Lee's Summit staff recommend removing blanket ban on complimentary alcohol so boutiques can offer samples without liquor licenses

City staff recommended amending the city code so boutiques and similar retailers can offer complimentary alcoholic beverages without being forced to take a liquor license.

The change was presented to the Community and Economic Development Committee as an amendment to Section 4-76 of the Code of Ordinances. Major Nicole Walters of the Lee's Summit Police Department told the committee the current local language is more restrictive than Missouri law and could require businesses that now hand out a complimentary glass of wine or champagne to obtain a liquor license they cannot qualify for.

The proposed text would remove the blanket prohibition on distribution of intoxicating beverages and replace it with language that allows noncompensated complimentary distribution while continuing to prohibit distribution “for compensation.” That narrower formulation, staff said, mirrors discussions with Missouri Alcohol and Tobacco Control and leaves enforcement options for complaints about visibly intoxicated patrons or presumptive sales.

"So in front of you, you have an ordinance amending the current language as it relates to the distribution of alcohol for compensation," Major Nicole Walters said during the presentation.

City staff said the current code language could be interpreted to require a liquor license for businesses that do not otherwise meet the city's liquor-licensing definitions, which would be impractical for boutiques whose business models do not support a license. Staff recommended the committee forward the ordinance to city council with a recommendation for approval.

The committee voted to recommend approval of agenda item TMP-3297. Council member Hodges made the motion; Council member Pryor seconded. The roll-call vote recorded “aye” from Chair Lovell, Vice Chair Hodges, Council member Prior, Council member Rader and Council member Reeder; the motion carried as a recommendation to city council.

Next steps: the ordinance language will go to the full Lee's Summit City Council for final consideration. The committee and staff said enforcement of the revised language would continue to focus on complaints about intoxication, presumptive sales and compensation-for-distribution concerns rather than prosecuting complimentary tastings that meet the stated conditions.