Section
3-201 Definitions
3-202 License required of retailers
3-203 Application
3-204 License fee
3-205 License procedures
3-206 License; disqualification
3-207 License granted; denied
3-208 License to be posted
3-209 Prohibited zones
3-210 Business regulations
3-211 Suspension of license
3-212 License suspension/revocation by governing body
3-213 Same; appeal
3-214 Wholesalers and/or distributors
3-215 Change of location
3-216 Prohibited conduct on premises
3-217 Sanitary conditions required
3-218 Curb service prohibited
3-219 Penalty
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CEREAL MALT BEVERAGE. Any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2% alcohol by weight.
DIRECTOR. The Director of Alcoholic Beverage Control of the Department of Revenue.
DRINKING ESTABLISHMENT. Premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
INDIVIDUAL DRINK. A beverage containing alcoholic liquor or cereal malt beverage served to an individual for consumption by such individual or another individual, but which is not intended to be consumed by two or more individuals. The term INDIVIDUAL DRINK includes beverages containing not more than eight ounces of wine, 32 ounces of beer or cereal malt beverage, or four ounces of a single spirit or a combination of spirits.
LEGAL AGE FOR CONSUMPTION OF CEREAL MALT BEVERAGE. A person 21 years of age or older.
MINOR. Any person under 21 years of age.
MORALS CHARGE. A charge involving prostitution; procuring any person; soliciting of a child under 18 years of age for any immoral act involving sex; possession or sale of narcotics, marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal cohabitation; adultery; bigamy; or a crime against nature.
NON-BEVERAGE USER. Any manufacturer of any of the products set forth and described in K.S.A. 41-501, and amendments thereto, which the products contain alcohol or wine, and all laboratories using alcohol for non-beverage purposes.
ORIGINAL PACKAGE. Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, or contain and to convey any alcoholic liquor. Original container does not include a sleeve.
PERSON. Any individual, firm, partnership, corporation or association.
PLACE OF BUSINESS. Any place at which cereal malt beverages are sold.
RESTAURANT.
(1) In the case of a club, a licensed food service establishment which, as determined by the Director derives from sales of food for consumption on the licensed club premises not less than 50% of its gross receipts from all sales of food and beverages on such premises in a 12-month period;
(2) In the case of a drinking establishment subject to a food sales requirement under K.S.A. 41-2642, and amendments thereto, a licensed food service establishment which, as determined by the Director, derives from sales of food for consumption on the licensed drinking establishment premises not less than 30% of its gross receipts from all sales of food and beverages on such premises in a 12-month period; and
(3) In the case of a drinking establishment subject to no food sales requirement under K.S.A. 41-2542, and amendments thereto, a licensed food service establishment.
RETAILER. A person who sells at retail, or offers for sale at retail, alcoholic liquors. RETAILER does not include micro brewery or a farm winery. It also includes any person who sells or offers for sale any cereal malt beverage for use or consumption and not for resale in any form.
SELL AT RETAIL and SALE AT RETAIL.
(1) Sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders, or temporary permits.
(2) Does not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a temporary permit.
(Ord. 657, passed 11-18-2014)
No person shall sell any cereal malt beverage at retail without first having secured a license for each place of business which such person desired to operate within the corporate limits of the city, as provided in this article, and 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.
(Ord. 657, passed 11-18-2014)
(a) Any person desiring a license shall make an application to the governing body of the city and accompany the application by 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 State Attorney General, and shall contain:
(1) The name and residence of the applicant and how long he or she has resided within the state;
(2) The particular place for which a license is desired;
(3) The name of the owner of the premises upon which the place of business is located;
(4) The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired;
(5) 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; and
(6) Any further information including Social Security number of the applicant to complete the background check.
(b) The application shall be accompanied by a statement and appropriate records search fee, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. The application shall be scheduled for consideration by the governing body at the earliest meeting consistent with current notification requirements.
(Ord. 657, passed 11-18-2014)
Loading...