CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 2. CEREAL MALT BEVERAGES

No person shall sell any cereal malt beverage at retail without first having secured a license for each place of business which such person desires to operate within the city, as herein provided. A person having a license to sell only at retail cereal malt beverages in original and unbroken case lots, and not for consumption on the premises shall not sell such beverages in any other manner.

(K.S.A. 41-2702; Code 1972, 15-62; Code 2001, 3-102)

Any person desiring a license shall make an application to the governing body of the city and accompany the application with the required license fee for each place of business for which the person desires the license. The application shall be verified and upon a form prepared by the attorney general of the state and shall contain:

(a)   The name and residence of the applicant and how long he or she has resided within the State of Kansas;

(b)   The particular place for which a license is desired;

(c)   The name of the owner of the premises upon which the place of business is located;

(d)   A statement that the applicant is a citizen of the United States and not less than 21 years of age and that he or she has not within two years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States.

(K.S.A. 41-2702; Code 1972, 15-63; Code 1984; Code 2001, 3-103)

No license shall be issued to:

(a)   A person who has not been a resident in good faith of the state of Kansas for at least one year immediately preceding application and a resident of Rice county for at least six months prior to filing of such application.

(b)   A person who is not a citizen of the United States.

(c)   A person who is not of good character and reputation in the community in which he or she resides.

(d)   A person who, within two years immediately preceding the date of making application, has been convicted of a felony or any crime involving moral turpitude, or has been adjudged guilty of drunkenness or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States.

(e)   A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license.

(f)   A corporation if any manager, officer or director thereof or any stockholder owning in the aggregate more than 25% of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than nonresidence within the city or county.

(g)   A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25% of the stock, of a corporation which: (A) Has had a retailer's license revoked under K.S.A. 41-2708 and amendments thereto; or (B) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.

(h)   A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.

(i)    A person whose spouse would be ineligible to receive a retailer's license for any reason other than citizenship, retailer residency requirements or age, except that this subsection (i) shall not apply in determining eligibility for a renewal license.

(j)    A person whose place of business is within 500 feet of any public school building, or within 100 feet of any established place of worship, or outside the business district as defined in section 3-101.

(k)   A person whose spouse has been convicted of a felony or other crime which would disqualify a person from licensure under this section and such felony or other crime was committed during the time that the spouse held a license under this article.

(Code 2001; 3-104)

The rules and regulations regarding license fees shall be as follows:

(a)   General Retailer - for each place of business selling cereal malt beverages at retail, $100.00 per calendar year.

(b)   Limited Retailer - for each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises, $50.00 per calendar year. Full amount of the license fee shall be required regardless of the time of the year in which the application is made, and the licensee shall only be authorized to operate under the license for the remainder of the calendar year in which the license is issued.

(K.S.A. 41-2702; Code 1988; Code 2001, 3-105)

The journal of the governing body shall show the action taken on the application. If the license is granted, the city clerk shall issue the license which shall show the name of the licensee and the year for which issued. The license shall not be transferable. Among other things the license shall state that it is not transferable in the calendar year for which issued. The license shall be kept posted in a conspicuous place in the place of business.

(Code 1972, 15-66; Code 1984; 1 Code 2001, 3-106)

The governing body of the city, upon five days' written notice, to a person holding a license to sell cereal malt beverages shall permanently revoke or cause to be suspended for a period of not more than 30 days such license for any of the following reasons:

(a)   If a licensee has fraudulently obtained the license by giving false information in the application therefor;

(b)   If the licensee has violated any of the provisions of this article or has become ineligible to obtain a license under this article;

(c)   Drunkenness of a person holding such license, drunkenness of a licensee's manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, his or her manager or employee permitting any intoxicated person to remain in such place selling cereal malt beverages;

(d)   The sale of cereal malt beverages to any person under 21 years of age;

(e)   For permitting any gambling in or upon any premises licensed under this article;

(f)   For permitting any person to mix drinks with materials purchased in any premises licensed under this article or brought into the premises for this purpose;

(g)   For the employment of any person under the age established by the State of Kansas for employment involving dispensing cereal malt beverages;

(h)   For the employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor;

(i)    For the sale or possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premise licensed under this article, without having a valid license therefore;

(j)    The nonpayment of any license fees;

(k)   If the licensee has become ineligible to obtain a license under this chapter;

(l)    The provisions of subsections (f) and (i) shall not apply if such place of business is also currently licensed as a private club.

(K.S.A. 41-2708; Code 1988; Code 2001, 3-107; Ord. 2461)

Within 20 days after the order of the governing body revoking or suspending any license the licensee may appeal to the district court of the county in the manner as now provided by law in appeals from the probate court; provided, that any appeal taken from an order revoking or suspending any such license shall not suspend the order of revocation or suspension during the pendency of any such appeal. In case of the revocation of the license of any licensee, no new license shall be issued to such person or any person acting for on his or her behalf, for a period of six months thereafter.

(K.S.A. 41-2708; Code 1984; Code 2001, 3-108)

If a licensee desires to change the location of his or her place of business he or she shall make an application to the governing body showing the same information relating to the proposed location as in the case of an original application. Such application shall be accompanied by a fee of $5.00. If the application is in proper form, the location is not in a prohibited zone and the report relating to plumbing and sanitation is favorable and all requirements relating to a place of business are met, the governing body shall authorize the change of location.

(Code 1972, 15-69; Code 2001, 3-109)

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)   Except as provided by subsection (d), no cereal malt beverages may be sold 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 clubs 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 club by the State Director of Alcoholic Beverage Control.

(e)   The place of business shall be open to the public and to the police at all times during business hours, except that premises licensed as a club under a license issued by the State Director of Alcoholic Beverage Control shall be open to the police and not to the public.

(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 intoxicated person to remain in the place of business for which such license has been issued. .

(h)   No licensee or agent or employee of the licensee shall sell or permit the sale of cereal malt beverage to any person under 21 years of age.

(i)    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.

(j)    No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose.

(k)   No licensee or agent or employee of the licensee shall employ any person under 21 years of age in dispensing cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony.

(Code 2014)

The following hours of closing, standards of conduct and rules and regulations concerning the moral, sanitary and health conditions shall apply to places licensed to sell cereal malt beverages:

(a)   No cereal malt beverages may be sold between the hours of 12:00 midnight and 6:00 a.m. or on Sunday;

(b)   No private rooms or closed booths shall be operated in the place of business;

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

(d)   No person under 21 years of age shall be permitted to buy or drink any cereal malt beverages in or about the place of business;

(e)   No person shall have any alcoholic liquor in his or her possession while in the place of business without having the proper license therefore;

(f)   No intoxicated person shall be permitted to remain in the place of business;

(g)   No gambling shall be permitted in or upon the premises;

(h)   No person shall be permitted to mix drinks with materials purchased in the place of business or brought in for such purpose;

(i)    No person under the age established by the State of Kansas shall be employed to dispense or sell cereal malt beverages in the place of business;

(j)    No person shall be employed in the place of business who has been adjudged guilty of a felony or of any violation of any intoxicating liquor law or ordinance;

(k)   No licensee shall sell, possess, or permit any person to use or consume upon or in the premises alcoholic liquor, as defined by the laws of the State of Kansas, without holding the proper license therefore;

(l)    No licensee for consumption on the premises shall allow or permit the drinking or consumption of cereal malt beverage on the licensed premises after the hour of 12:30 a.m. or during any other time in which the sale of cereal malt beverage is prohibited; .

(m)  No cereal malt beverage licensee shall permit or allow any persons to be on or about the licensed premises after the hour of 12:30 a. m. or at any other time during which the sale of cereal malt beverage is prohibited for the purpose of consuming cereal malt beverage, and such licensed premises shall be open to inspection by any law enforcement officer.

(K.S.A. 41-2704, 41-2708; Code 1972, 15-70; Code 2001, 3-110; Ord. 2461)

No person shall sell or furnish cereal malt beverages at retail to any person on credit or on a passbook, or order on a store, or in exchange for any goods, wares or merchandise, or in payment for any services rendered, and a violation of this section shall subject the retailer to the revocation of his or her license.

(K.S.A. 41-2706; Code 1972; 15-71; Code 1984; Code 2001, 3-111)

(a)   It shall be unlawful for any person under21 years of age to remain on any premises where the sale of cereal malt beverages is licensed for on-premises consumption.

(b)   This section shall not apply if the person under 21 years of age is an employee of the licensed establishment, or is accompanied by his or her parent or guardian, or if the licensed establishment derives not more than 30 percent of its gross receipts in each calendar year from the sale of cereal malt beverages for on-premises consumption.

(Code 2014)

It shall be unlawful for any person to possess an unopened container or to consume any cereal malt beverage upon any sidewalk, public street, alley, park or any other public place within the city. No opened or unopened container of any cereal malt beverage shall be thrown upon or otherwise deposited upon any public sidewalk, street, alley or parking of the city.

(Code 1984; Code 2001, 3-113)

All parts of the licensed premises including furnishings and equipment shall be kept clean and in a sanitary condition, free from flies, rodents and vermin at all times. The licensed premises shall have at least one restroom for each sex easily accessible at all times to its patrons and employees. The restroom shall be equipped with at least one lavatory with hot and cold running water, be well lighted, and be furnished at all times with paper towels or other mechanical means of drying hands and face. Each restroom shall be provided with adequate toilet facilities which shall be of sanitary design and readily cleanable. The doors of all toilet rooms shall be self-closing and toilet paper at all times shall be provided. Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for women shall be covered. The restrooms shall at all times be kept in a sanitary condition and free of offensive odors and shall be at all times subject to inspection by the city health officer or designee.

(Code 2014)

It shall be unlawful for any person to do any of the things or acts forbidden in this article. It shall be unlawful for any person to fail or refuse to do any of the things or acts commanded to be done by this article. Any 'person violating any of the provisions of this article for which another penalty is not specifically provided shall, upon conviction thereof, be fined in any amount not to exceed $100.00, or be imprisoned not to exceed three months, or be both so fined and imprisoned.

(Code 1984; Code 2001, 3-114)