City of Buckner, MO Chapter 255 Temporary Outdoor Consumption Permit

Section 255.010

[Ord. No. 1089, 5-16-2024]

A. Issuance Of Temporary Outdoor Consumption Permit. The Board of Aldermen, may, in it's sole discretion, issue a temporary outdoor consumption permit to any business or businesses located within the City, such area being referred to herein as the "permit area." The temporary outdoor consumption permit may only be issued after proper application has been received by the City Clerk. The Board of Aldermen may place such terms and conditions on the temporary outdoor consumption permit as it in its sole discretion deems appropriate.

B. Permit Area. The following area has been designated as the Hudson Street Corridor, and the businesses therein are specifically allowed to request a temporary outdoor consumption permit:

1. An area, which shall include, in whole or in part, Hudson Street to: Madison Street in the north; Lake City Road to the south; Central Street to the west; and to BB Highway in the east.

2. Other areas of the City may be eligible for requesting temporary outdoor consumption permits, but not before this Section is amended by the Board of Aldermen to allow such area the ability to request temporary consumption permits.

C. Conditions Of Temporary Outdoor Consumption Permit. Within the permit area and during the times of the permit:

1. Section 210.760 of the Code (and any amendments thereto) may be suspended or modified, in the Board of Aldermen's sole discretion, for the permit area.

2. The granting of the permit shall authorize the closing of only the specific streets required within the permit area as approved by the Board of Aldermen.

3. The permit holder may exclude from the permit area any person or persons who are disrupting the activities of the permit holder. The term disrupting, shall include, but is not limited to, loud noise, obstructing the view of others, obstructing the flow of pedestrian traffic, or interfering with the permit holder's staff or volunteers; provided, however, the term shall not be construed to allow the permit holder to prohibit distribution of petitions, pamphlets, or speech which is not disruptive.

4. No person shall possess alcohol within the permit area except in a container issued by the permit holder or his or her designee(s) hereinafter "event cup"). The event cup shall be plastic and conspicuous. All event cups shall be substantially the same in size, color, and characteristics.

5. Any establishment within the permit area agreeing to follow the rules found here and which is properly licensed to sell liquor by the drink may sell beer or liquor in an event cup which the purchaser may consume on any public street or sidewalk within the permit area. All persons purchasing any beverage in an event cup must be twenty-one (21) years of age or over and the establishment shall place a wristband, as designated by the permit holder for the event, on the person's wrist to indicate that said person is twenty-one (21) years of age or over. Alternatively, wristbands may be placed on such persons at a central specified location within the permitted area. The wristband must remain on the person's wrist at all times when consuming alcohol on the streets or sidewalks within the permit area. No establishment shall sell alcohol for outside consumption to someone who is not wearing such a wristband. Persons with a proper wristband and drinking from an event cup and who are within the permit area shall not be considered to be carrying an open container.

6. Persons violating this Section may be required by a Police Officer to leave the permit area and if so ordered shall not return during the permit period. Establishments not following this Section may lose the ability to participate in future events.

7. All other provisions of the City ordinances not specifically suspended or modified herein shall remain in full force and effect.

D. Application Form. The application must:

1. Be signed by an individual authorized to sign on behalf of: a business within the permit area, a charitable organization, a not-for-profit corporation, or other not-for-profit entity located in or serving the residents of the City of Buckner. In addition, the applicant must have at least one (1) member being a resident of the City.

2. Be on a form provided by the City and specify the nature of the event, the dates, times, and location of the event, and the public safety plan for the event.

3. Be submitted at least seven (7) business days prior to the Board of Aldermen meeting at which the application is to be considered.

4. Include a provision that the permit holder(s) hereby agree to defend, indemnify, and hold harmless the City against any and all claims made against the City regarding, in any way, the permit area or outdoor consumption of alcoholic beverages.

E. Rules Applicable To Permit Area. During the period that the permit is in effect:

1. No glass containers of any kind shall be permitted within the permit area during its period of operation.

2. No alcoholic beverages in open containers of any kind, other than event cups, shall be permitted within the permit area during the event.

3. The permit holder shall clearly mark the boundaries of the permitted area, in a manner acceptable to the Chief of Police or his or her designee, clearly indicating where open containers are and are not permitted.

4. The permit holder shall be responsible for cleaning up trash after the event and restoring streets and sidewalks to pre-event condition.

F. Multiple Temporary Outdoor Consumption Permits. In order to enable multiple events, the Board of Aldermen may authorize multiple temporary outdoor consumption permits upon a single application and may authorize the issuance of a temporary catering permit.

G. Permit Fee. The fee for a temporary outdoor consumption permit shall be twenty-five dollars ($25.00) and shall be submitted with the application. The fee shall be refunded if the permit is denied by the Board of Aldermen or if the terms and conditions imposed on the permit are rejected by the applicant and the application withdrawn prior to the event.