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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)
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 shall be an amount set by Council 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 shall be an amount as set by Council per calendar year.
(c) Retailer will be responsible for and shall reimburse the city for the records search check costs.
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. 41-2701) (Ord. 657, passed 11-18-2014)
(a) All applications for a new and renewed cereal malt beverage license shall be submitted to the City Clerk ten days in advance of the governing body meeting at which they will be considered.
(b) The City Clerk’s office shall notify the applicant of an existing license at least 20 days in advance of its expiration.
(c) The City Clerk’s office shall provide copies of all applications to the Chief of Police when they are received. The Chief of Police will run a records check on all applicants. The Chief of Police will then recommend approval or disapproval of all applications within five working days of the Police Department’s receipt of the application.
(d) The governing body will not consider any application for a new or renewed license that has not been submitted ten days in advance and been reviewed by the above city departments.
(e) An applicant who has not had a cereal malt beverage license in the city shall attend the governing body meeting when the application for a new license will be considered.
(Ord. 657, passed 11-18-2014)
No license shall be issued to:
(a) A person who has not been a resident in good faith of the state for at least one year immediately preceding application and a resident of the 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 a morals charge, 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 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 should 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:
(1) Has had a retailer’s license revoked under K.S.A. 41-2708 and amendments thereto; or
(2) 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; or
(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 division shall not apply in determining eligibility for a renewal license.
(Ord. 657, passed 11-18-2014)
(a) The journal of the governing body shall show the action taken on the application.
(b) 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.
(c) No license shall be transferred to another licensee.
(d) If the license shall be denied, the license fee shall be immediately returned to the person who has made application. The records search fee will not be refunded.
(Ord. 657, passed 11-18-2014)
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