remains upon a licensed premises with actual or implied permission of the licensee or a person who purchases or otherwise partakes of any merchandise, goods, entertainment or other services offered upon the premises.

Dancer means any person performing a semi-nude dance, or who performs a dance for any customers upon the premises of an establishment that allows semi-nude dancing.

Director unless otherwise described, means the director of neighborhood and community services, or a person designated by the director.

Dwelling means any place that is used regularly or irregularly as a place of repose, sleep, rest or any place containing a bed, cot, divan, couch or any other article of furniture on which an adult person may recline. However, this shall not include any premises used as a hotel, motel, or hotel room.

Eligible consenter means an owner of property in Kansas City, Missouri which is wholly within or intersected by a specified radius from a proposed premises and allowed to consent to the location of the premises as set forth in this chapter and shall include the board of parks and recreation commissioners with respect to park property under its jurisdiction, but with respect to all other property owned by Kansas City, Missouri, or property owned by the federal government, the State of Missouri, and political subdivisions of the state, the city, the federal government, the State of Missouri, and political subdivisions of the state shall not be considered an eligible consenter and the property shall not be included in calculating the number of required consents.

Employee means and includes an agent or servant, and shall be construed to mean every person working for or performing services on behalf of the licensee during actual or scheduled work hours.

High density office building means an office building used exclusively for the administrative functions of business firms, professional groups or societies, or any combination of those organizations, under the conditions of section 80-90 of the Code of Ordinances.

Intoxicating liquor or liquor means alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt or other liquors or combination of liquors, a part of which is spirituous, vinous or fermented, and all preparation or mixtures for beverage purposes containing in excess of 3.2 percent of alcohol by weight.

Licensee means the holder of any licenses issued under the provisions of this chapter.

Location means the property parcel upon which a licensed premises is situated.

Malt liquor means any beer or other malt beverage manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content in excess of 3.2 percent by weight, but not in excess of 5 percent by weight.

Managing officer means the person(s) designated by the licensee who is in actual management and control of a business licensed under this chapter, and who would be eligible as an individual to receive a license for the sale of alcoholic beverages, and who is a qualified voter of the State of Missouri.

Microbrewery means a business whose activity is the brewing and selling of beer, with an annual production of 10,000 barrels or less.

Nonintoxicating beer means any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than 0.5 percent by volume, and not exceeding 3.2 percent of alcohol by weight.

Original license means any license issued under this chapter on an application for a new license whether or not the proposed premises was previously licensed under this chapter but shall not mean a renewal license.

Original package means any package containing 3 or more standard bottles or cans of malt liquor or nonintoxicating beer, a package containing 50 milliliters (1.7 ounces) or more of spirituous liquor and a package containing 100 milliliters (2.4 ounces) or more of vinous liquor in the manufacturer's original container. A standard bottle or can is any bottle or can containing 12 ounces or less of malt liquor or nonintoxicating beer.

Permittee means the holder of an employee's permit, issued under the provisions of this chapter.

Person means an individual, partnership, club or association, firm, limited liability company or corporation, unless the context requires a contrary interpretation.

Place of entertainment means any establishment which has occupancy capacity for at least 300 customers, annual gross sales in excess of $250,000.00, and has been in operation for at least 1 year.

Premises means the bounds of the enclosure where alcoholic beverages are permitted to be sold, stored or consumed under the authority of this chapter.

Restaurant-bar means any establishment having a restaurant or similar facility on the premises which derives 50 percent or more of its annual gross sales from the sale of prepared meals and food made and consumed on the premises, or which has an annual gross sales of at least $200,000.00 from the sale of prepared meals and food consumed on the premises. For the purposes of determining whether an establishment qualifies as a restaurant-bar under the provisions of this chapter and calculating the amount and percentage of annual gross sales from the sale of prepared meals and food, any nonalcoholic components mixed or served in any alcoholic beverage shall be considered to be part of the alcoholic beverage and shall not be considered to be prepared meals and food.

School means any building, including any outside area regularly used as a play or assembly area, which is regularly used as a public, private or parochial school, elementary school or high school, college, university, professional school, business or secretarial school.

Semi-nude dance means any live exhibition, performance or dance by a person or persons in a state of dress in which opaque clothing covers no more than the areola of the female breast, the genitals or pubic region and anus, as well as portions of the body covered by straps or strings supporting that clothing.

Substantial quantities of food means the amount of prepared meals and food wherefrom at least 50 percent of the gross income of an establishment has been derived during the 3 most recent calendar months preceding. For the purposes of determining whether substantial quantities of prepared meals and food constitute at least 50 percent of the gross income of an establishment under the provisions of this chapter, and calculating the amount and percentage of annual gross income from the sale of prepared meals or food, any nonalcoholic components mixed or served in any alcoholic beverage shall be considered to be part of the alcoholic beverage and shall not be considered to be prepared meals or food.

Unit means a physical portion of a condominium designated for separate ownership or occupancy, the boundaries of which described in the declaration which creates the condominium.

Unit owner means a person who owns a condominium unit but does not include a person having an interest in a unit solely as security for an obligation.

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) shall not apply for the location of a proposed premises for a restaurant-bar sale-by-drink establishment if the proposed premises is located wholly within the following described location: that area bounded by and including the block face frontage on 17th Street Terrace on the north, Woodland Avenue on the east, 19th Street on the south and Paseo Boulevard on the west.

 

(f)   The provisions of section 10-212(a) shall not apply for the location of a proposed premises for a retail sale-by-drink establishment if the proposed premises is located on city owned property within the following described location: that area bounded by 17th Street Terrace on the north, Highland Avenue on the east, 18th Street on the south and Vine Street on the west or to a property located on the east side of Highland Avenue between 18th and 19th Streets which property contains a building that has been placed on the National Register of Historic Places and is a significant element in the history of Kansas City jazz.

 

(g)   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 through 80-281 of the Code of Ordinances, which includes a church as part of a development plan approved by the city

 

(h)   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.

 

(i) The provisions of subsection 10-212(a) shall not apply for the location of a proposed premises for a sales by package premises if the proposed premises is located wholly within the following described legal description: 3900 Prospect/South 50 feet of west 112 feet of east 122 feet Lot 1 north 15.64 feet of west 112 feet of east 122 feet Lot 2, Block 1, Geo West Warders Addition, a subdivision in Kansas City, Jackson County, Missouri.

 

(j)   The provisions of subsections 10-212(a) and (b) shall not apply for the location of a proposed premises for a restaurant-bar sale by drink establishment if the proposed premises is located wholly within the following described legal description: All of Tract A, North Oak Business Park, a subdivision in Kansas City, Clay County, Missouri, and all of Lot 1, North Oak Business Park, 3rd Plat, a subdivision in Kansas City, Clay County, Missouri.

 

(k)   The provisions of subsections 10-212(a) and (b) shall not apply to restaurant-bar sale-by-drink establishments that occupy or propose to occupy any premises located wholly within the following described location: that portion of the area bounded by 62nd Terrace on the north, Main Avenue on the east, Meyer Boulevard on the south and Wornall Road on the west, within which the issuance of any alcoholic beverage license would be prohibited pursuant to the application of subsections 10-212(a), (b) or (c) but for this subsection (k) (the restricted area); provided that the premises that such restaurant-bar sale-by-drink establishment occupies or proposes to occupy was not in whole or in part the subject of a retail sale-by-drink license that was in effect on August 15, 2005, and further provided, that with respect to any restaurant-bar sale-by-drink establishments within the restricted area that are licensed under the authority of this subsection (k), each of the following conditions must be satisfied notwithstanding any other provisions of this chapter to the contrary:

 

(1)  Such establishment shall have a restaurant or similar facility on the premises and derive 50 percent or more of its annual gross sales from the sale of prepared meals and food made and consumed on the premises, determined under the reporting procedures set forth in section 10-211(1)(b) as then in effect;

 

(2) The licensee of such premises shall comply with the provisions of section 10-211(1)(b) as then in effect;

 

(3) No such establishment shall at any time be issued a 3:00 a.m. closing permit;

 

(4) No such establishment shall employ loudspeakers or any other amplifying device on the exterior of its premises;

 

(5)  No such establishment shall constitute, or allow upon such premises the operation of, a dance hall, pool hall, arcade, nightclub or tavern; and

 

(6)               There may not be in effect at any one time more than three retail sale-by-drink licenses issued solely under the authority of the exception contained in this subsection (k) for restaurant-bar sale-by-drink establishments within the restricted area, of which no more than one such retail sale-by-drink license may be for premises located south of 63rd Street.

 

For the purposes of calculating the amount and percentage of annual gross sales from the sale of prepared meals and food, any nonalcoholic components mixed or served in any alcoholic beverage shall be considered to be part of the alcoholic beverage and shall not be considered to be prepared meals and food. Any person or licensee violating the provisions of this subsection (k) shall be subject to the penalties set forth in section 10-40 of this chapter.

 

(l) The provisions of subsections 10-212(a) and (b) shall not apply to restaurant-bar sale-by-drink establishments that occupy or propose to occupy any premises located at 2512 Holmes at which the issuance of any alcoholic beverage license would be prohibited pursuant to the application of subsections 10-212(a), (b) or (c) but for this subsection (l) (the restricted area); provided, that with respect to any restaurant-bar sale-by-drink establishments within the restricted area that are licensed under the authority of this subsection (l), each of the following conditions must be satisfied notwithstanding any other provisions of this chapter to the contrary:

 

(1) Such establishment shall have a restaurant or similar facility on the premises and derive 50 percent or more of its annual gross sales from the sale of prepared meals and food made and consumed on the premises under the reporting procedures set forth in section 10-211(1)(b) as then in effect;

 

(2) The licensee of such premises shall comply with the provisions of section 10-211(1)(b) as then in effect;

 

(3) No such establishment shall at any time be issued a 3:00 a.m. closing permit;

 

(4) No such establishment shall employ loudspeakers or any other amplifying device on the exterior of its premises;

 

(5) No such establishment shall constitute, or allow upon such premises the operation of a dance hall, pool hall, arcade, nightclub or tavern.

 

For the purposes of calculating the amount and percentage of annual gross sales from the sale of prepared meals and food, any nonalcoholic components mixed or served in any alcoholic beverage shall be considered to be part of the alcoholic beverage and shall not be considered to be prepared meals and food. Any person or licensee violating the provisions of this subsection (l) shall be subject to the penalties set forth in section 10-40 of this chapter.

 

(m) The provisions of Subsections 10-212(a) and (b) shall not apply for the location of a proposed premises if the proposed premises are located wholly within the following described location: Lots 1 through 9, NORTH OAK VILLAGE, a subdivision in Kansas City, Clay County, Missouri, and given the specific type of establishment of the proposed premises, the following conditions must be satisfied notwithstanding any other provisions of this chapter to the contrary:

 

(1) For a restaurant-bar sale-by-drink establishment:

 

(a) Such establishment shall have a restaurant or similar facility on the premises and derive 50 percent or more of its annual gross sales from the sale of prepared meals and food made and consumed on the premises, determined under the reporting procedures set forth in section 10-211(1)(b) as then in effect;

 

(b) The licensee of such premises shall comply with the provisions of section 10-211(1)(b) as then in effect;

 

(c) No such establishment shall at any time be issued a 3:00 a.m. closing permit;

 

(d) No such establishment shall constitute, or allow upon such premises, the operation of a dance hall, pool hall, arcade, nightclub, or tavern.

 

(2) For a full package sales license establishment or a full package sales Sunday license establishment:

 

(a) The licensee of such premises shall comply with the provisions of sections 10-111(a); 10-111(b); 10-112; and 10-104(6), as applicable; and

 

(b) No such establishment shall employ loud speakers or any other amplifying device on the exterior of its premises.

 

(n) The provisions of Subsections 10-212(a) and (b) shall not apply for the location of a proposed premises for a restaurant-bar sale-by-drink establishment if the proposed premises are located wholly within the following described location situated in Kansas City, Jackson County, Missouri: (i)  GLENCOE, West 15.7 feet of Lots 1, 2 and 3 and North 10 feet of East 120 feet of Lot 2 and North 19 feet of Lot 15 and all of Lots 16, 17 and 18 Block 3; (ii)  BISMARK PLACE, South 22.51 feet of Lot 7 and all of Lot 8 and North 17.85 feet of Lot 9 Block K; and (iii) BISMARK PLACE, Lot 6 and South 2.51 feet of Lot 5 and North 27.49 feet of Lot 7 Block K; and provided each of the following conditions must be satisfied notwithstanding any other provisions of this chapter to the contrary:

 

(1) Such establishment shall have a restaurant or similar facility on the premises and derive 50 percent or more of its annual gross sales from the sale of prepared meals and food made and consumed on the premises, determined under the reporting procedures set forth in section 10-211(1)(b) as then in effect;

 

(2) The licensee of such premises shall comply with the provisions of section 10-211(1)(b) as then in effect;

 

(3) No such establishment shall at any time be issued a 3:00 a.m. closing permit;

 

(4) No such establishment shall employ loudspeakers or any other amplifying device on the exterior of its premises (other than for soft background music); and

 

(5) No such establishment shall constitute, or allow upon such premises, the operation of a dance hall, pool hall, arcade, nightclub, or tavern.

 

(o) The provisions of Subsections 10-212(a) and (b) shall not apply for the location of a proposed premises for a place of entertainment sale-by-drink establishment if the proposed premises are located wholly within the following described location situated in Kansas City, Jackson County, Missouri: All of Lots 1-5 and Tract A, Boulevard Brewing First Plat, Jackson County, Missouri; and provided each of the following conditions must be satisfied notwithstanding any other provisions of this chapter to the contrary:

 

(1) No such establishment shall at any time be issued a 3:00 a.m. closing permit;

 

(2) No such establishment shall employ loudspeakers or any other amplifying device on the exterior of its premises (other than for soft background music); and

 

(3) No such establishment shall constitute, or allow upon such premises, the operation of a dance hall, pool hall, arcade, or nightclub.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy K. Adams

Assistant City Attorney