Title 5 - Business Licenses and Regulations

5.22.030 Authorization by Governing Body.

1. A.

   Consideration. The Governing Body shall review the application for the proposed common consumption area and may, by resolution, issue a CCA permit to authorize the possession and consumption of alcoholic liquor in the designated area. In reviewing the application, the Governing Body shall consider the following factors:

   1. 1.

      The suitability of the proposed common consumption area and its compatibility or impact on adjacent or nearby properties and their uses. Provided, common consumption areas can only be approved for locations in areas zoned CP-1, CP-2, CP-3, MXD or DFD.

   2. 2.

      Whether the proposed closure of any street, alley or roadway will cause a significant hardship to pedestrian or vehicle traffic, and whether alternative routes are available for public, transit and emergency vehicles.

   3. 3.

      The adequacy of fire and EMS routes and access and the anticipated area occupancy.

   4. 4.

      The adequacy of security to be provided in the common consumption area.

   5. 5.

      No common consumption area will be approved at or on premises which do not conform to applicable provision of city code, including but not limited to, the Unified Development Code and applicable building, health or fire codes.

   6. 6.

      The distance between the proposed common consumption area and other common consumption areas approved by the City.

   7. 7.

      Concerns expressed by neighborhood, businesses, residents or other citizens regarding the proposed common consumption area.

   8. 8.

      Impact of the application on the public health, safety and welfare.

   9. 9.

      City staff’s review and comments.

      1. a.

         If the application is for a renewal, Police and Fire shall provide a report of all calls for service and number of arrests or citations issued for offenses occurring in or upon the designated common consumption area and the areas immediately adjacent thereto.

   10. 10.

       Any other factor deemed pertinent to the particular application.

   11. 11.

       No CCA permit shall be approved to authorize the consumption of alcoholic liquor prior to 6:00 a.m. or after midnight. Provided, this limitation shall not apply to events between 8:00 a.m. on December 31st through midnight on January 1st of any year.

   12. 12.

       No CCA permit shall be issued to:

       1. a.

          A person who has been convicted of or has pled guilty to a felony under the laws of this State, any other State, or the United States;

       2. b.

          A person who has had a liquor license revoked for cause under the provisions of Article 26 of Chapter 41 of the Kansas Statutes Annotated;

       3. c.

          A person who has been convicted, or has forfeited bond to appear in court to answer to charges, of being the keeper or is keeping any property, whether real or personal, private or commercial, where sexual relations are being sold or offered for sale;

       4. d.

          A person who has been convicted of or has pled guilty to being a proprietor of a gambling house or of pandering or other crimes or misdemeanors opposed to decency and morality or shall have forfeited bond to appear in court to answer charges for any such violations;

       5. e.

          A person who is not at least 21 years of age;

       6. f.

          A person who, other than as a member of the Governing Body of the City or of Johnson County, appoints or supervises any law enforcement officer, or who is a law enforcement official;

       7. g.

          A person who intends to carry on the business authorized by the CCA permit as the agent of another;

       8. h.

          A person who at the time of application for renewal of any CCA permit issued hereunder would not be eligible for such license upon a first application; or

       9. i.

          Any person, if the spouse of such person would be ineligible to receive such a license hereunder for any reason other than citizenship, residence requirements or age, except that this subsection shall not apply in determining eligibility for a renewal CCA permit or to a person whose spouse is a law enforcement officer.

2. B.

   Approval. If the Governing Body determines that the application for a CCA permit will be approved, the Governing Body shall adopt a resolution setting forth:

   1. 1.

      The boundaries of the common consumption area.

   2. 2.

      The hours and days of operation that consumption of alcoholic liquor or cereal malt beverage may be consumed in the common consumption area.

   3. 3.

      A list of all streets, alleys, sidewalks or other right-of-way to be closed during the hours of the common consumption area and a corresponding traffic control plan.

   4. 4.

      That the approved resolution and CCA permit shall not exceed a period of one year, and that the CCA permit is not transferable or assignable.

   5. 5.

      That the CCA permit holder and any participating licensee must comply with all rules and regulations set forth in this Chapter.

   6. 6.

      Any additional condition or stipulation set by the Governing Body.

       The City Clerk shall provide a certified copy of the resolution to the CCA permit holder and the Kansas Director of Alcoholic Beverage Control within 10 business days of approval by the Governing Body.

(History: Ord. ABC-3368 §2, 2022; Ord. ABC-3215 §4, 2018)

Effective on: 1/1/1901