No person shall sell any cereal malt beverage and/or beer containing not more than 6% alcohol by volume 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 and/or beer containing not more than 6% alcohol by volume 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; Ord. 2502; Ord. 2536)
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;
(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; and
(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; Ord. 2502; Ord. 2536)
No license shall be issued to:
(a) A person who is not a citizen of the United States.
(b) A person who is not of good character and reputation in the community in which he or she resides.
(c) 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.
(d) A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license.
(e) 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.
(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, 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.
(g) 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.
(h) A person whose spouse would be ineligible to receive a retailer’s license for any reason other than citizenship requirements or age, except that this subsection (h) shall not apply in determining eligibility for a renewal license.
(i) 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.
(j) 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; Ord. 2502; Ord. 2536)
The rules and regulations regarding license fees shall be as follows:
(a) For each retailer selling cereal malt beverages and/or beer containing not more than 6% alcohol by volume at retail, $100.00 per calendar year.
(b) For each retailer selling only at retail cereal malt beverages and/or beer containing not more than 6% alcohol by volume 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; Ord. 2502; Ord. 2536)
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; Ord. 2502; Ord. 2536)
(a) The governing body of the city, upon five days’ written notice, to a person holding a license to sell cereal malt beverages and/or beer containing not more than 6% alcohol by volume may permanently revoke or cause to be suspended such license for any of the following reasons:
(1) If the licensee has violated any of the provisions of this article;
(2) 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 and/or beer containing not more than 6% alcohol by volume;
(3) The sale of cereal malt beverages and/or beer containing not more than 6% alcohol by volume to any person under 21 years of age;
(4) 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;
(5) For the sale or possession of, or for permitting any person to consume on the licensed premises, any alcoholic liquor as defined by section 3-101 of this chapter, except beer containing not more than 6% alcohol by volume; or
(6) The licensee has been convicted of a violation of the beer and cereal malt beverage keg registration act pursuant to state law.
(b) The provisions of subsections (a)(4) and (5) shall not apply if the place of business or premises also are currently licensed as a club or drinking establishment pursuant to state law.
(c) The governing body of the city, upon five days’ written notice, to a person holding a license to sell cereal malt beverages and/or beer containing not more than 6% alcohol by volume shall permanently revoke or cause to be suspended such license for any of the following reasons:
(1) If a licensee has fraudulently obtained the license by giving false information in the application therefor;
(2) If the licensee has become ineligible to obtain a license under this article;
(3) The nonpayment of any license fees;
(4) For permitting any gambling in or upon any premises licensed under this article;
(5) For the employment of persons under 18 years of age in dispensing cereal malt beverages or beer containing not more than 6% alcohol by volume;
(6) For the employment or continuation in employment of a person in connection with the sale, serving or dispensing of cereal malt beverages if the licensee knows such person has been, within the preceding two years, adjudged guilty of a felony or of any violation of the intoxicating liquor laws of this state, another state or the United States; or
(7) If there has been a violation of K.S.A. 21-6204, and amendments thereto, in or upon the licensee’s place of business.
(K.S.A. 41-2708; Code 1988; Code 2001, 3-107; Ord. 2461; Ord. 2502; Ord. 2536)
Within 20 days after the order of the board revoking or suspending any license, the licensee may appeal to the district court and the district court shall proceed to hear such appeal as though such court had original jurisdiction of the matter. Any appeal taken from an order revoking or suspending the license shall not suspend the order of revocation or suspension during the pendency of any such appeal.
(K.S.A. 41-2708; Code 1984; Code 2001, 3-108; Ord. 2502; Ord. 2536)
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; Ord. 2502; Ord. 2536)
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 and/or beer containing not more than 6% alcohol by volume 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 and/or enhanced 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 and/or beer containing not more than 6% alcohol by volume may be sold at any time alcoholic liquor is allowed by law to be served on premises which are licensed 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 and/or beer containing not more than 6% alcohol by volume 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 and/or beer containing not more than 6% alcohol by volume. No licensee shall employ any person who has been judged guilty of a felony.
(Code 2014; Ord. 2502; Ord. 2536)
(K.S.A. 41-2704, 41-2708; Code 1972, 15-70; Code 2001, 3-110; Ord. 2461; Ord. 2493; Ord. 2502; Ord. 2536)
No person shall sell or furnish cereal malt beverages and/or beer containing not more than 6% alcohol by volume 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; Ord. 2502; Ord. 2536)
(a) It shall be unlawful for any person under 21 years of age to remain on any premises where the sale of cereal malt beverages and/or enhanced cereal malt beverage is licensed for on-premises consumption or on any premises approved in accordance with section 3-103(a).
(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 and/or enhanced cereal malt beverage for on-premises consumption.
(Code 2014; Ord. 2502; Ord. 2536; Ord. 2552; Ord. 2553)
It shall be unlawful for any person to possess an opened container of any cereal malt beverage and/or alcoholic liquor in any public place within the city not licensed to sell, serve, or dispense such beverage or liquor at such public place, including those public places mentioned in section 3-103(c), except as provided in section 3-103(a). No opened or unopened container of any cereal malt beverage and/or alcoholic liquor shall be thrown upon or otherwise deposited upon any such public place in the city.
(Code 1984; Code 2001, 3-113; Ord. 2502; Ord. 2536; Ord. 2552; Ord. 2553)
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; Ord. 2502; Ord. 2536)
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; Ord. 2502; Ord. 2536)