Permit for sales at specified festival events, issuedwhen--promotional association defined--procedure--permit holderresponsible for any alcohol violations, civil fine--expires, when(Kansas City).
311.489. 1. After obtaining the approvals as described in this section,a permit for the sale of intoxicating liquor as defined in section 311.020,and nonintoxicating beer as defined in section 312.010*, RSMo, for consumptionon premises where sold, and to conduct specified festival events, shall beissued by the division of alcohol and tobacco control to any festivaldistrict, located in a community improvement district in any home rule citywith more than four hundred thousand inhabitants and located in more than onecounty, that includes three or more businesses that are licensed bars,nightclubs, restaurants, or other entertainment venues and a common area thatis closed to vehicle traffic, provided that the permit is held by apromotional association. A "promotional association" is defined as an entityformed by property owners who own or operate fifty percent or more of thesquare feet of bars, nightclubs, restaurants, and other entertainment venueslocated within the proposed festival district.
2. The promotional association shall obtain a permit from the divisionif the promotional association submits a plan to the governing body of thecity and such a plan receives approval from the city governing body. The plansubmitted shall include the legal description of the district and the commonarea within which such festivals shall be held, the name and address andresponsible person for each business participating in the promotionalassociation, the specific calendar of events for the district which shall notexceed twenty-four such events annually and shall include the dates and timesof any such events, a description of the proposed festival activities,including any proposed public street closures if applicable, proof of adequateinsurance, and a detailed description of security for any proposed festivalswhich shall be provided at the sole expense of the promotional association.Such detailed description of security shall be approved by the city policedepartment and the city department of liquor control prior to the plan beingapproved by the city. Each event on the calendar shall not exceed forty-eighthours in length. No more than two events shall be held in any calendar month. Such permit shall cost three hundred dollars per year.
3. Prior to approving the plan, the city shall notify all propertyowners in the proposed district and within five hundred feet of suchdistrict's boundaries. The city shall hold a public hearing at least thirtydays after providing such notice to obtain public views and comments on theissue. The city shall not approve any plan unless the promotional associationhas obtained written approval from at least fifty percent of the propertyowners within the district and within one hundred eighty-five feet of itsborders. If the written approvals required under this section are obtainedand the city approves the plan, the promotional association may conduct theevents described in the plan and may sell liquor for consumption within thedistrict common areas. Such liquor sales may only occur between 9:00 a.m. and1:00 a.m. In addition, for no more than ten twenty-four hour periods in ayear, such promotional association may permit customers to leave anestablishment within the district after purchasing an alcoholic beverage andconsume the beverage in the district common areas or another licensedestablishment within the district. All containers allowed to be removed froman establishment shall be marked with the name or logo of the establishmentwhere it was purchased. No person shall be allowed to take any alcoholicbeverage outside the boundaries of the festival district.
4. If participating in a promotional association event, every bar,nightclub, restaurant, promotional association, or other entertainment venuethat serves alcoholic beverages within the festival district shall usedisposable paper, plastic, or foam cups or other light-weight containers forall alcoholic beverages that the bar, nightclub, restaurant, promotionalassociation, or other entertainment venue sells within the festival districtboundaries for consumption in the district common area.
5. Minors shall not be allowed to enter the festival district during afestival event that serves liquor.
6. The holder of the permit is solely responsible for any alcoholviolations occurring within the common areas. For any violation of thischapter or of any rule or regulation of the supervisor of alcohol and tobaccocontrol, the promotional association may be assessed a civil fine of not morethan five thousand dollars. If a promotional association is found to beresponsible for such violations at three separate events, then suchpromotional association shall not seek approval for subsequent plans withoutthe prior written consent of the supervisor of alcohol and tobacco control.The promotional association's then-current plan shall be deemed terminated,and the businesses participating in the promotional association's events shallnot participate in activities permitted by subsection 3 of this sectionwithout prior written consent from the supervisor of alcohol and tobaccocontrol.
7. The provisions of this section shall expire two years after August28, 2009.
(L. 2009 H.B. 132)
Expires 8-28-11
*Section 312.010 was repealed in 2009 by H.B. 132.
Permit for sales at specified festival events, issuedwhen--promotional association defined--procedure--permit holderresponsible for any alcohol violations, civil fine--expires, when(Kansas City).
311.489. 1. After obtaining the approvals as described in this section,a permit for the sale of intoxicating liquor as defined in section 311.020,and nonintoxicating beer as defined in section 312.010*, RSMo, for consumptionon premises where sold, and to conduct specified festival events, shall beissued by the division of alcohol and tobacco control to any festivaldistrict, located in a community improvement district in any home rule citywith more than four hundred thousand inhabitants and located in more than onecounty, that includes three or more businesses that are licensed bars,nightclubs, restaurants, or other entertainment venues and a common area thatis closed to vehicle traffic, provided that the permit is held by apromotional association. A "promotional association" is defined as an entityformed by property owners who own or operate fifty percent or more of thesquare feet of bars, nightclubs, restaurants, and other entertainment venueslocated within the proposed festival district.
2. The promotional association shall obtain a permit from the divisionif the promotional association submits a plan to the governing body of thecity and such a plan receives approval from the city governing body. The plansubmitted shall include the legal description of the district and the commonarea within which such festivals shall be held, the name and address andresponsible person for each business participating in the promotionalassociation, the specific calendar of events for the district which shall notexceed twenty-four such events annually and shall include the dates and timesof any such events, a description of the proposed festival activities,including any proposed public street closures if applicable, proof of adequateinsurance, and a detailed description of security for any proposed festivalswhich shall be provided at the sole expense of the promotional association.Such detailed description of security shall be approved by the city policedepartment and the city department of liquor control prior to the plan beingapproved by the city. Each event on the calendar shall not exceed forty-eighthours in length. No more than two events shall be held in any calendar month. Such permit shall cost three hundred dollars per year.
3. Prior to approving the plan, the city shall notify all propertyowners in the proposed district and within five hundred feet of suchdistrict's boundaries. The city shall hold a public hearing at least thirtydays after providing such notice to obtain public views and comments on theissue. The city shall not approve any plan unless the promotional associationhas obtained written approval from at least fifty percent of the propertyowners within the district and within one hundred eighty-five feet of itsborders. If the written approvals required under this section are obtainedand the city approves the plan, the promotional association may conduct theevents described in the plan and may sell liquor for consumption within thedistrict common areas. Such liquor sales may only occur between 9:00 a.m. and1:00 a.m. In addition, for no more than ten twenty-four hour periods in ayear, such promotional association may permit customers to leave anestablishment within the district after purchasing an alcoholic beverage andconsume the beverage in the district common areas or another licensedestablishment within the district. All containers allowed to be removed froman establishment shall be marked with the name or logo of the establishmentwhere it was purchased. No person shall be allowed to take any alcoholicbeverage outside the boundaries of the festival district.
4. If participating in a promotional association event, every bar,nightclub, restaurant, promotional association, or other entertainment venuethat serves alcoholic beverages within the festival district shall usedisposable paper, plastic, or foam cups or other light-weight containers forall alcoholic beverages that the bar, nightclub, restaurant, promotionalassociation, or other entertainment venue sells within the festival districtboundaries for consumption in the district common area.
5. Minors shall not be allowed to enter the festival district during afestival event that serves liquor.
6. The holder of the permit is solely responsible for any alcoholviolations occurring within the common areas. For any violation of thischapter or of any rule or regulation of the supervisor of alcohol and tobaccocontrol, the promotional association may be assessed a civil fine of not morethan five thousand dollars. If a promotional association is found to beresponsible for such violations at three separate events, then suchpromotional association shall not seek approval for subsequent plans withoutthe prior written consent of the supervisor of alcohol and tobacco control.The promotional association's then-current plan shall be deemed terminated,and the businesses participating in the promotional association's events shallnot participate in activities permitted by subsection 3 of this sectionwithout prior written consent from the supervisor of alcohol and tobaccocontrol.
7. The provisions of this section shall expire two years after August28, 2009.
(L. 2009 H.B. 132)
Expires 8-28-11
*Section 312.010 was repealed in 2009 by H.B. 132.
Permit for sales at specified festival events, issuedwhen--promotional association defined--procedure--permit holderresponsible for any alcohol violations, civil fine--expires, when(Kansas City).
311.489. 1. After obtaining the approvals as described in this section,a permit for the sale of intoxicating liquor as defined in section 311.020,and nonintoxicating beer as defined in section 312.010*, RSMo, for consumptionon premises where sold, and to conduct specified festival events, shall beissued by the division of alcohol and tobacco control to any festivaldistrict, located in a community improvement district in any home rule citywith more than four hundred thousand inhabitants and located in more than onecounty, that includes three or more businesses that are licensed bars,nightclubs, restaurants, or other entertainment venues and a common area thatis closed to vehicle traffic, provided that the permit is held by apromotional association. A "promotional association" is defined as an entityformed by property owners who own or operate fifty percent or more of thesquare feet of bars, nightclubs, restaurants, and other entertainment venueslocated within the proposed festival district.
2. The promotional association shall obtain a permit from the divisionif the promotional association submits a plan to the governing body of thecity and such a plan receives approval from the city governing body. The plansubmitted shall include the legal description of the district and the commonarea within which such festivals shall be held, the name and address andresponsible person for each business participating in the promotionalassociation, the specific calendar of events for the district which shall notexceed twenty-four such events annually and shall include the dates and timesof any such events, a description of the proposed festival activities,including any proposed public street closures if applicable, proof of adequateinsurance, and a detailed description of security for any proposed festivalswhich shall be provided at the sole expense of the promotional association.Such detailed description of security shall be approved by the city policedepartment and the city department of liquor control prior to the plan beingapproved by the city. Each event on the calendar shall not exceed forty-eighthours in length. No more than two events shall be held in any calendar month. Such permit shall cost three hundred dollars per year.
3. Prior to approving the plan, the city shall notify all propertyowners in the proposed district and within five hundred feet of suchdistrict's boundaries. The city shall hold a public hearing at least thirtydays after providing such notice to obtain public views and comments on theissue. The city shall not approve any plan unless the promotional associationhas obtained written approval from at least fifty percent of the propertyowners within the district and within one hundred eighty-five feet of itsborders. If the written approvals required under this section are obtainedand the city approves the plan, the promotional association may conduct theevents described in the plan and may sell liquor for consumption within thedistrict common areas. Such liquor sales may only occur between 9:00 a.m. and1:00 a.m. In addition, for no more than ten twenty-four hour periods in ayear, such promotional association may permit customers to leave anestablishment within the district after purchasing an alcoholic beverage andconsume the beverage in the district common areas or another licensedestablishment within the district. All containers allowed to be removed froman establishment shall be marked with the name or logo of the establishmentwhere it was purchased. No person shall be allowed to take any alcoholicbeverage outside the boundaries of the festival district.
4. If participating in a promotional association event, every bar,nightclub, restaurant, promotional association, or other entertainment venuethat serves alcoholic beverages within the festival district shall usedisposable paper, plastic, or foam cups or other light-weight containers forall alcoholic beverages that the bar, nightclub, restaurant, promotionalassociation, or other entertainment venue sells within the festival districtboundaries for consumption in the district common area.
5. Minors shall not be allowed to enter the festival district during afestival event that serves liquor.
6. The holder of the permit is solely responsible for any alcoholviolations occurring within the common areas. For any violation of thischapter or of any rule or regulation of the supervisor of alcohol and tobaccocontrol, the promotional association may be assessed a civil fine of not morethan five thousand dollars. If a promotional association is found to beresponsible for such violations at three separate events, then suchpromotional association shall not seek approval for subsequent plans withoutthe prior written consent of the supervisor of alcohol and tobacco control.The promotional association's then-current plan shall be deemed terminated,and the businesses participating in the promotional association's events shallnot participate in activities permitted by subsection 3 of this sectionwithout prior written consent from the supervisor of alcohol and tobaccocontrol.
7. The provisions of this section shall expire two years after August28, 2009.
(L. 2009 H.B. 132)
Expires 8-28-11
*Section 312.010 was repealed in 2009 by H.B. 132.
