Title 5 - Business Licenses and Regulations

5.22.020 Permit Application.

1. A.

   A person who desires a common consumption area permit (a “CCA permit”) authorizing the consumption of alcoholic liquor or cereal malt beverage in a designated indoor or outdoor area not otherwise subject to a license issued pursuant to the Kansas Liquor Control Act or the Kansas Club and Drinking Establishment Act shall complete an application upon forms provided by the City Clerk. Completed applications shall be filed with the City Clerk and be accompanied by a non-refundable permit fee (set by resolution). The applicant shall provide all information requested and should allow a minimum of 45 days for review and approval of a properly completed application. The CCA permit application shall include the following information:

   1. 1.

      Name and address of the applicant.

      1. a.

         Per K.S.A. 41-2659(b), the applicant must be a Kansas resident or an organization that has its principal place of business in Kansas. If the applicant is an organization, it shall provide a copy of its articles of incorporation, bylaws and a list of all directors, officers, partners and/or members.

   2. 2.

      Proposed hours and days of operation of the common consumption area.

   3. 3.

      A detailed map of the proposed common consumption area showing: the boundaries and size of the area; location and description of any physical barriers and/or signage for the area, entrances and exits; location of attached licensed drinking establishments; identification of licensed drinking establishments that are adjacent but not to be attached to the area; and approximate location of security personnel.

   4. 4.

      A list of streets, alleys, sidewalks or other right-of-way to be closed to vehicular traffic during the hours of the common consumption area, and a corresponding traffic control plan. (e.g. alternative traffic routes, location of barricades, cones and signage.) Alternative routes must be available for public, transit and emergency vehicles.

   5. 5.

      Identify fire and EMS routes and access and anticipated area occupancy.

   6. 6.

      A detailed description of security arrangements for the proposed common consumption area, including the number and the approximate location of security personnel. (Security will be required to coordinated with the Police Department and the use of on duty police officers may be required.)

   7. 7.

      Type of alcoholic liquor or cereal malt beverage to be consumed and the means or method which will be used to sell, dispense or distribute alcoholic liquor or cereal malt beverage to be consumed in the proposed common consumption area.

   8. 8.

      Name and contact information for on-site supervisors or managers responsible for the proposed consumption area.

   9. 9.

      Name and address of licensed drinking establishments adjacent to the proposed common consumption area which will obtain authorization from the Kansas Alcoholic Beverage Control to be attached to the proposed area.

   10. 10.

       Name and address of any other licensee who will be authorized by the Kansas Alcoholic Beverage Control to participate in the proposed area. (e.g., caterer’s license or temporary liquor license who will sell in the area.)

   11. 11.

       Applicant’s plan to prevent off-premises consumption of alcoholic liquor or cereal malt beverage and the consumption of alcoholic liquor or cereal malt beverage by minors as part of the proposed common consumption area.

   12. 12.

       Documentation showing authorization to use all portions of the proposed common consumption area. (e.g., lease, use agreement or deed.)

   13. 13.

       Commitment to procure and maintain throughout the duration of the CCA permit an insurance policy or policies for general liability and liquor liability issued by an insurance company authorized to do business in the State of Kansas, which policy includes the “City of Overland Park, Kansas” as an additional insured and which provides commercial general liability coverage in an amount not less than $1,000,000.00 per occurrence / $2,000,000.00 annual aggregate and liquor liability in an amount not less than $1,000,000.00 annual aggregate. Proof of insurance shall be submitted to the City on forms approved by the City’s Risk Manager upon issuance of the CCA permit and continued maintenance of this insurance shall be a condition of the CCA permit.

   14. 14.

       Commitment to indemnify, release and hold harmless the City, its Governing Body and its employees from and against any losses incurred or suffered by any person or to any real or personal property as a result of or in connection with the common consumption area.

2. B.

   Upon receipt of the application, application fee and all other necessary documents, the City Clerk shall forward the application to the following departments for review: Police, Fire, Planning & Development, Public Works and Law. These departments shall timely review the application and provide written comments to the City Clerk to be included in the staff recommendations to the Governing Body. The City Clerk will assist the applicant with addressing any concerns noted by staff’s review.

3. C.

   In the event the proposed common consumption area is located within 200 feet of any residentially zoned property,^[2] the applicant shall provide written notice by certified mail to all owners of record of all real property located within 200 feet of the proposed area at least 20 days prior to the date of the Governing Body’s hearing on the application. The applicant shall file with the City Clerk the certified mailings and an affidavit stating the names and addresses of the persons to whom notice was sent at least two business days prior to the hearing date.

^[2] If the proposed common consumption area is within the Downtown Form District (DFD), this notice is only required when such area is within 200’ of a residentially zoned property which is not included in the Form District.

(History: Ord. ABC-3368 §1, 2022; Ord. ABC-3215 §3, 2018)

Effective on: 1/1/1901