§ 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 sales-by-drink license to any other license classification, or from an existing sales-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 shall not apply for the location of a proposed premises for a retail sales-by-drink establishment if the proposed premises is located wholly within the following entertainment districts as defined below;

(1)

18th & Vine District Area means the area generally described as the area bounded by and beginning from the intersecting point of Lydia Avenue and East Truman Road, thence east along East Truman Road to the intersecting point of Brooklyn Avenue, thence south along Brooklyn Avenue to the intersecting point of East 19th Street, thence west along East 19th Street to the intersecting point of Groves Street, thence north along Groves Street to the intersecting point of East 17th Street, thence west along East 17th Street to the intersecting point of Lydia Avenue, thence north along Lydia Avenue to the intersecting point of East Truman Road.

(2)

Central Business District Area means the area generally described as the area between the Missouri River on the north, Broadway on the west, Holmes on the east and Pershing Road on the south.

(3)

Country Club Plaza Area means the area generally described as the area between 46th Terrace on the north, Main Street on the east, Ward Parkway on the south and Belleview Avenue on the west.

(4)

Westport Shopping District Area means the area generally described as the area between 39th Street on the north, Main Street on the east, 43rd Street on the South and Southwest Trafficway on the west.

(5)

Zona Rosa Shopping District Area means the area generally described as the area between Missouri Highway 152 on the north, Interstate 29 on the east, to Barry Road on the south, to Northwest Prairie View Road, to Northwest 86th Terrace and to North Congress Avenue on the west.

(e)

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.

(f)

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 100 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 have passed from the date the notice was sent.

(Ord. No. 000056, § A, 2-22-00; Ord. No. 000267, § 1, 3-16-00; Ord. No. 030620, § A, 6-5-03; Ord. No. 030713, § A, 7-3-03; Ord. No. 040307, § 1, 4-1-04; Ord. No. 040472, § 1, 5-13-04; Ord. No. 050847, § 1, 8-25-05; Ord. No. 060312, § 1, 4-13-06; Ord. No. 061243, § 1, 11-30-06; Ord. No. 061327, § 1, 12-13-06; Ord. No. 070159, § 1, 2-22-07; Ord. No. 071385, § 1, 1-17-08; Ord. No. 080164, § 1, 3-6-08; Ord. No. 100844, § 1, 10-28-10; Ord. No. 120142, § 1, 2-23-12; Ord. No. 120907, § 1, 11-1-12; Ord. No. 180122 , § 1, 4-12-18)