§ 10-214. Consents required.

(a)

Consent of neighboring property owners.

(1)

In the: (1) Crossroads Area which is defined as being bounded by Truman Road on the north, Troost Avenue on the east, the Kansas City Terminal Railway tracks on the south and by Interstate 35 on the West herein referred to as the "Crossroads Area" and (2) the Historic West Bottoms Area which is defined as being bounded by and beginning at the intersection of the west city limit and the south bank of the Missouri River, thence south along the west boundary of the city limit to the intersection with the north right-of-way line of 25th Street, thence east along the north right-of-way line of 25th Street to the intersection with the west right-of-way line of Allen Road, thence generally north along the west right-of-way line of Allen Road to the intersection with the west right-of-way line of Holly Avenue, thence north along the west right-of-way line of Holly Avenue to the intersection with the west right-of-way of Beardsley Road, thence north along the west right-of-way line of Beardsley Road to the intersection with the north right-of-way line of 6th Street, thence east along the north right-of-way line of 6th Street to the intersection with the west right-of-way of Broadway Avenue, thence north along the west right-of-way line of Broadway Avenue to the intersection with the south bank of the Missouri River, thence west along the south bank of the Missouri River to the point of beginning herein referred to as the "Historic West Bottoms Area," no sales-by-drink, C.O.L. or sales-by-package alcoholic beverage license shall be issued for any premises as further described in this section unless the applicant shall, within 45 days of the filing of the application, furnish to the director, consent forms signed from a majority of eligible consenters as defined in this chapter from a minimum of 15 eligible property parcels as defined by geographic information systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the public works department of the city, wholly within or intersected by a radius of 250 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. For any premises that does not either intersect or include the boundaries of a minimum of 15 eligible property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1,500 feet until the premises is intersected by or within the boundaries of a minimum of 15 eligible property parcels. No more than 35 percent of the eligible property parcels included in the consent radius shall be comprised of property parcels that are owned by the same person, as person is defined in this chapter, or owned by an entity in which the same person has a majority ownership interest therein. If the same person, or an entity in which the same person has a majority ownership interest therein, owns multiple parcels within the boundaries of the consent radius, only those property parcels located within the closest proximity to the proposed premises, which account for 35 percent of the total eligible property parcels, will be included in the consent radius. If after reviewing the ownership of the eligible property parcels some of the property parcels are determined to no longer be eligible to consent because they are owned by the same owner as defined above, the eligible property parcels shall be increased based on the incremental radius defined above to reach the minimum 15 eligible property parcel requirement. The center of the door for the main entrance to the premises shall be determined by the entrance most used by the public frequenting the establishment. The applicant must provide a notarized statement that all consent forms submitted to the director are from the property owners or tenants, as described in this section, that have been identified as eligible consenters and that no eligible consenter or tenant of an eligible consenter has received, either directly or indirectly, anything of value which may include but is not limited to any gift, compensation, loan, favor, privilege, service, courtesy or otherwise, in exchange for their consent. The consent requirement provided in this section shall apply to:

a.

Any new premises;

b.

Any premises that was previously licensed unless not required in section 10-269 of this chapter;

c.

The expansion of any licensed premises;

d.

Notwithstanding any other section of this chapter, any previously licensed or permitted premise where the license or permit was revoked;

e.

Any licensed premises, including but not limited to a restaurant, tavern, hotel, bowling alley, grocery store or convenience store that changes the type of business that was originally approved by the director;

f.

Any premises intending to provide live entertainment as outlined in section 10-332 of this chapter; and

g.

Any change in ownership of a licensed premises unless not required in section 10-266 of this chapter.

An applicant required to submit consents to the director shall furnish with the application two coordinates, expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises. If within the initial 45-day period for furnishing consents, an applicant files with the director a written request demonstrating good cause for an extension of time to furnish consents, the director may grant one extension of time for furnishing consents under this section up to an additional 45 days. An eligible consenter who originally gave their consent for a liquor license may withdraw their consent but only during the consent period by notifying the director in writing stating their desire to withdraw their consent. If an eligible consenter chooses to abstain from giving their consent, they will not be included in the total number of eligible consenters for which the applicant must obtain consents; however, the applicant must furnish a signed consent form from the property owner indicating that they have chosen to abstain from the consent process. For purposes of this section, a condominium as defined in this chapter that has less than five unit owners shall be considered as a single property parcel entitled to a total of two consents which consent shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has between five and 15 unit owners shall be considered as a single eligible property parcel entitled to a total of three consents which shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has more than 15 unit owners shall be considered as a single eligible property parcel entitled to a total of four consents which shall be validated only if a majority of the condominium unit owners give their consent. In lieu of a signed consent from an eligible property owner under this section, an applicant may furnish and the director shall accept a signed consent in the proper form from a tenant of the property owner under the following conditions:

1.

The tenancy is for a term not less than one year; and

2.

The applicant shall furnish to the director sufficient proof that the applicant has sent a notification to the eligible consenting owner in a form approved by the director, by U.S. certified mail; and

3.

The notification shall include the date of application, name and address of the applicant, the name and address of the proposed establishment, the type of license applied for, the proposed hours of operation and the proposed type of entertainment. The notification shall also include the name, address, telephone and facsimile numbers of the director's office and instructions to the property owner for filing an objection to accepting the signed consent of the tenant and a statement that if the owner does not file an objection with director within 30 days of the date of the certified mailing of the notification, the director will accept the signed consent of the tenant.

(2)

With the exception of the areas outlined in subsection (a)(1) of this section, no sales-by-drink, C.O.L. or sales-by-package alcoholic beverage license shall be issued for any premises as further described in this section unless the applicant shall, within 45 days of the filing of the application, furnish to the director, consent forms signed from a majority of eligible consenters as defined in this chapter from a minimum of 15 eligible property parcels as defined by geographic information systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the public works department of the city, wholly within or intersected by a radius of 250 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. For any premises that does not either intersect or include the boundaries of a minimum of 15 eligible property parcels within a radius of 250 feet, the radius will be increased by segments of 100 feet not to exceed 1,500 feet until the premises is intersected by or within the boundaries of a minimum of 15 eligible property parcels. The center of the door for the main entrance to the premises shall be determined by the entrance most used by the public frequenting the establishment. The applicant must provide a notarized statement that all consent forms submitted to the director are from the property owners or tenants, as described in this section, that have been identified as eligible consenters and that no eligible consenter or tenant of an eligible consenter has received, either directly or indirectly, anything of value which may include but is not limited to any gift, compensation, loan, favor, privilege, service, courtesy or otherwise, in exchange for their consent. The consent requirement provided in this section shall apply to:

a.

Any new premises;

b.

Any premises that was previously licensed unless not required in section 10-269 of this chapter;

c.

The expansion of any licensed premises;

d.

Notwithstanding any other section of this chapter, any previously licensed or permitted premise where the license or permit was revoked;

e.

Any licensed premises, including but not limited to a restaurant, tavern, hotel, bowling alley, grocery store or convenience store that changes the type of business that was originally approved by the director;

f.

Any premises intending to provide live entertainment as outlined in section 10-332 of this chapter; and

g.

Any change in ownership of a licensed premises unless not required in section 10-266 of this chapter.

An applicant required to submit consents to the director shall furnish with the application two coordinates, expressed in feet, based on the North American Datum 1983 Missouri West State Plane Coordinate System, identifying the center of the door for the main entrance to the premises. If within the initial 45-day period for furnishing consents, an applicant files with the director a written request demonstrating good cause for an extension of time to furnish consents, the director may grant one extension of time for furnishing consents under this section up to an additional 45 days. An eligible consenter who originally gave their consent for a liquor license may withdraw their consent but only during the consent period by notifying the director in writing stating their desire to withdraw their consent. If an eligible consenter chooses to abstain from giving their consent, they will not be included in the total number of eligible consenters for which the applicant must obtain consents; however, the applicant must furnish a signed consent form from the property owner indicating that they have chosen to abstain from the consent process. For purposes of this section, a condominium as defined in this chapter that has less than five unit owners shall be considered as a single property parcel entitled to a single consent which consent shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has between five and 15 unit owners shall be considered as a single property parcel entitled to two consents which shall be validated only if a majority of the condominium unit owners give their consent. A condominium unit that has more than 15 unit owners shall be considered as a single property parcel entitled to three consents which shall be validated only if a majority of the condominium unit owners give their consent. In lieu of a signed consent from an eligible property owner under this section, an applicant may furnish and the director shall accept a signed consent in proper form from a tenant of the property owner under the following conditions:

1.

The tenancy is for a term not less than one year; and

2.

The applicant shall furnish to the director sufficient proof that the applicant has sent a notification to the eligible consenting owner in a form approved by the director, by U.S. certified mail; and

3.

The notification shall include the date of application, name and address of the applicant, the name and address of the proposed establishment, the type of license applied for, the proposed hours of operation and the proposed type of entertainment. The notification shall also include the name, address, telephone and facsimile numbers of the director's office and instructions to the property owner for filing an objection to accepting the signed consent of the tenant and a statement that if the owner does not file an objection with director within 30 days of the date of the certified mailing of the notification, the director will accept the signed consent of the tenant.

(b)

Notification of application. The director shall mail written notification of the filing an application for a license under this section to all eligible consenters identified for the application and owners of property parcels located in Kansas City, Missouri as defined by Geographic Information Systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the public works department of the city, wholly within the consent radius as determined. The director shall mail written notification of the filing of an application for a license under this section to all neighborhood associations registered with the city whose boundaries are wholly within or intersected by a radius of 500 feet from the proposed premises, as measured from the center of the door for the main entrance to the premises. The director will not issue consent forms to the applicant until three days have passed from the date the director mails the written notification of application to the eligible consenters and the appropriate registered neighborhood associations.

(c)

Form of consent. Consents required under the provisions of this section shall be in writing on a form provided by the director and shall contain a statement that the person signing is a bona fide eligible consenter under the provisions of this section. Any consent form that has been submitted from an eligible consenter or tenant of an eligible consenter who has received, either directly or indirectly, anything of value which may include but is not limited to compensation, gift, loan, favor, privilege, service, courtesy or otherwise, in exchange for their consent will become null and void and therefore will not be accepted.

(d)

The radius of 250 feet provided in subsection (a) of this section shall be increased to 500 feet for sales-by-package alcoholic beverage licenses for malt beverages having an alcohol content not in excess of five percent by weight in the original package if the applicant invokes the exemption from the density provisions contained in section 10-211(2)d of this chapter.

(e)

Failure to obtain consents. The director shall not accept an application for a premise where any applicant has failed to successfully complete the consent process two times within a 12-month period unless 12 months have passed from the date of the most recent denial by the director or withdrawal by an applicant of an application.

(Ord. No. 000056, § A, 2-22-00; Ord. No. 010792, § A, 6-7-01; Ord. No. 050160, § 1, 3-3-05; Ord. No. 080389, § 1, 5-1-08; Ord. No. 090763, § 1, 10-15-09; Ord. No. 110004, § 1, 1-13-11; Ord. No. 110136, § 1, 3-10-11; Ord. No. 120006, § 1, 2-23-12; Ord. No. 120634, § 1, 7-26-12; Ord. No. 130096, § 1, 2-28-13; Ord. No. 160281 , § 1, 4-28-16; Ord. No. 160621 , § 1, 8-18-16; Ord. No. 160958 , § 1, 1-26-17; Ord. No. 170123 , § 1, 3-30-17)