File #: 230357    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 4/20/2023 In control: Council
On agenda: 5/4/2023 Final action: 5/4/2023
Title: Sponsor: Councilmember Andrea Bough Amending Chapter 10, Code of Ordinances, by repealing Section 10-332, Restrictions and prohibited acts by all retail licenses, and enacting in lieu thereof a new section of like number and subject matter which clarifies that marijuana, in any form, cannot be sold or consumed on a licensed premises.
Sponsors: Andrea Bough
Attachments: 1. Docket Memo 230357, 2. 230357com, 3. 230357.Authenticated Ordinance
ORDINANCE NO. 230357

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Sponsor: Councilmember Andrea Bough

Amending Chapter 10, Code of Ordinances, by repealing Section 10-332, Restrictions and prohibited acts by all retail licenses, and enacting in lieu thereof a new section of like number and subject matter which clarifies that marijuana, in any form, cannot be sold or consumed on a licensed premises.

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WHEREAS, the Regulated Industries Division believes greater clarity is needed regarding the sale and use of marijuana on licensed premises; and NOW, THEREFORE

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 10, Code of Ordinances of Kansas City, Missouri, is hereby amended by repealing Section 10-332, Restrictions and prohibited acts by all retail licenses, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

Sec. 10-332. Restrictions and prohibited acts by all retail licensees.

(a) Sales to minors or intoxicated persons. No retail licensee, nor employee of the licensee, shall allow any alcoholic beverages to be sold, given or otherwise supplied upon the licensed premises to any person who is under of 21 years of age, or to a habitual drunkard, or to any person who is intoxicated or who is actually or apparently under the influence of alcoholic beverage.

(b) Consumption by minors. No retail licensee, nor employee of the licensee, shall allow any person under 21 years of age to consume alcoholic beverages upon the licensed premises.

(c) Sale for off-premise consumption. No retail licensee or employee of the licensee shall sell any alcoholic beverage that is not in the original package for off-premise consumption, unless it is contained in:

(1) A growler as outlined in Section 10-337; or

(2) A rigid, durable, leak-proof, sealable container, that:

a. Does not exceed 128 ounces;

b. Is designed to prevent consumption without removal of the tamperproof cap or seal;

c...

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