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City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 22-077Ord.No:          19369

Agenda Title:

22-077 - 2R.  An ordinance amending Chapter 2 of the City Code, “Alcoholic Beverages".
Recommendations:

Staff recommends approval.

Executive Summary:

This amendment to the City Code would update the city’s alcoholic beverage code to align with the Missouri State Statutes and clarify changes made to City Code about a year ago.

Background:

The original Alcoholic Beverage regulations of Chapter 2 were approved in 1970.  Over the years, there were a total of 38 amendments.  Most recently in March 2021 the City Council approved a major amendment, repealing and replacing Chapter 2 after staff’s comprehensive review of the Chapter.

 

This amendment corrects several issues discovered after the passage of the previous amendment and brings city code in line with recent state liquor law changes.

 

This ordinance amendment:

 

Updates regulations to match State Statutes – Sunday Sales.  The State legislature recently passed a law extending the allowed hours of liquor sales on Sundays.  This change created a conflict with city code. This proposed amendment would bring city code in line with state law. 

 

Clarifies certain provisions related to Domestic Winery Licenses.   State statutes allows the sale of Missouri produced wine by the drink without a separate drink license.  This change would bring the City’s requirements in line with state law. Wineries wishing to sell other intoxicating liquor are required to obtain a drink license.  When they do obtain a separate drink license, Sunday sales would be included at no additional fee.      

 

Clarifies the process - change of ownerships.  This amendment clarifies that a change of ownership application is to be handled in the same manner as new license application based on the location’s proximity to residential, parks, etc.  

 

Modifies Provisions relating to complementary liquor at hair and nail salons.  In the last year the issue of hair and nail salons offering complimentary drinks to paying customers has come up.  This amendment would allow salons to serve alcohol to paying customers without a liquor license as long they are in compliance with other state laws and city ordinances. 

 

Allows for informal disposition of contested cases. This amendment would allow for the imposition of fines or fees in lieu of a liquor license suspension.  Other jurisdictions like Kansas City, Missouri, St. Joseph, and Missouri State Alcohol and Tobacco Control all have the ability to impose fines or fees.  This would allow the Liquor License Officer the flexibility to collect fines or fees instead of issuing a suspension. 

Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
Code ChangesBackup Material