§ 10-137. Westside Restaurant Special District.

(a)

Notwithstanding any ordinance to the contrary, the director may issue an annual liquor license for a restaurant-bar sale by the drink for a location more than 100 feet but less than 300 feet of a church or school if:

(1)

The premises is located in the area of properties fronting Southwest Boulevard on the north and south, from Washington Street on the west, to Twenty-fifth Street on the east; and

(2)

The applicant possesses all the qualifications required and has completed all requirements imposed by this chapter to obtain a restaurant-bar sale by the drink liquor license except for the qualification that requires the premises be located more than 300 feet from a church or school; and

(3)

The applicant has obtained a waiver from any school or church located more than 100 feet but less than 300 feet of the proposed licensed premises; and

(4)

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. 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; and

(5)

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

(6)

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

(7)

No such establishment shall employ loudspeakers or any other amplifying device on the exterior of its premises without first obtaining a permit from the Regulated Industries Division of Kansas City, Missouri; and

(8)

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

(b)

A church or school waiver is valid for the initial term of a liquor license and three subsequent renewals and may not be revoked during that period. The waiver may be renewed by the school or church every four years for the next four renewal periods thereafter. For a waiver to be valid it must be on a form provided by the director and have the notarized signature of the individual(s) with authority to consent to the waiver on behalf of the school or church. If the waiver is not renewed by any school or church located more than 100 feet but less than 300 feet of the premises of the restaurant-bar sale by the drink liquor license then the director shall determine that the restaurant-bar sale by the drink liquor license will not be renewed.

(c)

Upon the occurrence of a church or school being established within 300 feet of any place of business located in the Westside Restaurant Special District licensed to sell intoxicating liquor, there shall be no requirement on the licensee to obtain a waiver from the school or church for any renewal.

(d)

If the church or school grants a waiver, written notice of the waiver shall be provided to all owners of property within 300 feet of the proposed licensed premises.

(e)

If an application or renewal application under this section is disapproved by the director then the applicant may file with the board a written request for a hearing before the board on the denial or decision. The request has to be made by the applicant, within 10 days after notice of the director's final decision. The applicant shall also serve a copy of said request on the director.

(Ord. No. 051100, § 1, 9-8-05)