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Chapter III · Beverages

ARTICLE 3a. RETAIL SALE OF ALCOHOLIC LIQUOR BY THE PACKAGE

Sections 3-3a01 to 3-3a06 · 6 sections

3-3a01 State license required​

(a)It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas liquor control act” without first having obtained a state license to do so.
(b)The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the city clerk when applying to pay the occupation tax levied in section 3-3a02 and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(Ord. 2522; Ord. 2523; Ord. 2536)

3-3a02 Occupational tax.​

There is hereby levied a biennial occupation tax of $300.00 on any person holding a license issued by the state director of alcoholic beverage control for the retail sale within the city of alcoholic liquors for consumption off the premises. Such tax shall be paid by the retailer to the city clerk before business is begun under an original state license and shall be paid within five days after any renewal of a state license.

(K.S.A. 41-310; Ord. 2522; Ord. 2523; Ord. 2536)

3-3a03 Posting of receipt.​

Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises.

(Ord. 2522; Ord. 2523; Ord. 2536)

3-3a04 Reserved.​

No person shall sell at retail any alcoholic liquor in the original package:

(a)On Sunday not earlier than 9:00 a.m. and not later than 8:00 p.m.;
(b)On Easter Sunday, Thanksgiving Day or Christmas Day; or
(c)Before 9:00 a.m. or after 11 :00 p.m. on any day when the sale is permitted.

(K.S.A. 41-712; Ord. 2522; Ord. 2523; Ord. 2536)

3-3a05 Business regulations.​

(a)It shall be unlawful for a retailer of alcoholic liquor to:
(1)To permit any person to mix drinks in or on the licensed premises, except as provided in subsection (b);
(2)To employ any person under the age of 21 years in connection with the operation of such retail establishment; or
(3)To employ any person in connection with the operation of such retail establishment who has been adjudged guilty of a felony.
(b)The provisions of subsection (a)(1) shall not apply to the preparation or mixing of samples for the purposes of conducting wine, beer or distilled spirit tastings, or any combination thereof, as authorized by K.S.A. 2020 Supp. 41308d, and amendments thereto.

(K.S.A. 41-713; Ord. 2522; Ord. 2523; Ord. 2536)

3-3a06 Restrictions on location.​

(a)No retailer’s license shall be issued for premises unless such premises comply with all applicable zoning regulations.
(b)No retailer’s license shall be issued for premises which:
(1)Are located within 200 feet of any public or parochial school or college or church, except that if any such school, college or church is established within 200 feet of any licensed premises after the premises have been licensed, the premises shall be an eligible location for retail licensing; or
(2)Do not conform to all applicable building regulations. City policies inconsistent with this chapter, are hereby repealed and held for naught.

(K.S.A. 41-710; Ord. 2522; Ord. 2523; Ord. 2536)