CHAPTER 1
LIQUOR CONTROL

ARTICLE A. CEREAL MALT BEVERAGES

SECTION:

3-1A-1: Definitions

3-1A-2: License Required

3-1A-3: Fee For License

3-1A-4: Application For License

3-1A-5: Examination; Disqualification, Approval

3-1A-6: Rules, Regulations And Requirements

3-1A-7: Revocation Of License

3-1A-8: Penalty

3-1A-9: Special Event Retailers Permit

3-1A-1: DEFINITIONS:

As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:

   CASE RETAILER: A licensee who has a license to sell only at retail cereal malt beverages in original and unbroken case lots, and not for consumption on the premises.

   CEREAL MALT BEVERAGE: Means cereal malt beverage as defined in Kansas Statutes Annotated 41-2701 ("Cereal malt beverage" means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 2017 Supp. 41-2729, and amendments thereto, but does not include any such liquor which is more than 3.2% alcohol by weight) and such term shall include beer containing not more than six percent (6%) alcohol by volume when such beer is sold by a retailer licensed under the Kansas Cereal Malt Beverage Act.

   GENERAL RETAILER: A licensee who has a license to make retail sales.

   LICENSEE: A "person", as defined in this section, who has a license as herein required.

   PERSON: Shall include individuals, firms, copartnerships, corporations and associations.

   PLACE OF BUSINESS: Any place at which cereal malt beverages are sold.

   SALE AT RETAIL AND RETAIL SALE: Sales for use or consumption and not for resale in any form.

   WHOLESALER OR DISTRIBUTOR: Individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this article to persons, copartnerships, corporations and associations authorized by this article to sell cereal malt beverages at retail. (1983 Code § 6-101; amd. Ord. 1196, 3-4-2019, eff. 4-1-2019)

3-1A-2: LICENSE REQUIRED:

No person shall sell any cereal malt beverage at retail without first having secured a license for each place of business which such person desires to operate within the corporate limits of the City, as herein provided, 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. (1983 Code § 6-102)

3-1A-3: FEE FOR LICENSE:

   A.   Enumerated: There are hereby prescribed license fees as follows:

      1.   General Retailer: General retailer, for each place of business selling cereal malt beverages at retail, one hundred dollars ($100.00) per calendar year.

      2.   Case Retailer: Case retailer, for each place of business selling only at retail cereal malt beverages in original and unbroken case lots, and not for consumption on the premises, fifty dollars ($50.00) per calendar year.

   B.   Prorating Of Fee Prohibited: The 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. (1983 Code § 6-103)

3-1A-4: APPLICATION FOR LICENSE:

Any person desiring a license shall make an application to the City Council 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 Attorney General of the State and shall contain:

   A.   The name and residence of the applicant and how long he has resided within the State.

   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.

   D.   A statement that the applicant is a citizen of the United States and not less than twenty one (21) years of age and that he has not within two (2) 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. (1983 Code § 6-104)

3-1A-5: EXAMINATION; DISQUALIFICATION, APPROVAL:

   A.   Specified; Conditions: If the application is in proper form and accompanied by cash in the amount of the license fee, the City Attorney will request a certified record check from the Kansas Bureau of Investigation for consideration. The City Council shall then examine the application, and after examination of the application, the City Council shall, if they approve the same, issue a license to the applicant; provided, no license shall be issued to:

      1.   A person who is not a resident of the City in which the premises covered by the license is located and who has not been a resident in good faith of the State for at least one year prior to said application and a resident of the County in which said place of business is to be operated for at least six (6) months.

      2.   A person who is not of good character or reputation in the community in which he resides.

      3.   A person who is not a citizen of the United States.

      4.   A person who within two (2) years immediately preceding the date of making application has 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.

      5.   A co-partnership, unless one of the copartners is a resident of the City or County in which the premises covered by the license is located and unless all the members of such co-partnership shall otherwise be qualified to obtain a license.

      6.   A corporation, if any manager, officer or director thereof or any stockholder owning in the aggregate more than twenty five percent (25%) of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than nonresident within the City or County.

      7.   A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee.

   B.   Prohibited Zones: No license shall be issued for a place of business located or to be located in a prohibited zone. A person applying for a license as a case retailer must be engaged in business in this City. (1983 Code § 6-105; amd. Ord. 1206, 7-6-2020)