CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 3. ALCOHOLIC LIQUOR AND DRINKING ESTABLISHMENTS

"Alcoholic beverage" or alcoholic liquor as used in this article includes the varieties of liquor as defined in K.S.A. 41-102, namely alcohol, alcoholic liquor, spirits, wine and beer and every liquid or solid, patented or not, containing alcohol, alcoholic liquor, spirits, wine or beer, and capable of being consumed as a beverage by a human being, but does not include any beer or cereal malt beverage containing not more than 3.2 percent of alcohol by weight.

(Ref.: K.S.A. 41-208; K.S.A. 41-102; Code 1984; Code 2001, 3-201; Code 2014; Ord. 2461)

It shall be unlawful for any person to keep for sale, offer for sale, advertise for sale or sell any alcoholic liquor at retail in the original package.

(Ord. 2461)

It shall be unlawful for any person granted a drinking establishment licensed by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a city license from the city clerk.

(Ord. 2461)

Any person desiring to secure a license or renew an existing license under the provisions of this section shall make a verified application with the City Clerk. Such application shall be upon a form provided by the City Clerk and shall contain:

(a)   The name and address of the applicant.

(b)   The address and legal description of the place for which the license is desired.

(c)   The name of the owner of the premises upon which the place of business is located, if different from the applicant.

(d)   A disclosure statement listing each officer, manager, director, trustee, grantor, beneficiary, owner, stockholder owning a beneficial interest in a corporation, partner, and the spouses of these individuals. The disclosure statement shall certify that all the individuals listed are not disqualified from obtaining a drinking establishment license as provided in K.A.R. 14-21-3.

(e)   A disclosure statement listing all personnel who will be mixing or dispensing alcoholic liquor.

(Ord. 2461)

There is hereby levied a biennial license fee on each private club located in the city which has a drinking establishment license issued by the state director of alcoholic beverage control, which fee shall be paid before business is begun under an original state license and within five days after any renewal of a state license.

(a)   The city license fee for a drinking establishment shall be $250.00

(b)   All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city.

(c)   The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.

(d)   Every licensee shall cause the city drinking establishment license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.

(Ord. 2461; Ord. 2462)

It shall be the duty of every licensee to observe the following regulations.

(a)   The place of business licensed and operating under this article shall at all times have a front and rear exit unlocked when open for business.

(b)   The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police and health officers of the city, county and state.

(c)   No alcoholic liquor shall be allowed to be sold, served, mixed or dispensed between the hours of 12:00 midnight and 6:00 a.m., or consumed between the hours of 12:30 a.m., and 6:00 a.m., or on Sunday, except in a place of business which is licensed to sell cereal malt beverage for consumption on the premises, which derives not less than 30 percent of its gross receipts from the sale of food for consumption on the licensed premises; closing hours for drinking establishments shall conform to K.S.A. 41-2614 and any amendments thereto.

(d)   Cereal malt beverages may be sold at any time alcoholic liquor is allowed by law to be served on premises which are licensed pursuant to K.S.A. 41-2701 et seq., and licensed as a drinking establishment by the State Director of Alcoholic Beverage Control and the holder has a cereal malt beverage license issued by the City of Sterling.

(e)   The place of business shall be open to the public and to the police at all times during business hours.

(f)   It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued.

(g)   No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued.

(h)   No licensee or agent or employee of the licensee shall employ any person under 21 years of age in dispensing alcoholic liquor. No licensee shall employ any person who has been judged guilty of a felony.

(Ord. 2461)

It shall be unlawful to knowingly or unknowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any minor; and no such minor shall represent that he or she is of age for the purpose of asking for, purchasing or receiving alcoholic liquor from any person, except in cases authorized by law. No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is mentally incompetent, or any person who is physically or mentally incapacitated by the consumption of such liquor.

(Code 1972; 17-109; Code 2001, 3-203; Code 2014, 3-303; Code 2014; Ord. 2461)

It shall be unlawful for any person to drink or consume alcoholic liquor upon any public street or highway or thoroughfare including but not limited to city property including the city park; upon property owned by the state or any governmental subdivision thereof; or inside vehicles while upon a street, highway or other public thoroughfare.

(Code 1972, 17-110; 111 Code 1984; Code 2001, 3-204; Code 2014, 3-304; Code 2014; Ord. 2461)