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(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)
It shall be the duty of every licensee to observe the following regulations.
(a) The place of business licensed and operating 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) (1) Except as provided by division (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., 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% of its gross receipts for 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.
(2) Pursuant to K.S.A. 41-2704, the sale at retail of cereal malt beverage in the original package is allowed within the city on any Sunday, except Easter, between the hours of 12:00 noon and 8:00 p.m.
(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.
(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 material 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.
(Ord. 657, passed 11-18-2014; Ord. 674, passed 4-15-2019)
The Chief of Police, upon five days’ written notice, shall have the authority to suspend such license for a period not to exceed 30 days, for any violation of the provisions of this chapter or other laws pertaining to cereal malt beverages, which violation does not in his or her judgment justify a recommendation of revocation. The licensee may appeal such order of suspension to the governing body within seven days from the date of such order.
(Ord. 657, passed 11-18-2014)
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