| 1 | 1 | | |
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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 482 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR BERNSKOETTER. |
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| 6 | 6 | | 0619S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To repeal section 67.2500, RSMo, and to enact in lieu thereof two new sections relating to |
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| 9 | 9 | | entertainment districts. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Section 67.2500, RSMo, is repeale d and two new 1 |
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| 13 | 13 | | sections enacted in lieu thereof, to be known as sections 2 |
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| 14 | 14 | | 67.2500 and 311.084, to read as follows:3 |
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| 15 | 15 | | 67.2500. 1. A theater, cultural arts, and 1 |
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| 16 | 16 | | entertainment district may be established in the manner 2 |
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| 17 | 17 | | provided in section 67.2505 by the governing body of any 3 |
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| 18 | 18 | | county, city, town, or village that has adopted transect - 4 |
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| 19 | 19 | | based zoning under chapter 89, any county described in this 5 |
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| 20 | 20 | | subsection, or any city, town, or village that is within 6 |
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| 21 | 21 | | such counties: 7 |
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| 22 | 22 | | (1) Any county with a charter form of government and 8 |
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| 23 | 23 | | with more than two hundred fifty thousand but less than 9 |
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| 24 | 24 | | three hundred fifty thousand inhabitants; 10 |
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| 25 | 25 | | (2) Any county of the first classification with more 11 |
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| 26 | 26 | | than ninety-three thousand eight hundred but fewer than 12 |
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| 27 | 27 | | ninety-three thousand nine hundred inhabitants; 13 |
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| 28 | 28 | | (3) Any county of the first classification with more 14 |
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| 29 | 29 | | than one hundred eighty -four thousand but fewer than one 15 |
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| 30 | 30 | | hundred eighty-eight thousand inhabitants; 16 |
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| 31 | 31 | | (4) Any county with a charter form of government and 17 |
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| 32 | 32 | | with more than six hundred thousand but fewer than seven 18 |
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| 33 | 33 | | hundred thousand inhabitants; 19 SB 482 2 |
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| 34 | 34 | | (5) Any county of the first classification with more 20 |
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| 35 | 35 | | than one hundred thirty -five thousand four hundred but fewer 21 |
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| 36 | 36 | | than one hundred thirty -five thousand five hundred 22 |
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| 37 | 37 | | inhabitants; 23 |
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| 38 | 38 | | (6) Any county of the first classification with more 24 |
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| 39 | 39 | | than one hundred four thousand six hundred but fewer than 25 |
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| 40 | 40 | | one hundred four thousand seven hundred inhabitants; 26 |
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| 41 | 41 | | (7) Any county of the first classification with more 27 |
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| 42 | 42 | | than eighty-three thousand but fewer than ninety -two 28 |
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| 43 | 43 | | thousand inhabitants and with a home rule city with more 29 |
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| 44 | 44 | | than seventy-six thousand but fewer than ninety -one thousand 30 |
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| 45 | 45 | | inhabitants as the county seat ; or 31 |
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| 46 | 46 | | (8) Any county that borders on or that contains part 32 |
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| 47 | 47 | | of a lake with at least one thousand miles of shoreline . 33 |
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| 48 | 48 | | 2. Sections 67.2500 to 67.2530 shall be known as the 34 |
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| 49 | 49 | | "Theater, Cultural Arts, and Entertainment District Act". 35 |
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| 50 | 50 | | 3. As used in sections 67.2500 to 67.2530, the 36 |
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| 51 | 51 | | following terms mean: 37 |
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| 52 | 52 | | (1) "District", a theater, cultural arts, and 38 |
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| 53 | 53 | | entertainment district organized under this section; 39 |
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| 54 | 54 | | (2) "Qualified electors", "qualified voters", or 40 |
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| 55 | 55 | | "voters", registered voters residing within the district or 41 |
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| 56 | 56 | | subdistrict, or proposed district or s ubdistrict, who have 42 |
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| 57 | 57 | | registered to vote pursuant to chapter 115 or, if there are 43 |
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| 58 | 58 | | no persons eligible to be registered voters residing in the 44 |
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| 59 | 59 | | district or subdistrict, proposed district or subdistrict, 45 |
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| 60 | 60 | | property owners, including corporations and other en tities, 46 |
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| 61 | 61 | | that are owners of real property; 47 |
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| 62 | 62 | | (3) "Registered voters", persons qualified and 48 |
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| 63 | 63 | | registered to vote pursuant to chapter 115; and 49 SB 482 3 |
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| 64 | 64 | | (4) "Subdistrict", a subdivision of a district, but 50 |
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| 65 | 65 | | not a separate political subdivision, created for th e 51 |
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| 66 | 66 | | purposes specified in subsection 5 of section 67.2505. 52 |
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| 67 | 67 | | 311.084. 1. As used in this section, the following 1 |
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| 68 | 68 | | terms mean: 2 |
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| 69 | 69 | | (1) "Common area", any area designated as a common 3 |
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| 70 | 70 | | area in a development plan for an entertainment distric t 4 |
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| 71 | 71 | | approved by the governing body of the county, city, town, or 5 |
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| 72 | 72 | | village; any area of a public right -of-way that is adjacent 6 |
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| 73 | 73 | | to or within the entertainment district; and any other area 7 |
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| 74 | 74 | | identified in the development plan; 8 |
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| 75 | 75 | | (2) "Entertainment district ", any area located in any 9 |
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| 76 | 76 | | county that borders on or that contains part of a lake with 10 |
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| 77 | 77 | | not less than one thousand miles of shoreline that: 11 |
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| 78 | 78 | | (a) Is located in any city with more than one thousand 12 |
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| 79 | 79 | | nine hundred but fewer than two thousand one hundred fifty 13 |
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| 80 | 80 | | inhabitants and partially located in a county with more than 14 |
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| 81 | 81 | | twenty-two thousand but fewer than twenty -five thousand 15 |
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| 82 | 82 | | inhabitants and with a county seat with more than one 16 |
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| 83 | 83 | | hundred but fewer than five hundred inhabitants; and 17 |
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| 84 | 84 | | (b) Contains a combination of entertainment venues, 18 |
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| 85 | 85 | | bars, nightclubs, and restaurants; 19 |
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| 86 | 86 | | (3) "Portable bar", any bar, table, kiosk, cart, or 20 |
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| 87 | 87 | | stand that is not a permanent fixture and can be moved from 21 |
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| 88 | 88 | | place to place. 22 |
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| 89 | 89 | | 2. Notwithstanding any other provisions of this 23 |
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| 90 | 90 | | chapter to the contrary, any person who possesses the 24 |
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| 91 | 91 | | qualifications required by this chapter, and who meets the 25 |
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| 92 | 92 | | requirements of and complies with the provisions of this 26 |
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| 93 | 93 | | chapter, may apply for, and the supervisor of alcohol and 27 |
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| 94 | 94 | | tobacco control may issue, an entertainment district special 28 |
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| 95 | 95 | | license to sell intoxicating liquor by the drink for retail 29 SB 482 4 |
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| 96 | 96 | | for consumption dispensed from one or more portable bars 30 |
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| 97 | 97 | | within the common areas of the entertainment district until 31 |
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| 98 | 98 | | 3:00 a.m. on Mondays through Sa turdays and from 6:00 a.m. on 32 |
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| 99 | 99 | | Sundays and until 1:30 a.m. on Mondays. 33 |
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| 100 | 100 | | 3. An applicant granted an entertainment district 34 |
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| 101 | 101 | | special license under this section shall pay a license fee 35 |
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| 102 | 102 | | of three hundred dollars per year. 36 |
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| 103 | 103 | | 4. Notwithstanding any othe r provision of this chapter 37 |
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| 104 | 104 | | to the contrary, on such days and at such times during the 38 |
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| 105 | 105 | | hours a license is allowed under this chapter to sell 39 |
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| 106 | 106 | | alcoholic beverages, persons may be allowed to leave 40 |
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| 107 | 107 | | licensed establishments located in portions of the 41 |
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| 108 | 108 | | entertainment district with an alcoholic beverage and enter 42 |
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| 109 | 109 | | upon and consume the alcoholic beverage within other 43 |
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| 110 | 110 | | licensed establishments and common areas located in portions 44 |
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| 111 | 111 | | of the entertainment district. No person shall take any 45 |
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| 112 | 112 | | alcoholic beverage or alcoh olic beverages outside the 46 |
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| 113 | 113 | | boundaries of the entertainment district. At times when a 47 |
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| 114 | 114 | | person is allowed to consume alcoholic beverages dispensed 48 |
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| 115 | 115 | | from portable bars and in common areas of all or any portion 49 |
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| 116 | 116 | | of the entertainment district, the entertainme nt district 50 |
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| 117 | 117 | | shall ensure that minors can be easily distinguished from 51 |
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| 118 | 118 | | persons of legal age buying alcoholic beverages. 52 |
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| 119 | 119 | | 5. Every licensee within the entertainment district 53 |
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| 120 | 120 | | shall serve alcoholic beverages in containers that display 54 |
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| 121 | 121 | | and contain the licensee's trade name or logo or some other 55 |
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| 122 | 122 | | mark that is unique to that license and licensee. 56 |
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| 123 | 123 | | 6. The holder of an entertainment district special 57 |
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| 124 | 124 | | license is solely responsible for alcohol violations 58 |
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| 125 | 125 | | occurring at its portable bar and in any common a rea. 59 |
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| 126 | 126 | | |
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